How long to file a personal injury claim in New Orleans?

| Jul 22, 2021 | Personal Injury |

When you are involved in a car accident, you need to act fast – especially if you have sustained an injury. You need to seek immediate medical attention even if your injuries do not appear serious. The police, too, need to visit the accident scene and write a report. While most people are pretty good at acting fast when an accident happens, they often overlook their legal rights and obligations.

You do not have forever to file a personal injury claim in Louisiana

The basic concept of law is that when you are involved in a car crash, you must act within a certain time frame to protect your legal rights. Thus, if you are going to file a claim, the law requires you to do so within a certain time frame. This is referred to as the statute of limitations.

Louisiana statute of limitations

The statute of limitations is the law that outlines the time frame in which you can file a civil or criminal suit against at-fault party. In Louisiana, the statute of limitation for a personal injury claim is one year. This means that you have 365 days from the day of the car accident to sue the at-fault party for compensation for your injury and property damage.

Missing the one-year time frame

Unfortunately, if you miss the one-year deadline to file your personal injury claim, the judge will most likely throw out your claim. No matter how valid or strong your case is you will not be eligible for compensation. That said, there are circumstances when the court may grant an extension for your personal injury claim suit. Here are some of these circumstances:

  • If the victim was mentally ill at the time of the accident
  • If the victim is a minor
  • If the victim lives out of state
  • If the victim is incarcerated within the year following the accident

Getting involved in an auto accident can be devastating. Filing a personal injury claim is your first step to justice and getting the compensation you deserve. Knowing the timeline for filing your personal injury claim in Louisiana is crucial to ensuring that you do not miss out on the compensation you deserve for your injury and property loss.