In the interest of increasing efficiency within the legal system and ensuring no one has the threat of a lawsuit hanging indefinitely over their head, every state in the country has a statute of limitations for virtually every type of personal injury lawsuit, including those based on commercial truck crashes. Until recently, Louisiana had one of the shortest filing periods in the entire nation, although that law has been changed as of 2024.
That said, state courts strictly enforce the updated statute of limitations for Baton Rouge truck accident cases, and waiting even a day too long to formally start the legal process can quickly lead to your case being permanently thrown out of court for being time-barred. Here is what you need to know about how this element of a civil lawsuit works, as well as what a dedicated truck accident lawyer from Tomeny | Best can do to ensure it does not impede your recovery efforts.
Recent Changes to the Baton Rouge Statute of Limitations
Effective July 1, 2024, the filing deadline set by the statute of limitations for almost all truck accident lawsuits in Baton Rouge is two years from the date on which the accident first occurred. This means that from the moment a truck collides with a passenger car and causes physical harm to an occupant of that car, that injured person has two calendar years to conduct an investigation into the accident, gather enough evidence to show it is more likely than not that a specific other person is to blame for causing it, and formally file a complaint with the appropriate court.
It is worth mentioning that for cases based on wrecks that occurred prior to July 1, 2024, the older and now-repealed one-year statute of limitations may still apply. It should also be emphasized that in some circumstances, the effective filing deadline may fall before two years after the actual incident since there are sometimes unique notice requirements for claims that an attorney can go into more detail about as needed.
When Can the Deadline for Truck Crash Claims Be Tolled?
There are no exceptions to the statute of limitations for Baton Rouge truck wreck claims under normal circumstances, but there are certain scenarios where the start date for the two-year filing period can be pushed forward, or tolled. The most common of these scenarios involves what is known as the discovery rule, which essentially allows injured people to file suit two years after initially discovering they were hurt through someone else’s negligence if they had a good reason to not know that was the case right away.
If a minor child is injured due to the negligence of a truck driver or trucking company, or if someone is cognitively impaired by the accident and unable to represent themselves in court, the two-year filing period may be tolled until that person can legally file suit on their own behalf. For minors, this means the deadline would not begin until their 18th birthday. Similarly, for individuals with cognitive disabilities caused by the accident, tolling continues until they regain the ability to manage their legal affairs.
However, if a parent, guardian, or legal representative files a lawsuit on behalf of the injured person, the standard two-year deadline applies, starting from the date of the accident or when the injury was discovered.
A Baton Rouge Attorney Can Answer Questions About the Statute of Limitations for Truck Accident Cases
The idea behind the statute of limitations is a reasonable one, but in practice, this rule greatly increases the complexity of civil lawsuits for people dealing with serious injuries they were not to blame for. Fortunately, you have help available from seasoned legal counsel with understanding what deadlines apply to your specific claim and with getting through the legal process as quickly as possible.
A truck accident lawyer from Tomeny | Best can discuss the statute of limitations for Baton Rouge truck accident cases in more detail during a free initial consultation. Call today to schedule yours.
