If you suffer an injury — for example, from a car accident or medical malpractice — and it was someone else’s fault, you can file a personal injury lawsuit to pursue compensation for your injury-related losses. However, you do not have unlimited time to file a lawsuit. Alabama’s statute of limitations places a two-year time limit on filing a personal injury claim. If the time limit expires before you file your personal injury lawsuit, you can lose your chance to seek financial compensation for your injuries.
What Is the Statute of Limitations for Personal Injury Claims in Alabama?
Alabama law places a general two-year time limit on lawsuits for “injury to the person or rights of another.” The two-year statute of limitations applies to most types of personal injury cases, including:
- Car accidents
- Slip and fall accidents
- Pedestrian accidents
- Premises liability cases
- Dog bite injuries
- Construction accidents
In most cases, the two-year counter starts from the day that you sustained your injury, though it can be tolled in certain circumstances. The two-year time limit also applies to claims for wrongful death due to another party’s negligence or wrongdoing.
Why the Statute of Limitations Matters in Personal Injury Cases
The statute of limitations in Alabama matters because it places a time limit on an injured person’s ability to file a lawsuit against the party that harmed them. If you have not filed your lawsuit by the time the two-year deadline expires, and you file it late, the court will most likely dismiss your claim without a hearing. You will lose the opportunity to pursue compensation through the court system, and you will lose your bargaining leverage with the insurance company.
Statutes of limitation exist to promote fairness and efficiency in the legal system. They encourage people to resolve conflicts promptly and also protect people from outdated claims where credible evidence no longer exists. Statutes of limitation also prevent the courts from becoming bogged down with a backlog of cases extending back years or decades.
Time Limits for Different Types of Personal Injury Claims
The two-year statute of limitations is a general time limit for personal injury cases. However, Alabama has a few different time limits for specific kinds of personal injury claims:
- Product liability cases – If a defective or dangerous product causes death or injury, you have one year from that date to file a product liability lawsuit. If you do not discover the injury until after the year has passed, you have a year from the date of discovery to file suit. However, you cannot bring a product liability lawsuit if it has been more than 10 years since you bought the product (Ala. Code 6-5-502).
- Medical malpractice cases – Most medical malpractice claims follow the general two-year time limit. However, if the injury was not initially detectable within two years, you have six months from the time you discover it or reasonably should have discovered it. Also, you cannot bring a medical malpractice claim after four years from the procedure, no matter when you discovered your injury (Ala Code 6-5-482).
- Intentional violence – You can also bring a personal injury lawsuit for acts of intentional violence, like assault and battery. The time limit on lawsuits for these intentional acts in Alabama is six years instead of two (Ala. Code 6-2-34).
- Claims against counties and municipalities – If you plan to sue a county or municipality for personal injury, you must first provide a notice of claim. You have one year to notify counties and six months to notify cities (Ala. Code 11-12-8 and Ala. Code 11-47-23). Note that filing a notice of claim is not the same as filing a lawsuit. It is a separate process you must do before filing a lawsuit against certain government entities.
Are There Exceptions to the Alabama Statute of Limitations?
In most cases, the time limits imposed by Alabama’s statutes of limitations start counting down on the date the act or omission that caused the injury occurred. There are a few exceptions, though, which could make a difference to your case:
- Discovery rule – Sometimes, accidents create hidden injuries that do not become apparent until much later. In these cases, the discovery rule pauses the two-year countdown until the day you discovered or could have discovered your condition through reasonable diligence. The discovery rule is to prevent your claim from expiring if you have an injury you could not reasonably have known about.
- Victim is a minor – If the victim is a minor (under 19), the two-year counter does not start counting until they turn 19. That means minors in Alabama effectively have until their 21st birthday to file a personal injury lawsuit (Ala. Code 6-2-8).
- Offender leaves the state – If the offender leaves the state of Alabama, their period of absence will not count toward the two-year time limit. The clock starts up again only once they return to the state (Ala. Code 6-2-10).
Can You Still Seek Damages After the Deadline Passes?
No. If you have missed the deadline for a personal injury claim, you can no longer seek damages through the legal system. The statutory deadline is the final word on personal injury lawsuits. Unless the countdown is tolled due to one of the above-mentioned exceptions, you will lose your chance to file a legal claim for financial compensation.
The exceptions to Alabama’s personal injury statute of limitations are few, so you should not rely on them without consulting a lawyer. However, you should still talk to an attorney even if you think the deadline might have passed on your claim.
How Our Lawyers Can Help You Navigate Alabama’s Filing Deadlines
The injury claim legal deadline in Alabama is strict, which is why it is crucial to contact an attorney and start building your claim as early as possible.
The attorneys at Morris, King & Hodge, P.C., are ready to pursue your case efficiently and effectively. We can handle every aspect of your claim, from initial investigations to settlement negotiations or trial, and ensure you meet all filing requirements and deadlines.
Our track record of successful settlements and verdicts reflects our skills both at the bargaining table and in the courtroom. Our firm has been a mainstay of Alabama’s legal community for over five decades, and we will use every resource we have to seek a positive outcome on your behalf.
Contact our office online or call today for a free case consultation with an experienced personal injury attorney in Alabama.