If you are a parent of a small child who has been injured in a motor vehicle accident in Louisiana, you may be facing many challenges and uncertainties.
You may be worried about your child’s health, recovery and future. You may also be dealing with medical bills, lost income and emotional distress. You wonder what your legal options are and how you can get the compensation you deserve.
Statute of limitations
If you miss the statute of limitations deadline, you may lose your right to sue and recover compensation.
In Louisiana, the general statute of limitations for personal injury cases is one year from the date of the accident. However, there are some exceptions and extensions that may apply to cases involving minors.
Children
According to Louisiana Civil Code Article 3492, if the victim is under 18 at the time of the accident, the statute of limitations is suspended until they reach 19. But, this does not apply to claims against governmental entities or public employees, which have shorter deadlines and require prior notice.
Parents
Additionally, Louisiana Civil Code Article 2315.1 provides that parents or legal guardians of minors who have been injured by another person’s fault have a separate claim for their own damages, such as medical expenses and loss of consortium. This claim is subject to the general one-year statute of limitations from the date of the accident.
Therefore, if you are a parent of a small child who has been injured in a motor vehicle accident in Louisiana, you should not delay seeking legal advice. Even if your child has more time to file a lawsuit, you may have less time to pursue your own claim.
Moreover, waiting too long may jeopardize your chances of obtaining evidence, witnesses and favorable settlements.
Types of damages
Damages are the monetary compensation that you can recover for your losses after a motor vehicle accident. Economic damages are those that can be easily calculated and documented, such as medical bills, lost wages, property damage and future expenses related to the injury.
Non-economic damages are those that are more subjective and harder to quantify, such as pain and suffering, emotional distress, loss of enjoyment of life and disfigurement.