The Short Answer:
In Alabama, you generally have 2 years from the date of injury to file a personal injury lawsuit. This deadline is known as the statute of limitations. Missing this deadline could result in your case being dismissed. Some claims, like those involving government entities or wrongful death, may have different or shorter deadlines. Always consult an attorney early to protect your case and avoid losing your right to compensation.
Key Takeaways:
- General personal injury deadline: 2 years from the date of injury (Ala. Code § 6-2-38)
- Wrongful death claims: Must be filed within 2 years from the date of death (Ala. Code § 6-5-410)
- Claims against a city or municipality: Notice must typically be filed within 6 months
- Claims against a county: Notice required within 12 months
- Claims against the State of Alabama: Must follow special procedures through the Board of Adjustment
- Federal claims: Must file an administrative claim within 2 years under the Federal Tort Claims Act for torts involving agencies like the USPS or VA
- Minors and legally incapacitated individuals: May have an extended time to file once they reach legal capacity
- Injuries discovered later (limited cases): The clock may start when the injury is discovered (rare exceptions)
- Intentional concealment or fraud: May toll (pause) the statute of limitations
- Workers’ compensation claims: Separate rules and deadlines apply—generally within 2 years, but notice must be given promptly
Table of Contents
- What Is the Statute of Limitations for Alabama Personal Injury Cases?
- Other Important Filing Deadlines by Case Type
- What Happens if You Miss the Statute of Limitations?
- Possible Exceptions to Alabama’s Statute of Limitations
- Common Alabama Personal Injury Lawsuit Deadlines
- Do Not Wait to Protect Your Rights
What Is the Statute of Limitations for Alabama Personal Injury Cases?
If you were hurt in an accident, time matters. Alabama law limits how long you have to file a personal injury lawsuit. If you wait too long, you may lose your right to recover compensation.
In most cases, Alabama law gives you 2 years to file a personal injury lawsuit. This rule, which is known as the statute of limitations, is detailed in Ala. Code § 6-2-38. Here are a few common personal injury claims that are governed by the 2-year time limit.
- Car accidents
- Truck accidents
- Motorcycle accidents
- Rideshare (Uber/Lyft) accidents
- Slip and fall injuries
- Dog bites
- Pedestrian accidents
- Fatal accidents and injuries
If your lawsuit is not filed within 2 years, the court will likely dismiss it, even if your claim is otherwise valid. It is important to understand that insurance negotiations do not stop the clock. Even if an insurance claim is pending, your attorney must still file a lawsuit before the deadline.
Other Important Filing Deadlines by Case Type
Some personal injury cases have different deadlines or additional filing requirements. Here are some of the most common exceptions.
Wrongful Death
Wrongful death lawsuits must be filed within 2 years of the deceased’s date of death (if different than the date of the injury) per Ala. Code § 6-5-410. Because the estate’s personal representative is the only person who can file this type of claim, the court may allow extra time if there is a delay in appointing a personal representative. However, judges still expect you to be diligent and avoid procrastination or unnecessary delays.
Workers’ Compensation
Workers’ compensation claims often involve different deadlines and notice requirements because they’re typically resolved by the insurance company rather than in the civil court system. Here are a few of the deadlines that may apply.
- Workers should notify their employer of the injury in writing within 5 days of the accident.
- Notice must be provided no later than 90 days after the injury or when it should have been discovered.
- If you have the right to file a work injury lawsuit (rare), the 2-year time limit applies.
Injury Lawsuits Involving Government Entities
Deadlines for government claims are even shorter. Procedures are strict. Damages may be capped, and you may have to provide advance notice of your intent to sue. Here are some general deadlines that apply to governmental liability claims in Alabama.
City or Municipality Claims
If your injury involves a city or town in Alabama, you may be required to file a formal notice of claim within 6 months of the injury. Failure to provide a timely notice can bar your claim.
County Claims
Claims against an Alabama county typically require a notice of claim to be filed with the county commission within a set period. Different procedures may apply depending on the circumstances.
State of Alabama Claims
Claims against the State of Alabama are often handled through the Alabama Board of Adjustment. Strict procedural rules apply.
Federal Government Claims
If a federal employee or agency caused your injury, the Federal Tort Claims Act (FTCA) may apply. Administrative claims generally must be filed within 2 years before a lawsuit can proceed.
What Happens if You Miss the Statute of Limitations?
If you miss the deadline, several things can happen:
- If you file a lawsuit, the defendant can file a motion to have it dismissed.
- You lose leverage in insurance settlement negotiations.
- The at-fault party may have no legal obligation to pay, so you lose your leverage.
Insurance companies are aware of these deadlines. Once the statute of limitations expires, they have little reason to offer a fair settlement. That is why early legal guidance matters. Contact attorneys at Floyd Hunter Injury Law for a free, no-obligation consultation to find out what your options are if you’re close to the deadline.
Possible Exceptions to Alabama’s Statute of Limitations
In some limited situations, you may have extra time to take legal action. These exceptions are rare and fact-specific, so don’t assume that you qualify. Courts apply them narrowly. Here are some possible exceptions.
- Minor Children: For personal injuries affecting children, the statute of limitations typically doesn’t start running until the child’s 19th birthday.
- Incapacity: If the injured person is legally incapacitated or incompetent, the deadline may be halted until the person’s disability is removed.
- Fraud or Concealment: Plaintiffs may be given extra time to take action if the defendant knowingly or intentionally concealed their wrongdoing.
- Discovery Rule (limited application): In some cases, such as medical malpractice, the clock may only begin running when the injury was discovered or should have been discovered.
It takes time to gather evidence and prepare a lawsuit or demand letter, so don’t wait until the last minute. If your accident happened several months to a year ago, speak to an attorney immediately to see how much time is remaining.
Common Alabama Personal Injury Lawsuit Deadlines
Every case is different. The exact deadline may depend on who is involved and how the injury occurred.
| Case Type | Typical Deadline |
| Car accident | 2 years |
| Truck accident | 2 years |
| Motorcycle accident | 2 years |
| Slip and fall | 2 years |
| Dog bite | 2 years |
| Pedestrian accident | 2 years |
| Wrongful death | 2 years (from date of death) |
| Injury involving the city | Notice is often required within 6 months |
| Federal government claims | Administrative claims generally have a time limit of 2 years |
| Workers’ compensation | Separate notice and filing deadlines apply |
Do Not Wait to Protect Your Rights
At Floyd Hunter Injury Law, we understand how overwhelming an injury can be. Medical bills pile up. You may be out of work. Insurance companies may pressure you to settle quickly. As Those Thumbs Up Guys®, we take that burden off your shoulders. We focus on protecting your rights and meeting these critical deadlines.
If you were injured in Montgomery, Millbrook, Prattville, Selma, Tuskegee, Wetumpka, Union Springs, or nearby communities, we are ready to help.
Don’t risk missing your deadline. Contact Floyd Hunter Injury Law today at 334-463-0335 to request your free, no-obligation case review.
