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May 14, 2026
Car collisions can leave you with significant financial damages and serious injuries. Filing a claim against a negligent driver or other party is often crucial for your financial well-being and recovery. Many people injured in car accidents wonder: how long do I have to file a car accident lawsuit in Lafayette, LA? You have two years from the date of the accident to file a civil claim for the damages in a car accident, but it’s important to act sooner than this.
The Deadline for Filing Car Accident Civil Claims
You have to file a car accident civil claim within two years. This deadline begins from the time the accident and injury occur. This deadline is also called the statute of limitations, or a liberative prescription in Louisiana. It was updated from one year to two years in 2024.
While two years may seem like plenty of time, you must act quickly. Evidence can vanish quickly after a crash, and this evidence needs to be preserved to support your claim. Additionally, if you file your claim after the liberative prescription period expires, you will be barred from financial recovery, regardless of your case’s merits.
Understanding the Impact of Vehicle Accidents in Lafayette
Vehicle collisions in Lafayette led to 4,525 suspected injuries and 31 fatalities in 2024. Vehicle accidents range from fender benders to catastrophic incidents. Any of these accidents could result in varying levels of injury. These injuries can lead to numerous costs in your life, from medical bills to emotional trauma to the loss of your income.
Throughout the U.S., injuries from vehicle accidents led to an average of $98,153 costs per person for emergency department visits in 2023, according to the Centers for Disease Control and Prevention.
Filing a claim helps you recover some or all of these losses from the driver, product manufacturer, or other party who is to blame for your car accident. Compensation makes a substantial difference in your ability to physically recover and take care of yourself after an accident. It also greatly affects your ability to financially support yourself in the future.
Exceptions to the Deadline
The liberative prescription deadline does not begin counting down in the following cases:
- When you were a minor at the time of the injury
- If you were permanently disabled and a defective or unreasonably dangerous product caused the injury
Other cases may have unique liberative prescription periods, potentially shortening the time you have to act. This is also why it’s important to get in touch with an attorney soon after your accident to gather the necessary evidence and file a claim sooner.
Civil Claims Vs. Insurance Claims
The two-year deadline for civil claims is not the only deadline you have to worry about after a car accident. Usually, a car accident claim starts with an insurance claim, and you have to file this claim within a set period of time.
This period of time varies depending on the insurance company’s policies, but it is usually as soon as you can after a crash. If you delay filing an insurance claim, the company can use this to deny your claim.
The civil claim is necessary if insurance claim negotiations are unsuccessful. After filing a claim, you and the insurer can discuss fair compensation.
This is easier when an attorney represents you. An attorney can also help you determine when the time is right to file a civil personal injury claim. If the insurer refuses to settle for fair compensation despite your valid case, filing a court case can help you secure appropriate damages.
FAQs
How Long After a Car Accident Can You File a Claim in Louisiana?
After a car accident in Louisiana, you can file a claim two years after the date the accident occurred. However, this is the deadline for civil claims, such as those filed with the 15th Judicial District Court.
After a car accident, you generally first file an insurance claim. Usually, sinus cases must be filed as soon as possible after an accident. If discussions between the parties in this claim are unsuccessful, it can help to file the claim in court.
Is It Too Late to File a Claim Against Someone for an Injury After Two Years in Louisiana?
It is likely too late to file a claim against someone for an injury after two years in Louisiana, but there are exceptions to the two-year statute of limitations. This may include if you were a minor at the time of the crash, or your injury was caused by a defective product and resulted in permanent disability. An experienced attorney can help you assess these and other potential exceptions to determine if you can file a claim.
What Are the Three Things You Need to Prove for a Personal Injury Civil Claim?
Usually, the three things you need to prove for a personal injury civil claim are:
- The party you are filing against owed you a duty of care
- They breached this duty of care, and this caused the accident or other incident
- You suffered recognized damages because of the incident
The evidence you need to prove these elements depends on your type of accident, and could include a police report, traffic cameras, or eyewitness statements.
Why Do You Need to Hire a Car Accident Lawyer in Lafayette?
You need to hire a car accident lawyer in Lafayette to give yourself the greatest chance at a successful claim that recovers the damages you are owed. An attorney cannot guarantee this outcome, but they can assess whether you have a case, investigate the accident, determine who was at fault, and gather the evidence to support your claim. They help with each step and use their legal knowledge and resources to protect your rights.
Cox Law Firm: Your Lafayette Car Accident Attorney
Cox Law Firm has more than 135 years of collective legal experience and has secured many successful outcomes for car accidents in settlements and in trial verdicts. If you or someone you love was in a car accident in Lafayette, reach out to our team. We can assess your case and determine your options for financial recovery before the deadline for your claim.
