Lake Charles Personal Injury Lawyer Discusses Statute of Limitations
The unfortunate truth is that accidents of all kinds happen every day. But when an accident is caused by the negligent actions of another person, victims have a right to recover compensation for the damages that occur.
If you suffer a serious injury after any type of accident, you need to be aware that you only have a limited amount of time to file a claim for your damages. Do not delay. Reach out to a skilled Lake Charles personal injury lawyer as soon after your accident as you are able. Failure to do so can seriously compromise your case.
Statute of limitations for personal injury matters in Louisiana
What you do after suffering a personal injury can affect not only the amount you collect, but also whether or not you ultimately collect any compensation at all for your injuries. In Louisiana, most personal injury claims, such as those for car accidents, have a one-year statute of limitations . This means that you have one year from the date of your accident to file your claim. For injuries arising out of medical malpractice, the statute of limitations is different. In such cases, you have one year from the date you discover or should have discovered that your injuries were caused by medical malpractice.
Depending on your injuries, and their cause, there may be other exceptions to the general one-year rule for the filing of claims. A skilled personal injury attorney can examine the facts of your situation and advise you which rules may apply to your particular injury case.
Tolling the statute of limitations
When the statute of limitations has run, there may be ways to extend it. This is called tolling (stopping) the statute of limitations. Some examples of when the statute of limitation can be tolled include cases involving minors, service men or women on active duty, the mentally incompetent, and persons in jail or hospitalized in a coma. Bankruptcy can also toll the statute of limitations.
Even if a statute of limitations appears to have run out, there may be an exception to the rule, or it may be possible to bring a different claim. An experienced attorney can assist you in making the determination of the advisability of bringing a claim for your injuries.
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