Is There a Time Limit to File a Personal Injury Claim in Louisiana?
There is a time limit to file a personal injury claim. Louisiana has one of the shortest prescriptive periods (known as a statute of limitations in other states) in the country. In this video, attorney John Jefcoat explains how the prescriptive period works, and he discusses how if the state legislature would extend this time limit, the number of lawsuits filed would decrease.
In Louisiana especially, the filing of the lawsuit becomes a necessity because of our prescriptive period here, or what some other jurisdictions would call a statute of limitations. Louisiana is the shortest prescriptive period in the country. We only have one year to file a suit. So, generally suits in Louisiana are filed quicker, or more rapidly than in other states. For instance, Texas, the prescriptive period is two years. Mississippi’s three. The only other state with one year to file a claim is Tennessee. It seems to tend to drive the lawsuits at a higher rate, but it’s really just because of the prescriptive issues. Most claims that would settle in 15,16,17 months in other jurisdictions. Can’t in Louisiana because of the short amount of time to file a lawsuit. In my opinion, if the legislature would do the right thing in Louisiana and just extend the prescriptive period to two years, like there are in most states. The level of lawsuits in Louisiana would go down tremendously. If you would like to speak to us about a personal injury case, we can be reached several different ways. Our main phone number, which is (337)984-8020. We also have a nationwide 800 line. It can be reached (800)260-3839. For more information, go to GallowayJefcoat.com.