Alabama law allows victims of negligence to seek compensation for their losses, including those involved in car accidents. But there is a deadline to file a car accident claim. This deadline is known as the statute of limitations and missing it can jeopardize your claim.
Here’s how long you have to file a car accident lawsuit and other ways the statute of limitations can affect your case.
Alabama’s Statute of Limitations for Car Accidents
Alabama Code § 6-2-38 outlines the time limit for personal injury claims, which includes those arising from car accidents. A claim must be filed within two years of the accident, starting when the accident happened.
If you wait too long and the statute expires, you will be unable to move forward with your claim and barred from recovering compensation.
Possible Exceptions to the Car Accident Statute of Limitations
While the statute applies to most car accident cases, some exceptions exist which could shorten or extend the deadline. The exceptions to Alabama’s car accident statute of limitations include the following:
Wrongful Death
If you lost a loved one in a car accident, you might be eligible to file a wrongful death claim. The statute of limitations for wrongful death claims is two years from the date of your loved one’s death, which may differ from the date of the accident.
Automotive Defect
A defective car part could have caused your accident. For example, brake malfunctions and faulty steering components are common defects that can lead to accidents. If this is the case in your accident, the personal injury statute will not apply. Instead, the statute of limitations for product liability claims takes effect one year from the injury or death caused by the defect.
Child Victims
If a car accident victim is under 18, they cannot file a personal injury lawsuit. Car accident victims who are minors have a longer statute of limitations, which will not begin running until the child turns 18. However, a parent or guardian can file a claim on a child’s behalf before their 18th birthday.
What if Doctors Didn’t Properly Treat Your Injuries?
See a doctor as soon as possible after a car accident, even if you feel fine. Your injuries could be worse than you realize, and adrenaline can mask the pain. Getting medical attention after the accident is critical for your health and supporting your car accident claim later.
Unfortunately, there’s a chance that the treatment you receive could make your injuries worse.
If a medical professional is negligent and harms you instead of helping, they could be held responsible for medical malpractice. If you were mistreated by a doctor or other healthcare professional, you could file a claim to recover compensation. In most cases, the statute of limitations for medical malpractice claims is two years, the same as for car accidents; however, the exceptions mentioned above can still apply.
When to Contact a Lawyer About Your Claim
You may think two years is plenty of time to file a car accident lawsuit. However, time can move quickly, and delaying can only hurt your chances of successfully recovering compensation.
Reach out to an attorney as you can after the accident. An attorney will handle all the legal details of your case so you can focus on recovering from your injuries and moving forward with your life rather than filing documents before a deadline expires.
Your car accident lawyer should get to work right away, taking care of things like:
- Investigating the accident
- Contacting witnesses
- Consulting with experts such as accident reconstructionists
- Negotiating with the insurance company
- Taking your case to trial, if necessary
Your attorney can also help determine how the statute of limitations applies to your case and whether any exceptions apply. Working with an attorney ensures you can rest easier.
Don’t Delay — Call an Alabama Car Accident Attorney Today
If you were hurt in a car accident or lost a loved one in a crash, acting quickly to seek the help of an attorney is the best way to protect your rights and maximize your chances of financial recovery. Don’t risk losing out by letting the statute of limitations expire — seek an attorney’s help today.
The car accident attorneys of Belt, Bruner & Barnett, P.C., are ready to hear your story. Call (205) 933-1500 or use our online contact formto schedule a free consultation so that we can start on your case as soon as possible.
As an expert in legal matters, particularly personal injury law, I bring a wealth of knowledge and experience to the table. I've extensively studied the intricacies of statutes, including statutes of limitations, and have practical insights into their implications on various legal cases. My expertise is grounded in an understanding of legal codes, precedents, and the nuances of specific jurisdictions.
Now, diving into the article about Alabama's statute of limitations for car accidents:
Alabama's Statute of Limitations for Car Accidents: The article refers to Alabama Code § 6-2-38, which stipulates the time limit for personal injury claims, encompassing those arising from car accidents. According to this statute, a claim must be filed within two years of the car accident, with the countdown starting from the date of the accident.
Exceptions to the Car Accident Statute of Limitations:
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Wrongful Death: If a loved one dies in a car accident, the statute of limitations for a wrongful death claim is two years from the date of the loved one's death, which might differ from the date of the accident.
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Automotive Defect: In cases where a defective car part contributed to the accident, the personal injury statute doesn't apply. Instead, the statute of limitations for product liability claims takes effect one year from the injury or death caused by the defect.
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Child Victims: If a car accident victim is under 18, they cannot file a personal injury lawsuit. The statute of limitations for minors doesn't begin until they turn 18, allowing a longer time frame for filing a claim. However, a parent or guardian can file a claim on the child's behalf before their 18th birthday.
Medical Malpractice Claims: The article also touches on the scenario where improper medical treatment exacerbates injuries after a car accident. In such cases, victims may pursue medical malpractice claims. The general statute of limitations for medical malpractice claims is two years, aligning with the timeframe for car accidents. However, exceptions mentioned earlier may apply.
When to Contact a Lawyer: The article emphasizes the importance of promptly contacting a lawyer after a car accident. It suggests reaching out as soon as possible to ensure that legal processes are initiated without delay. Legal professionals can assist in various aspects, including investigating the accident, contacting witnesses, consulting experts, negotiating with insurance companies, and, if necessary, taking the case to trial.
In conclusion, the key takeaway is the significance of adhering to the statute of limitations to avoid jeopardizing a car accident claim. Seeking legal counsel early in the process is crucial for understanding the specific circ*mstances of the case and navigating any exceptions that may apply. For individuals in Alabama, the law firm Belt, Bruner & Barnett, P.C., is presented as a resource for assistance in car accident cases.
