Just about everyone knows that if you are injured by another person, you have the right to take legal action to seek compensation for your damages. However, many people do not realize that this can also apply to governmental entities. Personal injury claims are not as straightforward when the government is involved as you will be required to file a Notice of Claim. Please continue reading to learn what a Notice of Claim entails and why connecting with our trusted Jefferson County Personal Injury Lawyers is in your best interest.
What is a Notice of Claim?
Firstly, it’s importnat to understand that Alabama is protected from lawsuits under the legal doctrine of sovereign immunity which dictates the government cannot be sued without its consent. However, there are exceptions. Injured parties can sue the government under limited circumstances. Before the comments of a lawsuit, Alabama requires those pursuing legal action against a governmental entity to file a Notice of Claim. This written document gives advanced knowledge to the government that it could be subject to a claim for damages. The primary purpose of this is to ensure that they have adequate time to investigate the merits of the claim.
What is the Statute of Limitation for Filing a Notice of Claim in Alabama?
The statute of limitations is a law that mandates a deadline for filing a lawsuit. Essentially, it sets the maximum time that parties have to initial legal proceedings from the date of an alleged offense. In Alabama, the statute of limitations for most personal injury cases is two years from the date of injury. However, if you are pursuing legal action against a municipality or the government, you will have much less time to act. As mentioned above, Alabama law requires that you give written notice of a personal injury claim when the responsible party is a local governmental entity. This is not the same thing as filing a lawsuit in court. Therefore, you will only have six months from the date of your accident to file a Notice of Claim. Failure to file a Notice of Claim within the legally prescribed time limit will result in the absolute bar of recovery. Missing the deadline will result in the forfeiture of your right to sue the at-fault party for your damages.
As you can see, it’s crucial to file your claim within the right time frame to safeguard your legal rights. At Alabama Personal Injury Lawyers, LLC, we are prepared to help you fight for the full and fair compensation to which you are entitled. Connect with our dedicated legal team today to learn more about how we can assist you in attaining justice.