There is a reason why car accident lawyers tell you to call them today to begin the legal process. Not only do you need to begin a claim to receive financial compensation, but you also have a deadline by which you need to file a case in court. You cannot miss this deadline, which is called the statute of limitations, under any circumstances. Otherwise, your right to seek compensation in a car accident case is gone forever. Call our experienced Anniston car accident lawyers at Steve Morris Law today to begin the legal process.
The Statute of Limitations Is a Strict Deadline
Alabama imposes a statute of limitations on all personal injury lawsuits. In Alabama, you have two years from the day that you were injured or should have known that you were injured to file your lawsuit. Usually, this is the date of your car accident.
The statute of limitations is a strict deadline. If you file your case even one day late, you no longer have a case to file. Simply stated, there is an expiration on your legal right to obtain financial compensation, and this is the statute of limitations.
Time Limit to File a Wrongful Death Lawsuit in Alabama
There’s also a statute of limitations in a wrongful death lawsuit. In Alabama, the statute of limitations in a wrongful death claim begins to run on the date of the accident victim’s death. Here, your family has two years from the date of death, rather than the date of the accident, to file a wrongful death lawsuit.
Exceptions to the Statute of Limitations in Alabama
You should not rely on an exception to the statute of limitations applying to your case. These exceptions are very rare and apply only in limited circumstances. Nonetheless, there may be some exceptions that could still allow you to file a lawsuit after the statute of limitations ordinarily would have expired. These exceptions may include the following:
- The defendant intentionally tried to evade service of process
- The defendant left the state
- You did not discover your injuries until after the accident, even after you used reasonable diligence
- The accident victim was a minor when they were hurt
Special Issues Relating to Car Accident Injuries
Car accidents can present their own unique challenges in terms of the statute of limitations. For example, whiplash is one of the most common car accident injuries that drivers often suffer. However, the symptoms of whiplash are not always immediately apparent, with symptoms often not appearing until weeks or months after the accident. In this instance, the date the statute of limitations began to run can become an issue in your legal case. Waiting to hire an attorney may give the insurance company an opportunity to challenge your claim entirely.
While the statute of limitations only applies to lawsuits in court, it would effectively impact insurance claims. Theoretically, if you filed an insurance claim, and the insurance company denied it after the statute of limitations passed in your case, you would have no recourse. You would not be able to go to court and have the jury decide the case. Thus, you should file a claim with the insurance company and have plenty of time for you to go through negotiations before filing a potential lawsuit.
If You Suffered an Injury Because of a Car Accident in Alabama, Steve Morris Law Can Help
You never want to face the insurance company alone in a car accident case. If you do, you risk receiving a settlement that is far less than you deserve. Simply stated, you have no way to put pressure on the insurance company to do the right thing. If you hire Steve Morris Law for your case, we will do the following:
- Investigate the cause of your accent and gather evidence that could be used to prove liability
- Estimate the value of your claim so you know much to seek in damages
- File your claim with the insurance company and communicate with them on your behalf
- Negotiate a settlement that fairly pays you for the injuries that you have suffered
You do not want to track deadlines on your own. Not having a lawyer is not an excuse for missing the statute of limitations. The court will not give you a reprieve simply because you are representing yourself.
Contact an Alabama Car Accident Lawyer
If you have been injured in a car accident, time is of the essence when it comes to getting legal help. Call Steve Morris Law today to discuss your case and learn about your legal options. The first step is to schedule a free initial consultation. You could send this message online or call us today at 256-357-9211.
