How long does it take to resolve a personal injury claim?

Can I still file a personal injury claim if the driver didn’t have insurance?
February 16, 2023

If you’ve been in a car accident in Louisiana in addition to property damage to your vehicle, you may also suffer from bottle injuries. Injuries from accidents can range from whiplash to broken bones to even death, in the most serious accidents. No two car accident cases are the same.

Louisiana Statute of Limitations

In order to answer the question, how long does it take to resolve a personal injury claim in Louisiana, it is important to know the law and factors controlling that issue. In Louisiana, the law mandates that you have only one year from the date of the accident to follow lawsuit if your injury claim is not settled. Other states such as Florida, provide for a four year statute of limitation. Meaning the injured claimant has four years to resolve their lawsuit before having to follow lawsuit in order to preserve its right to recovery.

Factors to determine resolution timeline:

There are several factors that must be reviewed in an order to determine how long it will take to resolve your personal injury claim. Below is a list of some of the factors used:

  • Length of treatment
  • Severity of injury
  • Timely medical care
  • Liability dispute

If you have been involved in a car accident that requires treatment that will extend beyond the year, you will generally have to file a lawsuit in order to preserve your right to recovery. One strategy to increase the likelihood of a quicker resolution could be to file suit earlier than one year. In general, if you have to follow lawsuit, those claims can take up to two years to resolve.

If you were involved in a car accident, where you suffered soft tissue injuries, or other injuries are resolved prior to one year, whether there is a liability dispute or not your claim should be resolved shortly after you were discharged from treatment.

Should you have any questions or you would like to discuss this issue in further detail, please do not hesitate to contact us to schedule a free consultation.

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