Want to know more about your state-specific nursing home injury law? Check out an overview of Alabama’s nursing home injury law from Pintas & Mullins Law Firm.
Alabama 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.
Alabama Medical Malpractice
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.
Alabama Wrongful Death
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.
Alaska Nursing Home Negligence & Abuse
Statute of Limitations Alaska Stat. § 09.10.070
- Two years from the date the injury occurs. If the injured is, at the time the action accrues, a minor or mentally incompetent, the statute of limitations is delayed.
- The statute of limitations for claims for sexual abuse is delayed during any period of incompetency, and may extend beyond three years.
Alaska Medical Malpractice
Statute of Limitations Alaska Stat. §§ 09.10.070 and 09.10.140
- Two years from when injury is first discovered. Infants have until their tenth birthday to file.
Alaska Wrongful Death
Statute of Limitations Alaska Stat. § 09.55.580 (1996)
- Two years
- Alaska Stat. § 09.17.010: Non-economic damages cap include pain, suffering, inconvenience, physical impairment, and loss of enjoyment of life. Generally, these damages are capped at $400,000 or $8,000 multiplied by years of life expectancy of the injured, whichever is greater. In cases involving permanent impairment, there is a cap of $1,000,000 or $25,000 multiplied by years of life expectancy, whichever is greater.
- Alaska Stat. § 09.17.020: The punitive damages cap equals $500,000 or three times compensatory damages, whichever is greater. If the defendant was motivated by financial gain or knew the consequences of their actions, the cap is four times the non-economic damages or $7,000,000, whichever is greater.
- Moreover, if a person receives an award of punitive damages, the court will require that 50% of the award be deposited in the general fund of the state.
District of Columbia
The information provided here was prepared by the Pintas & Mullins Law Firm for research and informational purposes only. It does not constitute legal advice or an attorney-client relationship. While we try to keep this information current, the law is subject to change and it may not be reflected here immediately.
The Pintas & Mullins Law Firm expressly disclaims all liability with respect to actions taken or not taken based on the information provided. If you have a legal question or problem, please consult an attorney immediately.