Yes, there is a deadline to file a lawsuit. In a negligence case when someone is injured, in Alabama the deadline to file suit is two years. This deadline is called the “statute of limitations.” The idea behind a statute of limitations is that cases must be brought while evidence and memories are fresh about what happened and witnesses can be found.
Normally, the only way to keep time from running out is to file suit. The merits of your case do not extend the time to file suit! Talking about it to someone does not extend the time. Some types of accidents have a notice requirement such as accidents involving a County Government. If notice is not given within the required time period before suit is filed, filing suit within the statute of limitations does not protect you.
Specific legal requirements have to be met. In Alabama, you must file the lawsuit within two years of the date of the injury, if the injury was caused by negligence. This deadline includes claims for personal injuries caused by cars and truck accidents. It also includes most other types of personal injuries – physical injuries. Wrongful death cases also must be filed within two years of the date of death.
Most people think of medical malpractice cases as lawsuits against doctors. However, included within the definition of “medical care provider” are such providers as nursing homes and hospitals. These types of cases must be filed within two years of the date of the act, omission, or failure that gives rise to the claim. If the claim is not discovered and could not reasonably have been discovered within the two year time period, then the lawsuit must be filed within six months from the date of discovery or the date of discovery of facts which would reasonably lead to the facts being discovered, whichever is earlier. However, in that instance, the lawsuit must have been filed within four years of when the act occurred that lead to the injury.
There are special rules for minors. Except in medical malpractice or wrongful death situations, the time limit to bring a civil lawsuit in Alabama runs out on the minor’s 19th birthday.
The time limitations for you to act for some types of injuries can be as short as 6 months. For example, in Alabama employment discrimination claims must be filed with the Equal Employment Opportunity Commission (EEOC) by filing an EEOC charge within 6 months of the discrimination. Most grievance procedures are even shorter!
Many times there are various legal theories that apply to a fact situation. Different theories have different statutes of limitations. Different theories also may limit what you can recover under that theory. If suit is brought under a different theory, you may be able to make a claim for damages that you could not make under another theory. For example, normally emotional distress can be recovered in a personal injury case, but cannot be recovered in most situations where a contract is breached (broken by someone not doing what they are supposed to do in the contract).
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I recommend you act now! If you think you have a possible claim, consult an attorney. If you don’t know whether you do or don’t have a claim, get some legal advice. Don’t miss your deadline!
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