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After you’ve been in an accident, you have a period of time to file a lawsuit; it has a deadline that’s known as the statute of limitations. What is the statute of limitations for personal injury in Alabama? The statute of limitations is found in the Code of Alabama Sec. 6-2-38. It states that the statute of limitations for personal injury cases is two years. This means that if you want to sue someone who has caused you harm, you have a maximum of two years in which to bring your lawsuit, unless there are exceptions that apply.
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.
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 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. There are exceptions to the rule, but a majority of personal injury claims fall under the two-year filing limit. The following is a look at how our law firm can give you the support you need after an accident and take care of the most pressing matters as you or your loved one recovers from their injuries.
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 a municipality must be filed within six months of the accident. If it’s against a county, it must be filed within one year of the accident.
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 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.
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.
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 a situation like this, the statute of limitations starts when the plaintiff becomes aware of the injuries as opposed to the date of the incident.
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 make you whole again, so you can concentrate on your recovery. We can help by:
We start working from the moment you decide to retain our law firm for help with your personal injury case. 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 in order to prevent the clock from running out.
We handle a wide range of personal injury cases where you were injured by another party’s negligence, including:
Alabama laws that relate to personal injury cases are complicated, and insurance companies do their best to get you to settle for as little as possible. It makes sense to have a seasoned personal injury lawyer from our firm on your side. We’re here to protect your rights and make sure that you get the compensation that you deserve.
At Caldwell Wenzel &Asthana, 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 also pursue claims against product manufacturers, transportation firms, and any entity that may have caused injuries and accidents to our clients through negligence.
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.