What Are Statutes of Limitations?
In each state, a statute of limitation simply defines the time-period in which the claimant may file a lawsuit. The time period varies from state to state and thus, will depend on which state you declare residency in. An attempt at filing a claim may be affected by several factors, such as the date at which you discover your injury and if death resulted from one’s injury.
Alabama Statute of Limitations
In the state of Alabama, the statute of limitations for personal injury is 2 years from the date of injury. In general, this means that all personal claims against the negligent party must be filed within 2 years from the date of injury.
Personal Injury Claims
A personal injury is any injury you sustain due to the negligent or reckless behavior of another party. If you are attempting to file a claim in the state of Alabama, the statute of limitations for personal injury is 2 years. This means that all personal claims against the party must be filed within 2 years from the date upon which the injury was inflicted.
- Car Accidents
- Truck Accidents
- Nursing Home Abuse
- Medical Malpractice
- Slip and Fall
- Products Liability
- Wrongful Death
- Motorcycle Accidents
- Bicycle Accidents
- Workers’ Compensation
- Asbestos / Mesothelioma
- Barge Accidents / FELA
- Railroad Accidents / FELA
- Boating Accidents
- Swimming Pool Accidents
- Birth Injuries
- Civil Rights / Violations by Police
- Pharmaceutical Cases
Wrongful Death Claims
If the injured party dies as a result of the injury, a wrongful death lawsuit may be appropriate. In the state of Alabama, the family (or beneficiary of the estate) has 2 years to file a wrongful death claim.
Product Liability Claims
Every state has a statute of limitations that applies specifically to defective product liability claims, this limitation often applies to drugs and medical device cases that have inflicted injury upon one’s body from consumption of a drug or implantation of a medical device. In this case, if you are attempting to file a claim in the State of Alabama, the statute of limitations for a product liability action is 1 year from the date of injury.
What Is The Discovery Rule?
In cases when a plaintiff may not know they have been a victim of negligence for months or even years, most states employ what is commonly known as the discovery rule. The discovery rule suspends the statute of limitations until an injury is or should have been discovered. In the state of Alabama, the discovery rule is 1 year.
In addition to actual damages, “punitive damages” can be awarded to injured individuals. Punitive damages are intended to reform or deter the defendant and others from engaging in conduct similar to that which formed the basis of the lawsuit, while also providing financial compensation for the injured victim. In recent years, many states passed laws placing a “cap” on punitive damages as a result of insurance industry lobbyists.
The state of Alabama requires “clear and convincing evidence that the defendant deliberately engaged in oppression, fraud, wantonness or malice” before punitive damages are awarded. And, even after meeting the burden of proof, the state of Alabama limits punitive damages to $500,000.00 or three times the compensatory damages (the monetary amount necessary to replace what was lost to the victim)—whichever is greater.
Alabama Statute Of Repose
A statute of repose is even stricter than a statute of limitations and is, therefore, a favorite defense in lawsuits against the manufacturer of defective drugs and medical devices. A statute of repose takes effect when an action is complete, which can happen even before an individual is harmed, cutting off the right for a lawsuit before injury occurs. Examples of statutes of repose dates used in defective drug and device cases include the date the product was made, sold or even delivered. In Alabama, there is no statute of repose.
Filing A Claim In The State Of Alabama
Due to the fact that there are specific time limits to file a claim in the state of Alabama, we think it’s an important step to speak with someone who can help you sort out all the details of your potential lawsuit. Contact TruLaw to discuss your case with one of our experienced attorneys.