Louisiana Legislature Extends the Prescriptive Period for Tort Claims

I’m always keeping an eye on changes in the law that impact my clients. One of the most significant changes to come out of the Louisiana Legislature in July 2024 is the extension of the prescriptive period for tort claims from one to two years. This may sound like a small change, but it has profound implications for anyone who is considering working with a New Orleans personal injury lawyer to file a claim.

New Two-Year Prescriptive Period

In Louisiana, the prescriptive period is essentially the time limit you have to file a lawsuit after an injury. For many years, the law required that you file a tort claim within one year of the incident. This meant that if you were injured in a car accident, a slip and fall, or any other incident caused by someone else’s negligence, you had only 12 months to initiate legal action.

The problem with this short time frame is that life doesn’t always move at the pace of the law. After an injury, you’re often dealing with medical treatment, recovery, and the emotional and financial fallout of the incident. Many people find that by the time they’ve managed to get back on their feet, the one-year deadline is already looming. This created unnecessary stress and, in some cases, led to victims missing their chance to seek justice.

The recent legislation changed all of this by extending the prescriptive period for tort claims to two years. Now, if you’ve been injured due to someone else’s negligence, you have twice as much time to file your lawsuit. This change is a significant win for injury victims, and it’s one that I believe will lead to fairer outcomes for many people.

With two years to file a claim, you have more breathing room to focus on your recovery without the added pressure of rushing to meet a legal deadline. This extended period also allows for a more thorough investigation of your case, gathering of evidence, and negotiation with insurance companies.

 What This Means for Your Case

If you were injured in 2023 or 2024 and haven’t yet filed a claim, this new law could directly benefit you. Even if you thought you might have missed your opportunity to file a lawsuit, the extension to two years might mean you’re still within the new prescriptive period. Consult with a seasoned New Orleans personal injury lawyer as soon as possible to understand how this change affects your specific situation.

This extension also underscores the importance of knowing your rights and staying informed about legal changes. The law can be complex, and it’s easy to feel overwhelmed, especially when you’re dealing with the aftermath of an injury. I’m here to help guide you through the process, ensure you understand your options, and fight for the compensation you deserve.

Have you been recovering from an injury but aren’t sure of the timelines you need to follow? Don’t wait to reach out, all of us at Palazzo Law Firm are available to assist you after an accident in New Orleans, Metairie, or Gretna. Call 504-433-1442 to schedule a consultation.