Alabama Statute of Limitations on Injury Claims
The statute of limitations is the time an injured party has to file a lawsuit. When lawsuits are filed after the statute of limitations has run out, the courts will almost always throw out the lawsuit and the accident victim is barred from pursuing any compensation.
Most personal injury cases in Alabama have a statute of limitations of two years. That means in the majority of cases, accident victims have only two years to file their lawsuit. There are some very narrow exceptions, however.
Victims have two years from the date of the accident or two years from when they discovered, or should have discovered, their injuries. Medical malpractice cases have a statute of limitations of two years as well – or six months from the date the injury was discovered or should have been discovered.
Claims against a government entity such as a county or city have different deadlines. Claims against a city have a statute of limitations of six months from the date of the accident. Claims against a county have a statute of limitations of one year from the date of the accident.
How Our Personal Injury Law Firm Can Help with Your Case
When filing a personal injury lawsuit, some people think they can represent themselves without a lawyer. However, this is not an easy task and doing so could negatively affect the amount of compensation you receive. An attorney can help every aspect of your case and will do the heavy lifting while you focus on your recovery and your life.
One of the first things an attorney will do is gather important evidence such as witness statements, photographs, video surveillance, and accident reports. This will help an attorney determine how the accident happened and determine who was really at fault.
Once your physical condition has stabilized, an attorney can gather medical reports, records and bills, employment records, and other documentation to calculate the full extent of your losses.
Once an attorney knows how much to ask for in damages, they will then be able to negotiate with the insurance company from a position of strength. If an offer is made, an attorney will then present you with the offer and advise on whether it’s fair.
This is an area in which personal injury attorneys are particularly helpful. Some accident victims are happy to receive anything at all from the insurance company. When they jump at the first offer, they could miss out on the full amount of compensation they actually deserve. If the insurance company does not offer fair compensation, an attorney can then file a lawsuit and prepare the case for trial.
If the case does go to trial, having an attorney by your side is especially helpful. Before the trial begins the case will move into discovery. At this point both sides can ask for information and the each side is obligated to provide it. Discovery may involve depositions of many people, including experts and witnesses.
If the case goes to trial, your attorney can argue your case to the jury, question and cross-examine witnesses, and present evidence to help you win your case.
Steps to Take to Protect Your Rights After an Accident
The moments immediately following an accident are important. Taking the right steps will help protect your rights when you later pursue compensation for your losses. Failing to take the proper steps can greatly hurt your case and may even bar you from recovering any compensation at all.
- Seeking medical treatment for your injuries is the most important thing after any accident. You should visit the doctor even if you don’t think at first that you’ve been seriously injured. Many injuries such as concussions and whiplash aren’t apparent right away. A doctor will know what to look for to identify any injuries, and help you get the treatment you need for them. Getting medical treatment after an accident will also help prove the extent of your injuries, which could help your case later on.
- If the accident was a motor vehicle crash, Alabama law requires that you stop at the scene. Failing to do so is against the law. If the accident happened on the road, always stop and pull over, call the police to report the accident, exchange contact information with all parties involved, and help anyone that’s hurt as best you can.
- No matter where the accident happened, it’s important to take pictures of the scene of the accident. You should take as many pictures as possible, and make sure they include everything that may have contributed to the accident. If the accident happened on someone else’s property, take pictures of the hazard that caused the accident. If the accident was due to a defective product, take pictures of the defect and what the product looked like after use. Pictures help determine what happened and who was at fault. You can never have too many.
- If insurance is an issue and you need to speak to your own insurance company, such as after a car crash, it’s important you report the accident to them within 24 hours if possible.
- If the accident involves someone else’s insurance, such as homeowners’ insurance or another driver’s insurance company, you should never speak to them without an attorney. They will often try to take a recorded statement or get you to sign a release for your medical documents. You are under no legal obligation to do either of these things, and in fact, providing the insurance company with this information can hurt your case. Let an attorney deal with the other party’s insurance company on your behalf.
- Most importantly, you should speak to a personal injury attorney in Phenix City. They will not only represent you throughout your entire case, but also advise on these important steps and others that you should take after an accident to ensure your rights are protected.
Common Types of Catastrophic Injuries
Injuries are often classified as catastrophic when they happen suddenly and leave the accident victim with life-changing impacts that have long-term consequences. Examples include:
- Birth injuries
- Amputations
- Spinal cord injuries
- Loss of hearing or sight
- Eye injuries
- Facial injuries
- Nerve damage
- Paralysis
- Brain injuries
- Neurological damage
- Crush injuries
Common Causes of Catastrophic Injuries
Any time someone is in an accident, it could result in catastrophic injuries depending on the nature of the accident. Some of the most common causes of catastrophic injuries include:
- Car accidents
- Truck crashes
- Motorcycle wrecks
- Bicycle accidents
- Pedestrian accidents
- Slip and falls
- Violent acts
- Medical errors
- Workplace accidents
Talk to Our Phenix City Personal Injury Law Firm Now
If you have been injured in an accident that was someone else’s fault, you need an experienced and skilled personal injury lawyer in Phenix City for help.
At Bence Law Firm, LLC, we know how to seek the compensation accident victims deserve and we want to help you with your personal injury claim. Now is the time for you to focus on your physical recovery, so don’t try to handle a lawsuit on your own.
Contact us today for a free claim review and advice about your best legal options.
Featured Personal Injury FAQ
- Birth injuries
- Amputations
- Spinal cord injuries
- Loss of hearing or sight
- Eye injuries
- Facial injuries
- Nerve damage
- Paralysis
- Brain injuries
- Neurological damage
- Crush injuries
Most personal injury cases in Alabama have a statute of limitations of two years. That means in the majority of cases, accident victims have only two years to file their lawsuit.
- Seeking medical treatment for your injuries is the most important thing after an accident.
- If the accident was a motor vehicle crash, Alabama law requires that you stop at the scene. Failing to do so is against the law.
- If the accident happened on the road, always stop and pull over, call the police to report the accident, exchange contact information with all parties involved, and help anyone that’s hurt as best you can.
- No matter where the accident happened, it’s important to take pictures of the scene of the accident.
- It’s important you report the accident to the insurance company within 24 hours if possible.
- You should never speak to someone else’s insurance company without an attorney. They will often try to take a recorded statement or get you to sign a release for your medical documents.
- Most importantly, you should speak to a personal injury attorney in Phenix City to ensure your rights are protected.
- That the defendant owed a duty of care to the plaintiff, the injured party. The defendant breached that duty.
- The breach of duty caused the plaintiff’s injuries.
- The plaintiff suffered losses due to the defendant’s breach.
- Medical costs including emergency care, home health care costs, physical therapy, treatment supplies such as crutches, and medication
Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Loss of consortium including loss of affection, companionship, sexual relations, comfort
- Lost wages including tips, bonuses, and retirement contributions
- Lost earning capacity, if you cannot perform the same type of work after the accident
- Replacement services, such as a housekeeper if you are unable to perform these tasks
- Property damage
