If you’ve been injured, it is critically important for you to understand the amount of time you have to file a Louisiana personal injury claim. This is because the law only gives injured people so long to file a lawsuit after an injury.
If you wait too long, you will likely have your case dismissed and will have no way to be compensated for your injuries.
How Long Do I Have to File a Claim?
Louisiana law gives you one year from the date of your accident to file a Louisiana personal injury claim. But, this only applies to claims that arise under Louisiana state law, so it does not include injury claims brought under the Jones Act or the general maritime law, which must be filed within three years.
Why Do I Have a Limited Time to File Suit?
You have probably heard of the “statute of limitations,” which is a period of time that the law allows for you to file a claim. Louisiana has the same concept, but we call it “prescription.”
The reason for having these statutory time limits is to make sure that people pursue their claims quickly when the information, documents, and witnesses are all fresh and readily available. It also gives people and companies the benefit of knowing how long they can be sued for an accident that they caused.
Can The Time to File Suit Be Extended?
Yes. Louisiana has a couple of ways that the time period to file suit can be extended. First, Louisiana uses the “discovery rule,” which keeps your one year period from starting until you have knowledge of your claim. This is particularly important in occupational disease (like mesothelioma) and medical malpractice cases, where you might not become aware of your claim until more than a year later.
The “continuing tort” doctrine also extends the time period for filing a lawsuit. This applies when there is a pattern of repetitive conduct that continues for an extended period of time and is particularly important in cases involving patterns of repeated abuse.
However, keep in mind that there are some instances where the time period can only be extended so far. Medical malpractice cases, for example, must generally be filed within 3 years of the date of the malpractice, regardless of when you learned of your claim.
Call a New Orleans Personal Injury Lawyer
If you’ve been injured in an accident, don’t delay in getting the help you need. Call The Mahone Firm today at (504) 564-7342 to discuss your case with a New Orleans personal injury lawyer.
