How Long Do You Have to Sue for Personal Injury?

When you are injured due to the actions of another party, you have several options for getting compensation for those injuries. In some circumstances, you may be able to file an insurance claim against a relevant insurance policy that the responsible party maintains. If you have ever been involved in a car accident, you may be familiar with this concept. However, filing an insurance claim isn’t the only option to get compensation. You may also be eligible to file a personal injury lawsuit against the responsible party. This is a complicated process that you should consider only after consulting with an experienced personal injury attorney, like those at Caldwell Wenzel & Asthana, PC. It’s important to note that Alabama law allows you a limited amount of time to file a personal injury lawsuit.

The Statute of Limitations in Alabama

The civil justice system seeks to balance the rights of litigants and defendants, which can be challenging. One of the regulations that exists to protect defendants is the statute of limitations. The basic idea of the statute of limitations is that a defendant of a personal injury lawsuit shouldn’t have to live in fear of a civil lawsuit for their entire life. Primarily, this is because the longer you wait to file a lawsuit, the harder it can be for a defendant to obtain evidence that absolves them of the allegations. They may lose documentation, or witnesses may become unavailable.

Alabama has determined that two years is a reasonable limit that balances the rights of both the litigant and the defendant. During this time, the litigant is expected to be able to determine whether they have a strong case, obtain a lawyer, and file all appropriate paperwork to begin a lawsuit. Similarly, Alabama believes that defendants should be able to easily access all evidence for at least two years after an alleged incident.

In most cases, you need to file a personal injury lawsuit within two years of suffering an injury in Alabama.

Exceptions to the Statute of Limitations

In general, if you file a lawsuit at any point after the two years have passed, your lawsuit may be dismissed. However, there are two significant exceptions to the Alabama statute of limitations.

Defendant’s Absence from the State

According to Alabama law, if the defendant is absent from the state after the alleged incident, any time they are not present in the state does not count toward the two-year time limit. Thus, if the defendant left the state and returned one year later, for example, that year wouldn’t count, effectively increasing the time limit for filing a lawsuit against them to three years from the date of the injury. An experienced lawyer at Caldwell Wenzel & Asthana, PC can help determine whether a defendant was absent and uncover evidence to prove that absence to a court.

Were you or a loved one seriously injured due to the negligence of another party in Alabama? You may be able to obtain compensation for those injuries if you act quickly. Contact the skilled personal injury lawyers of Caldwell Wenzel & Asthana, PC at (251) 444-7000 to schedule an appointment to discuss your legal options today.

Legally Disabled Injured Party

Alabama law defines a person as legally disabled if they are incapable of handling their legal affairs. For instance, anyone who is under 19 years old is considered legally disabled. If you are injured by another party while under that age, the clock doesn’t start until you turn 19. Effectively, this means that you have until your 21st birthday to file a personal injury claim if you are 18 years old or younger when you are injured.

A person who has been ruled mentally incapacitated also is considered to be legally disabled. Any time that you are deemed mentally incapacitated is not counted toward the statute of limitations. If you recover from this diagnosis, the clock restarts with your recovery.

Why the Statute of Limitations Matters for Settlements

Legally, the statute of limitations applies only to lawsuits. In practice, though, it can also have a significant effect on settlements. For example, suppose that you were seriously injured in a major car accident that was caused by the other driver, and you file an insurance claim with the insurance company of that driver. Because you were seriously injured, you require more than two years of medical care. This allows the insurance company to delay settlement payments for years. But after two years, the insurance company suddenly denies your claim.

Why would this happen? The answer is the statute of limitations. Once the statute of limitations has run out, you often don’t have legal options to force the insurance company to pay you money. Thus, even though the insurance company may be legally obligated to compensate you for your medical bills and other expenses, you might have no way to enforce that obligation. In this way, the two-year statute of limitations is also a deadline to complete settlement negotiations. If the time runs out, the insurance company has no reason to give you any money.

Thankfully, you can protect yourself from this deadline by filing a lawsuit. As soon as you file a lawsuit, the statute of limitations no longer matters. You could continue negotiations for a fair settlement with litigation pending in court for months or even years. Eventually, if the insurance company refuses to act in good faith, you might need to go to trial, but filing a lawsuit is often enough to convince the insurance company to make a fair settlement offer.

Contact a Personal Injury Lawyer Today

Missing the deadline to file a personal injury lawsuit can prevent you from getting the compensation you deserve for your injuries. When you turn to the team at Caldwell Wenzel & Asthana, PC, we can help ensure you meet all deadlines.

Did you get hurt in an accident in Alabama? It’s crucial to act quickly to protect your right to compensation. Contact the trusted legal team of Caldwell Wenzel & Asthana, PC at (251) 444-7000 today to find out more about your legal options.