Alabama Statute of Limitations Personal Injury
When you have a personal injury claim from a car accident or another incident where someone else’s negligence has caused you harm, it may be met with a low settlement offer or even a denial from the insurance company. At that point, you’ll need to file a personal injury lawsuit to seek compensation.
However, the statute of limitations may not leave you with much time to take legal action. It is important to understand the personal injury claim time limit in Alabama or you could be barred from this financial recovery. Hedge Copeland, P.C., is an Alabama personal injury law firm committed to providing dedicated legal representation for victims of accidents and negligence.
In this blog post, we provide information on the Alabama injury lawsuit deadline and discuss the rare exceptions that may apply in regard to the statute of limitations for your Alabama personal injury lawsuit.
Definition and Importance of a Statute of Limitations
The statute of limitations in personal injury cases is a time limit that is imposed to seek compensation from the at-fault party. The reason for having a statute of limitations in personal injury cases is to ensure that these legal disputes are resolved in a reasonable span of time.
It is beneficial to you as the injured party as well since the passage of time can cause evidence to fade and become less reliable. Lost evidence and fading memories of witnesses are other key factors as to why there is a statute of limitations set for personal injury lawsuits.
This filing deadline is important for preventing personal injury cases from dragging on, allowing accident victims to restore their financial losses and move forward with life.
Specifics of the Alabama Statute of Limitations for Personal Injury Claims
Under Alabama law, the statute of limitations for a personal injury lawsuit generally allows for two years from the date of the accident or injury. This two-year statute is also imposed in wrongful death cases, starting on the date of the wrongful death.
Injured victims with a personal injury lawsuit are always urged to consult with a personal injury attorney as soon as possible after the accident occurs. In this way, it can help you prevent the severe consequences of missing the deadline. You will not be able to collect compensation if you file after the statute of limitations has passed in most personal injury cases. However, there are a few exceptions to the rules.
Exceptions to the Alabama Personal Injury Statute
For the most part, the statute of limitations is set in stone, though there are exceptions that allow you more time to take legal action.
If you were involved in a car accident and the defendant leaves Alabama, you may be granted additional time to file your claim. In such cases, the statute of limitations may be paused, or “tolled,” until the defendant returns to the state, ensuring that you still have a fair opportunity to seek compensation for your injuries and damages.
You Didn’t Know an Injury Occurred
In most personal injury claims, it is obvious when a victim sustains injuries. However, that may not always be the case. Starting the clock for the statute of limitations can only truly begin for a personal injury when you become aware it exists. Known as the discovery rule, this exception to the statute of limitations may apply if you did not see the injury occurred when it happened, or you couldn’t have discovered the injury, even if you were diligent in seeking medical care to look for signs and symptoms after the accident.
This rule for discovery does not always apply in cases involving personal injury. It is always in your best interest to contact an attorney early on when you are still in the insurance claim process to determine your legal options.
Medical Malpractice and the Discovery Rule
Medical malpractice cases are most often the ones that will be able to utilize discovery. Medical malpractice claims may not be immediately apparent from the date of injury or harm. There is a statute of repose that limits you from filing a lawsuit more than four years after malpractice has occurred.
Product Liability Claims
Dangerous products are assigned a shorter statute of limitations than other cases, from wrongful death to cases involving automobile accidents. An injured party has one year from the date they were injured to bring a lawsuit against the original seller of a product that is dangerous or defective.
Discovery may apply if this injury developed over time rather than being a traumatic accident. However, the legal process for claims like this can be even more complicated, making the need to hire an experienced attorney even more imperative.
Other Reasons for Extended Deadlines when Filing a Personal Injury Lawsuit
An injured party may also be able to extend the deadline set by Alabama law in other circumstances. Those under the age of 19 or a person who is considered insane by the definition of the law are deemed to be legally disabled and incapable of handling their own legal affairs. In these circumstances, they can file a personal injury case when the disability ends.
Alabama law also addresses circumstances when a defendant leaves the state. The clock stops and resumes when the defendant returns to the state.
Ultimately, before you file a personal injury lawsuit, you should contact a reputable Alabama personal injury law firm for a free consultation to make informed decisions.
Steps to Take Immediately After an Injury to Preserve Legal Rights
In order to recover compensation for your medical expenses, lost income, emotional distress, and other financial burdens, you must take the proper steps after you sustain injuries.
Report the Accident
If you are in a car crash, you’ll want to call 911 to get police officers to respond to the scene. They will complete an accident report that can serve as vital evidence in your claim. In the event that you endured a slip and fall or were injured by a product, different rules apply. You’ll want to contact the owner or manager to file a report and make sure that you have a copy of your own for your records.
Seek Immediate Medical Treatment
Many people who become injured worry about their insurance coverage and the medical bills that will follow. It is critical to put your health and well-being first to treat your injuries. You can’t make a claim without medical records documenting your injuries or file a lawsuit.
Alabama personal injury law requires that in order to hold all liable parties responsible for your damages, all four elements of negligence must be satisfied. These include being owed a duty of care, having the responsible party breach this duty, causation of your injuries through this accident, and suffering damages as a result of their negligence.
Additionally, since some injuries may not have any outward signs or symptoms, it is vital to seek treatment as they could become life-threatening. Make sure that you get prompt medical care and follow all doctors’ orders.
Gather Evidence
The evidence you present is directly related to your ability to command a fair settlement. It will take evidence of the medical aid you were provided, lost wages that you missed out on due to your injuries, and proof that the other parties behaved negligently to hold them as liable parties in order to file a lawsuit and pursue compensation.
Contact an Attorney at the Start of Your Claim
While some of the special rules involved with the state statutes may apply in your case, the best course of action is to discuss your legal situation with a lawyer from the start. After you are treated for your injuries, make sure you take advantage of the free consultation offered by most attorneys to determine if you have a valid claim.
This is especially important for any family member after a loved one’s death since cases involving wrongful death can face even greater challenges. Do not wait things out, and at the very least, get legal guidance from an attorney who can explain the legal options you may have available.
How an Attorney Can Help in Personal Injury Cases
No matter what you have been through when another person or entity causes you to suffer painful injuries, psychological impacts, and financial losses, the pursuit of compensation in your claim can be difficult. You should not face things alone, and having a legal advocate ensures the protection of your legal rights.
An attorney can help you in a variety of ways from the start of your claim:
Investigating and Gathering Evidence
For a large majority of victims in these scenarios, the injuries experienced are serious and require immediate treatment in the emergency room. When you or a family member are hurt in this way, it is impossible to get the evidence on the scene.
Contacting a lawyer right away ensures that you have someone focusing on strengthening your claim. They will be able to obtain evidence before it disappears, especially surveillance footage or traffic camera footage, which is often recorded to save space. The more time that elapses, the less likely it will be for witnesses to either be around or recall the events with full clarity.
Additionally, expert witnesses can be brought in using resources from the legal team. Accident reconstructionists, medical experts, and economic experts are just a few that may provide compelling testimony in your case. By hiring an attorney, you’ll have someone taking these critical steps while you focus on your health.
Negotiations with Insurers
Insurance companies will do everything they can to protect their profits, and they do so by diminishing the value of claims or denying them outright. Alabama is an at-fault state, and in motor vehicle crashes, there will be a lot of finger-pointing. Even in premises liability cases, it can be challenging to negotiate with insurers for what is fair to compensate for injuries. Your lawyer will know how to handle these various tactics to work toward a favorable outcome.
Protection from Contributory Negligence
Alabama is one of a handful of states to use the contributory negligence rule. This rule means that if you are even 1% at fault in an accident, you will be barred from collecting compensation. Many victims who have been seriously injured as a result of another party’s major negligence have been blamed for that 1% of fault even when it was not deserved, costing them their compensation.
You need someone who can stand up for your legal rights and build a strong case on your behalf, allowing you to collect the full amount that you deserve. Without an attorney, you may be stuck sinking further into debt, all because of someone else’s negligent actions.
How Hedge Copeland, P.C. Can Help
Time is ticking to take the actions needed to protect your legal rights and file while the statute of limitations allows. Hedge Copeland, P.C., provides the personal attention you need in your time of need. We prioritize our client’s needs and stand up for them throughout the process to fight for what is fair.
Why should you be blamed for an accident you did not cause and take on the burdens of these bills and financial losses? Our team works to diligently develop a strong case strategy based on the evidence while abiding by the limits on time set for these cases in our state.
If you or someone you love has been hurt in this way, contact us today to schedule a free initial consultation with no obligation to learn more about the options available.
