Statute of Limitations – Alabama Accident and Injury Claims
Alabama law has a two-year statute of limitations for the filing of a personal injury or car accident claim. This means that if the claim is not filed at the expiration of two years, it is forever barred. Of course, as with most any rule of law, there are certain exceptions.
The statute of limitations does not always apply to claims by minors or incompetents. Certain “tolling” provisions extend the time for claims by minors or those who are mentally disabled.
While most personal injury claims are governed by Alabama’s two year statute of limitations on tort claims, claims brought under other legal theories may be covered under a longer time period. For example, a claim for personal injuries brought under a breach of contract claim can be brought in four to six years, depending on the type of contract. Additionally, claims for reckless or wanton conduct enjoy a six year statute of limitations.
A potential trap, for those not represented by an attorney, is in dealing with personal injury claims against a city or county. Specific provisions in the Code of Alabama require a “notice of claim” to be filed in shorter time-frames than the standard two-year period. An attorney’s guidance in these situations is crucial.
Discussed elsewhere on the Drake Law Firm website, wrongful death claims are also subject to a two year statute of limitations. Unlike the tolling provisions allowed in certain instances, wrongful death claims are almost always barred if not brought in two years from the date of death.
If you have been injured as a result of the negligence of a company or at-fault party, it is strongly urged that you seek legal counsel as to the statute of limitations that applies in your specific situation. Feel free to call Drake Law Firm to see if your injury or accident claim is still viable.
