Tag Archive for: statute of limitations

car accident

What Happens if I Miss the Statute of Limitations for my Car Accident Injury?

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If you were injured in an auto accident, one of the most important things you need to be aware of is the statute of limitations. “Statute of limitations” refers to the deadline you have to file a lawsuit against the person or party that caused your injury. In Alabama, the personal injury statute of limitations for most cases is two years. 

When Does the Statute of Limitations Begin?

For most personal injury cases, the clock starts running on the statute of limitations from the date of the underlying accident or incident. There is a big exception to this rule, however, which would apply in cases in which an injury is not discovered immediately after the underlying event. This is commonly known as the “discovery rule” exception.

One common example of the discovery rule exception would be a workplace illness that occurs over time because of exposure to a toxic substance. When this type of situation occurs, a court may rule that the statute of limitations begins either on the date that the plaintiff discovered the illness, or on that date when the plaintiff should have reasonably known about it.

Unfortunately, the discovery rule exception is not likely to apply to a car accident case, so you should not plan on being able to use this rule to extend your deadline for an auto accident injury.  There is, however, another exception you should be aware of, which would apply to personal injury lawsuits against a government entity.

If your accident was caused (at least in part) by a government agency or entity, different deadlines will apply. If the claim is against a municipality, it must be filed within six months of the accident.  If the claim is against a county, it must be filed within one year of the accident. There is also a complicated administrative process that must be followed before filing a lawsuit against the government. If this process is not followed properly, you may not be allowed to file the suit later.

The Importance of Early Action in an Alabama Car Accident Case

If your accident just happened recently, like in the past week or two, you may think you have plenty of time to pursue an injury claim. But even though two years can seem like a long time, there are some very good reasons to act on your claim sooner rather than later:

Preservation of Critical Evidence

By organizing your claim immediately, you are better able to preserve evidence that may not be available if it is not obtained quickly. Examples may include photos of the accident scene, video footage from a stoplight camera, and records from the cell phone company of calls that were placed or texts that were sent (around the time of the accident). It is also very important to obtain statements from individuals who may have witnessed the accident. Memories tend to fade over time, and the sooner you can secure witness testimony, the better off you will be.

Avoiding Costly Mistakes

Just as important as preserving evidence is making sure you do not do anything that will damage your claim. This is especially important in a state like Alabama, where  you may be barred from recovering damages if you are found to be even 1% at fault for the accident. You can be sure that the other side will try to use the state’s defendant-friendly legal standard against you, and this is why it is absolutely essential to get an experienced attorney involved as early as possible in the process. Otherwise, an honest mistake could cost you your right to the compensation you deserve for your injuries.

Maintaining Leverage during Settlement Negotiations

While you can still settle an injury claim even after the statute of limitations expires, your chances of recovering a decent amount of compensation are seriously diminished once you pass that deadline. Insurance companies are well aware of the fact that letting the statute of limitations expire means you forfeit their right to file a personal injury lawsuit, and they will have very little motivation to present you a fair offer at that point. The sooner you retain an attorney, the sooner settlement negotiations will begin, and the sooner your claim will be paid. And if the other side is not willing to be reasonable, your attorney always has the option to take the case to trial if necessary.

Injured in an Auto Accident in Alabama? Contact M. Adam Jones and Associates for Assistance

If you or someone close to you has been injured in a car accident, contact M. Adam Jones and Associates as soon as possible to schedule a free consultation and case assessment. Call our office today at 334-581-9238 or message us through our online contact form. You may also stop by our Dothan, AL office in person at your convenience.

Time limit for Filing an Injury Claim in Alabama: Statute of Limitations

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When an individual is injured because of the negligent actions or omissions of another party, they deserve to be compensated. This typically involves negotiating a settlement with the responsible party’s insurance company or filing a personal injury lawsuit. In Alabama, there is a strict time limit for filing an injury claim. This is known as the “statute of limitations.” An injured party must initiate a legal claim within the designated statute of limitations in order to recover damages for their injury.

Damages in Alabama Personal Injury Cases

Compensatory damages that may be available in a personal injury lawsuit can be broken down into two general categories: economic damages and non-economic damages. Economic damages are those which can be quantified, such as damage to personal property, hospitalization costs, cost for surgeries and other types of medical treatment, rehabilitation, lost wages, and loss of earning capacity. Non-economic damages are intangibles that are more difficult to assign a dollar value to. Examples may include physical pain and suffering, emotional distress, and diminished quality of life. In order to recover compensation for a personal injury in Alabama, you must prove that the other party was 100% responsible. In Alabama, if you are found to be even 1% at fault for the underlying incident that caused the injury, you may be barred from recovering damages.

Alabama Two-Year Rule for Personal Injury Lawsuits

Alabama Code Section 6-2-38 sets a two-year deadline for filing a civil lawsuit for “injury to the person” based on another party’s negligence. This includes incidents such as auto accidents, slip and fall accidents, medical malpractice, and numerous other types of personal injuries. In general, the two-year clock starts running on the date when the event that resulted in the injury occurs. In cases in which a plaintiff could not reasonably have known about the injury within the two-year time frame, they generally have six months from the date of the discovery of the injury to initiate a legal action.

Exceptions to Alabama’s Two-Year Statute of Limitations

There are a few exceptions to the two-year filing deadline in Alabama. For example, if an injured party was a minor or mentally incapacitated at the time of the injury, they generally have two years from the date the injured party turns 19 or is declared sane. This exception does not always apply, however; and in any case, there is an overall filing deadline of 20 years from the date of the underlying incident. There are also exceptions for injured parties who want to initiate a legal action against a government entity. If the claim is being filed against a city or town in Alabama, you must file a written notice of claim within six months of the date of injury. If the claim is against a county, you must file a written notice within one year of the injury date. There are some cases in which you may not be initially aware that a municipality or county is one of the parties responsible. For example, if you are injured in a car accident and the driver was a government employee who was “on the clock” at the time of the accident, you may have a claim against both the individual and their employer. This is one of the reasons it is extremely important to have your case reviewed by a skilled personal injury attorney as soon as possible after you become aware of your injury.

What Happens if I Miss the Filing Deadline?

Missing the filing deadline for a personal injury claim can be a fatal blow to your case. If you are past the deadline and you try to bring a legal action, the responsible party will almost certainly bring this up and move to have your case dismissed. The motion for dismissal will most likely be granted unless your case falls into one of the exception categories. Allowing the filing deadline to pass can also be a problem if you are trying to negotiate an out-of-court settlement. This is often the case with accidents in which the injured party is dealing with the other party’s insurance carrier. If the parties are unable to reach an agreement during the two-year window, the injured party loses their negotiating leverage. Insurance companies know this, and one of their common tactics is to delay communications and even “go dark” for several months in hopes of running out the clock.

Speak with a Seasoned Alabama Personal Injury Lawyer

If you or someone close to you has been injured in an accident, you need to be mindful of the time limits for bringing an injury claim. As soon as possible after the incident, contact a personal injury attorney to have your case thoroughly assessed and discuss your rights and legal options. At M. Adam Jones and Associates, we have extensive experience and a successful track record with even the most complex accident injury cases, and we work closely with our clients to provide the strong personalized representation they need and deserve. For a free consultation with one of our attorneys, contact us today at 334-699-5599, or send us a message through our online contact form.