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Alabama Personal Injury Statute of Limitations

Wallace Mills • Feb 15, 2024
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Alabama Personal Injury Statute of Limitations

If you've been involved in a personal injury accident in Alabama, you should understand the statute of limitations that applies to your case. Your best move is to discuss your case and applicable timelines with an attorney Alabama personal injury lawyer. The law firm of Wallace D. Mills, PC, is ready to guide you through the legal process and protect your rights. 


What is a Statute of Limitations?

A statute of limitations is a law that sets a specific time period during which a legal action must be filed. In the context of personal injury cases, the statute of limitations determines how long a victim has to file a lawsuit against the party responsible for their injuries. The primary purpose of a statute of limitations is to ensure fairness and efficiency in the legal system by providing a reasonable time frame for parties to bring their claims.


In Alabama, the statute of limitations for personal injury cases is generally two years from the date of the accident. This means that if you were injured in a car accident, slip and fall incident, or any other personal injury incident, you have two years from the date of the accident to file a lawsuit. However, there are exceptions to this general rule.


Possible Exceptions to the Statute of Limitations

While the two-year statute of limitations applies in most personal injury cases, there are certain situations in which the deadline may be extended or shortened. It's important to consult with an Alabama personal injury lawyer to determine if any exceptions apply to your specific case. Some common exceptions to the statute of limitations in Alabama include:

  • Discovery Rule: If you do not discover your injury immediately after the accident due to delayed symptoms or hidden injuries, the statute of limitations may start from the date you discovered or should have discovered your injury.
  • Minors: If the injured party is a minor (under the age of 19 in Alabama), the statute of limitations is generally tolled until they reach the age of majority.
  • Government Entities: If your personal injury claim involves a government entity, you may need to follow different notice requirements and shorter deadlines for filing a lawsuit.
  • Medical Malpractice: Medical malpractice cases in Alabama have a separate statute of limitations that starts running from the date of the negligent act or omission or from the date the injury should have been discovered.


These exceptions can be complex and require a thorough understanding of Alabama personal injury laws. Never assume an exception applies; instead, seek guidance from a qualified attorney to assess your options.


Never Risk Missing this Deadline

Missing the statute of limitations deadline can have devastating consequences for your personal injury case. If you fail to file a lawsuit within the prescribed time frame, the court is likely to dismiss your case, and you will lose the opportunity to seek compensation for your injuries.

Insurance companies are well aware of the statute of limitations, and they may use this knowledge to their advantage. They may intentionally delay the claims process, hoping that you will miss the deadline and lose your right to seek compensation. By consulting with an Alabama personal injury lawyer as soon as possible after your accident, you can ensure your case is filed within the statute of limitations and avoid the risk of missing this crucial deadline.


Seek a Free Consultation with an Alabama Personal Injury Lawyer

At Wallace D. Mills, PC, we have years of experience representing personal injury victims throughout Alabama. Our dedicated team of attorneys is committed to providing legal advice and vigorous representation to ensure our clients receive the compensation they deserve. Don't let the statute of limitations hinder your chances of receiving justice - contact us today and let us fight for your rights.

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