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Laws in Louisiana are in place to provide the injured compensation if a viable and provable act of negligence can be shown in motor vehicle accidents. Automobile collisions where a personal injury claim is sought fall under a 1-year statute of limitations, but there are exceptions.
Louisiana Statute of Limitations
Like most states, Louisiana has laws placing a time limit on when you can take legal action against wrongful conduct, such as a motor vehicle accident. Once the statute of limitations expires, the injured person loses the right to file a lawsuit seeking monetary damages or other relief unless a legal exception applies.
Because of Louisiana’s statute of limitations, LA attorneys advise filing suit within 1 year from the date of an accident. However, car crashes with an uninsured motorist (UM) may allow you to collect UM damages from your own insurance company within 2 years after accidents in an automobile.
Where Suits May Be Filed
You can file suit in your own parish when seeking UM damages against your own insurance company. Since you are the insured and more than likely obtained your insurance policy in this parish, it is allowable.
Louisiana Code of Civil Procedure permits personal injury suits related to car crashes to be filed in the parish where the automobile accident occurred and where the other driver lived at the time of the accident.
If the accident involved a commercial vehicle, a suit may be filed in the parish:
· where the accident occurred;
· where the driver of the vehicle lived at the time of the accident; or
· where the company had its principal place of business at the time of the accident.
Allowable Claims
A New Orleans injury claim or personal injury claim anywhere within the state of Louisiana may seek damages for injuries sustained as a direct result of an automobile accident and possibly collect on:
pain and suffering due to the injuries;
property damage;
loss of income or wages (both past and future); and
medical expenses.
Additionally, the spouse of an injured individual may be to file a consortium claim for emotional damages and loss of love and affection because of the injured individual‘s injuries.
LA attorneys may be able to assist injured parties to properly file a New Orleans injury claim, or one elsewhere within the state, involving accidents, automobile or car crashes and other negligent incidents.
Get Legal Help Now – Contact a LA Attorneys
As the victim of a personal injury accident in Louisiana, you have a lot of questions about your health and your financial future. Personal injury attorneys Timothy J. Young, Robert J. Young Jr. and Jason C. MacFetters understand your concerns and anxieties. Before you hire an attorney, order this free injury guide to learn about your rights in Louisiana. The Young Firm is located in New Orleans and serves clients throughout Louisiana, including Baton Rouge, Shreveport and beyond. Contact us today at 504-680-4100 or 1-866-660-7220.
Still have lots of questions? Auto accident cases can be more complicated than you think. Don't make a small mistake that can cost you lots of money on your claim. Call our Louisiana auto accident attorneys immediately to get fast answers. Simply dial (866) 660-7220 now.