How Long Do You Have to File a Personal Injury Lawsuit in Louisiana?
How Long Do You Have to File a Personal Injury Lawsuit in Louisiana?
When you're injured in an accident, one of the most important legal deadlines to understand is the statute of limitations—the time you have to file a lawsuit. In Louisiana, the deadline is particularly short compared to other states. If you miss it, you may lose your chance to recover compensation. At Schmolke Law Firm, we help injured individuals in Baton Rouge understand and meet critical legal deadlines so they can focus on healing.
The One-Year Deadline in Louisiana
Louisiana law gives you only one year from the date of the injury to file a personal injury lawsuit. This applies to most types of personal injury cases,
including:
- Car accidents
- Slip and falls
- Dog bites
- Medical malpractice
- Defective products
- Workplace injuries (in certain circumstances)
This one-year window is strictly enforced. Filing even one day late can result in your case being dismissed.
Why This Deadline Matters
Failing to file your lawsuit within the one-year period means:
- You lose your legal right to pursue compensation.
- Insurance companies will have no incentive to settle.
- The court will likely throw out your case, regardless of the facts.
Because evidence can fade and witnesses can become unavailable, it's wise to consult an attorney as early as possible after an injury.
Are There Any Exceptions?
While rare, some exceptions may extend the deadline. These can include:
- Discovery rule: If the injury wasn’t immediately apparent, the clock may start when you discover it.
- Minor victims: The time limit may be paused (or “tolled”) until the child reaches the age of majority.
- Fraud or concealment: If the defendant actively hid their wrongdoing, the court may allow more time.
However, these exceptions are narrowly interpreted, and most injury claims must be filed within one year.
Don’t Wait—Schmolke Law Firm Is Here to Help
At Schmolke Law Firm, we understand the pressure injury victims face after an accident. We assist Baton Rouge residents with timely legal action, from investigating the case to filing within deadlines. If you’ve been hurt because of someone else’s negligence, acting quickly can make a significant difference in the outcome of your case.
