If you have been injured due to someone else’s negligence, you may be entitled to file a personal injury claim against them to recover damages. Within your claim or lawsuit, you can recover your medical expenses, lost income, and other damages.
However, you only have a certain amount of time to file your claim. This is known as the statute of limitations, and it is an important law. The law was also changed last year, and not everyone in the state is aware of those changes. Below, our Baton Rouge personal injury lawyer explains further.
What is the New Statute of Limitations?
Again, the statute of limitations is a time limit applied to all personal injury cases. Previously, the statute of limitations only gave accident victims one year to file their claim or lawsuit. This was one of the shortest statutes of limitations in the country. As of July 1, 2024, though, the statute of limitations has been extended to two years for all personal injury claims. This means you have two years from the date of your injury to file your claim.
The new statute of limitations date is crucial for accident victims. If you were hurt before July 1, 2024, the older statute of limitations still applies in your case. If you were hurt on June 30, 2024, for example, you only have until June 30 of this year to file a claim.
File Your Claim as Early as Possible
If you have been hurt in a car crash, a slip and fall, or another type of accident, it is critical that you speak to an attorney right away. Even with the new statute of limitations, you still only have a certain amount of time to file your claim. If the statute of limitations expires and you have not yet filed your claim, you will lose your legal right to claim any damages at all.
Two years may sound like a long time, but it is not. Before filing your claim, you must conduct a full investigation into the case, collect evidence, and prepare arguments that prove your claim. All of this takes time, and therefore, it is crucial that you consult with a lawyer immediately. A lawyer can handle all of these tasks on your behalf so you do not forfeit your damages.
Exceptions to the Statute of Limitations
Although the statute of limitations law is clear and strict, there are exceptions to it. These include:
- Accidents involving minor children: Minor children are not legally considered to have the mental capacity to file an insurance claim or a lawsuit. As such, parents and guardians can file a claim on a minor’s behalf after an accident. If the parent or guardian does not file a claim on the minor’s behalf, the child can file a claim after their 18th birthday, when they are legally considered an adult. In these cases, people who were minors when they were involved in an accident have until their 20th birthday to file a claim.
- The discovery rule: The discovery rule stipulates that if you were involved in an accident but you did not discover your injuries right away, the statute of limitations on your case can be tolled, or delayed. The clock on the statute of limitations in these cases does not begin until the date you discovered, or should have discovered, your injuries.
- Claims against government entities: If the liable party who caused your injuries is a government entity, this will impact the time in which you have to file a claim. Personal injury claims against the government have shorter deadlines as well as special notice requirements.
- Defendant leaves the state: If the liable party has left the state, either to avoid a personal injury lawsuit or for other reasons, this will impact the statute of limitations in your case. The statute of limitations will be delayed until the negligent party has returned to the state or until they can be located.
Call Our Personal Injury Lawyer in Baton Rouge Today
If you have been hurt and someone else is to blame, it is critical that you do not wait to contact our Baton Rouge personal injury lawyer at Big River Trial Attorneys. Our experienced attorney can investigate the claim and collect the evidence that supports your case so you obtain the full and fair damages you are entitled to. Call us now at (225) 963-9638 or fill out our online form to schedule a free consultation with our experienced attorney and to get the legal help you need.
