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To understand what is the statute of limitations for a personal injury case in Alabama, the most direct answer can be found in state law. Ala. Code. Sec. 6-2-38 defines the statute of limitations for personal injury cases as generally two years. This means that if you want to sue a party that caused you harm, you must file the lawsuit within two years of the date of your accident, unless there are exceptions that apply.
It is most important to pay attention to this deadline and speak to an Alabama personal injury lawyer as soon as possible. If you or a loved one was injured due to another party’s negligence or fault, you may be entitled to compensation for your monetary losses and pain and suffering through insurance or a lawsuit. However, if you do not file your claim within the two-year period, the attorney for the defendant (the party you are suing) will ask the court to dismiss your case, and the chances are they will do so. Even if you are trying to collect from insurance, you will have lost the leverage in negotiations of being able to threaten to take your case to court.
The seasoned personal injury lawyers at Caldwell Wenzel & Asthana understand the importance of getting a quick start in every personal injury case. In addition to working within the statute of limitations, we need time to investigate and build your case, and it is essential to begin investigations while evidence is still fresh and available and witnesses can be found. The sooner you contact us after the accident, the sooner we can get to work and the greater the chances we can get the information we need to fight for justice and maximum 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 at (251) 444-7000 to schedule a free consultation with our team today.
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, and personal property losses, as well as pain and suffering.
Our attorneys understand what you are going through and know that a successful personal injury case can alleviate the financial problems you may be facing, so you can concentrate on your recovery. We can help by:
We will ensure that that everything is done within the statute of limitations. Be aware that, generally, the two-year time limit to file a lawsuit begins to runwhen the accident causing the injury occurred. You do not have to have your case heard or tried within the two-year limit, but we do have to file your lawsuit within this period.
We handle a wide range of personal injury cases where you were injured by another party’s negligence, including:
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. These include:
If you were harmed by a government employee or agent, there are special time limits and procedures. In Alabama, a formal claim against …
If the claim is against the federal government, a claim must be filed within two years of the accident. If your claim is denied, you then have six months from the date of denial to file a lawsuit. A formal claim is typically an administrative process that precedes the filing of a lawsuit, and it must be done properly or you may not be able to file a lawsuit later.
If the injured person is a minor under the age of 19 or has been declared “insane,” 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.
If the defendant responsible for your injuries is absent from Alabama at any point after the underlying accident, the period of absence probably won’t be counted as part of the two-year filing period.
In some cases, such as where damage created from a doctor’s malpractice does not manifest itself until after two years from the date of the procedure, the statute of limitations can be extended to start when the plaintiff becomes aware of the injuries.
Alabama laws relating to personal injury are complicated, and insurance companies will always try to get you to settle for as little as possible, so it makes sense to have a seasoned personal injury lawyer on your side. If you contact our team of experienced attorneys soon after your injury, we will make certain your personal injury case is filed before the statute of limitations runs out.
At Caldwell Wenzel & Asthana, our personal injury trial lawyers in Mobile, AL, are highly experienced at going toe-to-toe in the courtroom with insurance companies, product manufacturers, transportation firms and other large entities and individuals who have negligently caused injury and accidents involving our clients, and we do so within the framework of the Alabama statute of limitations.
Time is of the essence, so don’t delay. Call us at (251) 444-7000 to schedule a free consultation with our team today.