Louisiana Personal Injury Lawyer Blog
A slip and fall accident in a nursing home can lead to devastating injuries, especially for elderly residents or those with underlying health conditions. But what happens when a lawsuit filed due to such an accident is dismissed because it was filed too late? That’s precisely what happened in the case of Penny Micken, whose legal battle against Heritage Manor of Napoleonville nursing home highlights the critical importance of adhering to legal deadlines.
In September 2015, Penny Micken, working as a sitter at Heritage Manor, slipped and fell on a liquid substance on the floor. The fall allegedly resulted in severe injuries. A year later, Micken filed a lawsuit, but she mistakenly named the wrong defendant, leading to a series of legal complications.
The Wrong Defendant and the Ticking Clock:
Micken initially sued DHC OPCO-Napoleonville, LLC, believing them to be the nursing home’s owner. However, it turned out they had acquired ownership months after the accident. The actual owners at the time were Heritage Manor of Napoleonville Limited Partnership and Community Care Center of Napoleonville, LLC. Micken sought to substitute the correct defendants, but this motion was filed after the one-year statute of limitations for personal injury claims in Louisiana had expired.
Court’s Ruling and Appeal:
The trial court dismissed Micken’s case, citing the statute of limitations. Micken appealed, arguing that the substitution of defendants should relate back to the original filing date, making her lawsuit timely. The Court of Appeal, however, upheld the trial court’s decision, emphasizing the importance of naming the correct parties within the prescribed time frame.
Key Takeaways:
This case serves as a stark reminder of the critical role of timely and accurate legal action in personal injury cases. It underscores the need to:
- Identify the correct defendant(s): Thoroughly investigate and identify all responsible parties before filing a lawsuit to avoid potential pitfalls like Micken encountered.
- Adhere to statutes of limitations: Legal deadlines are strictly enforced. Failing to file a lawsuit within the prescribed period can permanently bar your claim, regardless of the merits of your case.
- Seek legal counsel promptly: Consult with an experienced personal injury attorney as soon as possible after an accident to ensure your rights are protected and all necessary legal steps are taken in a timely manner.
Penny Micken’s case serves as a cautionary tale about the consequences of missing legal deadlines. Don’t let your rightful claim slip away due to procedural errors. Take prompt action and seek legal guidance to navigate the complexities of the legal system and ensure your voice is heard.
Additional Sources: PENNY MICKEN VERSUS DHC OPCO-NAPOLEONVILLE, LLC d/b/a HERITAGE MANOR OF NAPOLEONVILLE
Written by Berniard Law Firm
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