Posted in Alabama Law,Personal Injury on March 11, 2019
If you have suffered an injury in Alabama caused by an accident that was not your fault, you may wonder what your legal options are. Under Alabama law, you may receive financial compensation to recover from these losses. However, you must adhere to the Alabama civil statute of limitations law – you must file your case in Alabama civil court by a certain deadline, or the court will refuse to hear your case.
Civil Statutes of Limitations in Alabama
Every state in the country has a statute of limitations laws that set deadlines for filing personal injury lawsuits and other actions in civil court. In Alabama, the statutes of limitations vary based on the type of case involved. They range anywhere between six months to 20 years. In most cases, you have from the date of your accident or the discovery of your injury to file your lawsuit.
- If you suffered a personal injury on the job while under a contract, you have six years from the date of your injury to file a lawsuit.
- If you suffered any other type of personal injury, you have two years from the date of the accident or discovery of harm.
- If you intend to sue for libel or slander, you have two years from the date of the incident.
- If you are suing a person or entity for fraud, you have two years from the date of discovery of the fraud.
- If you are suing for injury to your personal property caused by negligence, you have two years. If your case involves trespassing, you have six years.
- If you are suing for injury caused by professional malpractice, you have two years from the date of discovery. Usually, these cases involve medical malpractice.
- If you are suing someone for trespassing, you have six years.
- If you are suing someone for a collection of rents, you have six years.
- If you are suing someone for a broken contract, you have 10 years if the written contract was under seal. If the written contract was not under seal or you are suing over an oral contract, you have six years.
- If you are suing over the collection of debt on the account, you have six years to sue for a stated liquidated account and three years for an open liquidated account.
- If you are suing over judgments, you have 20 years from the date of the judgment.
The statute of limitations for your particular case depends on a number of factors. In most cases involving personal injury, you have a two-year period to file. To ensure that you adhere to the correct deadline, contact a personal injury attorney as soon as possible to assess your case.
Why Are the Statutes of Limitations Important?
The statute of limitations laws is important for a number of reasons. States impose these laws to help victims in civil cases gather as much relevant information as possible to build their case. However, without the statute of limitations laws, victims may attempt to file a case years after the event. At this time, the evidence involved in the case may be stale, destroyed, or extremely difficult to find. As a result, the court may not award victims the compensation they need. In short, these laws help victims begin the filing process as quickly as possible so they have the best chance at an optimal outcome.
Why Do You Need an Attorney for Your Civil Case in Alabama?
If an accident that was not your fault caused you to suffer an injury, you may face thousands in medical expenses, lost wages due to missing work, and a variety of other damages, such as emotional trauma. If you do not meet the statute of limitations for your case, you could lose your chance at claiming this compensation.
Attorneys for personal injury cases in Alabama will help you file your lawsuit within the deadline without unnecessary errors. For best results – and to ensure that you do not miss your civil statute of limitations deadline – contact an attorney as soon as possible.