How long does the victim have to file a personal injury claim?

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In Louisiana, anyone who suffers an injury will need to make sure they meet the strictly regulated time limit for filing their claim.


Victims who suffer bodily injury will have many new expenses to bear. First, they will have to cover their medical expenses and treatments. In addition to paying for the improvement in their health, they will also have to find a way to cover the salary they lost during the recovery process. Few people are able to work while recovering from serious injuries, which means they lose essential monthly income.

It is clearly unfair that people have to deal with both pain and financial loss without any help, especially when the injury was caused by another person’s negligence. For this reason, all victims should ensure that they learn more about their case and are informed of their rights through the assistance of an attorney. A personal injury lawyer will help them make the choices that are best for them and ensure that they file a claim correctly and on time.

Victims must act quickly because if the application is filed too late, serious legal complications can arise. Individuals may even lose their ability to earn compensation if they exceed the designated statute of limitations. In Louisiana, anyone who suffers an injury will need to make sure they meet the strictly regulated time limit for filing their claim. This period is one year for suits for bodily injury. This means that victims have one year from the day the injury or damage is suffered.

Clock face; image by Age Barros, via Unsplash.com.

If the deadline is missed, the defendant gains a significant advantage. Victims can try to file a lawsuit in court, but the defendant will simply declare that the statute of limitations has passed and the court will dismiss the case. There are rare exceptions, and to find out if someone falls into this category, they should contact a lawyer as soon as possible.

Rare Exceptions to Prescription Status in Baton Rouge, LA

There are a few rare exceptions to the statute of limitations for accident victims. The first is that there is a different limit for minors. If a minor has been injured in an accident, the countdown will only start at the age of 18. Another exception is when individuals do not know the cause of their injury. In these cases, the countdown will start from the moment of discovery and not from the date of the incident. This exception may occur in cases of defective products.

Anyone who has suffered an accident should not have to deal with the after-effects and consequences alone. Contact a personal injury attorney at the law firms of Miller, Hampton & Hilgendorf today for assistance in filing a personal injury claim.

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