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Houma Car Accident Statute of Limitations Extensions

Bringing a claim past the time in which a claim could be legally heard is a difficult thing to do. Many factors are taking into consideration, such as disabilities and age. If you or a loved one wants to bring a claim forward, but in unable for some reason, get in touch with an accomplished auto wreck attorney to learn more about Houma car accident statute of limitations extensions.

Change in Statute of Limitations Differ for Minors or Someone with Disabilities

The time limitation for institution of litigation is one year for minors and one year for incompetents or interdicts. The minor would have recourse against their parents or their guardians/tutors, and the time limitation to bring a claim as against the parents or guardians/tutor is suspended during the minority of the minor.

The same could be said for an interdict. Any claim they may have against their guardian/curator is suspended during the pendency of the interdiction proceeding. Any claim for a minor or interdict that arises out of a defective product in a Louisiana product’s liability action where there is a permanent injury, has a time limitation that is suspended during the minority and during the time the incompetent is interdicted. Speak with an attorney to learn more about Houma car accident statute of limitations extensions.

Representation

If a minor is involved in a car accident, they may be represented by their parents if they are married. If their parents are not married, the claim would be brought by their guardian. In Louisiana, a male guardian is known as a tutor. A female guardian is known as a tutrix.  Anyone with disabilities, particularly mental disabilities and the inability to attend to their business affairs, cannot bring a claim for damages. They must also be represented by a guardian.

In Louisiana, when someone is incompetent, the court will invoke an interdiction proceeding to make that determination and a guardian is appointed. In Louisiana, the male guardian is known as a curator and the female guardian is a curatrix.

In the instance where a minor is abused, the time limitation is suspended until three years after the minor reaches majority. If it can be shown that an individual has been abused or sexually abused and it results in a permanent injury from the abuse, the time limitation for the minor is extended for ten years after the minor reaches majority.

In Louisiana, the age of majority is 18 years of age. This would mean that any minor who suffers abuse during his minority, would have until he was 21 years of age to bring a claim. If it can be shown that an individual was abused or sexually abused as a minor and as a consequence, they have a permanent injury they would have until age 28 to institute a claim as against the party at fault.

Special Allowances Made for Trials that Extend Beyond the Statute of Limitations

An example of Houma car accident statute of limitations extensions is the interruptions for the time limitations. Typically, it is an acknowledgment by the people at fault as to the existence of the claim sometime before the time limit has expired. This can be a formal acknowledgment or it can be implied by correspondence or actions. An example is where an insurance company is involved in a car crash and within the one-year limitation, the insurance company pays the property damage.

Typically in a car wreck, the insurance company or its agent appraises a collision loss and the injured party’s vehicle is repaired at a body shop. If the insurance company pays the property damage loss by check without any formal settlement or release document signed, the payment by the insurance company can be considered an acknowledgment sufficient to interrupt the one year time limitation.

Compromises and Mediation

Mediation is a technique where an outside party, known as a mediator or facilitator, is brought in to assist the parties in resolving or settling of a claim.  If a person is in a crash case against an out of state party,  that matter may be in federal court. Settlement demands and negotiations could also be considered a compromise and it is an ongoing process. 

Importance of  Hiring a Houma Car Accident Attorney

An injured party may present their claim to an insurance company indicating a desire to settle their claim. If the insurance carrier indicates that they will not take a case due to the statute of limitations, that person is at a dead end and cannot go any further. They should talk to an attorney at that point and particularly one who is experienced. A season auto wreck attorney is well equipped to understand and properly apply the Houma car accident statute of limitations extensions.