·  Legal News, Analysis, & Commentary

Lawsuits & Litigation

How Long Does the Victim Have to File a Personal Injury Claim?

— August 22, 2022

In Louisiana, any individual who suffers an injury will have to ensure they follow the strictly regulated time limit on filing their claim.

Victims who suffer a personal injury will have many new expenses to take care of. Firstly, they will need to cover for their medical bills and treatments. Aside from paying for the improvement of their health, they will also have to find a way to cover for the wages they lost during the recovery process. Not many people are able to work while healing from serious injuries, and this means they lose out on essential monthly income. 

It is clearly unfair for individuals to have to deal with both the pain and the financial losses without any help, especially when the injury was caused by the negligence of another person. For this reason, all victims should make sure they learn more about their case and get educated on their rights through the help of an attorney. A personal injury lawyer will help them make the choices that are best for them and ensure they file a claim properly and on time.

Victims should act fast because if the claim is filed too late then serious legal complications can arise. Individuals may even lose their ability to win compensation if they exceed the designated statute of limitations. In Louisiana, any individual who suffers an injury will have to ensure they follow the strictly regulated time limit on filing their claim. This time limit is one year for personal injury lawsuits. This means that victims have one year from the day that the injury or damage is suffered.

Clock face; image by Age Barros, via
Clock face; image by Age Barros, via

If the deadline is missed, then the defendant gains a significant advantage. Victims can try and bring their claim to court but the defendant will simply state that the statute of limitations is exceeded, and the court will dismiss the case. There are rare exceptions, and to learn if a person fits into this category, they should connect with an attorney as soon as possible.

Rare Exceptions to the Statute of Limitations in Baton Rouge, LA

There are some rare exceptions to the statute of limitations for accident victims. The first is there is a different limit for minors. If a minor was injured in an accident, the clock will not start ticking until they turn 18 years old. Another exception is when individuals do not know the cause of their injury. In these cases, the clock will start ticking from the time of discovery and not from the date of the incident. This exception can occur in defective product cases.

Anyone who suffered in an accident should not have to deal with the aftermath and consequences on their own. Get in touch with a personal injury attorney at the Law Offices of Miller, Hampton & Hilgendorf today to get help filing a personal injury claim.

Join the conversation!