03 Apr Automobile Accident Lawsuits: How long after an accident can I file a Claim?
Automobile Accident Lawsuits: How long after an accident can I file a Claim?
The prescriptive period varies based upon the state in which the accident occurred. The statute applicable to automobile accidents in Louisiana is Civil Code Article 3492, Civil Code Article 3492 states: “Delictual actions are subject to a liberative prescription of one year. The prescription period starts to run the day the injury or damage occurs.” The “date of injury” for most, if not every, automobile accident case is the date of the accident itself. In other words, Louisiana state law sets a deadline of one year from the date of the accident to file a personal injury lawsuit against the responsible party. Also, this same one-year deadline applies to property damage claims resulting from the automobile accident.
Louisiana law takes a similar approach if someone died in an automobile accident. The victim’s family or representative may attempt to pursue a wrongful death lawsuit within one year from the date of death, as per the Louisiana Code of Civil Procedure Article 2315.2.
In either situation, if you file a lawsuit after the one-year deadline has passed, the court will almost certainly dismiss the case against the responsible.
However, if you or any family member carries uninsured/under-insured motorist (“UM”) coverage, the prescriptive period to file a claim against a UM policy is two years, per LA Rev Stat § 9:5629. However, recovery under this type of coverage is policy-specific and extremely dependent on the facts of the case. If more than one year has passed since the date of accident and you believe that you are covered by either your own or a resident relative’s UM policy, you should contact us to into whether you are able to pursue a claim or not.
If you are involved in an automobile accident and are injured as a result of the accident, consult Chris Roy as soon as possible. Chris Roy will be able to advise you on how to pursue medical treatment, protect the viability of your case, and ensure that you do not miss any of the prescriptive laws.
If you or a family member has been injured in an auto accident, contact Chris Roy today. You can fill out our free case consultation, Live Chat with us, or call us at (318) 233-1196. Our phones are answered 24 hours a day and we are ready to help you.