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How Long Do You Have to File a Lawsuit in Louisiana?


After an accident, the victims of another party’s recklessness or negligence often suffer immensely. Depending on the type of injuries you’ve suffered, doing the little things you used to do every day can become difficult. Medical costs and a lost salary can make your financial situation even harder. You may be considering a lawsuit, but what happens if you don’t know how long you have to file in Louisiana?

The financial, emotional, and legal consequences of an accident can be severe. When someone else is responsible, you have the right to take action. But when should you file? If you knew that some people wait too long to file their claims, it could help you begin a plan of action. If you’re wondering how long you have to file a lawsuit in Louisiana, read on to find out.

Filing a Lawsuit in Louisiana: How Long Do You Have?

So perhaps you’re considering filing a lawsuit against the at-fault party from your accident in order to recover the damages you deserve. One of the most important considerations—and one that can have an outsized impact on your ability to recover successfully—is the amount of time that has passed since the date of your accident.

The statute of limitations in your state is the rule that, in effect, determines how long you get to file a claim for damages. In Louisiana, this limit is generally one year from the date of your accident. Compared to other states, this is a relatively restrictive limit. Failing to file your claim on time could bar you from receiving damages at all.

The statute of limitations will also be applied if you attempt to settle out of court instead of opting to go the route of a traditional lawsuit. In these cases, a lawyer for the at-fault party can ask a judge to dismiss your claim on the grounds that the time limit has passed.

Possible Extensions to the Time Limit in Louisiana

In rare cases, the statute of limitations for filing a civil claim may be extended. This process, called “tolling,” could apply in circumstances in which you were not made aware of your injuries or damages related to the accident until a later date, among other reasons. In this case, the statutory clock may start on the date of discovery.

Contact a Personal Injury Lawyer in Baton Rouge

When you’ve been in an accident that you feel was caused by the negligence of someone else, it’s never too early to file a claim. Sadly, for some victims, the statute of limitations can expire, making it too late. At Spencer Calahan Injury Lawyers, we can work with you to make sure your claim receives the attention it deserves and is filed on time.

When the clock is ticking, don’t wait to get started. We offer free consultations to help you take the first step toward recovery. Call 225-387-2323 or fill out the form below to contact a Baton Rouge personal injury lawyer from Spencer Calahan Injury Lawyers.