Legal Question in Civil Litigation in Louisiana

Louisiana Law of Prescription

In Metairie, LA in April of 2005, motorcyclist is struck by vehicle whose driver received five citations at the scene of accident including DWI. Motorcyclist had severe injuries. DWI driver had no insurance coverage. Hurricane Katrina happened in the middle of decision making process of filing suit and prior to prescription. Attorney for DWI Driver said driver was living on a houseboat in Florida and he was unsure if he would be paid would be paid. Motorcyclist decided not to fund case as attorney for Motorcyclist said he did not see monetary reimbursement and Motorcyclist had been out of work for three months due to injuries and did not have the funds to support the claim. State of LA is now pursuing the criminal side of the claim and new attorney for Motorcyclist has filed a civil suit on behalf of the Motorcyclist. What are the chances that prescription can be overturned in view of the circumstances?

Thank you.


Asked on 2/23/07, 11:00 am

1 Answer from Attorneys
Johm Smith tom's

Re: Louisiana Law of Prescription

The tolling of prescription was suspended by the governor, but I don't know off hand for how long. I believe it was for about a year, but your attorney can easily find out and should soon because the time would be almost up if I'm right about it being for a year the year. If you could prove it was a crime of violence, then you would get two years plus the suspension because of Katrina, but I don't do criminal law and don't have the criminal code handy. Good luck!

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Answered on 2/23/07, 12:35 pm


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