November 14th, 2019
Alabama has a law on the books that establishes a specific deadline for filing a personal injury lawsuit. That law technically is known as the statute of limitations. In Alabama, a personal injury lawsuit must be filed within two years from the date of the accident, according to the Code of Alabama. As a general rule, and as is discussed in a moment, there are no exceptions to this deadline.
Failure to File a Lawsuit within the Statute of Limitations Time Period
If a lawsuit is not filed within the two-year time period established by Alabama law, you can forever be precluded from suing the party or parties that caused the accident that resulted in your injuries. The statute of limitations law is what is known as "jurisdictional." This is a legal term that means when the two-year period of time passes, a court generally will never have jurisdiction over your case. The court cannot consider your case any longer.
Exceptions to the Two-Year Statute of Limitations in Alabama
There are some isolated exceptions to the two-year time period established by the Alabama statute of limitations. The most common exception is if a person was injured as the result of someone else's negligence but doesn't discover the associated injury with the two-year time period, according to the Cornell University School of Law.
If a person discovers an injury caused by someone else's negligence after the lawsuit filing deadline has come and gone, another test is applied to allow a case to proceed after that time period. The failure to discover the injury must have been reasonable. In other words, no reasonable person would have known about the injury in the same set of circumstances you face.
If a person is injured as a child, the statute of limitations can also be extended. A lawsuit can be pursued while a person is still a child. A parent or guardian files a lawsuit on behalf of a minor child.
A person also has the ability to wait until an individual reaches adulthood. The deadline can be extended to two years beyond an individual's 18th birthday in such a situation.
Protect Your Legal Interests with Experienced Alabama Personal Injury Attorneys
If you or a loved one has suffered a personal injury as the result of someone else's negligence, you best protect your legal interests by being proactive in retaining the services of experienced, tenacious Alabama personal injury attorneys. The legal team at Cloud, Ryan & Rouse will schedule an initial consultation with you and provide a thorough case review. A consultation can be scheduled any time that is convenient for you.
There is no charge for an initial appointment with Cloud, Ryan & Rouse. In addition, the firm charges no fee unless a favorable settlement or judgment is obtained in your behalf.