Law Offices of Gregory P. DiLeo, APLC

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How long does one have to seek legal recourse after an accident?

No one in Louisiana ever anticipates getting into a car wreck, but, unfortunately, such incidents happen every day. Even seemingly minor car accidents can result in injuries, and these injuries, at times, can cause debilitating health issues that require significant hospital stays and rehabilitation. As medical expenses increase, those injured in a car accident may consider pursuing legal action against the individual responsible for causing the crash. However, many people may not realize that there is a limited amount of time to file a lawsuit based on a car accident in order to seek damages.

This time-limit is known as the "statute of limitations," and the length can vary by state and by the type of claim. In Louisiana, the statute of limitations for personal injury and most other lawsuits is one year. Generally speaking, after the statute of limitations has passed, the harmed individual can no longer pursue legal action.

One important note to consider is that the statute of limitations for injuries that are suffered by a minor may be treated differently. In many cases, the clock does not begin ticking until the minor reaches 18 years of age. In addition to the age of a claimant, there are other factors, such as the “discovery of harm” rule, that could also affect the set time limit.

It can be imperative for those in Louisiana who are considering filing a personal injury lawsuit to understand the most recent state-specific statutes of limitations. These frequently change, and it may be in a person’s best interests to discuss the accident details with an experienced personal injury attorney. An attorney practicing in this area of law will be in the best position to know the latest state information that could be key to building the strongest possible case.

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