Disclaimer: This article offers general information about auto accident injury claims in Louisiana. It does not constitute legal advice. Consult a qualified attorney for guidance on your specific case.
Detailed Answer
Prescriptive Deadline
Under Louisiana law, you generally have one year from the date of your accident to file a lawsuit for personal injuries. See La. Civ. Code Ann. art. 3492. Missing this deadline can bar your claim entirely.
Pre-Litigation Stage (0–6 Months)
• Immediate Actions (0–1 Month): You seek medical treatment and report the crash to law enforcement. You file a notice of injury with your insurer and the at-fault driver’s carrier.
• Evidence Gathering (1–3 Months): You collect medical records, accident reports and witness statements. Your attorney orders records and may secure an expert opinion on causation and damages.
• Demand Letter (3–6 Months): Once you reach Maximum Medical Improvement (MMI), usually 6–12 months after injury, your attorney sends a settlement demand. The insurer reviews liability and damages and typically issues an initial offer.
Insurance Negotiation (6–12 Months)
During this phase, both sides negotiate compensation. You may exchange additional medical updates, bills and expert reports. Many claims resolve here. If the insurer refuses a fair settlement, your attorney advises on filing suit before the one-year prescriptive deadline.
Litigation Stage (6–24+ Months)
• Filing Suit (Month 6–12): Your attorney drafts a petition and officially files it in the district court. The at-fault party answers, and both sides begin discovery.
• Discovery (Months 12–18): You exchange written questions (interrogatories), requests for documents and take depositions. Courts often set deadlines for completing discovery.
• Alternative Dispute Resolution (Months 15–20): Many courts require mediation or a settlement conference. This can resolve the case before trial.
• Trial (Months 18–24+): If you can’t settle, the court schedules a trial. A judge or jury decides liability and damages. After trial, either side may appeal, which adds several months or longer.
Factors Affecting Timeline
- Severity of injuries and time to reach MMI
- Complexity of liability issues
- Court backlog and local procedures
- Willingness of parties to negotiate
Helpful Hints
- Track all medical visits and bills. Document treatment dates and costs.
- Keep a diary of symptoms, pain levels and daily limitations.
- Notify your insurer of any change in condition or treatment providers.
- Consult an attorney early, well before the one-year filing deadline.
- Be patient: complex cases often take 12–24 months to resolve.