Shreveport Injury Lawyer > Blog > Personal Injury > Change to Louisiana Personal Injury Statute of Limitations

Change to Louisiana Personal Injury Statute of Limitations

For decades in Louisiana, anyone who has been injured in a motor vehicle collision or any other kind of incident resulting from another party’s negligence has only had one year from the date of the injury to file a civil lawsuit seeking damages. This time window is known as the statute of limitations, and Louisiana was among a very small number of states that gave injured people such a short time period in which to file a claim. Most states have a two-year statute of limitations for personal injury lawsuits, while some even have a three-year personal injury statute of limitations. However, Louisiana’s statute of limitations law has recently changed, effectively giving injured plaintiffs more time to file suit.

This recent change in the statute of limitations law can easily cause confusion among injured plaintiffs about when exactly they should contact a lawyer and file suit. That’s why it’s so important to reach out to an experienced Shreveport personal injury lawyer at Rice & Kendig. We will listen to the details of your case and help you recover compensation for your damages within the correct time frame. Call 318-222-2772 to schedule a free consultation with our legal team today.

Details of the New Law and Expanded Statute of Limitations

An amendment to Louisiana’s statute of limitations law, known as Act No. 423, recently took effect on July 1, 2024. Act No. 423 amends Art. 3493.11 and states:

“Delictual actions are subject to a liberative prescription of two years. This prescription commences to run from the day injury or damage is sustained. It does not run against minors or interdicts in actions involving permanent disability and brought pursuant to the Louisiana Products Liability Act or state law governing product liability actions in effect at the time of the injury or damage.”

Legal language like the above can be complicated and difficult to understand, but these are the key things to know: the new statute of limitations for most personal injury actions is two years, and the “clock” will begin ticking on the date the plaintiff sustained the injury. The revised law does not apply to a range of product liability lawsuits, but generally applies to other types of personal injury cases.

The majority of personal injury cases for which the revised statute of limitations will apply are those brought under a theory of negligence, meaning that the plaintiff will need to prove that the defendant’s careless or reckless act or omission was the cause of the injury.

New Statute of Limitations Will Only Apply To Claims Going Forward

It’s important to note that the new statute of limitations law will only apply if an accident occurred on or after July 1, 2024. If your injury occurred before July 1, 2024, your case would still fall under the one-year statute of limitations based on the old law. These time stipulations can easily cause confusion to injured plaintiffs, which is why it’s crucial to speak with an experienced Shreveport personal injury attorney at Rice & Kendig.

Contact Our Shreveport Personal Injury Attorneys Today

If you have any questions about how the change to the statute of limitations is likely to impact your case, or if you want to find out more about filing a civil claim after sustaining an injury, it is important to seek legal advice. One of the experienced Shreveport personal injury lawyers at Rice & Kendig can provide you with more information, and we can discuss the specific details of your case with you today. Call us today at 318-222-2772 to schedule a free consultation and get started on your personal injury claim.

Source:

legis.la.gov/legis/ViewDocument.aspx?d=1381901

By Rice & Kendig, LLC | Posted on October 2, 2024

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