If you got hurt in an accident someone else caused, you likely have more going on than you feel like you can handle. It may be exhausting to even think about filing a claim against the at-fault party just yet. But delaying action can be a big mistake. You may be wondering, “How long do I have to file a personal injury claim?” You don’t have unlimited time to act, and delaying too long can cost you.
About Alabama Statute of Limitations for Personal Injuries
The Alabama statute of limitations for personal injury lawsuits sets a deadline for filing a claim. Even if you’re still getting medical treatment, unsure of the long-term impacts of your injuries, or dealing with insurance companies, you have to keep the deadline in mind.
An Alabama personal injury lawyer can help you understand which deadline applies to your case, but some of the typical deadlines in these cases are set out in the following statutes:
- Alabama Code § 6-2-38(l) – Most personal injury claims based on injury to the person or rights of another must be filed within two years.
- Alabama Code § 6-2-38(a) – Wrongful death actions brought by a representative must be filed within two years from the date of death.
- Alabama Code § 6-5-482 – With limited exceptions, medical malpractice claims generally must be filed within two years.
Keep in mind that these laws establish filing deadlines for lawsuits, not for insurance claims. Waiting too long in either case can leave you with fewer options.
Are There Any Exceptions to the Standard Deadline?
There are some exceptions to the personal injury claim time limit in Alabama. For example, state law gives a minor or legally incapacitated person three years from the end of their disability to file a lawsuit. However, in no event can a case be filed twenty years after the grounds to file a case arose. Some medical malpractice cases can also involve a limited discovery rule exception. The Alabama statute of limitations discovery rule applies when the victim could not have reasonably discovered their injury right away. In such cases, the statute of limitations might not begin until the injury was or should have been discovered.
Not all exceptions involve longer deadlines. Claims involving government entities may have separate notice requirements that can come up much sooner than the lawsuit deadline. All of these exceptions are narrow, and they depend entirely on the facts of the case.
What Happens If You Miss the Deadline?
Missing the deadline to file a lawsuit after a personal injury puts your ability to recover compensation in jeopardy. Alabama courts don’t allow cases to proceed if they were filed late. While the statute of limitations doesn’t apply to insurance claims, insurers have little reason to pay full compensation without the potential threat of a lawsuit hanging over them. For these reasons, it’s important to initiate the necessary legal action as soon as possible after an injury accident to preserve your right to financial recovery.
Contact an Experienced Personal Injury Attorney Today
If you suffered injuries in an accident due to another party’s negligence, you may be entitled to financial compensation for your losses, but you have to act quickly. Contact Collins Law, LLC to discuss your legal rights and options with a skilled Alabama personal injury attorney during a free consultation.
