At the Russell Law Firm, LLC, our Baton Rouge personal injury lawyers know that timing is critical when pursuing a successful claim.
In Louisiana, the statute of limitations in any case, whether car accidents, slip and fall, or wrongful death, is one year from the date of injury.
The statute of limitations is the legal time limit for initiating a claim. If you fail to file within this time frame, you may lose your right to seek compensation for your injuries.
However, under Louisiana law, there are some limited exceptions to the one-year deadline. Here, we discuss how accident and injury circumstances can impact a claim’s timing.
What are the Exceptions to Louisiana’s One-Year Statute of Limitations for Personal Injury Claims?
Limited circumstances may extend the statute of limitations for personal injury claims in Louisiana.
They include:
- Minors
When a minor is injured in an accident, the statute of limitations does not start until they turn 18. This means they have until one year after their 18th birthday to file a claim, regardless of their age at the time of the accident.
- Incapacitation
For individuals declared legally incompetent, the statute of limitations is suspended during incapacity and resumes once they regain competence.
- Multiple Party Claims
When someone or multiple people are injured in a single accident, like multi-car pileups, a claim must be filed against one party within the one-year statute of limitations.
However, it is possible to sue another party after the one-year deadline if both defendants are found to be jointly liable.
- Defective Products/Exposure Claims
When a defective product causes an injury, the statute of limitations does not begin until it is determined that the actual cause of the injury should have been reasonably discovered.
In addition, when a person is unaware of an injury-causing event, like exposure to a hazardous chemical, the one-year statute of limitations does not start until the cause of the injury has been established.
The Russell Law Firm, LLC is in Your Corner, and We Fight to Win
If you or someone you love has been injured in an accident caused by negligence in Louisiana, contact our dedicated Baton Rouge personal injury attorneys today at (225) 307-0088 or online to get the legal support you need to produce real results for your unique case.
The sooner you can speak with an experienced personal injury attorney, the better. A quick legal response will allow us to collect critical evidence to support your claim before it is lost or destroyed.
Information furnished herein is only general and not a substitute for personalized legal advice. Any and all discussions and photographs visible herein depict no actual event or scene but merely a dramatization.