The Law Office of Robert B. Dunlap
How Long Do I Have to File a Personal Injury Claim in Louisiana?
If you sustained injuries due to another party’s negligence, it is important to understand that you have a limited timeframe within which you are able to file a personal injury claim. This timeframe is known as a statute of limitations and, if you wait too long and miss the deadline, you will forever forfeit your right to bring your personal injury claim to court, losing your chance at compensation.
Louisiana’s Statute of Limitations
In the state of Louisiana, you have one year from the date of your injury to file a personal injury claim. However, this does not include injury claims that are brought under the Jones Act or the general maritime law, which allows plaintiffs a 3-year time period.
Why Do Statutes of Limitations Exist?
Time limits on personal injury claims exist to ensure people pursue their claims quickly while all pertinent documents, information, and witnesses are available and most accurate. Memories tend to get hazy over time, which is why the law does not provide an indefinite timeframe for such claims.
Can the Statute of limitations be Extended?
There are some situations in which the standard statute of limitations does not apply. For example, if you sustained an injury that you could not have been aware of when it occurred, the statute of limitations would begin on the date you were aware or should have been aware of your injury. This is known as the “discovery rule.” Additionally, the “continuing tort” doctrine also allows plaintiffs to extend their time for filing a lawsuit if there is a repeated pattern of abuse.
If you believe you sustained an injury and are interested in pursuing a claim, it is critical to seek the assistance of a personal injury attorney as soon as possible to ensure you do not miss the deadline.
Shreveport Personal Injury Attorney
At the Law Office of Robert B. Dunlap, we hold individuals, property owners, corporations, manufacturers, and all other entities responsible for the harm they cause. If you were injured due to another party’s negligent or careless actions, you have a right to pursue fair and just compensation and we are prepared to help you fight for it. Robert B. Dunlap has served as a fierce legal advocate for the people of Louisiana for over 30 years and continues to strive to achieve the aim of his client’s goals.