What Is the Statute of Limitations for Personal Injury in Alabama?

After you’ve been injured in an accident in Alabama, you have the right to file a personal injury lawsuit against the responsible party to recover compensation for your medical bills, lost wages, and other expenses resulting from that injury. However, you have a time limit to file a lawsuit; this is known as the statute of limitations. What is the statute of limitations for personal injury in Alabama? Knowing the answer to this question can mean the difference between receiving the compensation you deserve for your losses and facing the aftermath of an accident on your own.

Statute of Limitations for Filing an Injury Claim in Alabama

The statute of limitations for filing a personal injury claim in Alabama is capped at two years from the date of the incident in most cases. The two-year deadline laid out in the statute of limitations for filing an injury claim in Alabama is absolute for most personal injury claims. That’s why it’s important to speak to an Alabama personal injury lawyer as soon as possible. An attorney can advise you of any potential exceptions after evaluating your case.

Exceptions in Alabama Statute of Limitations for Injury Cases

The Alabama statute of limitations serves to protect both plaintiffs and defendants by keeping important evidence from being lost or destroyed over time and witnesses from forgetting what happened or disappearing. However, there are some exceptions to the general rule.

Age or Disability Exceptions

If the injured person is a minor under the age of 19 or has been declared mentally unfit, the clock does not start ticking for the two-year statute of limitations until the person turns 19 or is declared sane. However, the statute of limitations cannot be extended if more than 20 years have passed since the underlying accident.

Absence from the State

If the defendant responsible for your injuries is absent from Alabama at any point after the accident, the period of absence may not be counted as part of the two-year filing period. In other words, if the defendant in your case leaves the state, the clock on the statute of limitations is stopped until the defendant returns to the state.

Injury Is Not Yet Known

Sometimes an injury from an accident or medical malpractice doesn’t show up until after two years from the date of the accident or procedure. In such cases, the statute of limitations begins when you or your Mobile injury lawyer become aware of the injuries, not on the date of the incident itself. The concept that the statute of limitations doesn’t start until you become aware of an injury is known as the concept of discovery. It can apply to all types of cases but is often more common in medical malpractice cases and cases involving long-term exposure to a dangerous substance.

If you are involved in an accident and an injury is not immediately apparent, it can still be beneficial for you to consult with a lawyer. An attorney can help you preserve records if you discover an injury later on.

Statute of Repose

Limits on Exceptions to the Statute of Limitations

The statute of repose also affects the statute of limitations. However, it typically applies only in situations where an exception applies. The statute of repose limits how long the exception can delay the clock. Once enough time has passed, the statute of limitations runs out, even if an exception that would delay the clock still applies.

The following are some of the statute of repose values that might apply to your personal injury claim:

• Medical  Malpractice: 4 years
• Intentional Misconduct: 6 years
• Dangerous Products: 10 years.

Additionally, lawsuits for dangerous or defective products normally have a one-year statute of limitations instead of the two-year limit that applies to nearly all other personal injury claims in Alabama.

Did you suffer an accident while still a minor or sustain injuries that were not immediately apparent? If so, you may have longer than the typical two years to file a lawsuit against the responsible party. Contact Caldwell Wenzell & Asthana Injury Lawyers at (251) 444-7000 to schedule a free consultation today.

Our Attorneys Can Help You with Your Case Within the Statute of Limitations

Why You Should Hire a Personal Injury Lawyer From Caldwell Wenzel Asthana Injury Lawyers

After you have suffered personal injury, you have a lot to deal with, and the last thing you need to worry about is deadlines and statutes of limitations. Your injuries may result in loss of income from being unable to work; mounting medical, hospital, and rehabilitation bills; personal property losses; and pain and suffering.

Our attorneys understand what you are going through and know that a successful personal injury case can make you whole again, so you can concentrate on your recovery. We can help by:

• Determining whether you have a case and what it may be worth
• Investigating what happened and prove the defendant’s negligence by gathering evidence from surveillance cameras, eyewitnesses and police and medical reports
• Hiring experts to testify on your behalf
• Filing all paperwork promptly
• Negotiating with insurance companies for a fair settlement
• Taking your case to court if necessary.

We start working from the moment you decide to retain our law firm. It’s worth noting that the two-year time limit to file a lawsuit begins to run when the accident causing the injury happened. The case doesn’t have to be heard or tried within the two-year limit, but we do have to file your lawsuit within this period to prevent the clock from running out.

We handle a wide range of personal injury cases where a client was injured by another party’s negligence, including:

• Vehicle accidents
• Slip and fall injuries
• Medical malpractice
• Product liability
• Premises liability
• Wrongful death
• Dog bites.

Whether you think an accident falls into one of these common categories or not, if you suffer an accident caused by another party, it’s important to contact our legal team as soon as possible. Even if your case is resolved through the insurance claim process, insurance companies can take advantage of these time limits to reduce your compensation or deny your claim. That is why we move as quickly as possible once you contact us, so that you never have to worry about the time limits.

Give Us a Call to Learn How to Get Ahead of the Statute of Limitations in Alabama

At Caldwell Wenzel & Asthana Injury Lawyers, our personal injury trial lawyers in Mobile, AL, have experience with the tactics used by insurance companies to get you to settle for less, as well as their attempts to run out the clock on the statute of limitations. We are familiar with all personal injury statute of limitations laws in Alabama and can fight to ensure an insurance company doesn’t take advantage of them to unfairly deny you compensation.

We offer a free consultation to discuss the circumstances of your case and determine the best way to proceed to get you the settlement you deserve. We work on a contingency basis, so there are no fees until we win your case. Call Caldwell Wenzel & Asthana Injury Lawyers at (251) 444-7000 to schedule a free consultation with our team today.