Alabama’s personal injury statute of limitations is the legal deadline by which claimants must file their lawsuit against the liable party. Enforcing a time limit safeguards the liable party from receiving unfair treatment during legal proceedings. As such, witnesses may misremember the details of what happened, or the evidence could be compromised or lost, potentially putting them at an unjust disadvantage.
The state generally allows two years from the day of injury to file a personal injury lawsuit. Some exceptions may apply, depending on the circumstances of the case. Our Alabama personal injury attorney can figure out how much time you have to file a suit and help you comply with the deadline.
What Happens When You Don’t Meet Alabama’s Mandated Deadlines
It’s imperative that you get started on your case as soon as possible. Otherwise, the state will bar you from seeking compensation from the other party. They would no longer bear responsibility for reimbursing you for your losses. You would instead.
Don’t wait to get a lawyer on your case. With enough of a heads-up, our team can build and submit your lawsuit on time.
The Statute of Limitations on Personal Injury Cases in Alabama
All states impose a statute of limitations on personal injury lawsuits. According to AL Code § 6-2-38, it’s generally two years from the day you suffered the injury.
However, there are times when you would have more time to file suit. For example, you may qualify for the discovery rule. This rule could apply to your case if you didn’t realize you were injured at the time or there was no way you could’ve discovered the injury. In that case, the statute of limitations would begin on the day of discovery.
Other circumstances that may extend the statutory deadline are if someone younger than 19 or an otherwise legally disabled person was injured in the incident. In addition, the claimant may have more time if the responsible party left Alabama. The clock would start running upon their return.
Other Important Deadlines to Be Aware of in Alabama
Depending on the nature of your case, the personal injury statute of limitations may not apply to you.
Wrongful Death
Wrongful death falls under the umbrella of personal injury. If you lost a loved one to an accident, you may qualify to file a wrongful death lawsuit. Like personal injury, this deadline is usually two years, per AL Code § 6-5-410. However, it starts on the day the decedent passed away. Note that this day may differ from the day they were hurt.
For example, if your loved one was hurt in a slip and fall on October 1, 2024, but they succumbed to their injuries on November 1, 2024, the statute of limitations would generally end on November 1, 2026.
Workers’ Compensation
If you were injured at work, you cannot sue your employer. Instead, you’d have to file a workers’ compensation claim with them. AL Code § 25-5-117 states employees usually have up to two years from the day of injury to act.
A lot of nuances exist with workers’ compensation claims, as sometimes workers can sustain injuries or illnesses they’re not aware of for years. If you’re having trouble determining how long you have to submit your claim, our Alabama workers’ compensation lawyer can figure it out with you.
Alabama’s Contributory Negligence Doctrine on Personal Injury Cases
In addition to the statute of limitations, you should also be aware of Alabama’s contributory negligence laws. Under this legal doctrine, the plaintiff must prove that the defendant is 100% to blame for the accident that caused their injury. If their actions partially contributed to it, the state will not permit them to collect any compensation from the defendant.
Proving Negligence in an Alabama Personal Injury Case
Within the time frame allotted by the statute of limitation, you and your attorney must develop your case for compensation. You must prove how the other party is negligent. Without proving the other party’s negligence, your case ceases to stand. Negligence is the backbone of all personal injury cases, and it consists of the following four main elements:
Duty of Care
The other party was to provide you with the utmost duty of care. That is, they had an obligation to act with your best interest in mind.
For instance, a driver must follow all traffic signals, adjust their driving to the road conditions, and always pay attention to the road to avoid an accident. Another example would be a store owner ensuring their store is hazard-free by removing any unsafe condition as soon as they’re aware of it.
Breach of Duty
Here is where the negligence occurred. The other party breached their duty of care, failing to fulfill their obligation. Using the aforementioned examples, let’s say the driver got distracted and didn’t stop at the red light or that the store owner knew about a spill on the floor but didn’t clean it up and warn patrons in time.
Causation of the Incident
This negligence ultimately led to the incident that caused your injuries. Because the driver didn’t stop and ran the red light, they ended up T-boning you. Alternatively, since the store owner didn’t properly address the spill, you slipped and fell.
You’ll have to present different forms of evidence that demonstrate that the other party’s careless action or inaction caused the accident. Depending on the type of case you have, you may need to gather the following:
- The incident or police report
- Witness statements
- Medical records
- Accident reconstruction analysis
- Video footage
- Photographs of the scene and your injuries
- Expert witness testimony
You may have other information that can help your case. If so, bring it to your attorney’s attention. Sometimes, the most seemingly insignificant details can make a big difference in your case.
Injuries and Damages
Personal injury claimants may deal with various injuries from their accidents, such as:
- Burns
- Strains and sprains
- Broken bones and fractures
- Soft tissue injuries
- Traumatic brain injuries (TBI)
- Internal bleeding
- Spinal cord injuries
- Lacerations
These injuries can take a financial, physical, and emotional toll on the victims. It’s not fair for them to figure out how to take care of themselves without any assistance. If you were hurt in an accident, you may file an insurance claim or lawsuit for compensation. How much your personal injury case is worth and what you can get will be based on your circumstances. Still, it’s common to recover damages for:
- Medical bills for past, current, and expected care
- Loss of income, be it hourly, salary, bonuses, or benefits
- Reduced earning capacity to account for the pay you would have earned had the accident didn’t occur
- Property damage if your vehicle needs repairs
- Pain and suffering for the physical pain your injuries inflict on you
- Mental anguish for any trauma you’re experiencing
Your lawyer will account for all of your damages when they request your settlement from the insurance company. He will negotiate with them until they reach common ground.
Get Help With Your Alabama Personal Injury Case Today
The two years given under Alabama’s personal injury statutes of limitation may seem like a lot of time, but it will go fast. However, we can help. The Law Office of Dwayne L. Brown has over 30 years of experience handling these cases, and we’re here to empower you with the knowledge to make good decisions.
Contact us today. We offer free consultations, and there is no obligation.
