How Long After an Accident Can You Sue in Alabama?

Every personal injury lawsuit filed in Alabama must abide by the laws that govern the state. One of these laws is a statute of limitations that prohibits you from filing a personal injury lawsuit after a certain period of time.

By learning more about the statute of limitations for a personal injury lawsuit in Alabama, in addition to consulting with a car accident lawyer who has helped Alabama residents get results, you may have an easier time getting the settlement you need.

What is the statute of limitations for a personal injury lawsuit in Alabama?

The statute of limitations for a personal injury lawsuit in Alabama is two years after you sustain the injury. Generally, this means that if you sustain an injury, you cannot file a personal injury lawsuit more than two years after doing so, although there are exceptions.

Alabama’s statute of limitations makes pursuing a personal injury lawsuit promptly critical. However, even without a deadline, evidence is more readily available and witness memories may remain reliable. If a personal injury lawsuit is pursued many years after the injury, proving what is necessary to obtain compensation can be much more difficult or, even, impossible, depending on the case.

What happens if you file a lawsuit after the statute of limitations has expired?

If you file a personal injury lawsuit in Alabama after the statute of limitations has already expired, the court will likely dismiss your case entirely.

Just as an example, if you are in a car accident and you file a personal injury lawsuit three years after this accident, it is unlikely that the court will let you proceed. However, exceptions exist, which is one reason why it’s important to speak with a lawyer about your specific facts as soon as possible.

Generally, you may still be able to pursue a personal injury lawsuit when one of the following situations applies because the statute of limitations may be tolled under certain circumstances. For example, possible scenarios include:

• You were under 19 when the injury occurred. The statute of limitations may toll until you turn 19, and you generally have up to two years after that to file a personal injury claim subject to statutory exceptions.
• You were mentally incapacitated at the time of the injury. The statute of limitations may be tolled until the incapacity ends.
• You were the victim of fraud. The parties responsible for your injury deliberately concealed their involvement in your injury or provided false information related to it, among other possibilities.
• The statute may be tolled if a defendant is absent from the state and cannot be served (though modern service rules may limit this exception).

What should you do after an accident in Alabama to obtain the best possible settlement?

To work toward the best possible settlement for an accident sustained in Alabama, you may want to do the following:

• Take photos/videos of the accident that led to your injury, as well as your injury itself
• See a doctor as soon as you can and tell them all about what led to the injury
• Undergo the tests, procedures, and assessments that your doctor believes are necessary
• Keep every single piece of documentation and evidence related to this medical treatment
• Speak with a lawyer who can help you obtain compensation for your injury

You may want to do the above as soon as possible. Not doing so could lead to the following:

• Your case exceeds the statute of limitations, preventing you from receiving compensation
• Serious medical issues are becoming apparent, which could make it harder for you to recover
• Witness testimony is becoming unreliable due to the amount of time that has passed
• Evidence, such as medical documentation and photos/videos, is no longer being considered useful

What should you share with your lawyer about the accident?

When you speak with a car accident lawyer, you should share the following with them:

• When the accident occurred/when you sustained your injury
• Where your accident occurred/where you sustained your injury
• Which parties are responsible for the injury
• The treatment you are currently undergoing/have already undergone
• Any relevant medical records, assessments, bills, and documents
• The amount of time/money you have lost at work as a result of being forced to take time off
• The pain and suffering this injury has created
• The amount of money/damages you are seeking for the injury you sustained

Sharing the above can help your lawyer build a case. Your lawyer can use this information to file a lawsuit on your behalf. This lawsuit, if successful, can lead to a settlement that may encompass the following:

• The amount of money you owe—and, perhaps, have already paid for out of pocket or through your insurance—for the tests, assessments, procedures, and treatments you were forced to undergo
• The pain and suffering this injury created, which can encompass your overall loss of enjoyment and depression, as well as the long-term pain you may be living with, among other possibilities
• The damage to your property that this injury created, for example—if you were in a car accident, you can be compensated for the damage to your car
• The long-term care this injury requires, for example—modifications to your home may be needed, along with a live-in caretaker, among many other possibilities

Punitive damages may be available only if you can prove wanton, malicious, or intentional misconduct under Alabama law. These damages are used to punish the parties whose wanton, malicious, fraudulent, or otherwise egregious conduct led to your injury.

Get the support you need

If you were injured in a car accident in Alabama, you may be entitled to compensation. Prince Glover Hayes may be able to help. Contact us today to speak with one of our car accident lawyers. We are ready to work with you to pursue the compensation you need.