When someone is injured in any type of auto accident, as the result of a slip and fall accident or because of a defective product, it is important to understand how Alabama’s statutes of limitations apply to their case. These statutes govern how long you have to file a lawsuit for damages against the party responsible for injuries or damages. However, it is important to remember, it is possible to protect you from losing your ability to file a claim.
Claims may be filed for specific periods of time
When you are injured in Alabama, there are specific statutes that apply depending on the type of claim you have. Here is a short list of the types of claims and their limitations on filing claims:
1. Most personal injury: Injured parties have only two years to file a claim from the date of the accident
2. Medical malpractice: This statute has several clauses including the ability to file a claim for up to two years. However, if you do not immediately realize there have been damages, you may file a claim for up to six months after you discovered the damages. The exception to this is if it has been more than four years, you may not file a claim.
3. Defective products: Injured parties have one year to file a claim. The exception to this rule is if the injury occurred over time, then the claimant may file for up to one year after they discovered the injury.
How to prevent expiration
If you feel you have a personal injury you should contact an attorney immediately. This applies even if you are currently negotiating with an insurance company for compensation for injuries or property damages. One reason for this is many insurance companies will stall approving claims until such time as the statutes of limitations expire. However, by filing a suit, you may continue to negotiate with the insurer while protecting your rights.
If you have suffered an injury in an auto accident, been a victim of a defective product or you feel you have a medical malpractice claim, you should contact Noel B. Leonard Attorney LLC for guidance. Do not allow the statutes of limitations expire without filing a claim to protect your rights, even if you are currently negotiating with an insurer.