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

When Should I File a Personal Injury Claim

No one expects to be in an accident or the victim of another type of injury, but when they do, you should be compensated. When you are injured at the fault of another, you can choose whether to file a lawsuit or not. In those cases in which you choose to file a lawsuit, 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 related to a personal injury, contact a personal injury attorney to talk through your specific injury and surrounding circumstances so you’re receiving customized legal advice designed to drive the most advantageous outcome.

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 a lawsuit against another person or entity related to that event. These limitations exist to create as much fairness as possible for all parties involved, while providing enough time for all parties to seek counsel and make necessary decisions regarding next steps. 

Need Personal Injury 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 our personal injury attorneys at Massey, Stotser, & Nichols, PC to help you with your case today.


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