Louisiana Personal Injury Statute of Limitations and Laws

Understanding the Louisiana personal injury statute of limitations and laws is important for anyone who has been injured because of someone else’s negligence. With recent changes to the law, missing the deadline can permanently bar you from seeking compensation, which underscores the importance of securing legal representation as soon as possible.

About Us

With Chris Villemarette, Trial Lawyer, experience matters. With over three decades of legal experience, we pride ourselves on delivering detailed, thorough, and client-focused representation.

Our aggressive approach to trial advocacy ensures that victims of car accidents, truck accidents, or even a devastating wrongful death claim receive the attention and justice they deserve. From complex courtroom proceedings to personalized client care, we’re committed to standing with you, protecting your rights, and fighting for fair compensation every step of the way.

What Is the New Two-Year Prescription Period?

Louisiana has historically had one of the shortest deadlines in the country for filing personal injury cases. Previously, injured individuals had just one year to bring a claim. However, given there are 47.3 emergency room visits per 100 people, totaling over $1.2 trillion in costs, with slip and falls making up 35% of all preventable injuries and leading to various recovery timelines, one year isn’t enough time for many personal injury victims.

Under recent changes to Louisiana personal injury laws, the prescription period has been extended to two years in many situations. This new timeline gives injured people more breathing room, but it’s still far from generous.

Why Timing Matters Under Louisiana Personal Injury Laws

In personal injury claims, timing can be decisive. Louisiana personal injury laws impose strict deadlines, and even with the new two-year prescription period, waiting too long to get legal help can seriously limit your legal options. These limitations could include:

• Medical documentation could be incomplete: Without legal guidance, you might not realize that your medical records must clearly link your injuries to the car accident, pedestrian accident, or other event that caused them.
• Defendants can become harder to locate: Businesses close, people move, and responsible parties disappear, making proper service of process more difficult.
• You risk losing negotiation leverage: If the other side knows you’re up against a deadline, they could stall settlement talks until it’s too late to file.

By taking timely action and enlisting the help of an experienced personal injury attorney early on, you can preserve critical evidence, strengthen your negotiating position, and ensure that your rights under Louisiana law are fully protected.

How Not Having a Lawyer Can Derail Your Case

Facing a personal injury claim without professional guidance can be tempting, but attempting to handle personal injury cases on your own can create hidden obstacles that jeopardize your ability to recover the compensation you deserve, which means you could:

• Miss the filing deadline because you miscalculated the prescription period
• Accept a low settlement offer without understanding the full value of your claim
• Fail to collect crucial evidence before it’s lost or destroyed
• Overlook damages, including future medical expenses, lost earning capacity, and emotional suffering
• Make legal mistakes that the insurance company can exploit to deny or reduce your claim

Insurance adjusters know how to manipulate unrepresented claimants, and though they might seem friendly at first, they’re working hard to make sure you get as little as possible for your claim. By working with an experienced personal injury attorney, you can make sure your case is handled correctly from the start, giving you a strong chance of securing the outcome you deserve while avoiding pitfalls that could permanently derail your claim.

Hire a Personal Injury Lawyer

One of the smartest moves you can make after an accident is to hire a personal injury lawyer as soon as possible. Navigating Louisiana personal injury laws is complicated, and the process of pursuing personal injury cases involves strict deadlines, detailed paperwork, and strategic negotiations with liability insurance companies. An experienced attorney not only understands the legal landscape but also ensures your claim is positioned for maximum recovery.

With professional legal representation:

• All filing deadlines are monitored and met.
• Evidence is preserved quickly and correctly.
• Expert witnesses, like accident reconstructionists and medical professionals, can be engaged early on.
• Your claim value is calculated accurately to include future damages.
• You avoid mistakes when dealing with insurance adjusters.

By hiring an experienced personal injury attorney, you gain an advocate who protects your rights, preserves critical evidence, and calculates the full value of your claim, including medical expenses, lost wages, and long-term damages. Hiring a lawyer is not just about representation; it’s about securing guidance, reducing stress, and giving yourself a better chance for a fair outcome in a complicated legal system.

FAQs

Can I Still File a Claim if My Injuries Seem Minor at First but Worsen Later?

Yes, you can still file a claim if your injuries seem minor at first but worsen later. That’s because injuries that appear minor immediately after an accident can develop into more serious or chronic conditions over time. Many people underestimate delayed symptoms, like internal injuries, soft tissue damage, or psychological effects.

What Happens if the At-Fault Party Leaves Louisiana Before I File a Claim?

If the responsible party moves or leaves the state, the legal process becomes more complicated, but your right to file a claim can still be preserved under certain rules. Louisiana law allows some flexibility when defendants can’t be located, but you and your attorney must show diligent efforts to serve notice.

Are There Special Rules for Filing Claims Against Government Entities for Personal Injuries?

Yes, there are special rules for filing claims against government entities for personal injuries. Claims against government entities, such as parishes, municipalities, or state agencies, have unique procedural requirements, including shorter filing deadlines and mandatory notices that must be sent before filing a claim. Failing to comply with these rules can stop you from filing a claim completely.

What if I Am Partly Responsible for My Own Injury?

If you’re partly responsible for your own injury, Louisiana’s comparative fault system takes over. This means you can be assigned a percentage of fault for your part in the accident. However, your recovery is then reduced proportionally based on your percentage of fault. Our team works to minimize the percentage of fault assigned to you in order to maximize your recovery.

Get the Help You Need Before It’s Too Late

The new two-year prescription period for filing personal injury claims is an improvement, but it’s still unforgiving. Missing the deadline or making legal mistakes along the way can cost you everything.

With Chris Villemarette, Trial Lawyer, we’re dedicated to helping clients navigate Louisiana personal injury laws while protecting their rights in even the toughest personal injury cases.

Contact us today to schedule a free consultation.