How Long do I Have Before I Have to File a Claim?

Many prospective clients often ask, “How long do I have to file a claim?”

First of all, whether you are involved in an automobile/ trucking accident or a premises liability accident, you have a prescriptive period. This is also known as a “Statute of Limitations” in other states.

But, the question of “How long do I have to file a claim?” is different from the question of “How long do I have to file a lawsuit?”

In Louisiana, the prescriptive period for most accident cases is typically one year. This means that you have one year from your accident to file a lawsuit.

If you have been in an accident or should you have an accident in the future, you ought to file a claim with the insurance company immediately (but remember do not give any statements, especially recorded statements, to any insurance adjusters without the advice of an attorney).

Oftentimes, the statements you give to insurance adjusters will come back and haunt you later on during the course of your case. Like they say in criminal cases: anything you say can and will be held against you. This is true in civil cases too. If you give a statement, then that information can be used against you.

Again, I would suggest to immediately file a claim with the insurance company after an accident. When you file a claim, it does not mean that you have interrupted the prescriptive period or the statute of limitations. You have one year to file a lawsuit against the at fault driver and their insurance company, which is different than filing a claim with your insurance provider.

To successfully file a claim, you are encouraged to seek the advice of an experienced personal injury attorney so that you can receive the best advice possible, ensure your interests are protected, and become aware of any and all possible remedies available to you.

If you are ever involved in an accident and need assistance with filing your claim, PHONE CARDONE so that we may help you today before your prescriptive period has run up.