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Understanding the Statute of Limitations for Filing a Car Accident Lawsuit in Alabama

Car accident lawsuits serve to compensate victims for damages that they incurred because of their crashes. The payment awarded to plaintiffs can provide important support during times of immense hardship. However, when filing your case, you must ensure that you comply with the applicable statute of limitations. Waiting too long to file your lawsuit could cause your claim to be dismissed.

Typically, car accident victims in Alabama will have two years from the dates of their collisions to sue at-fault drivers. Still, there are some exceptions to the standard, two-year statute of limitations. Our Alabama car accident lawyers can help review your claim and file your lawsuit on time.

If you were hurt because of a car crash, you can contact Howe Law for help recovering the damages available to you. Call our team at (844) 876-4357 for a free review of your claim.

How Long Do You Have to File a Car Accident Lawsuit in Alabama?

Ala. Code § 6-2-38 governs the time limit for filing a car accident case in Alabama. Usually, you will have two years from the date of your crash to bring your case against another driver. If you do not adhere to this deadline, then the defendant in your case will likely ask the court to dismiss your lawsuit. Therefore, you should get in touch with our car accident attorneys as soon as possible after your crash. Our team can help gather evidence and file your claim in a timely manner.

Also, the evidence needed to win your case can become hard to collect as time passes. You should get in touch with our lawyers quickly after your accident, so that we can more easily gather the information we need recover payment from the at-fault driver.

Are There Exceptions to the Statute of Limitations for Filing a Car Accident Lawsuit in Alabama?

Certain circumstances may arise that will afford plaintiffs longer or shorter time windows for filing their car accident lawsuits. The following are all examples of exceptions to statute of limitations for filing a car accident case in Alabama:

Child Victims

If a child is hurt because of a car accident, then their parent may file a case on their behalf at any point until the child reaches the age of 18. Additionally, after turning 18, victims will then have two years to file lawsuits stemming from crashes that they suffered while they were minors. Children and parents who are injured because of motor vehicle collisions can contact our car accident attorneys for help determining the proper course of action.

Mentally Incapacity

Furthermore, victims who suffer a form of mental incapacity may have extended deadlines for filing their car accident cases. If you are considered mentally unfit to bring your lawsuit to court, then the two-year countdown for filing your lawsuit will not begin to run down until your incapacity has been overcome.

Absent Defendants

Lastly, you may have longer than two years to file your car accident lawsuit if the defendant leaves the state of Alabama. If the at-fault party to your crash is absent from the state of Alabama at any point after the collision, then the period they are absent will likely not be counted as part of the two-year filing window. The assistance of our experienced Birmingham car accident attorneys can be helpful when locating the defendant in your case.

Time Limit to File a Wrongful Death Lawsuit After a Car Accident in Alabama

After a fatal car accident, the deceased person’s family may recover compensation through a wrongful death lawsuit. Generally, the deadline for filing a wrongful death case in Alabama is two years. However, the countdown to file such cases will begin at the dates of victims’ deaths, opposed to the dates of their collisions. Our car accident attorneys can help sue negligent motorists for deadly crashes they cause.

How Long Do You Have to File a Lawsuit for Negligent Treatment of Car Accident Injuries in Alabama?

If you suffered a car crash, you should seek medical treatment for your injuries as soon as possible. First, a doctor must officially document your injuries in order for you to recover monetary damages. Furthermore, defendants and their insurers may argue that a delay in medical treatment means that you were not badly hurt. You can reach out to our team of experienced car accident attorneys for help finding the right physicians for you.

Unfortunately, some victims develop serious injuries because of negligent treatment of their car accident injuries. There are many different forms of medical malpractice that may occur. Typically, you will have two years from the date of the negligent medical act or omission to bring a case against the at-fault party. However, certain exceptions may apply if you did not discover your injury until a later date.

If you suffered medical malpractice when receiving treatment for your car accident injuries, you should reach out to our lawyers as soon as possible. Our team can help file your lawsuit and prove that the defendant is at fault.

Are There Other Requirements for Filing a Car Accident Lawsuit in Alabama?

In addition to filing your case on time, there are several other conditions that must be satisfied when filing a car accident lawsuit in Alabama. For example, you must attach supporting documents, file in the correct jurisdiction, pay any required administrative costs, serve all defendants, and avoid filing an incomplete claim. If you fail to comply with any of these requirements, then you may have to re-file your case.

You should reach out to our experienced car accident attorneys right away after suffering a harmful crash in Alabama. Our team will help ensure you comply with the several requirements for filing your lawsuit.

If You Suffered an Injury Because of a Car Accident in Alabama, Our Law Firm Can Help

After being hurt because of a car crash in Alabama, the experienced Clarksville car accident attorneys at Howe Law can review your potential lawsuit for free. Call us at (844) 876-4357.

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