In Louisiana, the statute of limitations is a critical rule determining how long you have to take legal action after an incident occurs. This time limit acts like a countdown clock for filing a lawsuit, and if you miss the deadline, you could lose your chance to seek justice forever. Understanding these time restrictions is essential for protecting your rights and ensuring you don't accidentally forfeit your ability to pursue a legal claim.
A Change in the Law: House Bill 315, Act 423
Louisiana recently updated its laws with House Bill 315, also known as Act 423, bringing a major change to personal injury claims. Effective July 1, 2024, the statute of limitations for most personal injury cases in Louisiana increased from one year to two years.
Statute of Limitations in Louisiana is Now Two Years for Personal Injury Claims
As of July 1, 2024, most personal injury cases in Louisiana are subject to a two-year statute of limitations, doubling the previous one-year prescriptive period. This change provides individuals more time to file a personal injury lawsuit, gather crucial evidence, and ensure they can seek compensation for their injuries.
What Does La. Civ. Code art. 3493.11 Say Now?
The updated law, as cited in La. Civ. Code art. 3493.11, states:
“Delictual actions are subject to a liberative prescription of two years. This prescription commences to run from the day injury or damage is sustained.”
In simple terms, this means if you are injured in a car accident, a slip and fall, or other events, you now have two years from the date of the injury-causing event to file your lawsuit.
This is a significant shift from the one-year statute of limitations previously required for personal injury claims, giving victims more time to handle extensive investigations, collect witness statements, and prepare their cases.
Exceptions to the Statute of Limitations in Louisiana
While the general rule is now two years, certain exceptions may extend the deadline for specific personal injury cases:
1. Minors
If the injured party is a minor, the prescriptive period may not begin until they turn 18. For example, a child injured in a premises liability incident could have additional time to file.
2. Individuals with Disabilities
Those who are physically or mentally incapacitated may also qualify for an extension. Louisiana courts often pause the statute of limitations to ensure these individuals can seek justice once they are able to do so.
3. Discovery Rule
Sometimes, injuries or damage are not immediately apparent. In such cases, the time limit to file may begin on the day the injury or damage is discovered, rather than the date it occurred. For example, in medical malpractice cases, injuries caused by a delayed diagnosis might not be evident until months or even years later.
Statute of Limitations in Louisiana for Damage to Immovable Property Is Now Two Years
Another critical update from House Bill 315, Act 423 involves claims related to immovable property, which also now have a two-year statute of limitations.
What Is Immovable Property?
Under Louisiana law, immovable property refers to assets like land, buildings, or anything permanently attached to the ground. Some of the examples include:
Your home or rental property
Commercial real estate
Land used for farming or business
This update, found in Section 3493.12, states:
“When damage is caused to immovable property, the prescription commences to run from the day the owner of the immovable property acquired, or should have acquired, knowledge of the damage.”
Essentially, property owners now have two years from the date they learn of the damage to file their lawsuit. This extension helps ensure property owners can preserve crucial evidence and pursue fair compensation.
Types of Cases and Their Statute of Limitations
As of July 1, 2024, the following personal injury claims are now subject to a two-year statute of limitations:
1. Car Accidents
Victims of car accidents have two years from the date of the accident to file a personal injury claim for medical bills, lost wages, or property damage.
2. Truck and 18-Wheeler Accidents
Truck and 18-Wheeler Accidents often involve extensive investigations due to the complexity of determining fault. The two-year timeframe provides more time to gather evidence, including driver logs and maintenance records.
3. Slip and Fall Accidents
Whether the slip and fall accident injury occurs in a store, workplace, or private property, victims now have two years to file under Louisiana’s updated laws.
4. Premises Liability Claims
Claims related to unsafe conditions on someone else’s property, such as broken stairs or insufficient lighting, are now subject to the extended timeframe.
5. Product Liability Actions
Injuries caused by defective products, governed by the Louisiana Products Liability Act, now have a two-year limit for filing claims.
Filing your personal injury lawsuit within the statute of limitations is critical. Louisiana law sets strict deadlines, and missing them can lead to the dismissal of your case, regardless of its merit. Timely legal action ensures you can:
Preserve crucial evidence like police reports and witness statements.
Protect your right to seek compensation for medical bills, lost wages, and other damages.
Hold responsible parties accountable.
Working with a personal injury attorney is the best way to ensure your lawsuit is filed on time and handled correctly under Louisiana law.
Consequences of Missing the Filing Deadline
Failing to file a personal injury claim within the statute of limitations has serious consequences:
Dismissal of Your Case: If you miss the filing deadline, the court will likely refuse to hear your case, and you lose the chance to recover damages.
Loss of Rights: Without a lawsuit, you cannot negotiate further with insurance companies or pursue compensation.
Time is of the essence when filing a personal injury lawsuit in Louisiana. Acting promptly and consulting a qualified attorney can help ensure your case meets the required deadlines.
Insurance Claims and the Statute of Limitations
It’s important to understand the difference between insurance claims and lawsuits:
Statute of Limitations Applies to Lawsuits: While you may be working on settling an insurance claim, the clock doesn’t stop on your right to file a lawsuit. The statute of limitations applies to the lawsuit, not the claim.
No Tolling or Suspension: Filing an insurance claim does not “pause” or extend the statute of limitations. If the claim remains unresolved as the deadline approaches, you must file a lawsuit to preserve your rights.
Timely Filing is Key: If you are nearing the statute of limitations date and your insurance claim is unresolved, you must file a lawsuit and ensure it is properly served.
Your Clock is Ticking: Knowledge is Your Best Defense in Louisiana Law
At Burnham Law Firm, we believe knowledge is power when it comes to understanding legal time limits. The statute of limitations might seem complicated, but it's really about fairness and giving people a reasonable window to address their legal concerns.
Remember, every second counts when it comes to seeking justice, and having the right information can make all the difference in your journey. Contact us today!
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