Anapol Schwartz - Attorneys at Law
wrongful death

PA & NJ Personal Injury Lawsuits and Lawyers

How to file an accidental fatality claim

Alabama Statute of Limitations

Pennsylvania Statute of Limitations
In Pennsylvania, the statute of limitation for a wrongful death, personal injury, product liability, and medical malpractice lawsuit is two years.

A statute of limitation is a common law legal system that sets forth the maximum time period after certain events such as a wrongful death that legal proceedings may be initiated.

Statutes of limitations are predicated by fairness. Statutes of limitations provide closure which encourages courts and law enforcement agencies to handle lawsuit in a more timely fashion.

 

What are the statutes of limitations in your state?
Caps on Damages in Alabama

For Medical Malpractice, there is a no cap on non-economic damages and economic damages.

No award of punitive damages shall exceed three times the compensatory damages of the party claiming punitive damages or $500,000, whichever is greater.

In all civil actions where entitlement to punitive damages shall have been established under applicable law against a defendant who is a small business, no award of punitive damages shall exceed

In all civil actions where entitlement to punitive damages shall have been established under applicable law against a defendant who is a small business, no award of punitive damages shall exceed $50,000 or 10 percent of the business' net worth, whichever is greater.
In all civil actions for physical injury wherein entitlement to punitive damages shall have been established under applicable laws, no award of punitive damages shall exceed three times the compensatory damages of the party claiming punitive damages or $1,500,000, whichever is greater.

This section shall not apply to actions for wrongful death or for intentional infliction of physical injury.

For Product Liability Cap Damages - No award of punitive damages shall exceed three times the compensatory damages of the party claiming punitive damages or $500,000, whichever is greater.

In all civil actions where entitlement to punitive damages shall have been established under applicable law against a defendant who is a small business, no award of punitive damages shall exceed $50,000 or 10 percent of the business' net worth, whichever is greater.
In all civil actions for physical injury wherein entitlement to punitive damages shall have been established under applicable laws, no award of punitive damages shall exceed three times the compensatory damages of the party claiming punitive damages or $1,500,000, whichever is greater.

This section shall not apply to actions for wrongful death or for intentional infliction of physical injury.

For Pharmaceutical Cases, see the punitive damages for medical malpractice and product liability.

In Alabama, the statute of limitations for:

  • Negligence is 2 years
  • Medical Malpractice – 2 years from the date of the act
  • Product Liability – one year from date of injury. For ingestion of a harmful substance over time, it’s one year from when injury is found
  • Wrongful Death – 2 years from date of the death
  • Survival - 2yrs (may not be maintained simultaneously with wrongful death action)

In Alabama there are no caps on attorney’s fees for medical malpractice – no limitations
Minors Tolling: Except in cases of medical malpractice or wrongful death, the limitations period begins to run on the minor’s 19th birthday.

Alabama Trial Lawyers Association
770 Washington Ave., #170
Montgomery, AL 36104
334.262.4974
http://www.alabamajustice.org/AL

Alabama State Police
Public Information/Safety Education Unit
PO Box 1511
Montgomery, AL 36102
343.242.4371
http://www.dps.state.al.us

Please fill out the form below to see if you have a wrongful death case.

* Required Fields.
* Click on the Disclaimer, below, for Terms

PERSONAL INFORMATION
First Name:
Last Name:
E-mail Address:
Address:
 
City:
State:
Zipcode:
Phone: () - ext.

INCIDENT INFORMATION
Date of Accident:
Date of Death:
Name of Deceased:
Location of Accident:
Please describe what happened (cause of accident):
Comments/Questions: