In Alabama, when someone else’s negligence causes you to sustain injuries, you have two years from the injury date to file a personal injury lawsuit. But there’s a lot more information you need to know to successfully file a lawsuit in Alabama.
At Heninger Garrison Davis, our team of personal injury lawyers in Alabama can help you build a solid case to recover compensation for your losses. Read on to learn more about what it takes to file a lawsuit and how our team can help you.
Are There Exceptions to the Personal Injury Lawsuit Statute of Limitations?
When pursuing a personal injury lawsuit in Alabama, knowing the statute of limitations is one of the most important aspects. Several factors can influence this timeline, shaping the window of opportunity for seeking compensation. Here are the top factors that can affect how long you have to file:
Type and Severity of Injury
The nature of your injury plays a significant role in determining the statute of limitations. If your injury is more severe you may have more time or less time to file, depending on the context of your injury.
There may be certain elements of your accident that can affect your filing deadline. That’s why it’s always a good idea to meet with an Alabama personal injury lawyer as soon as you’ve received medical care.
Discovery of Injury
The clock on the statute of limitations often begins ticking when you discover or should have reasonably discovered your injury, this is called the discovery rule. This is especially relevant in cases where injuries are not immediately evident, such as certain medical malpractice claims.
If you recently started feeling the effects of your injury and discovered you were hurt, you may be able to get an extension on your deadline. This can help you build a stronger case with your lawyer since you’ll have more time.
Minors and Incapacitated Individuals
The statute of limitations is extended for individuals under the age of 19 or those declared mentally incapacitated. Minors have two years from the date they turn 19 to file a claim, while incapacitated individuals have two years from their legal competency restoration.
A personal injury attorney can help explain how this could apply in your situation.
Government Entities
If the defendant is a government entity or employee, different rules may apply. Claims against government entities often require adhering to strict notice requirements and shorter timeframes for filing.
For example, if you suffered injuries in a car accident due to a dangerous road in your city, you only have six months to file a claim against the city your accident occurred in. This can be stressful to handle alone and we can help you build a case on a tight deadline.
Wrongful Death
According to Ala. Code § 6-5-410, Alabama’s statute of limitations for wrongful death cases is two years from the date of the individual’s death. This timeline is important, as it affects the rights of surviving family members to seek compensation.
Waiting to File
Delaying the filing of your claim can negatively impact your case. Waiting too long can result in evidence becoming harder to collect, witnesses becoming inaccessible, and the overall strength of your case diminishing.
And if you don’t have strong evidence then you likely won’t win your case. So ultimately, by waiting too long to file an Alabama personal injury lawsuit, you will lose your ability to collect compensation.
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What Information do You Need to File a Personal Injury Claim in Alabama?
To successfully file a personal injury lawsuit in Alabama, you’ll need to have certain information about your case. Some of the pieces of information you’ll need include:
- Accident details: Provide a thorough account of the accident, including the date, time, and location.
- Injury description: Describe your injuries in detail, specifying the impact they’ve had on your daily life and activities.
- Medical records: Gather medical documents related to your injuries, treatments, and ongoing medical needs.
- Witness information: Compile contact information for any witnesses to the accident.
- Insurance information: Provide details of your insurance coverage, including policies and contact information.
- Communication records: Keep records of any communication with insurance companies, medical professionals, or other involved parties.
- Photos and evidence: Include photographs of the accident scene, injuries, and any evidence that supports your claim.
- Police report: If applicable, provide copies of any police reports filed at the time of the accident.
How Can a Personal Injury Lawyer Help You With Your Alabama Lawsuit?
Facing the aftermath of a personal injury in Alabama can be a challenging and overwhelming task. However, you don’t have to take this path alone. Having the support of an experienced personal injury lawyer in Alabama can be a game-changer for your case. Here’s how working with a personal injury lawyer can benefit your Alabama lawsuit:
Legal Proficiency
Alabama’s personal injury laws are intricate and often require strong legal knowledge. An experienced personal injury lawyer from Heninger Garrison Davis LLC brings an extensive understanding of these laws to the table.
Our law firm has been praised for our service and results. And we have a lot to show for it like awards from Mid-South Super Lawyers, Best Lawyers in America, and AV Preeminent Lawyers. We’ll scale the legal landscape, analyzing your case’s unique aspects and formulating a strategy that aligns with your specific needs.
Comprehensive Investigation
Building a compelling personal injury case depends on a thorough investigation. A dedicated lawyer from our firm will gather evidence, interview witnesses, and comb through medical records. Our detailed approach not only establishes liability but also strengthens your case, enhancing your chances of a favorable resolution.
Skilled Negotiation
A significant percentage of personal injury cases in Alabama are resolved through negotiation. A skilled personal injury lawyer possesses the experience required for effective negotiation.
We’ll advocate passionately on your behalf during negotiations with insurance companies and adversaries, aiming for a settlement that adequately addresses your damages.
Damage Assessment
Evaluating the extent of your damages is essential for your case’s success. Our Alabama personal injury attorneys will assess the full spectrum of your physical, emotional, and financial losses. This comprehensive evaluation makes sure that your pursuit of compensation includes medical expenses, lost income, pain, and suffering, and future financial burdens.
Trial-Ready Representation
In scenarios where we can’t reach a settlement, and a trial is necessary, a personal injury lawyer’s trial experience is invaluable. Your lawyer will stand as your advocate in court, skillfully presenting your case to a judge and jury and fighting for your rights with persuasive arguments.
Contact Us to Learn More About Your Deadline for a Personal Injury Lawsuit
If you’re unsure about your specific timeframe to file a personal injury lawsuit, we’re here to guide you. Our team at Heninger Garrison Davis will provide you with the clarity you need to make informed decisions regarding your case.
Contact us today to start your personal injury lawsuit and discover how we can stand by your side to pursue the rightful compensation you deserve.
