Statutes of Limitations
Prescription Periods – Louisiana’s Statutes Of Limitations
A statute of limitations bars a claim if it is not judicially pursued within a set period of time. In Louisiana, the statute of limitations is known as liberative prescription. Liberative prescription is defined as “mode of barring of actions as a result of inaction for a period of time”. Generally, Louisiana applies a two-year liberative prescriptive period to tort claims arising on or after July 1, 2024. La. C.C. art. 3493.1. For claims arising before that date, the former one-year period of art. 3492 applies. Some torts have a longer period.
Prescription may be renounced, interrupted, or suspended. The discovery rule also may apply such that prescription does not begin to run until the victim discovers that she sustained damages caused by a specific at-fault defendant.
Different deadlines apply to other kinds of claims. Workers’ compensation claims, maritime and Defense Base Act claims, life and property insurance claims, and medical malpractice claims are each governed by their own rules, and those periods can be shorter than the general tort period. Do not assume the two-year rule applies to your case. Which deadline governs depends on the type of claim and the date it arose — call Lavis Law Firm at 504-834-4000 and we will tell you which one applies to you.
Preemptive Periods – Louisiana’s Statues Of Repose
Statutes that bar a claim after the passage of a certain period of time following the wrongful conduct are called preemptive periods. These preemptive periods cannot be renounced, interrupted, or suspended. Some specific preemptive periods apply to claims against health care providers, accountants, insurance agents, contractors, and attorneys.
Other Important Legal Deadlines
There may be other important legal deadlines for certain types of cases. Some of these legal deadlines are even less than a year.
If you have a claim for personal injuries or you need help or have any questions about your personal injury case, call me at 866-558-9151 or submit your inquiry online. Please be advised that you may be facing important legal deadlines, so don’t delay.
Contact an Experienced New Orleans Injury Lawyer
Contact an experienced New Orleans car accident law firm near you. Charles Lavis has been handling car accident and personal injury lawsuits in the New Orleans area since 1995. Throughout his legal career, Charles has represented workers, consumers, homeowners, and business owners against insurance companies and corporations. He represents clients who have been injured due to the negligence of others.
Call Lavis Law Firm – Personal Injury and Accident Attorney today for a FREE consultation.
