Auto AccidentsIf you’ve been injured in an accident caused by someone else’s negligence, it’s crucial to understand the personal injury statute of limitations in Alabama. In most cases, you have two years from the date of your injury to file a claim in Alabama. This legal deadline is known as the “statute of limitations” and determines how long you have to pursue compensation through the court system.
For example, if you were injured in an trucking accident on January 1, 2024, you must file your case before January 1, 2026. Missing this deadline can permanently bar your claim, regardless of how severe your injuries are.
However, there are several important exceptions depending on your specific situation and who the parties are. An experienced personal injury attorney in Birmingham, AL can help you determine exactly how much time you have to file.
Wrongful Death Cases
If someone’s negligent or wrongful act causes a death, the personal representative of the deceased’s estate has two years from the date of death to file a wrongful death lawsuit under Alabama Code § 6-5-410. These claims seek punitive damages to hold the responsible party accountable.
Minor Children
If the injured party is a minor (under age 19), the statute of limitations is “tolled”. This means the time to file does not begin until their 19th birthday. Once the minor turns 19, they have two years to file a personal injury lawsuit against the negligent party.
This rule ensures that minors who suffer injuries—such as in a car accident, dog bite, or premises liability case—are given a fair opportunity to seek justice once they reach adulthood.
People With Mental Disabilities
If an injured person is legally insane, incompetent, or otherwise lacks mental capacity, the statute of limitations is paused until they are declared mentally competent. From that point, they have two years to file a personal injury claim in Alabama.
Because capacity and legal status can be complex, it’s best to discuss your case with a knowledgeable Alabama personal injury lawyer who understands these exceptions.
Claims Against a City or Town
If your injury claim is against a city or town in Alabama, you have only six months from the date of injury to file a notice of claim with the municipality.
Failure to meet this short deadline will result in your claim being time-barred, even if the city’s negligence caused your injuries.
Claims Against a County
When the negligent party is a county government, you have twelve months from the date of injury to present your claim. Claims against counties and other government entities have unique procedural requirements, so it’s wise to consult a Birmingham personal injury attorney early in the process.
Claims Against Someone Who Died
If the at-fault party dies before you file suit, you must bring your claim within six months of the opening of their estate’s probate process. Failing to do so could prevent you from recovering compensation from the estate.
Alabama’s Discovery Rule
Alabama’s discovery rule can extend the statute of limitations in certain cases—particularly when the injury or its cause is not immediately apparent.
This means that the clock may start running from the date the injured person reasonably discovers, or should have discovered, the injury and its cause.
Example:
If a car accident victim later learns that a defective airbag caused their injury, the discovery rule could extend the filing deadline by up to one year from the date of discovery.
Because this rule varies based on the facts of each case, contact a personal injury lawyer in Birmingham, Alabama, to determine whether the discovery rule applies to your situation.
Why the Alabama Statute of Limitations Matters
Understanding the personal injury statute of limitations in Alabama is essential. A simple delay or misunderstanding could cause you to lose your right to pursue compensation for medical expenses, lost income, and pain and suffering.
The best way to protect your rights is to contact a personal injury attorney in Birmingham, AL, as soon as possible after your accident. An attorney can investigate your case, preserve crucial evidence, and ensure your claim is filed before the legal deadline.
Contact An Experienced Personal Injury Lawyer in Alabama
At Fob James Law Firm, we have over 40 years of experience representing clients throughout Alabama in serious personal injury and wrongful death cases. From car and trucking accidents to defective product claims and workplace injuries, our team fights for the maximum compensation our clients deserve.
Our firm takes on fewer cases so we can devote the time, care, and attention each client needs. We combine compassion for our clients with aggressive advocacy against insurance companies and negligent defendants.
If you or a loved one was injured, don’t wait until it’s too late. The statute of limitations may already be running.
📞 Call Fob James Law Firm today at (205) 407-6009 or contact us online for a free case evaluation.
Let our experienced Birmingham personal injury lawyers help you protect your rights and get the justice 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.