Whether you’ve been in a car accident, injured on the job, or otherwise injured by no fault of your own, there’s a timeline for filing a personal injury claim.
If you’ve been injured in Alabama, you have two years from the date of your injury to file a lawsuit under the statute of limitations for personal injury. (Ala. Code § 6-2-38(l) (2024).)
So, what does the Alabama statute of limitations for personal injury entail? What does the law state, and are there any possible extensions? Get all these answers and more in the complete breakdown below.
What Is the Statute of Limitations?
The statute of limitations is the timeframe in which a plaintiff (the person bringing the case) has to file a lawsuit. In Alabama, there is a general deadline of two years to file a personal injury lawsuit from the date of injury.
For example, if you were injured in a motorcycle accident, you would have two years from the date of the accident to file a claim.
If you decide to file a claim, the first step is to talk to a personal injury lawyer. The lawyer is the one who officially files the injury claim. However, it’s important to note that the lawyer will first try to negotiate and settle the case without taking it to court.
If these negotiations fail, the lawyer will file the claim within the statute of limitations. Even though you have two years to file a claim after an injury, it’s important to contact a lawyer sooner rather than later so that there’s ample time to negotiate and resolve the case. If your case ultimately goes to court, it will extend the process by several months. Additionally, it may take a year or more to receive a court date.
How Long After an Accident Can You File a Claim in Alabama?
While the statute of limitations for personal injury in Alabama is generally two years from the time of injury, laws differ across states. In Tennessee, the statute of limitations for personal injury claims is one year from the date of the injury, while Florida also maintains a two year time period from the injury date.
Exceptions to the two-year statute of limitations in Alabama include:
- Dangerous Products: One year from the date of injury to file a claim
- Intentional Misconduct: Six years from intentional torts of assault and battery and false imprisonment to file a claim
Take a closer look at Alabama code for personal injury and wrongful death claims:
Alabama Personal Injury Statute of Limitations § 6-2-38(l)
When it comes to the statute of limitations for personal injury claims in Alabama, the law states, “All actions for any injury to the person or rights of another not arising from contract and not specifically enumerated in this section must be brought within two years.” (§ 6-2-38(l))
For example, if you were injured in a car accident on May 20, 2021, you would have until May 20, 2023 to file a claim. Common personal injury claims include, but aren’t limited to:
- Burn injuries
- Car, bicycle, boat, motorcycle, and other motor vehicle accidents
- Dangerous products
- Dog bites
- Medical malpractice
- Negligence-induced injuries
- Slip and fall injuries
- Worker’s compensation and other workplace injuries
If an injury causes death, you may have a wrongful death case on your hands. In this circumstance, Alabama law states, “An action by a representative to recover damages for wrongful act, omission, or negligence causing the death of the decedent under Sections 6-5-391 and 6-5-410 must be commenced within two years from the death.” (§ 6-2-38(a))
In this case, you would be filing a claim on behalf of a family member, such as a spouse, child, parent, sibling, or grandparent and would have two years from the death to take legal action.
Alabama Wrongful Death Statute of Limitations § 6-2-38(a)
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What if You Don’t Know You’ve Been Injured?
The general rule of thumb in Alabama is that you have two years from the date of injury to file a claim. You often know you’re injured when it happens or become aware shortly thereafter. But what if you didn’t realize you were injured right away? Does that mean you lose out on valuable time during your right to seek compensation?
Thankfully, in this specific situation (called the “discovery rule” in Alabama), you have more time to file. Under the discovery rule extension, the deadline to file a claim runs from the time you discover your injury, or when you should have discovered it had you been reasonably careful.
The discovery rule extension is rare, but it may apply if you didn’t know you were injured when the incident occurred, and you couldn’t have discovered the injury even if you earnestly looked for symptoms. Typically, this extension applies to medical malpractice claims where a surgeon left an instrument in a patient or removed unnecessary organs during a surgery.
If you’re hoping to leverage the discovery rule in Alabama, it’s important to work with an experienced personal injury lawyer to make your arguments in court because the defendant (the party you sue) will likely put up a tough fight.
Other Possible Extensions for PI Claims
There are two other possible scenarios in Alabama that could afford you an extension to file a personal injury claim. Those two circumstances are:
- Legal Disabilities: In Alabama, persons who are younger than age 19 or persons with various mental impairments are classified as legally disabled. Legally disabled people are considered incapable of handling their own legal affairs, so when a legally disabled person is injured, the limitation clock doesn’t start until the disability ends.
- Defendant Absent From Alabama: If the defendant leaves or has already left Alabama, the statute of limitations doesn’t run. When the defendant returns to Alabama, the timeline resumes or starts running. While this is an option for extention, it is a rare exception primarily used when there are issues tracking down the defendant to serve them the papers for the lawsuit.
What if You’re Partly at Fault for the Injury?
Alabama is a contributory negligence state. While other states may reduce the amount of damages you can collect if you’re found partly at fault for the accident that caused your injuries, Alabama does not allow you to collect any damages if there is even the smallest amount of fault found on your part.
Example: You were driving through an intersection with a green light while texting a friend. As you were driving through the intersection, a truck ran a red light and crashed into the passenger side. According to Alabama’s rule on contributory negligence, you are not eligible to collect damages since you were distracted while driving, which contributes to the cause of the crash.
Anticipate contributory negligence getting raised as a defense in your case—making it all the more vital to hire an experienced personal injury lawyer to navigate your claim.
Increase Your Odds of Success With Your Personal Injury Claim
While the statute of limitations for personal injury claims in Alabama typically affords you two years after the injury to file a lawsuit, it’s paramount to take action sooner rather than later. Legal proceedings can take months or years to settle depending on the type of case, so you’ll increase your chances of success if you seek legal counsel and clearly document everything as soon as you’re aware of your injury.
Alabama law can make it difficult to win personal injury claims, which is why having the right lawyer on your side can make all the difference. That’s why thousands of Alabama claimants have turned to Wettermark Keith to win the justice they deserve.
As the leading personal injury law firm in Alabama, you’ll have a compassionate and justice-driven team on your side. To start your personal injury case, schedule a free consultation with Wettermark Keith. You won’t pay anything until we’ve won your case.
Call or text (833) 588-9009 or fill out our Free Case Evaluation Form to get started
