Louisiana Injuries

FAQ Glossary Explore Team
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Did I wait too long to file my kid's Baton Rouge injury claim?

Unlike Texas, where people often assume the same one-year or two-year countdown hits everyone the same way, Louisiana usually pauses the child's injury deadline until age 18. That means a minor's own injury claim often does not expire one year after the accident.

But that is where bad advice starts.

A child cannot file alone. A parent or legal tutor usually files the claim on the child's behalf. And the parent's own claims are different. A parent's claim for medical bills, out-of-pocket costs, or related damages usually follows Louisiana's normal one-year prescription for injury cases. So waiting can still cost real money even if the child's claim survives longer.

Also, if the case settles for a minor, court approval is usually required before the money is finalized or released. Insurance companies know this. A quick offer is not the same as a finished settlement.

Example: your child is hurt in a winter crash on I-10 near Baton Rouge after reduced visibility and slick roads cause a pileup. The at-fault driver only carries Louisiana's minimum 15/30/25 liability coverage. Your child's claim for pain, treatment, and future problems may still be preserved because your child is under 18. But if you paid ER bills, missed work, or covered follow-up care and then waited more than one year, your own reimbursement claim may already be gone.

Same idea with a school or daycare injury. Do not believe "they have immunity" or "kids fall all the time." If staff ignored a known hazard, botched supervision, or failed to protect a child, there may be a claim. The child's deadline may be paused. Yours may not be.

by Trang Nguyen on 2026-03-23

Nothing on this page should be taken as legal advice — it's general information that may not apply to your specific case. If you've been hurt, a lawyer can tell you where you actually stand.

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