When Does the Statute of Limitations for Personal Injury Not Apply?

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If you’ve been hurt in an accident or by someone else’s negligent behavior, it’s reasonable to want the responsible party to pay for the damages they caused. Usually that’s done through personal injury lawsuits filed by an injury victim. It seems completely understandable you may not want to or be able to file a lawsuit right away if you’re still recovering from serious injuries or busy struggling to figure out to you’ll make ends meet with massive medical bills or you can’t work. 

However, victims can’t wait too long in most cases to file their claim. In Alabama, there is a 2-year statute of limitations for bringing a personal injury lawsuit. That means you generally have 2 years from the date you were hurt to file or you lose the right forever. This may sound overwhelming, but it means you have to take action quickly or risk losing out on compensation for your injuries. 

Exceptions to the Statute of Limitations

In Alabama, there are two main exceptions to the two-year deadline which can extend the time frame for filing a lawsuit – this is called “tolling” the statute of limitations. The first is when the victim is either a minor or incompetent. In these cases, the minor victim has until they turn 19 before the statute begins to run, and for an incompetent victim the time begins to run when they regain competency or are given a court-appointed guardian who can make those decisions for them. 

The second exception is when the injury isn’t known at the time it happens; this is often seen when medical malpractice occurs and the victim doesn’t know they received negligent care until the results of the error begin to present themselves. Once the injury is known, the statute of limitations begins to run.

Speak to a Personal Injury Attorney 

If you were hurt in an accident, it’s important to take care of yourself and focus on recovering from your injuries. However, it’s just as critical not to delay filing a lawsuit until you’ve already lost the legal right to do so. The skilled Mobile Personal Injury Attorneys at Stevenson Klotz can protect your legal rights and fight for you to receive maximum compensation so you can work on getting better. We have years of experience providing aggressive, personalized representation and delivering successful results; we’ve recovered millions of dollars in damages for our clients. Call us at (850) 706-4226 or fill out our online Contact Page to schedule your free initial case evaluation. Let us answer your questions, explain the process, and get started today!

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