Call Ian Brendel at 251-301-0749 to discuss your Alabama accident/injury claim
Do I have time deadlines to file suit if I was injured in a car/truck wreck in Alabama?
YES! Alabama law imposes time periods to bring negligence lawsuits for car and truck wrecks. Under Alabama law, a competent person filing a lawsuit for negligence causing injuries in a car wreck has a 2 year statute of limitations from the date of the act/omission. Failure to file a lawsuit within the prescribed time limitation legally acts to time bars the injured person from filing a claim. This means if a lawsuit is filed outside the time limitation period, the Court will dismiss the lawsuit after a proper motion is made and heard by the Court.
Are there different time deadlines if a minor/child was injured in a car/truck wreck in Alabama?
The exception to the 2 year time limitation period for minors allows the statute of limitations to be tolled (or extended) until the minor becomes an adult at 19 years old, and reaches the age of majority in Alabama. Thus, if the injury occurs to the minor in Alabama, the 2 year time limitation begins to start at his/her 19th birthday; however, the lawsuit cannot be brought more than 20 years from the date the injury occurred. Note that this is for negligence claims only. Different time periods may apply to different claims, thus you should contact a lawyer to discuss what time period applies to your case.
Do different legal requirements apply if I am involved in a car wreck involving a municipal/city or county vehicle in Alabama?
YES! If a claim is being a file against a county or municipality, the claimant must submit a written notice of claim within the statutory prescribed time limits. For claims against municipalities (town or city), a written notice of claim must be presented to the City Clerk, registered mail, no less than six months from the date of the act/omission causing injuries/damages to the claimant. For claims against counties, a written notice of claim must be presented by the claimant to the County Commissioners no less than one year from the date of the act/omission causing injuries/damages to the claimant. Failure to present a notice of claim within the statutory time period will act as grounds to dismiss injured person’s claim entirely.
Disclaimer: Please note that the above information is not a comprehensive summary of the laws relating to injury claims in Alabama against government and non-government entities, and may change from time to time due to new laws and/or rules being implemented by the Alabama legislature and the Courts, thus you should contact a lawyer to explain the nuances of Alabama laws that may apply to your case. This is not legal advice, and is merely provided for information purposes only. You should consult a lawyer to discuss your claim independently, and you should not rely exclusively on any information provided here.