After a Louisiana car accident, you generally have two years from the date of the incident to file a personal injury lawsuit. In July of 2024, Louisiana increased its deadline from one year to two years. While you now have a little more time to pursue justice, it’s still important to act quickly.
Those Injured in a Louisiana Car Accident Have Two Years to File a Personal Injury Claim
Under Louisiana Civil Code Article 3493.1, the deadline for filing a personal injury claim is two years. It applies to injuries or damages sustained on or after July 1, 2024.
This deadline applies to situations where you are pursuing compensation from another party for injuries caused by their negligence. The clock typically starts running on the day that the injury occurred. If you miss the deadline, you will lose your chance to file a civil lawsuit to pursue your claim for damages.
While you technically have two years to take action, you should not wait that long. Waiting can make it harder to pursue a claim because evidence can get lost and witnesses can forget. An attorney can help you understand these deadlines, preserve evidence, and help you build a strong claim for compensation for your car accident injuries.
Are There Exceptions to Louisiana’s Two-Year Car Accident Filing Deadline?
There are some limited exceptions to Louisiana’s statute of limitations. For example, when a minor is injured, different deadlines may apply. There is also an exception for the delayed discovery of injuries.
Accidents Involving Minors
When a minor is injured in a crash, the filing deadline may get delayed. In certain circumstances, Louisiana law suspends or tolls the filing deadline until a child reaches the age of 18.
However, parents or legal guardians can, and often do, pursue claims on a child’s behalf before the child reaches adulthood. It can be much easier to make a claim in the aftermath of the accident. Additionally, a claim will help pay for medical bills and other damages from the accident. A lawyer can help you assess your circumstances and decide what to do on behalf of a minor child injured in a crash.
Delayed Discovery of Injuries
Under Louisiana law, if a person does not discover their injuries right away, and the delay was reasonable, the delayed discovery of injuries rule can delay the filing deadline. In these cases, the statute of limitations time starts to toll after a person discovers, or should have discovered, their injury.
This does not mean that the timeline is delayed just because you don’t realize immediately that your injuries are serious. It just means that in circumstances where you reasonably may not have known you were hurt at all, the time clock will start running when you become aware of your injuries (or when you should have become aware of them). This rule most often applies in medical malpractice claims and is rarely applicable in car accident cases.
Claims Against Government Entities
If you are injured in a car accident that was caused by a government employee, who was working at the time of the accident, there are special requirements for filing a claim. Under Louisiana Revised Statutes § 13:5107, you only have one year to file a claim, instead of two. You also have a limited time to provide notice to the government agency. If you fail to provide notice or file your claim in a timely manner, you could be barred from recovering damages. An experienced attorney can help you understand the nuances of filing a car accident claim against a government entity in Louisiana.
Wrongful Death
Under Louisiana State Legislature Civil Code Art. 2315.2, the deadline for filing a wrongful death claim is only one year from the date that your loved one has died. This is one of the shortest filing times in any state. If you have lost a loved one in a fatal car accident that was caused by someone else’s negligence or wrongdoing, it is critically important to speak with an attorney to make sure you can preserve your right to pursue a potential claim.
Does Filing an Insurance Claim Change the Deadline?
Filing an insurance claim is different from filing a lawsuit. Filing an insurance claim does not extend the legal deadline for filing a civil lawsuit. Even if you are actively negotiating with an insurance company, you still need to follow the statute of limitations and file your civil personal injury lawsuit on time.
If you miss your deadline, your claim will be time-barred. If you are no longer legally able to file a personal injury lawsuit to seek compensation, the insurance company will no longer have any incentive to negotiate a settlement. Working with an experienced attorney who understands the Louisiana statute of limitations for car accidents can prevent this.
Contact Shamieh Law About Your Louisiana Car Accident Claim
If you were injured in a Louisiana car accident, understanding your legal deadline is an important first step. A car accident lawyer at Shamieh Law can help you assess your claims, explain your options, and help you pursue compensation before important deadlines expire. Contact us online or give us a call at 337-435-8071 to schedule your free consultation and learn more about how we can help.