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Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 29996
Experience:  Lawyer
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My husband had a work injury in October of 2012.

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My husband had a work injury in October of 2012. He is still unable to return to work full time and is receiving compensation from workers comp. We are happy with the way the adjuster for the insurance is handling things so far. However, I have recently been told that I need to obtain a lawyer and file a suit because once we pass the one year anniversary we will no longer have this option. I do not wish at this time to disrupt the communication we have with the insurance company, but I want to make sure that I'm not unknowing and letting an signifigant deadline pass by.  The injury happened in Louisiana.


My name is XXXXX XXXXX I'd be happy to answer your questions today. I'm sorry to hear that your husband was injured.

The statute of limitations in Louisiana for personal injury is one year. That means that, if you do not settle the case or file suit within that time period, you will unfortunately lose the right to recover. The insurance company knows this. So, you still have the option of trying to reach a resolution in September, but you'll want to be prepared to hire an attorney if you cannot reach a settlement. The attorney will need some time to file the case. A lawyer may also be able to help you settle before the one year is up.

If you have any questions or concerns about what I've written, please reply so that I may address them. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for answering your question. Thank you.
Customer: replied 3 years ago.

Just so I understand correctly. If we do not file a suit before the year is up, then the insurance company is no longer liable for this life altering injury? Such as, they could decide not to cover anymore expenses related to the injury and we would not be able to file any legal suit.

Yes. The statute of limitations is a complete bar to recovery. An injured party must file suit within one year to preserve the right to collect. You can continue to negotiate a settlement after the suit is filed, through the lawyer, but if you don't file, you will lose the right to recover.
Customer: replied 3 years ago.

I was worried that if we obtained a lawyer that workers comp would not be so accommodating. Thank you for the information, I will start looking for a lawyer today.

I can certainly understand your concern. You can still continue to try to negotiate until you find a lawyer that you're comfortable with.
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