Entering into any legal contract, including a personal injury lawsuit in Louisiana, requires that all parties understand the parameters and regulations that are set. It is important to understand the statute of limitations in Louisiana as they pertain to filing a personal injury lawsuit if you become injured as a result of someone else’s negligence.
This statute of limitations is set at one year from the date of injury. That means if you wait longer than one year after your injury occurs, you will be barred from suing for damages, even if there is overwhelming evidence that indicates the other party was responsible for your injury.
This law provides victims with sufficient time to recover fully and make an informed decision about whether pursuing legal action is necessary or desired without putting too much time pressure on them. However, it also ensures justice is served rapidly by making sure claims do not languish in court awaiting filings or paperwork indefinitely.
The Exceptions to Louisiana’s Personal Injury Statute of Limitations
Louisiana is one of the few states that doesn't apply a single statute of limitations to all personal injury claims. The state recognizes various exceptions, where different times may apply depending on the type of claim, circumstances of the case, and certain creditor requirements.
From contract actions for communities, including real estate, damages caused by hazardous conditions, injury to an unmarried minor or their spouse, or damages caused intentionally or through wanton and reckless disregard for safety, each possible scenario has its own unique guidelines as to when filing should take place.
It's important that any individual with a potential personal injury case understands these exceptions before filing any legal action in Louisiana. Consulting with an experienced attorney can ensure someone is familiar with the laws specific to their particular case.
Does the Time Limit Apply to Injured Parties Under the 18 Years of Age?
In Louisiana, the statute of limitations for personal injury cases does not apply to an injured party under the age of 18. This means that minors are exempt from restrictions on when they can file a personal injury suit and how long after the incident occurred.
The state recognizes that children often don't have the full ability to recall events or develop an understanding of their rights until they become adults, thus exempting them from these limits. As a result, adults filing suits on behalf of injured minors are able to pursue damages accorded by law years after the event takes place.
Knowing this, it is essential for families and guardians with concerns about justice for an injured minor to seek legal counsel right away.
Why It’s Important to Have a Lawyer to Meet the Statute of Limitations After an Injury
After experiencing an injury, time is of the essence. According to most state statutes, you have a limited window to pursue a legal claim, which is known as the statute of limitations. If this timeline passes and you do not take any action, then you may be unable to recover damages or compensation.
It can be difficult to understand your legal rights and sort through all the details on your own after an injury has occurred—especially under such tight timelines—making it essential to hire a lawyer. Knowing when and how the statute of limitations applies in your particular case should be handled by obtaining professional advice from an experienced attorney.
At Doran & Cawthorne, P.L.L.C., our Opelousas personal injury attorneys go to bad t for you. We know how crucial it is to seek compensation following someone else’s negligent actions. Our goal is to safeguard your rights and guide you through the process in a timely and effective manner. Trust that we care about your best interests and will work to help you reach a favorable outcome.