Statute of Limitations in Montgomery Catastrophic Injury Cases

A catastrophic injury often causes permanent disability or disfigurement, affecting your ability to work or live. In this situation, few survivors or families have the energy to spare for legal issues. That is why it is so important to work with a catastrophic injury attorney like Dwayne L. Brown as soon as possible. Attorney Brown could step in to ensure you file within the statute of limitations for Montgomery catastrophic injury cases while you focus on healing from your injuries.

How Long Do Survivors Have to Make Their Claims?

Under the Alabama statute of limitations, a person injured in a catastrophic accident in Montgomery has two years to file a lawsuit. The same rule applies to families filing a lawsuit for the wrongful death of a loved one following an injury.

Exceptions to the Deadline

There are a few exceptions to the statute of limitations. For a child or teenager younger than 19, the statute does not begin to run until their 19th birthday, under the Code of Alabama § 6-2-8. When someone is mentally incapacitated, the two years are also paused—or tolled—until they recover from that disability. But in any case, a lawsuit has to be filed within 20 years of the incident.

The Discovery Rule

Under the discovery rule, the statute also does not begin to run for someone who has not reasonably discovered yet that they are injured. Additionally, if a defendant flees the state, they cannot wait out the two years; the period is tolled until they return.

Special Circumstances for Insurance Claims and State Defendants

A lawyer can help you determine if a city, county, or federal government shares liability. In those catastrophic injury cases, special statutes of limitations apply for Montgomery victims. A city or town requires an injured person to file a claim within just six months, and a county requires a claim within twelve months, under Ala. Code § 11-47-23 and Ala. Code § 11-12-8, respectively. The federal government also requires potential plaintiffs to give notice of their claim within two years, then take action within six months of the response.

Insurance policies often have their own deadlines for making claims. For Montgomery auto policies, that deadline may be within days. Since the best option for many injured people is to make an insurance claim, it is wise to move as quickly as possible. However, it is also wise not to make any statements to an insurance representative before talking to an injury attorney.

Contact Our Montgomery Attorneys for Help Filing Your Catastrophic Injury Case Within the Statute of Limitations

The statute of limitations in Montgomery catastrophic injury cases does not have to be a source of stress if an attorney can start working as soon as possible after your accident. Attorney Brown has worked on catastrophic injury cases for 31 years, and he knows the timeline: what families need, what the law requires, and what a client can expect.

At our firm, the first thing you will get is honesty and clarity about your options. Whenever you need us, you will be able to get in touch directly through calls or texts. As we work on your claim, we can put you in touch with doctors and specialists who can help you heal and recover during this process. We do not charge for anything unless we can secure you a settlement or win your case in a trial. Contact us today to get started.