Mayogrrl said:
i live in new orleans louisiana and i got into a car accident 10 months ago. i hit someone from behind and caused a little damage to his car. my insurance paid for the small amount of damage to his car and the large amount on my car since i was at fault. now, 10 months later, he is claiming injury. my question is, is there a limit to how long after an accident a person can claim injury? it seems ridiculous that 10 months later he wants money for an injury that i might not even have caused. a person can do a lot within 10 months, like maybe even throw his back out playing football or something.
My response:
First, LA has a one year Statute of Limitations on negligence / injury actions. So, the Plaintiff is within the proper time limitation period.
Second, the Plaintiff's injuries may have, in fact, occurred at or near to the time of the accident. It all depends upon when the Plaintiff began medical treatments.
So, at some point, you'll be seeing the Plaintiff's medical records so that you can see when treatments and examinations began. Obviously, if the Plaintiff started medical treatments and examinations 3 or 4 months after the accident, you may in fact have a good point. But, that issue only goes to your defense of the action itself.
The dates of medical treatment bear little relation to if and when a Plaintiff actually decides to commence a lawsuit. No matter when the Plaintiff started medical treatments, it only matters that the Plaintiff files a lawsuit prior to the expiration of the Statute of Limitations.
IAAL
