- Last Updated: July 12th, 2023
What Are Statutes of Limitations?
In each state, a statute of limitation simply defines the time-period in which the claimant may file a lawsuit.
The time period varies from state to state and thus, will depend on which state you declare residency in.
An attempt at filing a claim may be affected by several factors, such as the date at which you discover your injury and if death resulted from one’s injury.
Do I Qualify?
Table of Contents
Alabama Statute of Limitations
In the state ofAlabama,the statute of limitations for personal injury is2years from the date of injury.
In general, this means that all personal claims against the negligent party must be filed within2years from the date of injury.
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Personal Injury Claims
Apersonal injury is any injury you sustain due to the negligent or reckless behavior of another party.
If you are attempting to file a claim in the state ofAlabama,the statute of limitations for personal injury is 2 years.
This means that all personal claims against the party must be filed within2 years from the date upon which the injury was inflicted.
Examples:
- Car Accidents
- Truck Accidents
- Nursing Home Abuse
- Medical Malpractice
- Slip and Fall
- Products Liability
- Wrongful Death
- Motorcycle Accidents
- Bicycle Accidents
- Workers’ Compensation
- Asbestos / Mesothelioma
- Barge Accidents / FELA
- Railroad Accidents / FELA
- Boating Accidents
- Swimming Pool Accidents
- Birth Injuries
- Civil Rights / Violations by Police
- Pharmaceutical Cases
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Wrongful Death Claims
If the injured party dies as a result of the injury, a wrongful death lawsuit may be appropriate.
In the state ofAlabama,the family (or beneficiary of the estate) has2years to file a wrongful death claim.
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Product Liability Claims
Every state has a statute of limitations that applies specifically to defective product liability claims, this limitation often applies to drugs and medical device casesthat have inflicted injury upon one’s body from consumption of a drug or implantation of a medical device.
In this case, if you are attempting to file a claim in the State ofAlabama, the statute of limitations for a product liability action is1year from the date of injury.
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What Is The Discovery Rule?
In cases when a plaintiff may not know they have been a victim of negligence for months or even years, most states employ what is commonly known as thediscovery rule.
The discovery rule suspends the statute of limitations until an injury is or should have been discovered.
In the state ofAlabama,the discovery rule is1year.
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Punitive Damages
In addition to actual damages, “punitive damages” can be awarded to injured individuals.
Punitive damages are intended to reform or deter the defendant and others from engaging in conduct similar to that which formed the basis of the lawsuit, while also providing financial compensation for the injured victim.
In recent years, many states passed laws placing a “cap” on punitive damages as a result of insurance industry lobbyists.
The state ofAlabamarequires “clear and convincing evidence that the defendant deliberately engaged in oppression, fraud, wantonness or malice” before punitive damages are awarded.
And, even after meeting the burden of proof, the state ofAlabamalimits punitive damages to$500,000.00or three times the compensatory damages (the monetary amount necessary to replace what was lost to the victim)—whichever is greater.
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Alabama Statute Of Repose
A statute of repose is even stricter than a statute of limitations and is, therefore, a favorite defense in lawsuits against the manufacturer of defective drugs and medical devices.
A statute of repose takes effect when an action is complete, which can happen even before an individual is harmed, cutting off the right for a lawsuit before injury occurs.
Examples of statutes of repose dates used in defective drug and device cases include the date the product was made, sold or even delivered.
InAlabama,there is no statute of repose.
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Filing A Claim In The State Of Alabama
Due to the fact that there are specific time limits to file a claim in the state of Alabama, we think it’s an important step to speak with someone who can help you sort out all the details of your potential lawsuit.
Contact TruLaw to discuss your case with one of our experienced attorneys.
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Written By:
Experienced Attorney & Legal SaaS CEO
With over 25 years of legal experience, Jessie is an Illinois lawyer, a CPA, and a mother of three. She spent the first decade of her career working as an international tax attorney at Deloitte.
In 2009, Jessie co-founded her own law firm with her husband – which has scaled to over 30 employees since its conception.
In 2016, Jessie founded TruLaw, which allows her to collaborate with attorneys and legal experts across the United States on a daily basis. This hypervaluable network of experts is what enables her to share reliable legal information with her readers!
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At TruLaw, we fiercely combat corporations that endanger individuals’ well-being. If you’ve suffered injuries and believe these well-funded entities should be held accountable, we’re here for you.
With TruLaw, you gain access to successful and seasoned lawyers who maximize your chances of success. Our lawyers invest in you—they do not receive a dime until your lawsuit reaches a successful resolution!
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