How To File A Sex Assault Lawsuit In Louisiana

Statute of Limitations to File Sexual Assault Lawsuits in Louisiana

In the state of Louisiana, time is limited for survivors of sexual assault to begin a claim. That’s because these cases have a statute of limitations that you must keep in mind.

As of July 2024, you have two years from the date of the assault to file a civil lawsuit. Previously, the statute of limitations was one year.

In 2021, Louisiana also passed a law removing the statute of limitations for sex crimes against children, granting extra protection for the state’s most vulnerable population.

But why are there deadlines for sexual assault claims at all? These deadlines serve many purposes, but an important one is to protect the victims.

Filing a claim as soon as you can after the assault occurs gives you the best possible chance to succeed. The sooner you file, the more likely there will be viable evidence available, such as witnesses who will clearly remember what occurred.

Exceptions That May Extend the Deadline in Louisiana

Some circumstances may extend the statute of limitations. For instance, if you were deemed mentally incompetent at the time of the assault, you may have longer to file. The statute of limitations also may be paused if your assailant leaves the state or hides themselves to avoid detection.

The laws regarding the statute of limitations in Louisiana are tricky, so don’t assume that your case fits into any of the exceptions. Consult with a personal injury lawyer to make sure that you don’t miss your opportunity to file a claim.

What Allegations Go Into a Sexual Assault Civil Lawsuit?

Most survivors are understandably hesitant to discuss or relive their assault. However, your lawsuit must include your allegations. Your attorney will likely gather several pieces of evidence to support your claim:

• Your testimony
• Witness statements
• Electronic communication records
• Surveillance footage
• Photos of your injuries
• Results of your forensic exam

In these cases, you’re stating that you engaged in a sexual act against your will or when you were in some way unable to grant consent. For instance, if you were younger than the age of consent, which is 17 in Louisiana, you can’t legally engage in sexual activity. You also can’t grant consent if you were incapacitated because of alcohol or drug consumption.

Revisiting the assault to put together a lawsuit can be extremely difficult, but the right lawyer will offer compassionate support throughout.

How a Lawyer Can Help Survivors in Louisiana

If you think filing a lawsuit might be the next best step for you, a Louisiana personal injury lawyer may be able to help. At your initial meeting, the lawyer will tell you whether they think you have a viable case. If they believe you have a good chance of winning, the lawyer will likely offer to represent you.

Most of these attorneys work on contingency, which means you only pay if they recover compensation for you. If they don’t, you pay nothing.

The legal process can be complex, but it all starts with an initial consultation. Your lawyer will then begin gathering evidence to support your story and demonstrate that you deserve compensation for your trauma.

One of the most important things that a lawyer can do is help you establish liability. The perpetrator of the assault is liable, but there could be other parties involved, too. For example, if you were assaulted in a parking lot because of lax security measures, you can hold the owner of the premises responsible for what you suffered.

In some instances, you can also hold employers responsible for what their employees do. If you were assaulted at a hospital by a nurse, the hospital could be liable via vicarious liability.

A lawyer can also help you understand what damages you may be able to claim. It can be relatively simple to put a price tag on your medical expenses and lost wages, but how do you calculate pain and suffering? Your attorney will consider numerous factors, including how the assault has impacted your quality of life and whether you suffered physical injuries from the attack.

With all of this information, your lawyer can then begin negotiations with insurance companies to obtain a settlement. This is a highly contentious process and not one you should ever pursue on your own.

ConsumerShield may be able to help you find a lawyer to deliver the competent representation you need. Fill out our contact form to get started with a free case review!