What’s a liberative prescription? A liberative prescription is similar to the statute of limitations. It is the time allowed by the law to take legal action. Prosecution for a crime or civil matter can only happen within a finite amount of time. After the time expires, there can be no legal action. However, there are exceptions.
Liberative Prescription vs. Statute of Limitations
Liberative prescription applies to civil cases. The statute of limitations applies to criminal cases. These two issues vary from state to state.
A civil case involves a legal dispute between two or more parties. To begin a civil suit, a plaintiff files a dispute and pays a filing fee. The court or a negotiation process will determine the solution to a civil case.
A crime is a serious violation of the law. The guilty party can spend time behind bars or pay a fine. Crimes require court action and not negotiation.A public prosecutor will prosecute a crime.
Liberative Prescription Applies to the Following Civil Cases:
- Personal injury
- Property Disputes
- Contract disputes
- Complaints against the city
- Equitable claims
Liberative Prescription for Personal Injury
In the legal sense, personal injury is a serious injury to the body caused by the negligence of another person. Litigation will only happen if the injury is material and has caused hospitalization, disability or death.
- Liberative prescription for personal injury can range from as short as one year to as long as six years. It all depends on the state.
- A liberative prescription of two years will mean that you will only have two years from the date of the injury to bring legal action. You should not wait until the filing deadline of a personal injury case in Baton Rouge expires. You should immediately contact a personal injury lawyer in Baton Rouge after the injury.
- In most states, there is an exception in the form of a ‘Discovery Rule.’ This allows an extension of the filing deadline if the injured person was not aware of the injury or the fact that the actions of the potential defendant might have caused injury.
How Liberative Prescription for Personal Injury Can be Extended
- If the defendant leaves the state after committing the injury, the liberative prescription will stop running until the defendant comes back.
- In most states, the filing deadline can also be extended if the defendant is mentally ill, disabled, or is a minor.
The Bottom Line
You only have a specified time to file a personal injury case and subsequently obtain damages. After the time expires, you will no longer have any legal recourse. Thus, you should always act fast!