Louisiana Statute of Limitations Information from PA Lawyers at Anapol Schwartz

Louisiana Statute of Limitations
Statute of limitations varies from state to state regarding the many types of fatal accidents. The last thing you want to do as the family of a victim of an accidental fatality is miss your opportunity to file a lawsuit.

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Here are some important facts to know about Louisiana’s statute of limitations and time limits for filing a lawsuit:

• Negligence – 1 year
• Medical Malpractice–1 year from date of injury; if undiscoverable, then a 3 year max
• Product Liability – 1 year after suffering injury
• Wrongful Death – 1 year after date of death
• Survival – 1 year

Caps on Lawyers Awards: Louisiana has no limitations on attorney awards
Louisiana Caps on Damage Awards
Medical Malpractice – Louisiana limits total recovery of damages in medical malpractice cases to $500,000.00, exclusive of future medical care and related benefits. Liability is limited to $100,000.00 per health care provider, with the patient compensation fund paying awards over $100,000.00 up to $500,000.00

Product Liability–LSA-C.C. Art. 2315; A) Every act whatever of man that causes damage to another obliges him by whose fault it happened to repair it. B) Damages may include loss of consortium, service, and society, and shall be recoverable by the same respective categories of persons who would have had a cause of action for wrongful death of an injured person. Damages do not include costs for future medical treatment, services, surveillance, or procedures of any kind unless such treatment, services, surveillance, or procedures are directly related to a manifest physical or mental injury or disease. Damages shall include any sales taxes paid by the owner on the repair or replacement of the property damaged

Pharmaceutical cases – Same as product liability 

Louisiana Minors – Statute of Limitations/minors tolling - Except in cases of wrongful death, the one-year statute of limitations does not run against minors (those under 18) in actions involving permanent disability and brought pursuant to the Louisiana Products Liability Act or state law governing products liability actions in effect at the time of the injury

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Louisiana State Police Headquarters
7919 Independence Road
Baton Rouge, LA 70806
225.925.7057
http://www.lsp.org/index.html

Louisiana Assoc for Justice
442 Europe St.
Baton Rouge, LA 70802
225.383.5554
http://www.lafj.org/la/