Lousiana has a one-year deadline to file suit for the majority of civil actions
The simple answer is that your deadline to file a lawsuit depends on the type of case you have. As with any other state in the country, there are deadlines to file a lawsuit. In Louisiana, they are called prescriptive periods. In every other state in the country, they are called statute of limitations. It is very important for you to understand these deadlines, because if you do not file suit and/or file suit but improperly file the papers with the court, your case may be dismissed forever.
Insurance companies pushed and continue to push to limit the amount of time you have to file suit. Why? Because the less time you have, the more likely you make a mistake and miss your deadline. The logic that the insurance companies used to sell their propaganda was to prevent people from threatening to file suit indefinitely.
What does the prescriptive period mean in Louisiana?
Louisiana differs from many states in that most causes of action in Louisiana come with a one-year deadline to file suit. In most other states (including Texas), this time period ranges from two to five years. There are just a couple exceptions to this rule in Louisiana: lawsuits involving rent and debt collection, which each carry a three-year limit, and contracts and judgments, which have a 10-year deadline to file suit.
Due to the complicated nature of any type of personal injury lawsuit, we highly recommend retaining the services of a knowledgeable personal injury lawyer in Lake Charles. The last thing you want is to find out that you have missed your window to file your lawsuit simply because you did not understand the state’s laws. If you have been involved in a car accident or injured because of someone else’s negligence in a different type of accident, please contact Shamieh Law today. Our Lake Charles personal injury lawyers will help you understand the deadlines and other procedures you must follow so that you may seek the justice you deserve.
What are the Deadlines to File Suit in Louisiana?
We have briefly discussed Louisiana’s prescriptive period, but we are going to go into a bit more detail regarding how much time you have to file suit depends on the type of case. In Lake Charles and the rest of Louisiana, the following prescriptive periods (or deadlines) are in place:
- Libel and Slander (Defamation) – One year to file suit
- Fraud – One year to file suit
- Injury to Personal Property – One year to file suit
- Medical Malpractice – One year to file suit
- Injury to person (Personal Injury Cases) – One year to file suit
- Commercial Transactions – Three years to file suit
- Rent Collection – Three years to file suit
- Contracts (Breach of Contract) – 10 years to file suit
- Debt Collection – Three years to file suit
- Annulment of Testament (Disputing a Will)- Five years to file suit
- Child Support – 10 years to file suit
- Compensation and Salaries – Three years to file suit
- Discrimination in Employment – One year to file suit
- Worker’s Compensation – Typically one year, but there are certain situations where the statute of limitations may vary
- Uninsured Motorist Claims – Two years from the date of the accident to file suit