John W. Redmann | February 4, 2025 | Personal Injury
When you’re harmed in a car accident or other incident, you might have the right to sue for financial compensation. However, the law gives you only a certain amount of time to do so. This legal deadline is called the statute of limitations.
In Louisiana, that deadline used to be one year for many personal injury cases. Now, due to a recent change in the law, you generally have two years to file suit. However, if your injury happened before July 1, 2024, your case will still likely have the old, one-year time limit.
Below, we’ll discuss how statutes of limitations work, why they matter, and how this updated two-year window can affect your claim.
What Is a Statute of Limitations?
A statute of limitations sets the clock on how long you have to file a lawsuit after being hurt. If you miss the deadline, you usually lose the right to sue. Lawmakers create these deadlines for a few reasons:
- Fairness: If too much time passes, collecting evidence or finding witnesses can be difficult.
- Efficiency: The courts want people to resolve legal claims while facts remain fresh.
- Certainty: Nobody should live under the threat of a potential lawsuit forever.
Each state has different limitation periods for various legal matters. In Louisiana, the statute of limitations for personal injury lawsuits was among the shortest in the nation — just one year — until recently.
The New Two-Year Deadline in Louisiana
Louisiana has now extended the time for many personal injury lawsuits to two years. This is a significant shift that can give injury victims more room to:
- Heal from their injuries before deciding on legal action
- Gather necessary documents, photos, and witness statements
- Consult medical experts or other professionals if the case is complex
Even with the new two-year window, waiting too long can still harm your case. Memories fade, accident scenes get cleaned up, and essential evidence might disappear. Contacting an attorney soon after your accident can help ensure you don’t miss out on the damages you might be entitled to.
Possible Exceptions
Although the standard statute of limitations for personal injury lawsuits is now two years, some scenarios come with different rules.
For example, lawsuits against a state agency may require special forms or notices to be filed much sooner. Additionally, if a child is injured, the clock may start ticking at a later date. Because these exceptions can be complicated, it’s often wise to seek legal advice so you can confirm how the law applies to your unique situation.
What Happens if You Miss the Deadline?
If you try to file a lawsuit after the two-year limit has passed, the court will likely dismiss your case. This means you lose the chance to recover compensation for:
- Medical bills
- Lost wages
- Pain and suffering
- Other related losses
That’s why keeping track of deadlines is so important. If the statute of limitations expires, even a strong case might never be heard in court.
Tips To Protect Your Rights
You can strengthen your claim by taking proactive steps soon after an accident, such as:
- Call the police or proper authorities if necessary.
- Gather any contact information from eyewitnesses.
- Take photos of injuries, property damage, and the accident scene.
- Seek prompt medical attention, even if injuries seem minor.
- Keep all relevant receipts and documents.
When you’ve done these things, consider talking to a personal injury attorney. A lawyer can clarify your legal options, calculate the potential value of your case, and help make sure you file before the deadline.
Contact the Metairie Personal Injury Lawyers of The Law Office of John W. Redmann, LLC for Help Today
If you were injured in an accident in Metairie or Gretna, Louisiana, and need legal help, contact our personal injury attorneys at The Law Office of John W. Redmann, LLC, to schedule a free case review today.
We serve Jefferson Parish County and Louisiana’s surrounding Areas
The Law Office of John W. Redmann, LLC – Metairie, LA Office
2901 N Causeway Blvd, STE 202
Metairie, LA, 70002
(504) 500-5000
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