What is the Statute of Limitations in Alabama?
Alabama law sets a two-year statute of limitations for most personal injury cases. This means that you have two years from the date of your injury to file a lawsuit for damages. Failure to file a lawsuit before the deadline can cause you to lose all your rights to recover compensation through the court system.
In some cases, the statute of limitations may be longer or shorter than the general rule. There are even some exceptions that can temporarily stop the clock from running. The best way to determine the filing deadline associated with your claim is to seek the help of an experienced personal injury lawyer.
How Does a Statute of Limitations Work?
A statute of limitations is a law that sets a deadline by which a legal action must be filed. A statute of limitations exists for nearly all types of legal actions that may go through the court system, including both civil and criminal cases.
There are a few reasons why this legal deadline exists, such as:
- It promotes expediency and fairness in the legal system
- It encourages plaintiffs to file civil actions in a timely manner when evidence is still fresh
- It prevents a defendant from being prosecuted for a crime from many years ago when evidence and witnesses may no longer be available
The specific length of time you are given to file a lawsuit depends on the type of action you need to bring. Keep reading below to learn more details.
Alabama Statute of Limitations Timeframes
Some types of cases have very short deadlines, while others have no time limit.
Below are some common statutes of limitations in Alabama and some of the types of actions associated with them:
- Two years: Actions for slander or libel; actions for malicious prosecution; actions for injuries to the person, such as car accidents, truck accidents, or motorcycle accidents; most misdemeanor crimes
- Five years: Prosecution for most felony crimes
- Six years: Actions for trespass to person or liberty, such as false imprisonment; actions for trespass to real or personal property; actions for recovery of money upon a loan
- Ten years: Actions founded upon a contract
Keep in mind that this is just a sample of the many different types of actions that may be brought in an Alabama court. An experienced lawyer can help you identify the filing deadline associated with your specific case.
Exceptions to the Alabama Statute of Limitations
Typically, the clock starts ticking on the statute of limitations when the cause of action arises.
This could be when:
- The accident causing an injury occurs
- The injury is discovered
- The injury or damages should have reasonably been discovered
In some cases, the statute of limitations may be tolled, or paused, due to some exception. The following are some of the most common reasons why the statute of limitations may be tolled.
Minor Exception
If a minor is involved in an accident, the statute of limitations may toll until the child reaches age 18. In many cases, the child has two years from the date of their 18th birthday to file a lawsuit for any damages occurring while they were underage.
Concealment
If the defendant intentionally conceals their wrongdoing, this may toll the statute of limitations. This prevents a wrongdoer from hiding their conduct until the deadline passes to avoid being on the hook for civil penalties.
Delayed Onset of Symptoms
Some injuries might not be apparent immediately after an accident. For instance, imagine a medical malpractice case where a doctor left some piece of equipment inside of a patient during surgery. It is possible the error may not be discovered until some time in the future. The statute of limitations would not begin to run until the wrongdoing was discovered.
Partial Payment
For some actions, such as breach of contract, a partial payment or an acknowledgment of the debt can restart the statute of limitations.
Getting Help With an Alabama Statute of Limitations
As you can see, the statute of limitations rules can get very complicated. This is why it is best to always seek the help of an experienced lawyer regarding any legal action to which you may be a party. Your lawyer can help you understand the specific rules and deadlines governing your case and make sure that you do not miss your chance to hold the responsible party accountable.
Contact the Alabama Personal Injury Attorneys at Belt, Bruner & Barnett Personal Injury Lawyers.
Contact an experienced personal injury lawyer at Belt, Bruner & Barnett Personal Injury Lawyers to schedule a free initial consultation today. We serve Shelby County, Madison County, Montgomery County in Alabama, and its surrounding areas.
We are located in Birmingham, Huntsville & Montgomery.
Belt, Bruner & Barnett Personal Injury Lawyers – Birmingham Office
880 Montclair Road, Ste 300,
Birmingham, AL 35213
(205) 973-6417
Belt, Bruner & Barnett Personal Injury Lawyers – Huntsville Office
116 Jefferson St. Suite 207
Hunstville, AL, 35801
(256) 781-9242
Or find us with our GeoCoordinates: 34.73050852442579, -86.5863926515444
Belt, Bruner & Barnett Personal Injury Lawyers – Montgomery Office
7 Clayton St, Suite 200,
Montgomery, AL 36104
(334) 518-6098
Or find us with our GeoCoordinates: 32.373594220209505, -86.3092041262694