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Are There Exceptions to Alabama’s Personal Injury Statute of Limitations?
Although the statute of limitations for most personal injury claims is 2 years from the date of the injury, several exceptions can extend or modify this timeline.
In cases where the victim’s injuries are not immediately apparent, the statute of limitations may begin at the date the injury was discovered, rather than the date of the accident.
Cases may have a modified statute of limitations for individuals with specific circumstances including:
- Incapacitated Individuals: If the victim is legally incapacitated, the statute of limitations may be paused until their disability is resolved.
- Government Claims: If the defendant is a government entity, there may be special notice requirements and shorter deadlines. Claims against a city, for example, usually require that a notice of claim be filed within 6 months.
- Minors: If the injured person is younger than 19, the statute of limitations may be paused until they turn 19.
Alabama law treats wrongful death claims differently, emphasizing punitive damages rather than compensatory ones. The statute of limitations for wrongful death cases is 2 years from the date of death, NOT from the date of the injury that caused death.
What Happens If You Wait Too Long?
If you fail to file your claim within the statute of limitations, your case will likely be dismissed by the court. This means you forfeit the opportunity to seek compensation for your injuries, regardless of the validity of your claim.
Involving a lawyer as soon as possible allows you to file on time, gives you a better chance of receiving maximum compensation, and allows your lawyer to begin investigating the incident and gathering evidence before it disappears. If you’re unsure whether you still have time to file a lawsuit, contact Long & Long Injury Attorneys right away.
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What If You Were Partially at Fault?
Alabama follows a contributory negligence rule, which is one of the most stringent fault standards in the United States. Under this rule, if the injured party is found even 1% at fault for their own injuries, they are prohibited from recovering compensation. Because of this strict standard, working with an experienced attorney is essential to mitigate allegations of shared fault.
Find Out If You Still Have Time to File
Understanding the nuances of Alabama’s personal injury laws can be challenging, especially when exceptions to the statute of limitations may apply. If you’re unsure about your case’s timeline or eligibility, discuss your case with Long & Long Injury Attorneys for free today. We handle personal injury cases in Mobile, Orange Beach, Gulf Shores, Foley, Daphne, Fairhope, Robertsdale, Loxley, Spanish Fort, Bay Minette, Malbis, and throughout Alabama; our team can offer guidance on how much time you have to file your claim and what steps to take.