The state of Louisiana, like many other states, has a statute of repose that can significantly impact personal injury cases. This statute of repose limits the amount of time that a plaintiff has to file a personal injury claim, and it can have a significant impact on the outcome of a case. In this article, we will take a closer look at Louisiana’s statute of repose and its impact on personal injury cases.
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Understanding Louisiana’s Statute Of Repose
Louisiana’s statute of repose is a law that restricts the time in which a plaintiff can file a personal injury claim. This law is different from a statute of limitations in that it restricts the time frame based on the date the product was put into service rather than the date of the injury. Essentially, the statute of repose sets a maximum time limit in which a claim can be filed.
In Louisiana, the statute of repose is generally two years after the “substantial completion” of a building or improvement. For example, if a building is completed in 2010, and a plaintiff is injured in 2015 due to a defect in the building’s construction, the plaintiff would generally lose the right to file a personal injury claim in 2012 – two years after the building was completed.
It is important to note that there are some exemptions to the statute of repose. For example, there is no statute of repose for asbestos claims, and the statute of repose does not apply to claims involving fraud or intentional acts.
The Impact Of Louisiana’s Statute Of Repose On Personal Injury Cases
The statute of repose can have a significant impact on personal injury cases in Louisiana. In some cases, it may limit a plaintiff’s ability to file a claim or even eliminate their right to do so altogether. This means that it is critical for plaintiffs to be aware of the statute of repose and to act quickly if they believe they have a valid personal injury claim.
The statute of repose can also impact the outcome of a case. If a plaintiff fails to file their claim within the required time limit, the defendant may be able to use the statute of repose as a defense. If successful, this defense could result in the dismissal of the case.
Seeking Legal Help From A Personal Injury Attorney
If you have been injured due to the negligence of another party, it is important to seek the guidance of a personal injury attorney as soon as possible. An experienced attorney can help you navigate the complexities of Louisiana’s statute of repose and help you understand your options for pursuing compensation.
At the Law Offices of L. Clayton Burgess, our personal injury attorneys have a wealth of experience representing clients in personal injury cases throughout Louisiana. We are committed to helping our clients achieve the best possible outcome in their cases, and we will work tirelessly to help you obtain the compensation you deserve.
Conclusion
Louisiana’s statute of repose can have a significant impact on personal injury cases. It is important for plaintiffs to be aware of this law and to act quickly if they believe they have a valid claim. Seeking the guidance of an experienced personal injury attorney can be the key to success in navigating the complexities of Louisiana’s statute of repose. If you have been injured due to the negligence of another party, contact the Law Offices of L. Clayton Burgess today to schedule a free consultation.