Auto AccidentsIn most cases, you have two years from the date of your injury to file a personal injury claim in Alabama. We call this time period the “statute of limitations.”
For example, if you were injured in an trucking accident on January 1, 2024, you must file your case before January 1, 2026.
Of course, there are several exceptions to the general rule depending on the circumstances or who the parties are.
Wrongful Death Cases
If the negligent act caused the victim to die, the personal representative of the victim’s estate has two years from the date of death to file a wrongful death lawsuit.
Minor Children
The statute of limitations tolls until the injured minor is 19 years old. On their 19th birthday, the cliamant has two years to file a lawsuit against the negligent party.
People With Mental Disabilities
In Alabama, if the injured party is legally “insane”, incompetent, or lacks capacity, the statute of limitations is tolled until they are delcared mentally sane.
From that point forward the injured party has two years to file a personal injury lawsuit.
Claim Against a City or Town
If the negligent party is a municipality, you only have six months to properly present a claim to the municaplity. Failure to file within six months case will result in your claim being time barred.
Claim Against a County
In Alabama, you have twelve months from the date of injury to file a claim against a County.
Claim Against Someone Who Died
If the at fault party dies, you have six months from the beginning of their estate’s probate process to file a lawsuit.
Alabama’s Discovery Rule
Alabama’s “discovery rule” can extend the deadline to file a claim from the date the injured party reasonably discovers their injury or its cause.
For example, if a passenger of a vehicle was injured in a car crash and later discovered the cause of their injury was a defective airbag, the discovery rule could extend the statute of limitations one year from the date the injured party reasonably discovered (or should have discovered) the defect.
The discovery rule varies depending on the situation so contact Fob James Law Firm to discuss your particular case.
Contact An Experienced Personal Injury Lawyer For Help
The statute of limitations can be complex. A simple misunderstanding can bar your claim forever.
The best way to ensure your case is filed promptly is to contact an Alabama personal injury attorney.
Fob James Law Firm has over 40 years of experience with personal injury cases in Alabama.
We understand the stress and frustration that come from such a challenging time, and we’re here to help in any way we can. Our firm takes on fewer cases to give each case the time and attention it deserves.
We give you the care and compassion you need while aggressively fighting for your rights. Our firm offers free case evaluations. Contact us online or call our firm at (205) 407-6009 today, and let’s discuss your case.
Fob James
Fob James obtained a B.S., in software engineering from Auburn University and then continued his education by getting his J.D. from Vanderbilt University School of Law. After working for a large regional firm for several years where he obtained awards for both individual and corporate clients, Fob found that his passion was fighting for individuals who have been seriously injured or wronged by others. Fob believes that the jury is the great equalizer to the power and influence that large corporations have in society.