October 21, 2009

For Alabama Personal Injury Lawsuits, Time Doesn’t Always Heal Old Wounds

The scenario goes something like this: You or a family member is hurt on the job in a construction accident, seriously injured in a car crash, or receive a concussion from a slip and fall at a local supermarket or retail store. In Birmingham, Huntsville or any of the dozens of small towns across Alabama, people suffer minor bumps and bruises all the way up to life-threatening and even fatal injuries just going about their normal everyday activities.

As a Birmingham personal injury lawyer, I have successfully represented clients who have been hurt due to another’s negligence. If you think you deserve to be compensated for medical costs or other damages, stop thinking and start acting. Other than the actual accident that caused the injury in the first place, you need to consider the calendar. That’s right, personal injury claims are greatly affected by the statute of limitations.

In Alabama, filing a lawsuit for any type of claim -- be it an injury from an accident or an outstanding debt that someone may owe you -- it is crucial to remember that there are deadlines for filing lawsuits.

Every state has different rules, and because of this there are different deadlines depending on the type of case. For example, here in Alabama the deadline for filing a negligence claim is typically two years from the date of the accident on which the claim is based. However, the deadline associated with breach of contract is usually longer. There are rare exceptions that can sometimes apply to change the deadlines imposed by statutes of limitations. For example, it is not uncommon for a minor child to be granted a longer period of time in which to file a lawsuit than an adult.

In this state, a worker’s compensation lawsuit must be filed within two years of the date of the accident. There can sometimes be an extension if the employer or the worker’s compensation insurance company makes payment of compensation benefits after the accident.

Furthermore, there can be situations where statutes of “repose” or rules of “repose” can create additional, and many times different, deadlines. These statutes can often operate rather severely in regard to an injured person’s rights if that individual’s injuries were caused by a condition created much earlier.

This all goes to the importance of contacting an Alabama personal injury lawyer as soon as possible to discuss your options. Due to the complex number of rules and exceptions regarding statutes of limitations, claims requirements, and other laws, I highly recommend that anyone contemplating a lawsuit should definitely retain qualified and experienced legal counsel.

Tags: Alabama Personal Injury, Birmingham Injury Lawyer, brain truama, bus crash, death, defective equipment, fatal accident, head injuries, hospitalization, spinal column injury

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September 27, 2007

Where Do I File A Personal Injury Claim In Alabama?

When seeking damages in Birmingham, Huntsville, Montgomery, Tuscaloosa, Mobile, Hoover, Trussville, Mountain Brook, Vestavia Hills, Homewood, Fultondale, Gardendale, Hueytown, Bessemer, Pelham, Moody, Leeds, Madison, Florence, Gadsden, or in Jefferson County, Shelby County, St. Clair County, Walker County or anyplace throughout the state of Alabama, you must file your claim with a certain court.

When you file a claim seeking damages against individuals the following rules apply:

1) for the recovery of land, claims must be filed in the county where the land is located.
2) for contract disputes, claims must be filed in the county where a defendant resides.
3) all other claims must be filed where the injury occurred or where a defendant resides.

Tags: Civil Procedure

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