Certainly. Every type of civil legal action comes with certain time limits
or deadlines for filing a Complaint in court. This deadline is referred
to as the “statute of limitations.” If you do not file your
lawsuit before that deadline, there is a great likelihood that it will
be dismissed. The specific deadline depends on several different factors,
including the type of claims you are bringing, and the state in which
you are filing your claim. Alabama’s statute of limitations for
an auto accident case is different than Tennessee's statute of limitations,
The statute of limitations for a motor vehicle crash case in Alabama
Motor vehicle crash claims are generally considered personal injury claims,
unless a victim dies as a result of the crash. In that situation, there
may be a cause of action for wrongful death. However, in Alabama, the
statute of limitations period for both types of claims is the same. Alabama’s
statute of limitations for auto accident lawsuits is found at Ala. Code
§6-2-38, which sets a two-year deadline for “all actions for
any injury to the person or rights of another.”
When does the time limit start to run?
For personal injury claims, the statute of limitations period starts to
run on the day the injury (or death) occurs. In the case of a motor vehicle
crash, that would be the date the crash occurred. If your only claim is
for the damage to the vehicle, you have six years to file that type of
claim against the at-fault driver.
What is the purpose of a statute of limitations?
The purpose of imposing a time limit on filing any type of lawsuit is to
avoid the difficulties that the passing of time inherently bring in proving
or defending a claim. The evidence that supports or discredits a legal
claim is often destroyed over time. The memories of witnesses fade. The
scene of the crash can change dramatically. Relevant business records
may be destroyed, as a normal course of business. For these reasons, and
others, it is important to all parties that a lawsuit be filed as soon
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.