Louisiana Car Accident Statute of Limitations: Claim Filing Deadlines

After a car accident, you may be left in a haze of pain and confusion, uncertain of what steps to take or when to take them. Unfortunately, delays could lead to reduced compensation, and failing to act in time could leave you unable to access any financial relief at all.

Keep reading to learn more about the Louisiana car accident statute of limitations and when to take legal action with help from a New Orleans personal injury attorney.

Key Takeaways

• The Louisiana statute of limitations on motor vehicle accident lawsuits is usually two years.
• Insurance claims will be limited by specific insurance policy timelines, with additional deadlines for notifying your insurer about the accident.
• Car accident injury lawsuits are subject to the two-year time limit, with exceptions for wrongful death, cases involving minors, and delayed discovery.
• If you’ve been injured in a car accident and are unable to access fair compensation through an insurance claim, a New Orleans car accident lawyer can help you file a lawsuit.

The Louisiana Statute of Limitations on Car Accident Claims

In all states, there are time limits on legal actions known as statute of limitations or prescriptive periods. In Louisiana, car accident lawsuits are subject to the same time limits as most other personal injury cases. Under the Louisiana personal injury statute of limitations, most injury victims will have two years from the point of the accident to pursue compensation through a lawsuit.

This time limit was actually changed recently, with Louisiana’s revised statute coming into effect on July 1, 2024. For injuries that occurred before this date, the statute of limitations was just one year.

There are also some exceptions to the two-year time limit under what’s known as the discovery rule. You can learn more about discovery rule exceptions below.

How Long After an Accident Can You File an Injury Claim in Louisiana?

There are two ways to seek compensation for car accidents under Louisiana law: an insurance claim or a lawsuit. Both of these methods are subject to specific time limits and restrictions, with unique exceptions that can impact your legal process.

Time Limits on Insurance Claims

While lawsuits are subject to statewide laws, insurance claim deadlines are determined by specific insurance policies. Your claim deadline will depend on the details of your auto insurance policy, with timelines varying from provider to provider. Keep in mind that there will also be a strict deadline to inform your insurer of your accident, with some insurance companies requiring policyholders to provide notification of claims within 24 hours.

Time Limits on Filing a Lawsuit

In the vast majority of car accident cases, injury victims will have two years from the date when the accident occurred in which to take legal action. However, there are three important exceptions to remember:

• The Discovery Rule – If damage from your accident is not immediately apparent, the deadline for your lawsuit may be delayed until two years from the point of your discovery. However, this exception is rarely accepted in Louisiana car accident cases.
• Wrongful Death Cases – Under Louisiana law, wrongful death claims can be made up to one year after the victim’s death or up to two years from the date of the accident. The later deadline will be applied to your wrongful death lawsuit.
• Cases Involving Minors – For minor-aged victims, the statute of limitations on injury lawsuits may be pushed till their 20th birthday.

No matter what type of car accident personal injury claim you may be making, getting help from a capable Louisiana personal injury lawyer can make a big difference in the outcome of your case. Get in touch with our team for a free consultation to discuss your claim timeline.

When to File a Personal Injury Lawsuit for an Auto Accident

So, now you know when your window for filing most personal injury cases will close, but how can you tell when legal action is actually necessary, and when exactly should you take action within your prescriptive period?

Cases When Legal Action Is Necessary

In many car accident cases, you may be able to recover compensation through an insurance claim without help from a lawyer and without taking legal action. However, it’s important to understand cases that can make legal action more likely. For accident victims whose cases involved the following circumstances, we recommend getting help from a lawyer to determine if a lawsuit is needed:

• Your accident caused injuries.
• You’re dealing with costly medical bills and lost wages.
• The at-fault party is denying blame.
• You were partly at-fault for the accident.
• Your accident involved a commercial truck or vehicle.
• The insurance company denies or undervalues your claim.

Whether you need to apply Louisiana’s comparative negligence rule for partial fault cases or your accident led to a permanent disability, each of these complications can make it much more difficult to access a fair settlement. A skilled lawyer can help you navigate the legal process and file suit if needed.

When to Take Legal Action in the Months and Years After Your Accident

If you need to take legal action regarding a car accident in Louisiana, you should act immediately. You can start by getting in touch with a personal injury attorney who can tell you about next steps. Evidence can degrade quickly, and the slow process of taking legal action can eat up your two-year time limit. A lawyer can help preserve essential evidence and ensure legal action is taken within the statute of limitations deadline.

Take Legal Action With Assistance From a New Orleans Car Accident Lawyer

Within your prescriptive period, you will need to take a range of necessary steps to build a strong case for compensation. This can include gathering evidence such as witness statements and medical records and preparing an airtight defense of your legal rights to financial relief. If there’s even a possibility that you may need to file a car accident lawsuit, it’s a good idea to get legal guidance.

Here at Cardone Law Firm, we’re proud to offer free case reviews to give injured individuals a chance to learn about their rights to compensation and the process for making a claim. We can help you figure out the right path forward for your case, whether that means an insurance claim or a lawsuit.

You can file a claim for lost wages and current and future medical expenses with help from a lawyer. Reach out for your free legal advice.