Baton Rouge, LA – Many accident victims are obviously concerned with their health and safety after a collision. Unfortunately, the laws in most states do not give these people much time to think about taking legal action as well. A statute of limitations will function as an absolute bar to taking legal action after a collision if too much time has passed. For these reasons, it is important for anyone who was involved in a car crash to think about getting legal representation within a short period of time.
Statute of limitations
Each state has different laws regarding how long a person or the government has to file various kinds of lawsuits, including criminal charges. These are called statutes of limitations. Depending on the type of case at issue, time limits are generally between one and seven years from the date the facts giving rise to the lawsuit occurred.
Louisiana has a specific statute of limitations for civil accident cases. For most motor vehicle accidents the time limit is only one year from the day of the collision. If there is a fatal accident that requires a wrongful death lawsuit, this time limit is still only one year in Louisiana. Some lawsuits against insurance providers for damages will have a two year time limit. For this reason, it is imperative that the victim gets legal help as soon as possible.
What will the injury attorney do if the victim wants to file the case within the time limit?
Once the client and attorney agree on representation, they need to either file the initial pleading or get some kind of settlement agreement shortly afterward. The pleading or complaint contains information about when the accident happened, the identity of the plaintiff and defendant, the facts and legal argument that support the cause of action, and the amount of damages or losses that the victim is asking for as a form or relief. The lawyer also needs to make sure the court filing happens in the proper venue. In Louisiana, this is usually the parish court where the accident happened or the defendant lives.
Once this filing is made properly within the time limit, the case can proceed without having to worry about the statute of limitations anymore, as the filing essentially stops the statute from dismissing a lawsuit as long as it was initially filed on time.
Legal help with related issues
Anyone who has recently been involved in a car accident and needs legal help can get assistance from an experienced personal injury firm in Baton Rouge. Miller, Hampton, and Hilgendorf help people in Louisiana with their civil lawsuits.
Firm contact info:
3960 Government St., Baton Rouge, LA 70806