Will a Birmingham Car Accident Attorney Accept Your Case if the Statute of Limitations Is Near?

No matter where you live in the United States, you are subject to something called the statute of limitations. This is the law that dictates how long you’re able to wait before filing a lawsuit. In Alabama, the statute of limitations for a personal injury case is only two (2) years. If you don’t file your case in this timeframe, your claim will be denied and, you will be forever barred from filing suit in the future. This is why it’s so important that you talk to a Birmingham car accident attorney sooner rather than later.

When you wait too long to talk to an attorney, there is only so much they can do to help. It takes any normal attorney a few months to prepare a personal injury case in Birmingham. They need to talk to witnesses and request records. They may need to talk to experts and find out if your case is strong.

This takes time. It also takes money. They aren’t going to invest a lot of time and money into a case that doesn’t have value. And the only way to know if a case has value is to do your homework. It is also important that the lawyer feel confident that they are able to file the case in time to meet the statute of limitations.

If you’re running up against the statute, an attorney may not take your case. The last thing they want to do is get your hopes up and then realize they don’t have time to file your case. They also don’t want to waste their time and money preparing a case that is going to be dismissed for lack of prosecution. This is why it’s so important that you contact an experienced personal injury lawyer in Birmingham, Alabama as soon as possible after your accident.

Why Does It Take So Long to Prepare a Car Accident Lawsuit?

Some people think that you can file a lawsuit within a few hours. And, technically, you can. You can fill out the complaint, send it off to be served on the defendant and hand-deliver it to the court to be filed. However, in order to do this, there are a few things that need to be done first.

Your Birmingham car accident lawyer has to figure out who to name in the lawsuit. If there is more than one possible defendant, they all be named at the same time. If you’re running up against the statute, there will be no time to amend your claim later.

Second, they need to make sure they know what damages to demand. Until they know how bad your injuries and losses were, they cannot say with certainty what you are entitled to. Finally, they need to make sure your case is valid. No attorney wants to be accused of filing a frivolous lawsuit. They’ll want to make sure you haven’t already been paid or settled your case prior.

Contact an Experienced Birmingham Car Accident Lawyer Sooner Rather than Later

Ideally, you would contact an experienced car accident lawyer within a few days or weeks of your accident. You may want to give the car insurance company a chance to do the right thing and pay your claim. And your attorney understands that. If your claim is going to be paid quickly and easily, why would you want to pay an attorney a percentage of the compensation?

Once you realize that your claim isn’t going to be paid, then you should call our office. We’ll sit down with you and go over your paperwork. If we believe you have a valid claim for damages, we will let you know. We’ll also reach out to the insurance company and try to negotiate payment of your claim. If this isn’t possible, we’ll file a personal injury lawsuit on your behalf.

Keep in mind – in order to file suit, you have to meet the statute of limitations. If you are too close to that deadline, it could be hard to find any lawyer to take your case. The insurance company knows you are coming up against the statute. They will drag things out in the hope that you don’t actually file suit. Then, they’ll ask that your claim be dismissed.

Call and schedule your initial consultation with one of our skilled car accident lawyers. The consultation is free, and you don’t pay a dime until your case is resolved.

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