Louisiana’s New Statute of Limitations
What You Need to Know About Seeking Justice After a Personal Injury
Recent changes in Louisiana law have extended the statute of limitations for personal injury claims occurring on or after July 1, 2024, from one year to two years. This extension gives you more time to seek compensation if you’ve been injured in an accident, but it’s essential to understand how it impacts your rights.
At Gordon McKernan Injury Attorneys, we’re committed to helping you navigate these changes. Let’s break down what this new law means for you:
What is the Statute of Limitations?
In simple terms, the statute of limitations is a legal deadline that sets a time limit for filing a lawsuit. In Louisiana, this deadline is the “prescriptive period”; It dictates how long you have, after an injury occurs, to take legal action against the responsible party.
What Was The Law Before?
Previously, Louisiana followed a one-year statute of limitations for most personal injury claims. This meant that injured individuals had just one year from the date of their injury to file a lawsuit. This short window could create significant challenges, especially in complex cases involving:
- Serious injuries: Medical treatment and rehab can make it difficult to fully assess the damages and gather evidence.
- Hidden injuries: Some injuries, like brain trauma, may not show symptoms right away, making it hard to find the cause and file a claim within a year.
- Complex investigations: Thorough investigations often involve gathering witness statements, medical records, and expert opinions, which can take time.
New Statute of Limitations in Louisiana For Personal Injury
Thanks to House Bill 315, Act 423, the law in Louisiana has changed! Effective July 1, 2024, the statute of limitations for most claims has been doubled to two years.
Civil Code Article 3493.11: Lawsuits for Injuries
- New time limit: You now have two years to sue someone for injuring you.
- When the time starts: The two-year countdown begins on the day you sustained the injury.
- Exceptions: If you are a child or have a disability and your injury is permanent, you may have more time to sue if the case is about a dangerous product.
Civil Code Article 3493.12: Lawsuits for Property Damage
- New time limit: You now have two years to sue someone for damaging your house or land.
- When the time starts: The two-year countdown begins on the day you knew or should have known about the damage.
These changes provide personal injury victims in Louisiana with much-needed breathing room to pursue the compensation they deserve.
Remember:
- The new statute of limitations only applies to incidents occurring on or after July 1, 2024.
- You only have one year to file a claim for an incident that occurred before.
- You only have one year to file a claim for an incident that occurred before.
- This time extension does not apply to every type of claim.
- For example, product liability claims still follow the one-year rule.
- Wrongful death claims may still follow the one-year rule.
Why This Is Important For Louisiana Residents
The previous one-year limit could significantly disadvantage Louisiana residents. With complex injuries requiring extensive investigation and treatment, the one-year window often felt like an unbeatable obstacle. This law change gives Louisianans a chance to:
- Seek justice without rushing: More time for a careful investigation can help you build your case with less stress.
- Prepare a winning case: With more time, you can secure crucial evidence, like witness statements and accident scene photos, that can strengthen your personal injury case.
Common Accident Claims Affected by the Change
The new Louisiana statute of limitations for personal injury applies to a wide range of accident claims, including:
When Should I Contact My Louisiana Personal Injury Lawyer?
While the two-year window provides more time, it’s still crucial to contact a personal injury attorney as soon as possible after an injury. Early action allows for:
- Securing evidence: The sooner you act, the easier it is to preserve crucial evidence, like skid marks, damaged property, and surveillance footage.
- Preserving witness accounts: Memories fade with time and an attorney can quickly interview witnesses while their recollections are still fresh.
- Building a stronger case: Early action allows your attorney to begin investigating your claim and developing a solid legal strategy.
Get Help from a Louisiana Personal Injury Lawyer
Understanding the recent development in our current statute of limitations is crucial. Reach out to Gordon McKernan Injury Attorneys if you have any questions about what this change could mean for your case.
Our experienced Louisiana personal injury lawyers at our firm are dedicated to guiding you through the legal process and fighting for the compensation you deserve.
Contact us today! We offer free consultations to discuss your specific situation and are ready to fight for the justice you deserve.
