How Long Do I Have to File an Injury Claim in Alabama? – Studio 10
What follows is a transcript of an interview of J. David Greene and Joe Emer on Studio 10, a daily lifestyle show on FOX10 TV.
Joe Emer: When it comes to filing a claim, you should probably try to do so — or get someone involved — as soon as possible, because there is a clock ticking. At times, that claim actually can run out when it comes to what we’re talking about legally. I don’t know all the ins and outs, but this guy does. David Greene is here with us from Greene & Phillips. David, good to see you.
David Greene: Good morning. Good to see you.
Joe Emer: So the term we’re talking about is statute of limitations.
David Greene: Absolutely. And it can be OK, but it can be bad. Any time you’re involved in a crash, or any time you’re involved in a slip and fall — any type of injury case in the state of Alabama — you have a two-year statute of limitations. What that means is, from the date of the accident or injury until the date you have to file the case, you have two years from that date.
Now, we tell people: do not wait two years to call us. We want you to call us — or whoever you call. You don’t have to call Greene & Phillips. Call someone. But you have a two-year statute of limitations before the lawsuit runs out and you can’t do anything. So you need to seek legal counsel to get the advice you need very soon after your accident or injury — or any type of fall, or anything you have, because the statute of limitations starts running, and it can run out on you, especially if you’ve got a really big, bad case, really big, bad injuries.
I’ve got cases right now that are severe injuries, and I have people that have been treating for almost two years now. We went ahead and filed the suit and started working the case up. But it’s very important to keep in mind that the statute of limitations is a real thing, and it can kill your case. If you miss the statute of limitations, your case is forever barred, which means you cannot bring it.
Joe Emer: When it comes to a criminal investigation, you hear all the time about DNA evidence found ten years later, and they could go back and do whatever. Why do statutes of limitations exist when it comes to these types of cases?
David Greene: Well, it’s just fundamental fairness, really. You’ve got states like (and I’m not licensed in Florida; we have a lawyer licensed in Florida) they’ve just changed their rules from four years down to two years. In the state of Alabama, it’s a two-year statute of limitations, but it makes it so the case can end for the person who was the bad actor — the insurance company insuring the person that caused the crash. You don’t want a bunch of cases that are lagging around for years and years and years, which is very different than the criminal world. In the criminal world, if someone commits a crime, then our district attorney or the U.S. Attorney’s office is going to prosecute that crime based on what the evidence shows as they continue to investigate.
But in a civil case, you have a situation where you need to put your case together as quickly as you can, because valuable evidence leaves. Skid marks — they’re not going to be there after the first couple of rains, and with as much rain as we have in Mobile, we’re going to lose skid marks. Pieces of the car, the cars get lost, evidence gets lost, witnesses move out of the area. So you lose things. Very important to get with a lawyer and make a decision on who you’re going to hire, because that statute of limitations clock is ticking.
Joe Emer: So it is what it is, and the advice is to get started as soon as possible.
David Greene: As soon as you’re able, talk to a personal injury lawyer, like the lawyers at Greene & Phillips, and we can get you the advice to let you decide whether or not you want to get a lawyer. But in most cases, you do need one.
Joe Emer: All right. And if some of our viewers want to do just that, or want to keep this in mind for the future, how can they get in contact with the office?
David Greene: Very simple. You go to GreenePhillips.com, or call us at (251) 300-2000, or come to 51 North Florida Street, Midtown Mobile. You never need an appointment at Greene & Phillips.
Joe Emer: All right, David, thanks a lot.
Read more: Alabama’s statute of limitations for injury claims, explained
Originally aired on FOX10’s Studio 10
