All right, today we’re going to talk about the time that you have to file a lawsuit in Louisiana.
Now, we’re talking specifically about the injury lawsuit. There are different time limits that apply for personal injury actions like car accidents, slip and fall, things like that versus maybe a contract action where you might have a longer time for some sort of intentional tort.
But today we are talking about the time to file an injury lawsuit. And the time in Louisiana is one year, that is one year from the date of the accident. Now, if you have not filed your lawsuit within one year you are more than likely prevented from ever filing your lawsuit. And a lot of people get mistaken that, well, they say, “I’ve spoken to the insurance company.” Or, “We’ve gotten a letter from the insurance company.” Or, “We’ve spoken with a lawyer.” That, none of that means that you have actually filed a lawsuit.
Speaking with the insurance company does not interrupt that one year time that you have to bring your claim. Speaking with an attorney does not interrupt that one year time that you have to bring your claim.
If you have been injured in an accident, if you have been in a car accident, a premises liability accident, medical malpractice, some sort of a defective product, whatever type of accident it is you need to make sure that if you believe you have a claim and if you want to pursue that claim you file that claim within one year.
Now, what you should absolutely not do is wait until 364 days to go walk into a lawyer’s office. Your attorney needs time to investigate your claim, time to make sure that he or she is covering all of your causes of action, time to make sure that he or she knows who is actually the right party to be sued, where the case is supposed to be sued. Many good reasons not to wait until right before the end of the one year period before you go find an attorney.
So remember, if you have been injured in an accident you have one year from the date of the accident to file your lawsuit. And you should speak with an injury tourney as soon as possible so that he or she can begin investigating your claim to help you put forth your best lawsuit.
If you have been injured in an accident and you would like a free consultation, you can contact us at 225-963-9638. That’s 225-963-9638. Or you can visit us online at messerfirm.com to schedule your no cost consultation.