After an injury, one of the most common and dangerous assumptions people make is that they have plenty of time to act. Unfortunately, the law sets strict deadlines, known as Statutes of Limitations or “prescriptive periods” in Louisiana, for filing a lawsuit. Missing this deadline, even by a single day, can mean forfeiting your right to compensation forever, no matter how strong your case is.
These deadlines are not simple; they vary dramatically depending on the type of case, the state you are in, and even who you are suing.
To clarify this critical topic, LKSA attorney Jessica Ibert explains what statutes of limitations are, why they are so important, and how the deadlines differ for personal injury, maritime, and medical malpractice claims.
Watch the video below to understand the urgency of protecting your rights:
Video Transcript
(Jessica Ibert): “What are statutes of limitations? These are laws that put time limits or deadlines on when you are able to pursue a certain type of legal action. These are important because if you don’t pursue a certain claim within the specified time period allotted by law, you may lose your rights entirely to pursue that claim.
And it’s important to know that the statute of limitations, or in Louisiana, we refer to them as prescriptive periods. They differ. They differ by state, they differ by practice area. Um, they differ when federal law applies and sometimes they differ depending on defendants that are involved. And so it’s really important to hire a lawyer when you have a claim to pursue that has expertise in the particular area that your claim involves because that lawyer will know what laws apply, what deadlines apply, and make sure that everything in your case is done timely so that you don’t lose your rights.
Because one of the biggest things that we’re concerned about as lawyers is, and, and particularly personal injury lawyers or lawyers that. File claims on behalf of individuals or entities is we missed the deadline to pursue a claim. And when that happens, unfortunately that entity or person is left without the rights to pursue their claim no matter how good their case is.
And additionally, one thing to know is that the laws change. For example, in Louisiana, the deadline to file a personal injury claim used to be one year, and recently it changed to two.
That particular deadline doesn’t apply to certain claims like medical malpractice, um, or products liability claims. They have different deadlines. Also, for example, maritime claims, they have different deadlines. Um, some types of maritime claims.
You have three years to pursue. Some, you have one year to pursue. And it depends on what type of worker is involved, where the event occurred, um, what laws apply. And you have to be experienced in these areas to know what laws applies so that you do not jeopardize your client’s rights to pursue their causes of action.
So how, how can Lewis Coleman Sterbcow and Abramson help with this, or how can LKSA law help? Well, we have experience in pursuing personal injury cases. We have experience in pursuing maritime cases, in pursuing aviation cases.
We also have vast experience in products liability cases, and in medical malpractice cases and catastrophic injury cases. So we know what deadlines apply, what laws apply to your particular claim, and what we can promise is that when you come to us with a particular type of claim, we will make sure that your claim is pursued within those appropriate deadlines so that you don’t lose your rights.”
Key Takeaways on Legal Deadlines
As Jessica explains, understanding and meeting the statute of limitations is non-negotiable. Remember these key points:
- The Consequence is Absolute: If you miss the deadline to file your claim, you lose your right to sue. The courthouse doors are closed to you on that matter, permanently.
- Deadlines Are Not Uniform: There is no single deadline. A Louisiana personal injury claim may have a different deadline than a medical malpractice claim or a maritime claim. The specific facts of your case determine the clock you are racing against.
- The Law Can Change: Legal deadlines can be, and have been, changed by lawmakers. Relying on old information can be a catastrophic mistake.
- Experience is Not Optional: Navigating this complex web of state, federal, and case-specific laws requires an attorney with direct experience in your specific type of case.
The Clock is Ticking. Don’t Risk Your Rights.
The single biggest concern for any personal injury lawyer is ensuring a client’s claim is filed on time. The complexities of statutes of limitations are precisely why it is so dangerous to wait to speak with an attorney. The moments after an injury are stressful, but delaying the decision to seek legal counsel can have devastating consequences.
The team at LKSA has decades of experience across the complex practice areas we serve. We know the laws, we know the deadlines, and we have the processes in place to ensure your rights are protected and your claim is filed in a timely manner.
Don’t let a technicality prevent you from getting the justice you deserve. Contact LKSA today for a free, confidential consultation to discuss your case and understand the critical deadlines that apply. Call us at (504) 588-1500 or fill out our online form.
