How Long After an Accident Can You Sue in Alabama?

All Birmingham personal injury attorneys must follow certain rules. One of the most important rules is the statute of limitations. This law dictates how long you must file a lawsuit after an accident. If you’re wondering how long after an accident in Alabama you can sue the person who harmed you, the usual answer is two years. However, this rule has some notable exceptions; understanding them is vital for your personal injury claim. Below is a comprehensive guide to the Alabama personal injury statute of limitations.

Why Does Alabama Have a Statute of Limitations for Personal Injury Claims?

Alabama’s statute of limitations on personal injury claims helps ensure victims file lawsuits within a reasonable time frame. This legal deadline encourages people to pursue their claims promptly, which helps preserve the quality of evidence and witness memories. Over time, physical evidence can be lost, and witnesses may forget critical details, making proving a case difficult. Filing a personal injury lawsuit within the statute of limitations helps maintain your claim’s accuracy and integrity.

The statute of limitations also provides clarity and closure for everyone involved. By limiting the time to sue, Alabama prevents cases from being brought up years after the inciting incident. This protects defendants from the challenge of defending themselves when memories have faded and records may be harder to access. The two-year deadline helps keep the justice system efficient so cases can proceed without overwhelming the courts.

Finally, the statute of limitations gives you, as the injured party, a clear timeframe to understand your options. Knowing how long you have to file allows you to make informed decisions about pursuing compensation. This deadline serves as a reminder that while recovery is essential, acting sooner rather than later is essential for securing the needed evidence.

What Happens if You Miss the Deadline to File an Alabama Personal Injury Lawsuit?

Missing the deadline to file a personal injury lawsuit in Alabama can have severe consequences. If you file after the statute of limitations has expired, the courts will likely dismiss your case. That means you lose your right to seek compensation through a lawsuit, leaving you responsible for all your medical expenses, lost wages, and other losses from the accident.

Furthermore, losing the chance to pursue legal action limits your leverage in negotiations with insurance companies. A lawsuit is a significant risk for insurance companies, often leading them to settle a case before a trial. Without the option of filing a lawsuit, insurers may feel less pressure to offer fair settlements.

It’s crucial to know that exceptions to the statute of limitations are rare in Alabama. While some circumstances might extend the filing deadline, these are limited and don’t apply to most personal injury cases. Acting quickly can help you avoid missing the deadline and ensure you protect your right to seek compensation.

Exceptions to the Statute of Limitations for Alabama Personal Injury Claims

Don’t count on being able to file a personal injury lawsuit if over two years have passed since the accident. However, there are some important exceptions to the two-year statute of limitations, such as:

• Discovery Rule: If your injuries aren’t immediately apparent, the statute of limitations may start from when you discovered or should have reasonably discovered them. However, Alabama’s statutes of repose limit your ability to file a lawsuit after discovering hidden injuries in some cases. In general, you must file a product liability lawsuit within 10 years of the injury’s occurrence, even if you didn’t discover the injury lawsuit. Similarly, most medical malpractice cases have a time limit of four years from when the injury occurred, regardless of when you discovered the injury.
• Minor Plaintiffs: When the injured party is a minor, the statute of limitations doesn’t typically begin until they turn 19 (Alabama’s age of majority). This exception allows children who sustain severe injuries to file a claim once they reach adulthood.
• Mental Incapacity: If an injured person is mentally incapacitated at the time of the accident, the two-year countdown pauses until they recover. This exception helps ensure that people with mental limitations have a fair chance to file a claim.
• Defendant Absence: If a defendant leaves Alabama after an accident before a lawsuit can be filed, the two-year countdown pauses while they’re out of state. This exception prevents defendants from avoiding legal action by fleeing the state.
• Fraudulent Concealment: If a defendant deliberately conceals their involvement in an accident or provides false information to delay a claim, the injured party has more time to file a lawsuit. This rule prevents defendants from avoiding accountability through dishonest actions.

When to Talk to an Attorney About Your Alabama Personal Injury Claim

The sooner you talk to an attorney, the more they can do to protect your rights and maximize your compensation. Building a strong personal case takes time, and you want to give your lawyer as long as possible to investigate. Furthermore, acting quickly after an accident can help you recover compensation more quickly, lessening your financial burdens.

The primary risk of waiting too long to talk to a lawyer is that you could miss the deadline to file a lawsuit. If that happens, you’ll likely lose your chance to recover compensation for your injuries. Talk to an attorney as soon as possible to avoid unnecessary complications with your case.

How Our Lawyers Can Protect Your Right to Compensation

If you haven’t talked to a lawyer about your Alabama personal injury case, Birmingham personal injury attorneys at Farris, Riley & Pitt, LLP are ready to protect your rights. We’ll thoroughly investigate the incident to identify the liable parties and determine how much time you have to act. From there, we’ll gather additional evidence and handle all settlement negotiations with the insurance companies. That way, you can focus on healing and rebuilding your life.

Farris, Riley & Pitt, LLP has decades of experience handling Alabama personal injury cases and can help you recover fair compensation for your losses. Call us today at (205) 324-1212 for a free consultation, or contact us online.

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