A tolling agreement is an agreement to waive a right to claim that a case should be dismissed due to the expiration of a statute of limitations. A tolling agreement may apply to a personal injury case, a class action claim, or commercial litigation. Up until recently, such tolling agreements were common in other states, but prohibited in Louisiana. With the recent enactment of Louisiana Civil Code Articles 3505-3505.4, Louisiana now allows parties, by written agreement, to extend by as much as one year the prescriptive period (referred to as a “statute of limitations” in other jurisdictions) in which to bring an action.
The new law involves specific requirements of the agreement to be effective and agreements for additional extensions are allowed. Louisiana, like many other states, now provides a legal framework for parties to extend the time for filing a lawsuit which can aid in the attempt to resolve disputes before a lawsuit is filed.
If you or a loved one has suffered a personal injury, learn about your legal rights from an experienced Louisiana personal injury attorney by filling out our free, no obligation case review form located on this website.