How Long Do I Have to File a Car Accident Claim in Birmingham?

One of the most common questions we get from prospective clients is: “How long do I have to file a lawsuit in my car accident case?”

Generally speaking, you have two years from the date of the crash to file your lawsuit in Birmingham, Alabama. Of course, there are several exceptions to the general rule.

If you need assistance pursuing a claim for damages resulting from a car accident, let our experienced Birmingham car accident lawyers help.

What Is the Statute of Limitations in Alabama for Car Accidents?

The “statute of limitations” is the time period you have to file a lawsuit against the at-fault party. Alabama limits the amount of time you can file a lawsuit out of fairness and efficiency.

For example, suing someone 10 years after a car accident would be prejudicial to the other party. Over time, evidence is lost and memories fade.

Also, the statute of limitations provides finality and certainty to all the parties involved. In other words, if you caused a car crash decades ago, you don’t have to worry about getting sued today.

Standard Car Accident Cases

Under Alabama Code § 6-2-38, the statute of limitations is two years. In laymans terms, you have two years from the date of the car crash to file a lawsuit.

For example, say you were injured in a crash on December 6, 2024. You would need to file your lawsuit no later that December 5, 2027. However, be aware Alabama recognizes several exceptions that could shorten or lengthen the time you have to file suit.

If you wait until the statute of limitations has passed, the court will likely bar you from recovery. That means you will collect nothing for your injuries, physical damages, or pain and suffering.

It’s not uncommon for the defendant’s insurance company to drag out the claim, hoping you’ll miss the statute of limitations.

If you are in negotiations with their insurance company beforehand and miss the deadline, they are not obligated to pay you anything even if you were close to a settlement.

That is one reason why it’s essential to contact an attorney at the start of your claim.

At Fob James Law Firm, we will handle all negotiations and ensure a lawsuit has been timely filed even in the scenarios listed below.

Wrongful Death Cases

If the victim died as a result of the car accident, the personal representative of the victim’s estate has two years from the date of death to file a wrongful death lawsuit against the negligent party.

Minor Children

The statute of limitations tolls until the injured minor is 19 years old. On their 19th birthday, the plaintiff has two years to file a car accident lawsuit against the negligent party.

People With Mental Disabilities

In Alabama, if the injured party is legally “insane”, incompetent, or lacks capacity, the statute of limitations is tolled until they are delcared mentally sane.

From that point forward the injured party has two years to file a car accident lawsuit.

Claim Against a City or Town

If the negligent party is a municipality, you have six months to properly present a car accident claim to the municaplity. Failure to file within six months case will result in your claim being time barred.

Claim Against a County

In Alabama, you have twelve months from the date of injury to file a claim against a County.

Claim Against Someone Who Died

If the at fault party dies, you have six months from the beginning of their estate’s probate process to file a car accident lawsuit in Birmingham.

Alabama’s Discovery Rule

Alabama’s “discovery rule” can extend the deadline to file a claim from the date the injured party reasonably discovers their injury or its cause.

For example, if a passenger of a vehicle was injured in a car crash and later discovered the cause of their injury was a defective airbag, the discovery rule could extend the statute of limitations one year from the date the injured party reasonably discovered (or should have discovered) the defect.

The discovery rule varies depending on the situation so contact Fob James Law Firm to discuss your particular case

Contact an Alabama Car Accident Attorney For Help

If you need assistance with a car accident claim in Birmingham, AL, let Fob James Law Firm help.

We have decades of experience assisting clients just like you. We understand the tactics insurance companies use and know all the ways to fight them.

Contact our office today to schedule an initial consultation. Our goal is to protect your rights and help you get the compensation you deserve.

Fob James

Fob James obtained a B.S., in software engineering from Auburn University and then continued his education by getting his J.D. from Vanderbilt University School of Law. After working for a large regional firm for several years where he obtained awards for both individual and corporate clients, Fob found that his passion was fighting for individuals who have been seriously injured or wronged by others. Fob believes that the jury is the great equalizer to the power and influence that large corporations have in society.