If you want to pursue legal action after a personal injury accident, you’ll need to do so within the statute of limitations. This is a legal deadline for filing lawsuits. It ensures that parties take legal action within a reasonable timeframe after an accident while evidence is fresh.
Understanding the statute of limitations for personal injury in Alabama can help protect your right to compensation. An experienced personal injury attorney in Mobile, AL, can help you adhere to all relevant deadlines and keep your case on track.
Why Are Statutes of Limitations in Place?
Why does the government place a deadline on the amount of time you have to take legal action? You may initially see the statute of limitations for personal injury as unfair or unnecessary. Yet many benefits arise from the statutes of limitations that make this rule necessary for the majority of legal cases, including the following:
- Protects defendants against unfair legal action: Placing a deadline on legal action prevents plaintiffs from taking unfair or unreasonable action against defendants when they may no longer have access to the evidence or resources necessary to defend themselves.
- Ensures that lawsuits happen while evidence is fresh: Taking legal action while evidence is still readily available makes the process easier for all parties involved. The longer you wait, the less evidence you will have to directly tie the defendant’s actions to your accident and injuries.
- Promotes prompt action: The aftermath of a personal injury accident can be burdensome, and you may feel tempted to delay the legal process as long as possible or until you are “ready.” The statute of limitations for personal injury helps encourage plaintiffs to take prompt legal action instead of continually delaying the process.
- Creates closure: The filing deadline helps create closure for all parties involved. The defendant won’t have to wonder whether you will take legal action years down the road, and you won’t have to ask “What if?” about pursuing compensation in the future.
What Is the Statute of Limitations for Personal Injury in Alabama?
Each state sets its own statute of limitations for different types of personal injury cases. In Alabama, the statute of limitations is generally two years from the date of injury. This applies to all of the following types of cases:
- Car accidents
- Slip-and-fall accidents
- Premises liability incidents
- Medical malpractice incidents
- Product liability cases
- Wrongful death
Meanwhile, the statute of limitations for those under a contract is, in a number of situations, six years.
The clock typically starts ticking for the statute of limitations on the day the injury happened.
If this legal timeframe has already passed, talk to an experienced personal injury attorney about your options.
What Do You Have To Do Before the Statute of Limitations Deadline?
The statute of limitations is essentially a filing deadline. You do not have to complete your legal case within two years of the accident date; instead, you simply need to file your lawsuit by this deadline.
A skilled personal injury attorney can walk you through these steps and ensure you adhere to the statute of limitations for personal injury.
Exceptions to the Statute of Limitations
If the two-year deadline has already passed since your personal injury accident, explore the possibility of meeting one of Alabama’s exceptions to this rule. A few instances may allow you to extend the statute of limitations, depending on the case, such as:
- Legal disability: Under Alabama law, if you were experiencing “legal disability” for any period after the accident, the clock may not start ticking until you were declared mentally sound.
- Underaged: If you were under the age of 19 when the accident happened, you may have until two years after your 19th birthday to file negligence claims.
What If You Don’t Qualify for Any Exceptions to the Statute of Limitations?
Alabama’s statutes of limitations are strict, and few exceptions exist to this deadline. If two years have passed since your accident and you don’t qualify for any exceptions, it may still be worth reaching out to a personal injury attorney for guidance on your next steps. They may be able to verify whether you still may be eligible for compensation.
If two years have not yet passed since your accident, schedule a case evaluation with a qualified Alabama attorney as soon as possible. They can review your personal injury accident and advise you on your potential case outcomes from a lawsuit. If they believe you have a solid case, you can file your lawsuit and avoid missing the deadline.
Jackson & Foster Law: Experienced Personal Injury Attorneys in Mobile, AL
Adhering to the statute of limitations for personal injury is an important step in seeking compensation after an accident. Hiring a qualified attorney is another.
At Jackson & Foster Law, we skillfully represent accident victims across the greater Mobile, AL, area. We can help you seek comprehensive damages to cover your medical bills, property damage, pain and suffering, and more.
We offer affordable legal assistance with low fees, backed by nearly 40 years of experience as practicing trial lawyers. Contact us today at 251-433-6699 to schedule a case evaluation.
