What if you are in a car accident? Under Louisiana law a person has only one year to make a claim or file a lawsuit for personal injuries. This limitation applies to any type of injury regardless of how it occurred; i.e., car accident, premises liability, slip and fall, or product liability. Once this time period passes, you have no right to make a claim, regardless of your injuries or damages.
In Louisiana this time period is called prescription. Most other states refer to it as statute of limitations. Louisiana is one of only three states that have a 1 year period. The other two are Tennessee and Kentucky. Every other state allows 2, 3, or more years to file such a lawsuit.
Regardless, if you are injured in an accident due to the fault of another person you should consult an attorney immediately. Most lawyers, such as those at Frischhertz, Poulliard, Frischhertz & Impastato offer free initial consultations. Additionally, these types of cases are usually handled on a contingency basis, meaning you do not pay your attorney unless you make a recovery.
An experienced attorney can help protect your rights and ensure that you recieve a just and fair recovery for your damages.
