Question: Wait too long, and the court kicks your accident case out. Why?
JASON: Yes, it is true. Once that time passes, you will get nothing … ever. So don’t be lazy about getting your money.
In Alabama, the standard time limit to file a personal injury lawsuit is two years from the date of the injury. There are some exceptions, but very few. Some examples of exemptions include cases involving children or situations where you were unaware of your injury (such as when an environmental factor harmed your health, but you didn’t make the connection).
You may be wondering why I keep emphasizing “lawsuit.” This is because taking legal action is often the only way to compel the responsible parties to pay. It is the threat of a court battle and the possibility of a jury awarding a higher amount that often leads to a settlement.
People often ask why the statute of limitations (the legal term for this two-year limit) exists in the first place. There are two answers: the official reason and what I personally believe is the real reason.
The official reason is to ensure justice is delivered in a timely manner and to provide a fair resolution before evidence disappears or corrodes. However, I think a more practical reason is that business owners don’t want to deal with the past. After all, if a business had to defend claims from 10, 20, or 30 years ago, it would arguably hinder its current operations.
Now, the statute of limitations only means that a lawsuit must be filed. It does not mean the case has to be finished. In rare cases, it may take several years for a case to be resolved.
We assist individuals who are injured in all types of accidents. If you have any questions, don’t hesitate to reach out. The call will cost you nothing. We take pride in being known as “the lawyers near me” in and around Tillmans Corner.
Jason Steele
Personal Injury Attorney in Mobile, AL
Talk to me for free at (251) 666-1212.