The legal term statute of limitations is something that most people have heard. Whether hearing about it from a case from the news, or in an episode of Law and Order, it is fairly common to at least have a vague idea of what the statute of limitations is in a court of law. However, this understanding tends to be surface-level at best, and a more thorough comprehension can help many people receive the justice they deserve especially in regards to personal injury cases. If you were the victim of a personal injury and extenuating circumstances prevented you from filing a claim, you may be able to receive the compensation you deserve if the statute of limitations is not up. Read on for a fuller understanding of the statute of limitations for personal injury cases in Alabama.
What Is The Statute Of Limitations?
Essentially the statute of limitations is the strict time limit that a person has to file a claim in a court of law. These time limits vary from misdemeanor charges with a time limit of one year, to even crimes that have no statute of limitations. These crimes that have no statute of limitations in Alabama are primarily violent crimes, crimes involving sexual assault, felony arson, forgery, and drug trafficking among others.
For these crimes, a defendant can file a complaint until the day they die. The state of Alabama creates a statute for most cases to ensure that crimes are prosecuted in a timely manner. This allows for more accurate accounts of the events that transpired. The limitations also exists to prevent someone from being dragged to court for a minor offense years after the crime has been committed, say for instance after the perpetrator has come into some money and the person filing the claim sees an opportunity to settle for much more compensation than they could have gotten previously.
What Is The Statute Of Limitations For Personal Injury In Alabama?
The Alabama statute of limitations for filing a personal injury claim is a period of two years. This period starts after the accident the caused the injury occurs. This leaves a defendant two years to file against the person or parties who hurt them. However, as with most things, there are a few stipulations and special exceptions.
Exceptions To The Rules…
As it turns out, it pays to be young. One of the exceptions is that if the personal injury occurs to a minor, the two-year statute of limitations time period doesn’t begin until the minor has turned 19. This exception also applies to any person who has been declared insane. The statute time period begins once the person has been rehabilitated and declared sane. These exceptions also apply if you wish to pursue legal action against a town or city. In Alabama, you must file a claim against a town or city within six months. Also, you must file a claim against a county within a year.
If you are the victim of a personal injury in Alabama, you need to call Tim Fleming. You may be able to receive compensation for trauma you have endured. Tim has over 30 years of experience in Mobile, defending the claims of injured people like you. Call or contact Tim Fleming Law today, before the statute of limitations runs out.