The time limit within which a lawsuit must be brought is called a statute of limitation. In Louisiana, this is referred to as the prescriptive period. Although the time period varies from state to state and depends upon the nature of the case, in Louisiana the prescriptive period is generally one year from the date of the injury. There may also be specific notice requirements when dealing with certain governmental entities as potential defendants. If a lawsuit is not filed within the proper time limit that applies to the case, the right to sue and recover damages is forever lost.
There are a couple of exceptions to the time limits that would normally apply to an injury claim. Measuring the prescriptive period for a particular situation can be a complex issue. For instance, under the discovery rule, the time begins to run from when the person who was injured knew, or by the exercise of reasonable diligence should have known, that he or she was injured. However, the applicability of the discovery rule is limited in certain cases. For example, a medical malpractice claim cannot be brought more than 3 years after the date of the alleged malpractice, regardless of when the injury is discovered.
If you or a loved one is in need of legal assistance, call Broussard & Hart at 337-439-2450 or Toll Free at 866-281-4774 or submit an online questionnaire. The initial consultation is free of charge, and if we agree to handle your case, we will work on a contingency fee basis, which means we get paid for our services only if there is a monetary recovery of funds. In many cases, a lawsuit must be filed before an applicable expiration date, known as a statute of limitations. Please call right away to ensure that you do not waive your right to possible compensation.
- First Steps in Your Case
- Resolving Your Injury Case
- What is the Value of Your Case?
- How Long Will it Take to Resolve Your Case?
- General Instructions for Injury Clients
- Comparative and Contributory
- Statutes Of Limitations
Wrongful Death Attorney
Personal Injury Attorney