When someone is injured in any kind of Alabama accident, the injured party is entitled to seek compensation from the party they believe to be at fault for their injuries. However, all personal injury cases in Alabama must be filed within a specified amount of time, as outlined in the relevant statute of limitations. It is incredibly important that personal injury plaintiffs comply with the relevant statute of limitations that governs their case, or the case may be dismissed without ever being reviewed on its merits.
Essentially, a statute of limitations provides the time frame in which an accident victim must file their case. As long as a case is filed by the time the statute of limitations expires, the case will be considered timely, even if the case is not ultimately resolved until after the statute of limitations has expired.
Under Alabama Code § 6-2-38, any lawsuit seeking compensation for personal injuries or wrongful death must be filed within two years of the injury or death. In many cases, determining when the statute of limitations expires is a straightforward task; however, that is not always the case. For example, under Alabama Code § 6-5-482, a claim of medical malpractice is generally subject to a two-year statute of limitations; however, if the plaintiff does not discover their injury until a later date, the statute of limitations can be tolled, or extended, until six months after the plaintiff’s discovery of their injury.
Statutes of Limitations Involving Child Victims
Alabama law provides for relaxed – albeit somewhat confusing – rules when it comes to the amount of time that a minor victim has to file a case. Under Alabama Code § 6-2-8, a minor can file a personal injury lawsuit up to three years after their 19th birthday. For cases that do not involve medical malpractice, this is regardless of when the allegedly negligent act that caused the minor’s injuries occurred. However, under Alabama Code § 6-2-482(b), a minor must bring a medical malpractice claim within four years of the act of alleged negligence, unless the child was under four years old at the time, in which case the minor has until their eighth birthday.
Has Your Child Been Injured in an Alabama Accident?
If you have a child who has recently been injured in an Alabama accident, the amount of time you have to file a case is limited. At the Reeves Law Firm, Attorney Greg Reeves adeptly handles all types of Alabama personal injury cases, including those involving a child victim. Attorney Reeves has an in-depth knowledge of both the substantive and procedural rules that govern Alabama personal injury cases, and he ensures that his clients’ cases are properly handled from beginning to end. To learn more, and to schedule a free consultation with Attorney Reeves, call 256-355-3311 today. Calling is free, and you will not receive a bill unless Attorney Reeves can assist you in recovering the compensation you deserve.
More Blog Posts:
Filing an Insurance Claim after an Alabama Car Accident, Alabama Injury Lawyer Blog, January 2, 2018
Semi-Truck Accidents on Alabama Roads, Alabama Injury Lawyer Blog, December 14, 2017