Louisiana offers the best of both worlds: bustling city life for the metropolitan-oriented and lush countryside for the outdoor type. Unfortunately, these set-ups come with their share of hazards too. If you are involved in a hit-and-run accident, you deserve compensation for the resulting economic and non-economic damages.
However, you cannot file a claim anytime you want to. The state of Louisiana outlines specific steps and laws that regulate how and when you can sue for damages. It is important that you understand these laws and limits so you can maximize your compensation.
Filing a personal injury lawsuit in Louisiana
Louisiana has one of the shortest statutes of limitations in the U.S. According to Louisiana law, hit-and-run victims have only one year to file a personal injury lawsuit against the liable party. This means that you have exactly 12 months from the date of the accident to sue the negligent party. If you bring your lawsuit after the expiry of the statute of limitations period, the defendant may simply challenge your claim on grounds of missed deadline unless it falls under the following circumstances:
When the case involves a minor – when the hit-and-run accident involves a child, the statute of limitations will not take effect until they turn 18. This means that you will have up to the victim’s 19th birthday to file a claim regardless of how old they were at the time of the accident.
When the case involves multiple at-fault parties – Sometimes, a hit-and-run accident can involve multiple parties and, thus, multiple defendants. In this case, you will have to sue one party within the 12-month statute of limitations period. However, you can pursue the other defendants outside of the statute of limitations deadline if it is established that they too were liable for the accident.
A hit-and-run accident can leave you with serious injuries and property damage. Find out how you can pursue the damages you are entitled to if you are involved in an accident that was not your fault.