If you or a loved one has suffered a traumatic brain injury (TBI) in Alabama due to someone else’s carelessness, you need to be aware of your legal rights. And one of the most important is the statute of limitations. This is a set deadline by which you need to file a lawsuit.
What is a Statute of Limitations?
The statute of limitations is time limit that sets a deadline for filing a lawsuit. This deadline exists for several reasons. It encourages people to pursue legal action promptly, helps ensure that evidence and witness testimonies remain reliable, and provides a degree of certainty for potential defendants.
Alabama’s Statute of Limitations for TBI Cases
In Alabama, the statute of limitations for the majority of injury claims, including those involving TBIs, is two years. If you don’t file a claim within two years, you will likely lose your right to seek compensation for your injuries.
When Does the Clock Start Ticking?
Generally, the two-year “clock” starts running on the date the injury occurred. For example, if the TBI resulted from a car accident, the clock starts on the day of the accident.
Exceptions to the Two-Year Rule
There are some situations where the two-year deadline might be extended, or “tolled,” in Alabama:
- Minors: If the injured person is under 18, the two-year countdown doesn’t begin until their 18th birthday.
- Discovery Rule: Sometimes, a TBI isn’t immediately apparent. In these cases, the “discovery rule” might apply. The two-year period may begin when the injury is discovered, or reasonably should have been discovered, rather than the date of the incident.
- Mental Incapacity: If the injury leaves the person mentally incapacitated, the statute of limitations might be extended until they regain capacity.
- Government Entities: The deadline is shorter when suing a government entity. The deadline is six months for lawsuits against cities, and one year for lawsuits against counties.
Why It’s Important to Act Quickly
Even though two years might seem like a long time, it’s essential to contact an attorney as soon as possible after a TBI. There are several reasons for this:
- Evidence Preservation: Evidence can disappear or become degraded over time. Witnesses’ memories can fade. Acting quickly helps your attorney gather the necessary evidence to build a strong case.
- Investigation: Your attorney needs time to investigate the circumstances of the injury, identify all responsible parties, and gather medical records.
- Negotiation: Before filing a lawsuit, your attorney will likely attempt to negotiate a settlement with the responsible party’s insurance company. This process takes time.
Damages Recoverable in a TBI Case
If you have been injured, you may be able to recover for economic and noneconomic losses, such as:
- Medical bills
- Lost wages
- Pain and suffering
- Loss of enjoyment of life
Suffering a TBI can be a life-altering event. Don’t let the statute of limitations expire on your potential claim. Monge & Associates has 32 offices in 19 states, including Alabama, Florida, and Virginia. If you or a loved one has been injured in an accident, call us now for a free consultation at (888) 477-0597. We’re here to help you understand your rights and fight for the compensation you deserve.