TIME IS RUNNING OUT: WHAT ARE STATUTES OF LIMITATIONS IN PERSONAL INJURY CASES?
If you or a loved one have been injured in an accident caused by a negligent individual, it is important to contact an attorney to file a personal injury case as soon as possible. The statute of limitations only gives you a certain amount of time to file your personal injury claim. Failure to meet the statute of limitations means that you will no longer be able to file your personal injury claim and recover damages. Each state has their own statute of limitations, making it extremely important to familiarize yourself with these details after experiencing an accident. Below you can find the statutes for Alabama, Tennessee, and Florida, all the states covered by Wettermark Keith, along with other pertinent information about your injury case.
WHAT IS A STATUTE OF LIMITATION?
A statute of limitations is a law that sets a specific time period during which legal action can be taken in relation to a particular event or wrongdoing. After the expiration of the time period specified by the statute of limitations, the affected party loses the right to take legal action against the person or entity responsible for the harm or injury. The specific time period for a statute of limitations varies depending on the type of case and jurisdiction, and can range from a few months to several years. The purpose of a statute of limitations is to promote timely resolution of legal disputes and to prevent individuals from being held liable for events that occurred many years ago, when memories may have faded and evidence may have been lost.
ALABAMA STATUTE OF LIMITATIONS
The Alabama Statute of limitations allows a 2 year time frame to file your personal injury claim from the date of your accident. If a minor is a part of the injured party, the time limit does not begin until the child turns 19 years old. Alabama is one of the few states that follows a contributory negligence rule. Which means that if you contributed any amount of negligence to your injury, you cannot receive any compensation for your injuries. Even if you are found to be only 1% at fault for the injuries, you cannot hold the opposing party responsible. Alabama does not put a cap on damages compensation for personal injury cases.
It is important that you discuss your accident or injury with an experienced personal injury lawyer before filing a claim. Wettermark Keith has multiple locations in the state of Alabama with dedicated personal injury lawyers ready to assist you with top legal advice. Our offices in Alabama are located in: Birmingham, Montgomery, Huntsville and Dothan.
TENNESSEE STATUTE OF LIMITATIONS
Tennessee allows a 1 year time frame to file a lawsuit. If you do not file within this time frame your case will be refused by the courts. The state of Tennessee follows the comparative negligence rule which reduces your earned compensation by the percentage you are at fault for your personal injury in the accident. It is important to note that, if you are found to be over 50 percent at fault for the accident, you will not receive any compensation. Tennessee has a cap on compensation for personal injury cases. Most personal injury cases are capped at $750,000 for non-economic damages, which increases to $1 million in cases where the victim experiences catastrophic injury. If your case involves punitive damages, your case is capped at $500,00 or two times the compensatory damages– whichever is greater.
It is important that you understand the statute of limitations for your state so that you can receive the compensation that you deserve. The lawyers at Wettermark Keith in Knoxville and Chattanooga are ready to guide you through the entire process. Contact us today to start your personal injury case.
WHAT IF I MISSED THE STATUTE OF LIMITATIONS ON MY ACCIDENT AND INJURIES?
If you missed the statute of limitations on your accident and injuries, you are most likely going to be barred from filing a lawsuit and seeking compensation for your losses for that incident. This is because the statute of limitations is a strict deadline that cannot be extended or waived, except in very rare circumstances. On occasion, there may be an exception that applies to your situation. For example, if you were a minor at the time of the accident, the statute of limitations may not begin to run until you reach the age of majority.
Due to these instances of exception, if you have missed the statute of limitations, you may still want to speak with a personal injury attorney to discuss your options. You also have the option of trying to negotiate a settlement with the other party's insurance company outside of court; however, the insurance company will be much less willing to negotiate if the statute of limitations has passed, since their legal obligation is up.
This is why it is very important to take action as soon as possible after an accident. After securing medical attention, you need to contact an attorney to seek legal advice. This will ensure that you are protecting your rights and maximizing your chances of obtaining fair compensation for your injuries and damages due to the accident.
WETTERMARK KEITH: PERSONAL INJURY LAW FIRM
The lawyers at our firm are dedicated and ready to assist you with your personal injury lawsuit. The best part is that if we do not win your case, you do not owe us anything. We are here to help you receive the compensation you deserve for your personal injury case. Contact us today for a free consultation!
Frequently Asked Questions
Yes, there is a time limit for personal injury claims, known as the statute of limitations, which varies depending on the state and type of injury. It is important to act quickly to protect your rights and ensure maximum compensation in your case.
In Alabama, the statute of limitations for personal injury cases is two years from the date of injury or discovery of injury. After this time period, an injured person generally cannot file a lawsuit seeking compensation for their injuries. There are some exceptions to this rule, so it is best to consult with an attorney if you are unsure about your specific situation.
In Tennessee, the statute of limitations for personal injury cases is generally one year from the date of injury or discovery of the injury. However, there are some exceptions and variations depending on the type of case and the specific circumstances involved. It's important to consult with a qualified attorney to determine the applicable statute of limitations for your particular case.
In Florida, the statute of limitations for personal injury cases is generally two years from the date of the injury. However, there are some exceptions that may apply, such as cases involving medical malpractice or wrongful death, which have different deadlines. It is important to consult with an attorney to determine the specific time limits that apply to your case.
If you missed the statute of limitations for your personal injury case, it's likely that your case will be dismissed by the court. Generally, the statute of limitations is a hard deadline, and there are few exceptions to it. In some cases, the statute of limitations may be extended due to certain circumstances, such as if the injured person was a minor or if they were incapacitated. However, these exceptions are rare and specific to certain situations. If you miss the deadline, you may not be able to recover compensation for your injuries, so it's important to act quickly and seek legal advice as soon as possible.
HERE'S WHAT TO DO NEXT
If you or a loved one have been injured and think you might have a case, call us now for a free consultation.