Louisiana Personal Injury Lawyer Blog
In personal injury law, the concept of “prescription” plays a crucial role. It’s essentially a deadline for filing a lawsuit; if you miss it, your claim could be barred forever. A recent Louisiana Court of Appeal case, Jones v. Iberia Parish Government et al., highlights the importance of understanding prescription rules, especially when multiple parties might be involved.
Agnes Jones slipped and fell on an allegedly defective walkway in New Iberia, Louisiana. Within the one-year prescription period, she filed a lawsuit against the property owner and the Iberia Parish Government. However, almost three years after the accident, she amended her lawsuit to include the City of New Iberia as a defendant.
The City of New Iberia filed an exception of prescription, arguing that Jones’ claim against them was filed too late. The trial court agreed and dismissed Jones’ claims against the City. Jones appealed this decision.
The Court of Appeal upheld the trial court’s decision, focusing on the concept of joint tortfeasor liability. In Louisiana, if multiple parties are responsible for an injury, suing one party within the prescription period can interrupt prescription for all of them. However, Jones failed to adequately allege that the City of New Iberia was a joint tortfeasor with the other defendants. She merely stated they were joint tortfeasors without providing any factual basis for this claim.
The court emphasized that Louisiana has a system of “fact pleading,” meaning you can’t just make legal conclusions; you need to back them up with facts. Since Jones didn’t provide any facts connecting the City of New Iberia to the accident or the property, her claim against them was considered prescribed.
Things to Know about Prescription:
- Prescription is a Hard Deadline: In Louisiana, you generally have one year from the date of injury to file a personal injury lawsuit. If you miss this deadline, your claim is likely barred.
- Amending a Lawsuit Doesn’t Always Interrupt Prescription: While you can amend a lawsuit to add new defendants, this doesn’t automatically interrupt prescription for those new defendants.
- Joint Tortfeasor Liability: If multiple parties are responsible for your injury, suing one within the prescription period can interrupt prescription for all. However, you need to properly allege and prove joint tortfeasor liability.
- Fact Pleading is Essential: In Louisiana, you must plead specific facts to support your legal claims. Simply stating a legal conclusion without factual backing is insufficient.
The Jones case is a stark reminder of the importance of understanding prescription rules and properly pleading your case in Louisiana. If you’ve been injured, don’t delay in seeking legal advice. An experienced personal injury attorney can help you identify all potential defendants, file your lawsuit within the prescription period, and ensure your claims are properly supported by facts. Remember, the clock is ticking, and missing the deadline can mean losing your right to compensation.
Additional Sources: AGNES JONES, ET AL VERSUS IBERIA PARISH GOVERNMENT, ET AL
Written by Berniard Law Firm
Other Berniard Law Firm Articles on Prescription: Trial Court Errs by Granting an Exception of Prescription to Insurance Company and Personal Injury Claim in Streetcar Accident Barred by Prescription