While it is important to give people injured through the negligence of others a chance to seek compensation, it is also important that prospective defendants do not have the threat of a lawsuit hanging over their heads indefinitely and that relevant evidence is still available when litigation begins. With both those things in mind, Louisiana sets deadlines for when personal injury victims must file suit after initially sustaining harm, and it does so through statutes of limitations.
The statute of limitations for Prairieville truck accident cases is generally the same one that applies to other types of personal injury claims, but there may be a few exceptional circumstances under which the applicable filing deadline may change. Whether you are dealing with one of those circumstances or just need help constructing a strong case within the standard time limit, the support of a truck accident lawyer from Tomeny | Best will almost certainly be essential to achieving the best possible outcome from your claim.
What Is the Standard Deadline for a Truck Accident Lawsuit?
In Louisiana, personal injury claims must be filed within two years of the incident that caused the injury. According to Louisiana Revised Statutes §3493.1, this two-year deadline starts from the date the injured person, or plaintiff, first had a legal right to sue—typically the date of the injury itself.
However, this two-year limit only applies to accidents that occurred on or after July 1, 2024. For injuries that happened before this date, the older law applies, which gave injured persons just one year to file a lawsuit. Understanding these timelines is critical for protecting your right to seek compensation after a truck accident in Prairieville.
Possible Extensions to the Statute of Limitations
There are no direct exceptions to the statute of limitations for filing a truck accident lawsuit in Prairieville, but there are certain circumstances where the filing deadline may be extended. This typically happens through a process called tolling, which delays the start of the filing period.
One example is the discovery rule. Under this rule, the two-year deadline begins on the date an injured person realizes their injury was caused by someone else’s negligence, rather than the date of the accident itself.
Additionally, minors injured in truck accidents usually have until their 20th birthday to file a lawsuit. The filing deadline is paused until they turn 18, at which point the two-year limit begins. However, if a parent or guardian files a lawsuit on behalf of the injured child, they must adhere to the standard two-year deadline, starting from the date of the crash or the discovery of the injury.
Learn More From a Prairieville Attorney About the Statute of Limitations for Truck Accident Cases
Of course, this is far from a comprehensive overview of how the statute of limitations, or “prescriptive period”, for Prairieville truck accident cases works in practice. There are various other scenarios where the effective deadline for a lawsuit may differ greatly from the deadline applicable to another broadly similar case, especially if the defendant trucking company engaged in widespread fraud or deception in an attempt to hide their negligent behavior.
No matter how long you have to file suit, support from knowledgeable legal counsel will be key to ensuring the statute of limitations does not unduly prohibit you from getting the restitution you need. Call today to discuss your options.
