Every state in the U.S. has the ability to set their own laws regarding the timeline of auto accident claims. The amount of time that an injured person has to file a claim is called the statute of limitations, and it can vary quite widely from one state to the next. Before you file an auto accident claim in Alabama, it is important that you understand exactly what the state's statute of limitations is, and how it is enacted in the state.
The Two Year Limit
The statute of limitations in the state of Alabama is two years. The time begins on the date of the accident and ends precisely two years from that date.
After the Two Year Limit
At the point when two years has passed since the accident, everyone who was involved in the accident will legally relinquish all rights to file an injury lawsuit in the case. This is known as being time-barred. Time-barring is something that will occur automatically. People who were involved in the accident will not receive any type of legal notice that the statute of limitations in their accident case is coming to a close or has expired.
Exceptions to the Statute of Limitations
There is only one exception to the statute of limitations in the state of Alabama. If a person who has been injured in an auto accident plans to file a claim, but they are under age 19, the statute of limitations works differently. The standard statute of limitations does not apply in this case.
Instead, the time limit does not start until the injured person's 19th birthday. Alabama law states that the legal age of majority is 19, so this law is designed to protect minors who are injured. This exception to the rule does not prohibit people under 19 from filing a claim prior to their 19th birthday but is instead designed to give them some extra time if it is needed.
Bottom Line: What to Do About the Statute of Limitations
The bottom line is that vehicle accident injuries should be addressed as soon as possible after the accident in the state of Alabama. Your personal injury lawyer may recommend filing a claim only after treatment is complete, but this treatment may take months or even longer. To get fully healed before filing the lawsuit, treatment should begin immediately. In this way, you can get the medical attention needed for your injuries and still stay within the statute of limitations set forth by Alabama law.
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