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 has a one-year prescriptive period for tort claims. However, some torts have a longer time 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.
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.
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