How Long Do You Have To File A Personal Injury (Car Collision) Lawsuit In Louisiana?

When a car accident happens, you need to act quickly—especially if anyone is injured. The police must be called, information exchanged, and all medical attention sought for anyone who is injured.

Most people are pretty good at acting quickly after a car crash. But what they don’t always act quickly on is protecting their legal rights.

You Don’t Have Forever To File a Lawsuit.

A basic concept in law is that a person must act within a certain time period to protect his legal rights. In other words, the law mandates that if you are going to file a lawsuit, you do it within a certain time period. This time period is called a “statute of limitations.” How long you have depends on the type of case you have and certain other variables.

If you are involved in a car accident in Louisiana and it becomes necessary for you to file a lawsuit because the regular insurance claims process fails to deliver a satisfactory settlement offer or for other reasons, you must act within the time specified by Louisiana law.

Louisiana’s Car Accident Statute of Limitations.

Car accident cases in Louisiana come under the state’s personal injury statute of limitations (Louisiana Civil Code Art. 3492). This statute requires that you bring a lawsuit for any personal injuries or property damage you sustained in a car accident within 1 year of the date of the accident.

Anyone who was injured in the accident, whether a driver, passenger, pedestrian, etc. can file a claim. However, if you do not file your lawsuit before the statute of limitations expires (i.e., within 1 year of the date of the accident) you will be prohibited from ever filing that lawsuit.

When it comes to car accidents, it is important that you act promptly both at the scene and afterward.

Don’t Wait to Protect Your Rights.

If you or someone you know has been injured in an accident, call us. We are experienced personal injury and car accident attorneys. We fight hard to get our clients the compensation they deserve, and we offer FREE consultations. We have offices in Baton Rouge, and we serve Baker, Denham, Gonzales, Port Allen, Prairieville, New Orleans, and Zachary. So call 225-200-0000 ToDay to schedule your free consultation or contact us here.