DEADLINES IN LOUISIANA

How long can a person wait to file a lawsuit?

In Louisiana, the rule that limits that time within which a person may file a lawsuit is called "Prescription." In other states, the rule may be implemented as a Statute of Limitations or Statute of Repose. Louisiana's Prescription Period for filing a lawsuit based upon personal injury is one year. However, if the last day of the one-year period falls on a weekend or holiday, the plaintiff has the following business day to file suit. After filing his suit, a plaintiff must request service within 90 days from the date of filing.

Time delay for answering a lawsuit

When a petition is served on a defendant, the defendant has a specific amount of time in which to answer the allegations. These time limits are statutory and failure to file answers within the prescribed time may result in judgment against the defendant. For Louisiana district courts, an answer must be filed within 15 days of service of the petition. For petitions filed in city courts or justice of the peace courts, the deadline to file and answer is 10 days.

In order to determine the date of service, you may call the Clerk of Court for the court in which the suit was filed to determine the service date in order to computer the applicable deadline to answer.

For a complete list of clerks for each Louisiana parish, see www.lafayetteparishclerk.com/district.html.

Professional Malpractice

Prescription periods for malpractice are governed by special statutes. theses statutes limit the prescription period to one year from the date of the alleged act, omission or neglect or from the discovery of the act, omission or neglect. Persons covered by the special statute include: physicians, chiropractors, nurses, licensed mid-wife practitioners, dentists, psychologists, optometrists, hospitals, nursing homes and community blood or tissue banks. The one-year prescriptive period applies to any action whether based upon tort, breach of contract or otherwise arising out of patient care. If the prescription is running from the dates of discovery, the claim must be filed within three (3) year of the actual date of the alleged act, omission or neglect.

Attorney, Architects & Accountants

Actions against an attorney, architect or accountant are subject to special prescriptive rules. La. R.S. 9:5605 defines the time for a person to bring a suit against an attorney, and La. R.S. 9:5604 discusses the time period for accountants. These statues provide that it must be filed in the correct court within on year of the "alleged act, omission or neglect, or within one year from the date that the alleged act, omission, or neglect should have been discovered; however, even as to action filed within one year from the date of such discovery, in all events such actions shall be filed at the latest within three years from the date of the alleged act, omission or neglect.:

Actions against as architect for "defects of construction, renovation or repair of buildings and other works is subject to a liberative prescription of ten years."

Health & Accident Insurance

The insurer shall initiate loss adjustment of the property damage or a claim for reasonable medical expenses within fourteen (14) days after notification f the loss by the claimant. Additionally, the insurer must pay any claim due within thirty (30) days after receipt of satisfactory proof of loss from the insured or any party in interest. This includes payment to third parties for third party property damage and reasonable medical expenses of the claimant. Two (2) exceptions include:

1.    Claims for accidental death; and

2.    Claims arising under policies of life insurance.

Payment under these claims must be made within sixty (60 ) days from the receipt of proof of death.

Failure to comply with the time limits provided in the statutes will result in penalties and judicial interest from the date of payment should have been made.