If you have been injured in an Alabama car accident, compensation may be available for your losses, but you must act swiftly. If you wait too long to file a claim, you could miss your opportunity to receive monetary support for your injuries and losses. This limited amount of time that you have to file a claim is known as the statute of limitations.
Even the most cut-and-dry case could get thrown out of court if the statute of limitations has passed. In Alabama, there are many different statutes of limitations that affect different types of cases. For example, there is a two-year statute of limitations on professional malpractice cases and a six-year limit for injuries to contracted employees. When it comes to Alabama car accidents, there is a two-year statute of limitations.
This means that you have two years to file a car accident claim. That clock begins ticking on the date of the incident or on the date of the discovery of harm. Therefore, you may have more than two years to file a claim if you only became aware of your injuries a little after the crash. For example, this can occur in cases involving whiplash that goes undetected. If the victim later experiences consequences from the accident and then receives a proper diagnosis, it may be possible to argue that the statutory clock should begin on the date of diagnosis and not from the day of the accident.
A statute of limitations exists for many reasons. This time limit gives the injured party a specific amount of time to decide whether to file a claim. It also provides a definitive deadline for all parties to plan accordingly.
The statute of limitations makes it is advisable to act quickly after a car accident. The longer you wait to take action, the more evidence you could lose. Acting quickly to begin an investigation or to file a claim will ensure that evidence is collected and preserved in a timely manner. If you or a loved one has been injured in a car wreck, contact an experienced Birmingham car accident lawyer to explore your legal rights and options.
Guster Law Firm, LLC can help. Contact us today at (205) 386-6844