Whether you’ve been in a car accident, injured on the job, or a victim of medical negligence, there’s a deadline you must meet to file a personal injury claim. In Alabama, you have two-years from the date of your injury to file a lawsuit under the statute of limitations for personal injury. Missing this deadline usually means losing your right to pursue a claim entirely. If you suffer a personal injury in Alabama, it’s important to understand how these deadlines apply to your specific case.
What is the Statute of Limitations in Alabama?
The statute of limitations is the timeframe in which a plaintiff (the person bringing the case) has to file a lawsuit. The legal system uses these limits to help ensure fairness. Over time physical evidence can be lost, witnesses may move, and memories can fade. By setting clear deadlines, courts help ensure cases are decided based on recent, reliable evidence rather than outdated or incomplete information.
If you’ve suffered an injury due to no fault of your own, it’s important to speak with a Birmingham, Dothan, Huntsville, or Montgomery, Alabama, personal injury attorney at Wettermark Keith. Exceptions to the two-year statute of limitations in Alabama include:
Claims Against Government Entities
If your injury involves a city, county, or state government entity, the rules change significantly.
- Municipalities (Cities)⎯You must file a claim within six months of the injury.
- Counties⎯You must file a claim within one year of the injury.
- State Government⎯Claims against the State of Alabama must be filed with the Board of Adjustment within one year.
Minor Has Been Injured
If the injured person is a minor (under the age of 19 in Alabama), the statute of limitations pauses. The time limit usually starts when the individual turns 19. However, in Alabama, medical malpractice claims involving minors are subject to specific exceptions and limitations that can restrict the time allowed for filing.
Alabama Discovery Rule
The discovery rule in Alabama is a legal doctrine that delays the statute of limitations (the deadline for filing a lawsuit) until a plaintiff discovers, or reasonably should have discovered that they have suffered an injury.
What is Alabama’s Wrongful Death Statute of Limitations?
Alabama’s wrongful death statute of limitations sets the deadline for filing a wrongful death lawsuit. In most cases, a claim must be filed within two-years of the date of the person’s death. The lawsuit must be brought by the personal representative of the deceased’s estate to seek damages for the wrongful act, omission, or medical negligence that caused the death. This deadline is strictly enforced, and missing it usually means you lose the right to pursue the claim. Because of the deadline, it is important to consult a medical malpractice attorney at Wettermark Keith as soon as possible to help ensure the case is filed within the required time frame, and the estate’s rights are protected.
What Happens If You Miss the Filing Deadline Under Alabama’s Statute of Limitations?
Missing the statute of limitations deadline can have serious and permanent consequences. If you attempt to file a lawsuit after the two-year window (or applicable exception) has closed, the defendant will likely file a “motion to dismiss” your case.
The court will review the case’s timeline, and if it determines that the statute of limitations has expired, it will grant a motion to dismiss. If the case is dismissed in full, you will lose the legal right to seek compensation from the responsible party for damages including, medical expenses, lost income, and pain and suffering. Insurance companies closely monitor these deadlines, and once the statute of limitations expires, they know a lawsuit can no longer be filed. At that point, they will typically close the claim file and refuse to offer any settlement, no matter how strong the evidence you have may be.
Personal Injury Attorneys in Birmingham, Dothan, Huntsville, & Montgomery, Alabama
If you or a loved one has suffered an injury due to someone else’s negligence, contact Wettermark Keith’s Alabama personal injury attorneys right away. Document the details of your accident, keep records of your medical treatments, start a journal to document how the injury has affected your daily life. Our attorneys will start working on your case right away by collecting evidence, medical records, and talking to witnesses. Alabama law can make it difficult to win personal injury claims, which is why having the right lawyer on your side can make all the difference. At Wettermark Keith we’re here to get you the justice you deserve. Contact a personal injury attorney in Birmingham, Dothan, Huntsville, or Montgomery 24/7 by calling us at (877) 455-4518 or filling out our online form for a free case consultation.
Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. For specific guidance regarding your situation, consult a licensed attorney.
