Article source: Santana & Blanchard Injury Attorneys
In Louisiana, there is a one-year statute of limitations for filing personal injury and other civil cases. If you fail to meet the deadline, you will never have the opportunity to collect compensation again.
This is why it is so important to understand how the statute of limitations works in your case. There are, however, special situations like when a minor is involved or fraudulent concealment that can pause the clock or start it at a different time.
These exceptions give victims more time to file a claim.
Louisiana’s Standard One-Year Filing Rule
The state of Louisiana has a one-year filing requirement for personal injury claims. This is shorter than the average of two years that most states allow. The statute of limitations is intended to encourage filing and the preservation of reliable evidence.
Because of Louisiana’s one-year filing requirement, waiting too long will result in the claim being dismissed. Rarely will an exception be made unless a recognized legal principle is involved.
The Discovery Rule
In some instances, the injury may not be apparent at first. In such situations, the discovery rule may extend the filing deadline. The deadline will not begin until the injured party knew or should have known about the injury.
The discovery rule is usually applicable in medical malpractice and toxic exposure suits. For example, a patient may receive treatment, but the symptoms may not be apparent until months later. In such a situation, the filing deadline may begin when the injury is discovered, not when the act occurred.
Cases Involving Minors
If the plaintiff is a minor, the filing deadline may be suspended under Louisiana law. Usually, the prescriptive period will not commence until the minor reaches the age of 18 years in certain types of cases.
This exception does not apply automatically in all cases. Specific statutory provisions apply to cases such as medical malpractice, which determine whether a suspension applies.
Mental Incapacity or Legal Disability
If an individual is legally incapacitated at the time of the injury, the filing deadline may be paused. Under Louisiana law, an individual who lacks the capacity to manage their legal affairs should not be barred from filing a claim due to that incapacity.
The filing deadline will normally commence after the disability is removed. Medical evidence is used to establish this exception.
Defendant Leaves the State
When the responsible party moves out of Louisiana following the accident, the deadline may be tolled during their absence. This is because the defendant should not be able to escape lawsuits by moving out of state.
Under Louisiana law, courts may consider the time when the defendant cannot be served in Louisiana. This exception, however, applies only under specific case facts.
Fraudulent Concealment
If the defendant is actively concealing their wrongdoing, the statute of limitations may be tolled. This is because the courts recognize that it would be unreasonable to hold a defendant responsible for meeting a deadline if they had been deliberately kept from knowing the information that would allow them to do so.
This is a very similar concept to the discovery rule, but it takes it a step further. The plaintiff must demonstrate that the defendant’s conduct made it impossible for them to discover the injury in a timely manner.
Why Filing Deadlines Matter
Statutes of limitations benefit both the plaintiff and the defendant. They ensure that the case is filed while evidence is still available. Courts are very strict about deadlines to ensure a fair and efficient legal process.
Since the one-year statute of limitations in Louisiana is one of the shortest in the country, it is essential to look for exceptions early on.
Key Takeaways
- There is a one-year statute of limitations for most personal injury lawsuits in Louisiana.
- The discovery rule can temporarily halt the clock.
- Filing deadlines can be delayed for minors in certain situations.
- Legal incapacity can temporarily halt the clock until capacity is restored.
- A defendant’s absence from Louisiana can toll the statute of limitations.
- Fraudulent concealment can temporarily halt the clock.
Missing the deadline for filing a personal injury lawsuit can mean the loss of your right to compensation, even if you have a valid claim.
