FB Alabama Statute of Limitations for Birth Injuries, Medical Malpractice

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Alabama

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SOL for Medical Malpractice Claims (Minor Plaintiffs): 8 years

SOL for Medical Malpractice Claims (Parental Claims): 2 years

SOL for Wrongful Death Claims: 2 years

Alabama Statute of Limitations for Medical Malpractice Claims (Minor Plaintiffs)

8 years: Ala. Code § 6.5.482: Must file prior to 8th birthday for minors when injury occurred when minor was less than four years old.

Alabama Statute of Limitations for Medical Malpractice Claims (Parental Claims)

2 years: Ala. Code § 6.5.482: 2 years after negligence or six months after date of discovery, but never more than four years.

Alabama Medical Malpractice Claim Caps

Not applicable for the state of Alabama.

Alabama Statute of Limitations for Wrongful Death Claims

2 years: Ala. Code § 6-5-410(d): The action must be commenced within two years from and after the death of the testator or intestate.

Alabama Wrongful Death Claim Caps

Wrongful death statute allows the recovery of punitive damages only. Merrell v. Alabama Power Co., 382 So. 2d 494 (1980 Ala.).


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The following reviews from our clients do not constitute a guarantee, warranty, or prediction regarding the outcome of another legal matter. The cases mentioned in the reviews are illustrative of some of the matters previously handled by Grant & Eisenhofer involving various areas of birth injury law. These reviews are endorsements.

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The following reviews from our clients do not constitute a guarantee, warranty, or prediction regarding the outcome of another legal matter. The cases mentioned in the reviews are illustrative of some of the matters previously handled by Grant & Eisenhofer involving various areas of birth injury law. These reviews are endorsements.

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