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.