Dealing with a car accident aftermath can be terrifying, but things can be just as difficult trying to recover from insurers and negligent parties.
If you’ve suffered vehicle damage or injuries, expect resistance from insurance companies and at-fault drivers.
However, acting swiftly following the accident is crucial. The clock is ticking on your ability to file a lawsuit against another driver in Louisiana.
That’s where our Baton Rouge team at Pierce & Shows comes in. We have decades of experience in personal injury cases throughout Louisiana, and we can help you fight for your compensation and recovery if you’ve been injured in a car accident. Contact our team today to see if we’re a good fit.
Understanding Statute of Limitations in Louisiana
“Statute of limitations” is a legal term that refers to the law setting a maximum time limit within which parties involved in a dispute can initiate legal proceedings. In these situations, the date of the alleged offense is vital.
In the scope of Louisiana car accident or motorcycle wreck lawsuits, the statute of limitations is the time allowed to file a lawsuit against other parties after an auto accident.
As per Article 3492 of the Louisiana Civil Code, the statute of limitations for these cases was one year from the accident date for a very long time.
However, Louisiana House Bill 315 (HB 315) and Act 423 of the 2024 legislative session extended the prescriptive period for tort and personal injury claims in Louisiana from one year to two years.
The new law applies to claims that arise on or after July 1, 2024, and does not apply to products liability claims, which are still subject to the one-year rule.
The time frame begins on the day the injury or damage occurs, but does not apply to minors or interdicts in cases involving permanent disability.
This may initially sound like a lot of time, but it passes quickly when dealing with healthcare treatments, insurance negotiations, and various investigations. Hiring a car accident lawyer soon after the accident ensures we gather relevant evidence and can file before the deadline.
Important: Never sign paperwork an insurance company provides without your lawyer reviewing it first. The insurance company may attempt to manipulate you into taking a settlement in exchange for giving up your right to sue.
Don’t inadvertently sign away your rights before your car accident attorney thoroughly examines and explains the settlement agreement.
What to Do When a Louisiana Car Accident Becomes a Wrongful Death Suit
Unfortunately, the law doesn’t grant much flexibility, even in fatal car crashes.
Lawsuits involving wrongful death generally have a one-year statute of limitations.
However, this statute of limitations starts on the date of death, not the date of the accident.
So, for example, if a passenger sustains injuries from an accident and passes away one month later, the one-year window to file a wrongful death lawsuit begins on the date of their passing. This timeframe underscores the critical need to promptly seek legal counsel to prevent the expiration of your right to file a claim.
What Factors Impact Your Wrongful Death Case Timeline?
The length of your wrongful death lawsuit can vary significantly. Here are the primary factors that affect how quickly or slowly your case progresses:
- Discovery: Each side’s auto accident and personal injury attorneys gather evidence through a process called discovery. The more complex the case, the longer discovery may take.
- Settling Out of Court: Settling with the other party often shortens the legal process considerably compared to going to trial.
- Court’s Caseload: Busy courts will naturally encounter delays. The jurisdiction where you file plays a role in your case’s timeline.
Settling vs. Going to Trial
Settling out of court might seem appealing to speed things up. However, ensure you fully understand the settlement offer and your case’s potential value before accepting. Your car accident attorney in Louisiana is your best guide on whether a settlement is fair and in your best interests.
Insurance Claims vs. the Statute of Limitations in Louisiana
It can be confusing to distinguish the difference between legal proceedings like lawsuits and administrative procedures like insurance claims.
To make it simpler for you, here’s the key difference:
- Lawsuits: Governed by statutes of limitation.
- Insurance Claims: Not bound by the same restrictions.
However, you may want to file a lawsuit if an insurer denies a claim. You must act quickly to maximize your chances of successfully navigating this process.
If you believe an insurance company is stalling on your claim, your Louisiana car accident attorney can explain the terms of your claim to you and may be able to legally compel them to move the case more quickly.
Pierce & Shows is Here to Help with Your Louisiana Car Accident Case
Feeling lost and overwhelmed after an auto accident in Louisana is normal. Don’t worry; at Pierce & Shows, we are ready to support you in all your legal proceedings.
Our decades of experience will support you with the right legal actions to take to fight for the compensation you deserve.
Contact our Baton Rouge office at 225-388-9574 for a free, no-pressure consultation!
