Know Your Deadlines: The Statute of Limitations in Personal Injury Cases
According to LSU’s Center for Analytics & Research in Transportation Safety, more than 140,000 car accidents take place in Louisiana each year. These auto crashes cause over 60,000 injuries. At least some of the Louisianans injured in these accidents hire a personal injury lawyer to file a lawsuit on their behalf.
Not everyone who attempts to file a personal injury lawsuit after a car accident in Louisiana is successful, though, since the Pelican State has one of the shortest statutes of limitations in the country. Under Louisiana’s personal injury laws, people have just one year to file claims in court before forfeiting the right to do so.
Fortunately, few other states impose the strict time limits that Louisianans face. However, each state has its own laws for those interested in filing a claim following a car accident or another type of accident.
Learn more about what the statute of limitations is in personal injury cases below.
What Is the Statute of Limitations in Personal Injury Cases?
The statute of limitations in personal injury cases is a law that puts a time limit in place governing how long people have to file lawsuits before losing the opportunity to do it. It typically starts right after an accident involving injuries occurs and lasts for anywhere from one year (Louisiana and Tennessee) to six years (Maine and North Dakota), depending on which state you live in. It is essential to file claims in accordance with state laws and support them with sound legal research into relevant legal precedents.
If you plan to take legal action after being injured in an accident, you’ll need to know what the time limit for filing personal injury cases is within your specific state. If you’re a resident of a state like Louisiana that offers a tight window to file personal injury claims, prepare to begin working with a personal injury attorney as soon as possible to avoid missing the deadline.
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What Are the Legal Consequences of Missing the Statute of Limitations in Personal Injury Cases?
One of the first things you should do after sustaining injuries in any type of accident is connect with a personal injury lawyer in your area to discuss your case. Many personal injury attorneys can set you up with free case evaluations. During an attorney consultation, you can find out more about the statute of limitations in personal injury cases in your state to ensure you don’t miss any important filing deadlines.
You will typically face legal consequences if you don’t file a personal injury claim in time. Generally speaking, a judge will dismiss any personal injury case you file once the time limit for it has run out.
These deadlines for filing personal injury claims are imposed for several key reasons, including:
- To provide plaintiffs with enough time to hire personal injury lawyers and gather evidence for cases
- To protect defendants from losing evidence that could help bolster their defenses in personal injury cases
- To preserve the accuracy of eyewitness testimonies utilized during personal injury cases
Are There Any Exceptions to the Statute of Limitations in Personal Injury Cases?
The time limits for filing personal injury cases are usually set in stone in many states. There are, however, a few exceptions to the state-imposed deadlines for personal injury lawsuits in each state.
For example, many states have a so-called discovery rule that applies to personal injury cases and the deadlines for filing them. This rule states that the statute of limitations for certain types of personal injury cases doesn’t begin until injuries are discovered as opposed to when they occur.
Injuries caused by alleged medical malpractice fall into this category. In some instances, people might undergo medical procedures and suffer injuries when medical professionals make errors. However, these injuries might not become apparent to those who sustain them until weeks, months, or even years later.
In these cases, the time limit for a personal injury case doesn’t start until people seek medical care and receive diagnoses for their injuries. This exception protects people who might otherwise miss the deadline to file personal injury lawsuits.
Here are a few other notable examples of exceptions to the deadlines for filing personal injury cases:
- Plaintiffs struggling to locate defendants may receive extensions for filing personal injury lawsuits.
- Plaintiffs who suffered from mental incapacity before accidents may receive extra time to file personal injury claims.
- Plaintiffs who are minors may have until they’re at least 18 to file personal injury cases.
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How Do I Find Out the Statute of Limitations for Personal Injury Cases in My State?
The tricky thing about the statute of limitations in personal injury cases is that it changes on a state-by-state basis, and there often isn’t any rhyme or reason as to why one state gives residents one year to file lawsuits while neighboring states give residents three or four years.
You’re welcome to research what the time limit for personal injury cases in your state is. This article about the time limits for filing a personal injury claim in different states is a great place to start.
However, a more effective way to figure out where your state stands when it comes to setting deadlines for personal injury cases is by speaking with a personal injury lawyer. They can provide the most accurate and nuanced overview of your state’s personal injury laws and the filing deadlines you will face.
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Search for a Personal Injury Lawyer To Steer Clear of Missing Your State’s Statute of Limitations
In the immediate aftermath of a car crash, a slip and fall, or another kind of accident, seeking medical attention and putting yourself on the path to recovery is important. But it’s just as important to begin exploring your legal options, so you don’t miss the statute of limitations for filing a personal injury case in your state.
Accident Hotline can help by providing you with instant access to our nationwide network of personal injury attorneys. Discover more about Accident Hotline and contact us to locate the right lawyer with the requisite experience to handle your case.
For a free consultation, call 844-343-9609
Blog Posts:
The Role of Expert Witnesses in Injury Litigation
Why Expert Witnesses Matter in Personal Injury Cases In personal injury litigation, facts alone are often not enough. While evidence like medical records, photographs, and witness statements paint part of the picture, juries and insurance companies frequently need context and explanation to understand the full scope of an injury and its impact. This is where expert witnesses play a pivotal role. Expert witnesses are professionals—often doctors, engineers, economists, or accident reconstruction specialists—who provide testimony based on their specialized knowledge. Their objective is not to advocate for one side but to clarify complex issues that require professional interpretation. In many cases, their opinions help bridge the gap between evidence and understanding, making them critical to achieving fair compensation.
How Insurance Companies Evaluate Injury Claims
How the Evaluation Process Really Works When you file a personal injury claim, the insurance company begins a process that is anything but simple. Behind every offer or denial, there's a calculated evaluation designed to protect their bottom line. Insurers use data-driven methods, past claim outcomes, and internal guidelines to assess how much—if anything—they believe your case is worth. The goal of the insurance adjuster is straightforward: to settle your claim for as little as possible while closing the file quickly. They'll review your medical records, accident details, and even statements you've made to determine liability and damages. The more organized and detailed your claim presentation, the harder it is for them to undervalue it.
The Dangers of Handling a Personal Injury Case Without Legal Help
Understanding What's at Stake After an accident, it's natural to want to resolve things quickly. Medical bills begin piling up, your work may be disrupted, and insurance adjusters often seem eager to "help." Many people believe they can handle their personal injury claim on their own—especially if the situation seems straightforward. But personal injury law is complex, and even minor missteps can lead to significant financial loss. Without professional guidance, you may underestimate your claim's value, miss critical deadlines, or make statements that insurers later use against you. The legal process is designed to protect both sides, and insurance companies have experienced professionals working to limit payouts. Without an equally skilled advocate on your side, you're at a clear disadvantage. That's why consulting a personal injury lawyer early in the process is often the difference between fair compensation and a costly mistake.
When Should You Switch to a Different Injury Lawyer?
Knowing When It's Time for a Change Choosing the right attorney after an accident is one of the most important decisions you'll make in your recovery journey. However, not every lawyer-client relationship is a perfect fit. Sometimes, despite your best efforts, you may realize that your current representation isn't meeting your expectations. Whether it's poor communication, lack of progress, or a sense that your case isn't being handled effectively, recognizing when to switch attorneys can make all the difference in the outcome of your claim. Switching to a new personal injury lawyer doesn't mean starting over from scratch—it means taking control of your case and ensuring it receives the attention and effort it deserves. Understanding what to expect from your legal representation can help you identify the warning signs that it might be time for a change.
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