Monthly Archives: February 2020
What is the Discovery Rule in Alabama?
Feb 28, 2020 - Personal Injury by Cross & Smith
Tuscaloosa Injury Attorney Helping You When You Need it Most In Alabama — as in other jurisdictions — personal injury claims are subject to a statute of limitations period. The statute of limitations sets a “deadline” by which the claim must be brought. If the limitations deadline passes, then the claim cannot be pursued in an Alabama court of law (absent various exceptions). If you have suffered injuries caused by another’s negligence or intentional misconduct, then you may have an actionable claim for damages — but bringing a claim isn’t always as straightforward as one might think. In many cases, an injury might be suffered where the plaintiff doesn’t realize (at first) that they are entitled to pursue a lawsuit. They might not know that their injuries were caused by someone else. For example, if your car spins out of control and slams a tree, you might think it was your own mistake that caused the accident. Further investigation could reveal that the steering wheel was faulty, however, thus giving rise to a claim against the auto manufacturer. The discovery rule works by extending the applicable statute of limitations period. It suspends the running of the limitations period until the date that the defendant discovers that they have suffered a legally actionable injury. Let’s take a closer look at the rule and its inner workings. Basics of Alabama’s Discovery Rule The basic statute of limitations in Alabama for personal injury claims is two years from the date of injury. This […]Read More