With the exception of murder cases, every type of legal action has a time
limit for bringing the claim, or filing the claim into court. This time
limit, or deadline, is referred to as the “statute of limitations.”
After the statute of limitations period for your particular claim has
ended, your lawsuit cannot be filed. If it is filed late, the court will
most likely dismiss the case. Determining the actual deadline for your
case depends primarily on two factors: the type of claim you are bringing
and the laws in the state where your legal action will be filed.
The Purpose of a Statute of Limitations Period
Courts impose these filing deadlines for many reasons. As a practical matter,
most of the evidence that could be used to support or oppose a legal claim,
will very likely be destroyed or corrupted as time passes. Witness memories
often fade, the scene of the injury changes, and company records are destroyed
in the normal course of business. Therefore, it is always better for both
parties to start the litigation sooner rather than later.
The Statute of Limitations Period for Personal Injury Claims in Alabama
Alabama’s statute of limitations period for personal injury claims
is found at Ala. Code §6-2-38, which establishes a two-year deadline
for “all actions for any injury to the person or rights of another.”
However, if the victim dies as a result of a personal injury, caused by
someone else, then there may be a cause of action for wrongful death.
In Alabama, the statute of limitations periods for both types of claims
are the same. That may not be true in every state, however. With a personal
injury claim, the time limit begins to run on the day the injury occurs.
If you have questions regarding a personal injury matter, contact us
online or by calling the Law Office of Cody R. Wix, LLC, at (205) 381-4787.