Legal Question in Civil Litigation in Louisiana
Being sued after statue of limatation has expired
being sued for an injury that happen in 1997 nothing was done until 2000 filed exparte motion dismissed, then dismissle dimissed Can anything be done or give an example lawsuite to help me
2 Answers from Attorneys
Re: Being sued after statue of limatation has expired
In Louisiana there is a 1 year prescriptive period for actions for personal injury. A Preemptory Exception of Prescription can be filed at any time by you and even the court can supply the exception and dismiss the action. It could be that the other party timely sued someone else which suspended the running of prescription as to you.
Re: Being sued after statue of limatation has expired
You should file a motion to dismiss alleging that the statute of limitations has run on any actions arising out of the injury. Additionally, you may want to check the complaint filed against you to determine exactly on what date the plaintiff alleged the injury occurred.
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