Posted on May 4, 2023
ICHQ | Site Author
As a homeowner, it’s important to know how long you have to file a claim with your homeowners insurance company after property damage has been found. In Louisiana, this timeframe is defined by the state’s statute of limitations for property damage, also known as the delictual actions statute.
In this blog post, the homeowners insurance claim attorneys of Insurance Claim HQ break down what this statute is, when it applies, and what you need to know as a homeowner.
What is Louisiana’s Statute of Limitations for Property Damage?
In most cases, the Louisiana statute of limitations for property damage is one year.
Louisiana’s statute of limitations for property damage is a law that sets a deadline for when property damage claims must be filed. This deadline varies depending on the type of claim and the circumstances surrounding the damage.
Under Louisiana law, the statute of limitations for delictual actions involving property damage is one year from the date the damage was discovered or should have been discovered. This means that if you discover damage to your property, you must file a claim with your insurance company within one year of the discovery, or you may lose your right to seek compensation.
What is a Delictual Action?
A delictual action is a legal claim that seeks compensation for harm caused by someone else’s actions or negligence.
In the context of property damage claims, a delictual action may be brought against a party who caused the damage, such as a contractor or another property owner, or against an insurance company that denies a claim for compensation.
When Does Louisiana’s Statute of Limitations Apply?
Louisiana’s statute of limitations for property damage applies in a variety of situations, including damage caused by:
- Natural disasters, such as hurricanes, floods, and tornadoes
- Faulty construction or design
- Negligent contractors or service providers
- Intentional acts, such as vandalism or arson
It’s important to note that the statute of limitations may be extended in certain circumstances.
What You Need to Know as a Homeowner
As a homeowner, it’s important to protect your rights and file a claim in a timely manner. If you discover damage to your property, it’s important to notify your insurance company as soon as possible and to provide all necessary documentation to support your claim.
It’s also a good idea to work with an experienced attorney who can help you navigate the claims process.
Contacting a Professional For Help With Your Claim
If you’ve experienced property damage and need help filing a claim with your insurance company, contact Insurance Claim HQ today. Our experienced attorneys can help you navigate the claims process and fight for your rights. Don’t wait – a statute of limitations applies to your claim. Contact us today to schedule a consultation.
FAQs About the Statute of Limitations on Property Damage Claims
What is Louisiana’s statute of limitations for property damage claims?
Louisiana’s statute of limitations for delictual actions involving property damage is one year from the date the damage was discovered or should have been discovered.
What types of property damage claims does the statute of limitations apply to?
Louisiana’s statute of limitations for property damage applies to a variety of situations, including damage caused by natural disasters, faulty construction or design, negligent contractors or service providers, and intentional acts.
What happens if I miss the statute of limitations?
If you miss the statute of limitations, your case may be dismissed, even if you have a great case.
