Accidents happen all time. And while some accidents are inevitable, most are actually preventable. If you are hurt in an accident that is not your fault, you deserve financial restitution for the damages suffered. These may include economic and non-economic damages.
However, your time to act is not unlimited. There are specific laws regulating how and when you can file your claim against the liable party. And understanding these laws can ensure that you file a successful claim and get the compensation you deserve.
The Louisiana statute of limitations for personal injury claims
Every state has a limited window of time within which the plaintiff must file a lawsuit against the liable party. This time period is known as the statute of limitations period and it usually begins on the date of the injury in question – although it may start when you first discovered the injury or should have reasonably known you were injured. This is common, for example, with medical malpractice claims.
The statute of limitations is designed to serve two purposes: First, it ensures that the claim is resolved in a timely manner while the relevant evidence is still fresh. Second, it protects potential defendants from unfair or malicious prosecution.
In Louisiana, you have just one year to file a personal injury claim against the liable party.
So what happens if you miss the statute of limitations period?
If you fail to file your claim within the statute of limitations period, you might forfeit your right to the compensation you deserve. There are a few exceptions to the statute of limitations, but these exceptions are quite rare and are never worth risking.
A car accident can leave you with a variety of injuries. Find out how you can protect your rights and interests while pursuing your personal injury claim.