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Understanding the Statute of Limitations for Personal Injury Claims


Personal injury claims can be a complex and daunting process for those who have been injured due to the actions or inaction of someone else. In addition, dealing with the legalities of filing a claim can be overwhelming, especially when navigating the statute of limitations. Therefore, it is crucial to understand the time limits for filing a personal injury claim in Lafayette. Filing in a timely manner helps ensure that you receive the compensation you deserve. To help you with this, the experienced and compassionate personal injury lawyers at Spencer Calahan near Lafayette are here to help. 

What Is the Statute of Limitations for Personal Injury Claims in Lafayette, Louisiana?

The statute of limitations refers to the time limit when an injured person can file a lawsuit. In Louisiana, the statute of limitations for personal injury claims is one year from the date of the accident or injury. 

Article 3492 of the Louisiana Civil Code states that personal injury claims must be filed within one year from the date the injury occurred. This time limit applies to all personal injury claims, regardless of the cause of the injury. Failure to file within this time limit may result in losing your right to seek compensation.

This means you have one year from the date of the incident to file a lawsuit or settle your claim. If you file within the time limit, you may retain your right to compensation.

It’s important to note that the statute of limitations can vary depending on the circumstances of your case. 

If you discover an injury caused by medical malpractice more than one year after the incident, you may still have time to file a claim. However, the claim must be filed within three years from the date of the incident.

Exceptions to the Statute of Limitations

Specific exceptions to the statute of limitations in Louisiana may extend the time limit for filing a personal injury claim. For example, if the injured person is a minor, the statute of limitations may be suspended under certain circumstances. This is why it can be important to discuss the details of your case with an experienced attorney.

Another exception can occur when the injured party is mentally incapacitated or physically unable to file a claim. In this case, the time limit may be extended. Both of these exemptions are covered in section 3492 of the Louisiana Civil Code. 

Why Is It Essential to File a Claim Within the Statute of Limitations?

Filing a personal injury claim within the statute of limitations is crucial to ensure you remain eligible to receive compensation for your injuries. Generally, if you fail to file within the time limit of one year, you may lose your right to compensation. It’s important to remember that personal injury claims can take time to prepare. Waiting until the last minute to file a claim may hurt your chances of a successful outcome.

Additionally, filing within the statute of limitations can help you avoid financial strain. When you file a claim, you may be eligible to receive compensation for medical bills, lost wages, and other damages related to the accident. Waiting too long to file may cause you to miss potential compensation. 

Contact Spencer Calahan, Personal Injury Lawyers Near Lafayette

If you or a loved one have been injured in an accident, it’s crucial to seek legal representation as soon as possible. Spencer Calahan’s team of experienced personal injury lawyers near Lafayette is dedicated to helping clients receive the compensation they deserve. We understand the complexities of personal injury cases and work tirelessly to ensure you receive the best possible outcome. Contact us today for a free consultation at 225-387-2323 or message us online. Experience the difference of a personal injury law firm with over 125 years of combined legal experience.