How much time do you have to file a personal injury lawsuit in Alabama? The answer depends on the type of claim, and the law doesn’t provide much room for mistakes. If you wait too long, you could lose the right to sue entirely, no matter how strong your case might be. Prompt action allows you to protect your right to pursue compensation. Here’s what you need to know about the statutes of limitation for personal injury in Alabama and how these laws could affect your case.
Understanding the Statute of Limitations in Alabama for Personal Injury
A statute of limitations is a law that sets a strict deadline for filing a lawsuit. In personal injury cases, it determines how long injured parties have to bring their claims to court. These laws encourage people to bring claims while the evidence is still fresh and witnesses can recall events accurately.
Why the Statute of Limitations Matters in Alabama
The statute of limitations can make or break a personal injury case. If you miss the filing deadline, the court will dismiss your claim, regardless of how strong your supporting evidence might be. This means you could lose the chance to recover compensation for your injuries simply by waiting too long. Alabama has special rules for certain claims, like cases involving medical malpractice or claims against government entities, which can shorten the filing window even further.
Personal Injury Cases and Their Filing Deadlines in Alabama
Alabama law sets strict time limits on personal injury cases, and missing a single deadline could end your case before it begins. The exact deadline depends on the type of claim.
General Personal Injury
There is a two-year deadline for most personal injury lawsuits in Alabama (Alabama Code § 6-2-38). The filing window usually starts on the date of the injury.
Wrongful Death Claims
Wrongful death lawsuits are subject to a two-year deadline in Alabama, just like most personal injury lawsuits. However, the two-year filing window begins on the date of death, which isn’t necessarily the same as the date of the fatal injury (Alabama Code § 6-5-410).
Medical Malpractice
Medical negligence claims follow special rules under the Alabama Medical Liability Act (Alabama Code § 6-5-482). The standard deadline is two years from the date of the act or omission that caused the injury. If the malpractice could not have reasonably been discovered within those two years, the law gives the patient up to six months from the date of discovery to file.
However, Alabama has a strict statute of repose, which sets an absolute deadline for filing a malpractice lawsuit, no matter when the harm is discovered. No medical malpractice claim can be filed more than four years after a negligent act in Alabama, no matter when the patient discovers it.
Alabama does not extend the filing window for mentally incapacitated patients in malpractice cases. While state law usually gives people who are mentally incapacitated extra time to file (Alabama Code § 6-2-8), the Alabama Medical Liability Act overrides that rule for malpractice cases.
Slip-and-Fall Accidents
The slip-and-fall statute of limitations in Alabama is the same as the general personal injury statute of limitations. A person who falls and gets hurt on another’s property generally has two years from the date of the accident to sue.
Claims Against Government Entities
Claims against government bodies involve tight deadlines and additional hurdles. Before filing a lawsuit against any government entity, injured parties must give notice of their claims. For claims against cities or towns, Alabama Code § 11-47-23 requires notice within six months of the injury. For claims against counties, Alabama Code § 11-12-8 requires notice within 12 months.
Alabama’s Constitution gives the state itself absolute immunity from claims. That means injury lawsuits generally cannot be brought against the state or its agencies. If you believe you have grounds for a lawsuit against the state or a state agent, contact a personal injury attorney for guidance.
Exceptions and Special Rules That Can Extend or Shorten Deadlines
Certain exceptions in Alabama law can change how much time you have to file a lawsuit after an injury or wrongful death. Some rules provide extra time, while others shorten the filing window.
Minor victims
If an injured person is under 19 at the time of injury, Alabama law gives them more time to file (Alabama Code § 6-2-8). The law gives two years after the child turns 19. Since personal injury claims generally have a two-year statute of limitations, this would mean that an injured minor most likely has until their 21st birthday to file a lawsuit. However, the law also imposes an absolute time limit: no case can be delayed more than 20 years after the injury, no matter when the person reaches adulthood.
Defendant leaves the state
If a person who caused an injury (the defendant) leaves Alabama, the “clock” stops while they are gone. Under Alabama Code § 6-2-10, the time of their absence does not count toward the filing window. Once the defendant returns to the state, the “clock” starts again.
Fraud or concealment
Sometimes, an injured party doesn’t know right away that they have a claim. If the defendant committed fraud or hid information in a way that prevented the injured person from discovering that they had a claim, the filing window can start later. In those situations, the filing window begins when the fraud is discovered or reasonably should have been discovered (Alabama Code § 6-2-3). After that point, the injured person has two years to file suit.
Medical malpractice in minors
Normally, the medical malpractice statute of limitations in Alabama says malpractice cases must be filed within two years, with a maximum of four years under the statute of repose. However, state law makes one exception for very young children. If malpractice occurs before a child turns 4 years old, they have until their 8th birthday to bring a claim. Older minors do not get this extra time.
Government claims
Claims against government entities are subject to special notice requirements. For claims against cities and towns, injured parties must give notice within six months of the injury. For claims against counties, notice is required within 12 months. These notice of claim deadlines are separate from the actual deadline to file a lawsuit, which is still the standard two years. If an injured party with a government tort claim fails to provide the proper notice, the court may reject their case, even if they meet all other requirements and deadlines.
How to Protect Your Right to File a Personal Injury Claim in Alabama
Filing deadlines are strict in Alabama personal injury cases, and once a deadline passes, the court will not allow you to bring a claim. Here are some practical steps you can take to protect your right to sue:
- Avoid delays – investigation can take time, and evidence can degrade quickly.
- Save medical bills, health records, and discharge papers as soon as you receive them.
- Collect names and contact information from any witnesses.
- Keep a personal file with all paperwork, including correspondence and receipts.
- Contact a personal injury lawyer immediately after the injury to discuss your options.
An attorney can identify which statute of limitations applies to your case and determine whether any exceptions or special rules could affect the filing deadline. They can also track these timelines while building your case and keep your claim moving forward while you focus on recovery.
Common Misconceptions About the Statute of Limitations
Many people misunderstand how statutes of limitation work in Alabama personal injury cases, and the resulting mistakes can cost someone their right to bring a claim. Below, we address some of the most common misconceptions about Alabama’s statute of limitations.
“I can wait until I finish treatment before filing.”
This is categorically false—lawsuit filing deadlines run from the date of the injury, not the date when treatment ends. Medical care can take months or even years, but that does not affect the statute of limitations. If the deadline passes, the right to sue is gone, regardless of whether treatment is complete.
“If I didn’t know I was injured, the clock doesn’t start.”
This is only partly true. Alabama has a limited discovery rule that applies in specific situations, such as fraud or medical malpractice. For example, in malpractice cases, if a patient could not have reasonably discovered their injury within two years, the law allows up to six months after discovery to file. However, the law still prohibits malpractice claims after four years, no matter when the injury was discovered.
“The court will understand if I had a good reason for waiting.”
This is not how the law works. Courts strictly enforce statutes of limitation. Judges cannot extend filing deadlines simply because someone had a personal hardship, was still recovering, or did not realize the severity of their injury. Only the exceptions written into the law can change the time limit. This is why it’s so important to act quickly if you think you might have a claim.
Why Hire a Personal Injury Lawyer in Alabama for Time-Sensitive Claims?
Filing a lawsuit requires careful attention to detail, and the rules are not always straightforward. Without a lawyer to guide you, you might accidentally miscalculate a deadline, overlook an exception, or file in the wrong court. Any of these mistakes could ruin your case. An attorney can identify the correct statute of limitations for your case, track key deadlines, and handle all the paperwork while you focus on getting better. Legal guidance can prevent mistakes that could cost you your right to seek compensation.
Frequently Asked Questions
Alabama law sets clear deadlines for personal injury cases, but the details vary depending on the type of claim. The FAQs below address what you need to know if you suffer a preventable injury in Alabama.
What is the statute of limitations in Alabama for personal injury?
Most personal injury cases in Alabama must be filed within two years from the date of the injury. This rule applies to a wide range of claims, including those stemming from car accidents and slip-and-falls.
Does the medical malpractice statute of limitations in Alabama differ from other injury cases?
Yes. Most medical malpractice claims must be filed within two years of the malpractice incident. If the patient could not have reasonably discovered the injury within that time, the law allows up to six months from the date of discovery to file. However, the statute of repose sets an absolute deadline of four years from the date of the malpractice, even if the injury was not discovered until later. The law makes one exception for young children. If malpractice happened before the child’s 4th birthday, the child has until age 8 to file.
How long do I have to file a slip-and-fall lawsuit?
Slip-and-fall claims fall under the general two-year deadline for personal injury. The filing window starts on the date of the slip-and-fall accident.
Can the statute of limitations be extended?
In rare cases, yes. If the injured person was under 19 at the time of the injury, they have up to two years after turning 19 to file. If a defendant leaves Alabama after the injury accident, the time of their absence does not count toward the deadline. Fraud or concealment can also extend the time to file, but only in specific situations. For medical malpractice, the law only gives extra time for children injured before age four.
What happens if I file after the deadline?
If you file after the statutory period has expired, the court will almost certainly dismiss your case. Even if your claim would have been valid, missing the filing deadline permanently bars recovery.
Do I need a lawyer to file before the deadline?
You are not required to have a lawyer, but having one is always a good idea. An attorney can review your case, identify the applicable deadlines, and handle all the legal details for you. Legal filing deadlines are strict, and speaking with a lawyer as soon as possible is an excellent way to protect your right to sue.
Contact Our Alabama Personal Injury Lawyer for Help
Every personal injury case in Alabama comes with a filing deadline, and waiting too long to take action could jeopardize your recovery. If you have questions about the time limit for your personal injury claim, Collins Law, LLC, is here to help. Contact us today for your free consultation with a personal injury lawyer in Alabama.
