Gardberg & Kemmerly, P.C. Attorneys at Law

Statute of Limitations and Your Personal Injury Claim

The legal process puts time limits on legal claims and each state sets their own time limits. These time limits are called the Statute of Limitations. In Alabama, a personal injury claim based on general negligence resulting from an automobile accident or a premises liability claim must be made within two years of the date of injury. By contrast, if these types of claims occur in another state, the statute of limitations may be longer or shorter. An attorney licensed in the state where you are injured should be able to tell you your time limit.

If you have a claim against your own uninsured/underinsured motorist (UM/UIM) insurance carrier, your statute of limitations is no less than six years in Alabama. Your UM/UIM insurance is automobile insurance you purchase to cover your damages in the event you are injured in an accident where the person who is at fault either has no insurance or has an inadequate amount of insurance. Alabama courts have determined that a UM/UIM claim is more like a contract than it is a personal injury claim.

There are very few exceptions that can extend the time period for you to bring a claim. Common exceptions are where the person injured is a minor or is judged incompetent by a court. After the Statute of Limitations expires without an exception, your right to bring a claim expires and you will be forever barred from recovering your damages. Alabama courts have changed the law frequently in recent years regarding the time period for UM/UIM claims. An experienced attorney will have the knowledge necessary to protect your claim and make sure it does not expire

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