Alabama Law Can Stop Your Auto Accident Money
- February 18, 2019
- Comments Off on Alabama Law Can Stop Your Auto Accident Money
Not only can the law stop you from suing and collecting… it has.
This is how it works: generally if you are hurt in Alabama, you only have 2 years to file a lawsuit. After that, you are out of luck … permanently. This is why I preach –talk with a lawyer soon after you discover that you are seriously hurt.
These parts of the law are called statutes of limitations. All states have them. They are meant to protect people from lawsuits years after an incident when much of the evidence could be lost.
What might shock you is that these limitation issues are true in other areas of the law also.Here are some examples under Alabama law:
- Libel/Slander – 2 yrs.
- Collection of Rents – 6 yrs.
- Trespass – 6 yrs.
- Fraud – 2 yrs. from accrual discovery
- Credit Card Debt – 3 to 6 years depending on specifics
- Breach of Contract – 6 years
In my personal injury practice, 2 years is basically it. But I have been able to make a claim under breach of contact and expand that to 6 years. This is very rare and tricky.
Here is an example of how that would work. Mr. Jones is injured in a wreck caused by another driver who did not have any liability insurance on their car at the time of the wreck. 2 years pass before Mr. Jones discovers the at fault driver did not have any insurance. You may think Mr. Jones is out of luck, but that may not be the case if Jones has Uninsured Motorist (UM) coverage on his car. If so, he can bring a claim for UM benefits against his automobile insurance company even though more than 2 years has passed because the UM claim is a contract claim based on his insurance policy with his automobile insurance company and the statute of limitations for contract claims is 6 years.
Here is the bottom line: take action or forever lose your right to collect or find justice. Even a good case can be thrown out because the injured person waited too long.
Also join us on NBC 15 LawCall here in Mobile every Sunday night at 10:30 right after the news. We will take your calls live.
Alabama Personal Injury Lawyer