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What deadlines apply to filing personal injury claims in Alabama?

On Behalf of | Jan 23, 2025 | Personal Injury

The statute of limitations plays a critical role in personal injury cases. In Alabama, it establishes a strict deadline for filing a lawsuit and ensures the timely resolution of legal matters. Understanding this law helps individuals protect their right to seek compensation for injuries caused by someone else’s negligence.

What is the statute of limitations in Alabama?

Alabama law requires individuals to file personal injury claims within two years from the date of the injury. This timeline applies to cases involving car accidents, slip and falls, and other incidents where someone’s negligence causes harm. Failing to meet this two-year deadline often results in the court dismissing the case, eliminating any chance of recovering damages.

Why does the statute of limitations matter?

The statute of limitations motivates plaintiffs to pursue claims while evidence remains fresh. Witness memories fade, and physical evidence deteriorates over time. Acting quickly allows plaintiffs to build cases on accurate and reliable information. Missing the deadline leads to lost opportunities to seek compensation for medical bills, lost wages, and pain and suffering.

Are there exceptions to the statute of limitations?

Alabama law provides limited exceptions to the two-year deadline. If the injured person is a minor or mentally incapacitated, the clock pauses until they turn 19 or regain capacity. In cases where the injury remains undiscovered, such as with medical malpractice, the deadline begins on the discovery date. However, these exceptions rarely apply and often require legal know-how to address.

Filing a personal injury claim on time is essential. Consulting an attorney immediately after an injury ensures all necessary steps comply with deadlines. Taking prompt action preserves evidence and increases the likelihood of obtaining fair compensation for injuries.