If you were involved in a Louisiana car accident, you may be facing significant physical, financial, and emotional challenges. It’s natural to feel overwhelmed by everything going on. Unfortunately, Louisiana law makes it risky to wait to take legal action. If you don’t initiate the process of seeking compensation in a timely manner, it could make recovering damages in your personal injury case difficult or impossible. This is because Louisiana law requires you to file a lawsuit within just two years, per the statute of limitations.
At the Thibeaux Firm, our top priority is always our clients. We are a Lafayette, Louisiana-based personal injury law firm committed to high-quality representation, outstanding client support, and the pursuit of maximum compensation for accident victims. Attorney Omar Thibeaux can get to work on your case at no upfront cost to you. Attorney Thibeaux is known as “The 25% Attorney” because he charges a flat 25% fee if and when he recovers compensation for his clients. Our firm makes getting high-quality representation hassle-free and risk-free. Contact us today to get started with a free consultation.
What Is a Statute of Limitations?
A statute of limitations establishes a legal deadline for filing a lawsuit after an accident or injury occurs. The time limit depends on the type of claim (like those arising from car accidents), where the accident happened, and the circumstances surrounding it.
Once the deadline imposed by the statute of limitations has passed, the law typically bars you from taking legal action. That means no matter how strong your case might have been, the court won’t allow you to file an injury claim, and you won’t be able to recover damages for the injuries you sustained due to someone else’s negligence. This is why understanding the statute of limitations is so important for car accident victims – it could mean the difference between recovering the compensation you deserve and walking away empty-handed.
Purpose of the Statute of Limitations
The main reason for having a statute of limitations is to make sure legal cases are handled fairly and efficiently. If too much time passes after an accident, gathering reliable evidence becomes much more challenging. Over time, memories fade, and potential witnesses may no longer recall key details accurately. Physical evidence can also deteriorate or disappear, which can significantly affect the outcome of a car accident case.
Additionally, statutes of limitations provide certainty for both parties involved in a personal injury case. For the injured party, they offer a defined period in which to take action, ensuring their car accident claims are handled within a reasonable timeframe. For the at-fault party, it prevents perpetual legal uncertainty, waiting indefinitely to see if a personal injury lawsuit will be filed. This structure creates a balanced, fair approach to resolving legal disputes following motor vehicle accidents.
Louisiana’s Statute of Limitations
Following a 2024 update to Louisiana law, the statute of limitations now requires injured parties to file a lawsuit within two years of a car accident. Before, the deadline was just one year from the accident date. If you miss this deadline, your chance to seek compensation could vanish. The two-year deadline applies to personal injury cases, including those arising from motor vehicle accidents caused by someone else’s negligence.
While the new law gives injury victims more time than the one-year deadline previously in effect, accident victims should still recognize a sense of urgency around pursuing legal action. Cases require time to prepare, and once this two-year window closes, the court will likely dismiss your claim even if you have a strong case. This will leave you unable to recover compensation for medical expenses, lost wages, or pain and suffering.
What Happens if the Statute of Limitations Passes and I Haven’t Taken Legal Action?
If you let the statute of limitations expire without filing a personal injury claim, you may lose your right to pursue legal action. Even if it’s evident that someone else’s negligence caused your injuries, the court will likely dismiss your personal injury case without even hearing your side.
However, there may be exceptions that extend the deadline in certain circumstances. For example, the statute of limitations does not apply to minors. This means a minor injured in a car crash has until two years after they turn 18 to file a personal injury lawsuit.
What a Lawyer Does to Prepare Car Accident Cases
When preparing your car accident case, your personal injury attorney takes several steps to build a strong claim on your behalf. The process begins with a thorough investigation of the accident. Your lawyer gathers crucial evidence, such as:
- A copy of the police report
- Photographs of the accident scene and damage to the vehicles involved
- Witness statements
- Medical records
- Traffic camera footage
- Property damage assessments
In addition to collecting accident-related evidence, your Louisiana car accident attorney reviews the insurance coverage available, including liability coverage from the other driver and/or your uninsured motorist coverage if the at-fault driver is uninsured or a hit-and-run driver. Your attorney also communicates with insurers on your behalf. This ensures that any statements or documents submitted as part of your claim are carefully reviewed and accurate. Your car accident lawyer also handles all negotiations with the insurance company to seek a fair settlement.
As part of their investigation, your attorney may consult with experts, such as accident reconstruction specialists or healthcare providers, to strengthen your case. These experts can provide valuable insight into the cause of the accident, the extent of your injuries, and their likely impact on your daily life and well-being.
Throughout this entire process, your attorney must adhere to all legal deadlines, including the deadline for filing a lawsuit as set out in the statute of limitations. If settlement negotiations fail, they can prepare your case for trial, which includes filing the necessary legal documents, preparing legal arguments, and presenting evidence in court.
Don’t Delay – Contact Us Today for a Free Case Review
While the period following a car accident is often stressful, busy, and physically taxing, it’s essential to initiate the legal process as soon as possible. Louisiana’s statute of limitations starts the clock on the day of the accident. Waiting too long to gather evidence and build your case can jeopardize your right to seek the compensation you need and deserve.
The good news is that the burden of managing your car accident claim rests on your lawyer – not on you. By reaching out to an experienced attorney right away, you set the legal process in motion and can rest easy knowing a professional is handling the tasks associated with building your case. Contact Attorney Thibeaux and the team at The Thibeaux Firm today to secure the caring, respectful, and understanding legal representation you need after a Louisiana car crash. We look forward to discussing your situation and reviewing your legal options in a free case review.