How Long do I Have to File a Personal Injury Claim?

reasonable person lawyer birmingham No one expects to be in an accident or to have some other injury occur to him or her, but these things do occur. When they do, you should be compensated for whatever injury you have incurred. When you are injured at the fault of another, you have two options – file suit or not file suit. In those cases in which you choose to file suit, it is important to know and understand the statute of limitations on your claim and whether or not you have exceeded the time limit to file your claim. If you or a loved one is seeking information in this area, it is in your best interest to contact an experienced Birmingham personal injury attorney so that we can strategize about the best possible outcomes for your situation.

Statute of Limitations

A statute of limitations is the maximum time frame in which a legal proceeding may be initiated by a party or the time frame in which you must bring a suit in order for your claim to be heard in court. In Alabama, depending on your case, you will have a different amount of time in which to file suit against another. The differing time frames consist of:

  • For personal injury, the statute of limitation is two years;
  • For fraud, the statute of limitation is two years;
  • For injury to personal property, generally, the statute of limitation is two years;
  • For professional malpractice, the statute of limitation is two years;
  • For trespassing, the statute of limitations is six years; and
  • For libel/slander, the statute of limitation is two years;

If the statute of limitation passes, your claim can no longer be filed and you are barred from bringing suit against another. This is because the statutes of limitation are to provide as much fairness as possible to all parties involved, without allowing for a legal matter to go unfinished. Because of this, it is invaluable to seek legal advice and representation if you are contemplating bringing suit against another for an injury you have sustained.

Need Legal Advice?

Your claim is important, and this is especially true if you have been injured and have sustained medical costs, pain and suffering, and even loss of income as a result of your injury. However, if you do not act within a certain amount of time, then you alone may be responsible for whatever costs you incur. Because of this, it is invaluable to seek legal advice and representation if you find yourself injured. Contact an experienced personal injury attorney at Massey, Stotser, & Nichols, PC to help you with your case today.

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