Louisiana Truck Accident Statute of Limitations

Personal injury attorney Grady J Flattmann, accident injury expert in Covington, LA. also serving Mandeville, Madisonville, Bogalusa, Abita Springs, Folsom, Franklinton, Hammond, Ponchatoula, and surrounding St Tammany Parish, Tangipahoa Parish, and Washington Parish
Answered by
Grady Flattmann

In Louisiana, the statute of limitations (also known as the prescriptive period) to file a lawsuit for car and truck accidents is one year from the date of the injury or damage sustained.  This means that if a lawsuit is not properly filed within that period, the injured person’s claims are no longer valid.  

To be clear, filing an insurance claim with a big truck’s insurance company following a wreck is NOT the same as filing a lawsuit.  An insurance claim is the process of notifying the at-fault insurance company of the wreck and your damages and injuries and pursuing compensation for those injuries.  Filing an insurance claim does not require filing a lawsuit if the claim can be resolved within that year period discussed above.  Sometimes, if a claim cannot be resolved, a lawsuit must be filed to preserve and pursue our client’s claims.

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