How Long Do You Have to File a Personal Injury Claim in Louisiana

Under Louisiana law, the statute of limitations is one year for most personal injury cases that occurred before July 1, 2024, and two years for cases that occurred on or after July 1, 2024. So, if your accident occurred on June 31, 2024, you have until that day in 2025 to file a personal injury claim, a rapidly approaching deadline. If it happened on July 1, 2024, you have until that day in 2026 to file a personal injury claim.Understanding the deadline to file a personal injury claim in Louisiana is crucial to protecting your legal rights. Known as the "statute of limitations," this legal time limit determines how long you have to take action after an injury.

Louisiana’s Statute of Limitations

Why Did Louisiana’s Statute of Limitations Change from One Year to Two?

In Louisiana, the previous time limit to file a personal injury claim was one year from the date of an accident, one of the shortest statutes of limitations in the United States. However, as of July 1, 2024, the limit was changed to two years, with the updated limitation applicable to all accidents occurring on that date and after. This aligned Louisiana’s statute of limitations with other states, creating a more consistent time limit nationwide to file a personal injury claim. The statute of limitations was extended to give more time to both parties in a personal injury claim. Some evidence only appears after greater lengths of time, and the two-year statute of limitations allows injured parties, investigators, and attorneys to better prepare and gather evidence even before a claim is filed.

What Happens If You Miss the Deadline?

If you file after the statute of limitations, your case may be dismissed entirely, regardless of how strong your evidence is. Once the statute expires, the at-fault party has no legal obligation to compensate you.

Are There Any Exceptions?

Injury to a Minor

If the injured person is a minor, the one-year countdown typically starts on their 18th birthday. However, it’s still wise for a parent or guardian to seek legal counsel immediately to avoid complications.

Discovery Rule

In rare cases, if the injury wasn’t discovered right away, the one-year period may begin when the injury is discovered, or reasonably should have been discovered.

Why Acting Early Matters

Regardless of the statute of limitations, waiting to file can weaken your case. Evidence may disappear, and witnesses’ memories can fade. By speaking to a personal injury attorney early, you protect your rights and improve your chances of a fair settlement.

What Qualifies for a Personal Injury Claim

If you were harmed because of another’s negligence – even if you’re not sure – it’s worth speaking with a personal injury attorney. At Fisher Injury Lawyers, consultations are always free.Personal injury claims are a way for injured parties to recover damages like medical expenses, lost wages, and pain and suffering. Some of the most common personal injury cases are:

• Car accidents
• Slip and falls
• Medical malpractice.

How to Know Who Is at Fault for a Personal Injury Claim

Determining who is at fault is an important part of filing a personal injury claim, and another reason why filing a claim quickly is important to the success of your case. The location of the accident and other important details can provide clues as to who is liable for any injuries.For example, if you slipped at a business location, the company or a member of the staff might be found liable. However, for this to be determined, evidence needs to be gathered to illustrate that there were structural issues or hazards that the business or staff failed to address within reason.

Don’t Wait to File Your Personal Injury Claim

Need help navigating your personal injury case in Louisiana? Contact Fisher Injury Lawyers today to ensure your claim is filed on time and handled with care.Featured Image: Branislav Nenin / Shutterstock