Alabama Nursing Home Laws
Nursing Home Negligence or Abuse
Statute of Limitations Ala. Code § 6-2-38 (1993)
- Two years from date the injury is sustained, not when the injury is discovered.
Statute of Limitations Ala. Code § 6-5-482 (1993)
- Two years from when the injury was discovered, or reasonably should have been discovered. If discovered after two years, the statute runs six months from discovery.
Damages Caps Ala. Code §§ 6-11-21(j), (h)
- There are caps on punitive damage awards, however, these caps do not apply to actions for wrongful death or intentional infliction of physical injury.
- Caps are three times the compensatory damages or $1.5 million, whichever is greater.
- For purposes of the statutory cap, physical injury does not include mental anguish or emotional distress.
Statute of Limitations Ala. Code §§ 6-2-38 and 6-5-410 (1993)
- Two years
Damages Caps Ala. Code § 6-11-21 (1993)
- None. All damages are considered punitive. Damages recovered in a wrongful death action are not subject to the payment or debts or liabilities of the decedent, but must be distributed according to the statute of distributions.
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