The statute of limitations for personal injury & accidents in Alabama is two (2) years (Ref: Alabama Code. Sec. 6-2-38).
What this means is that you (or your attorney) must file a lawsuit against a defendant within two years of the date of your accident. If you do not file a lawsuit within two years, generally you forfeit any potential claim against the defendant as a matter of law - meaning there will be no opportunity for a settlement, arbitration or trial.
Disclaimer: Although the information presented on this page is generally true there are some exceptions to this information, and the Alabama Statute of Limitations (and the exceptions) may change over time. If you or a family member was involved in an accident and considering seeking compensation for your injuries it is crucial that you speak to an Alabama personal injury lawyer to discuss your claim and potential recovery.
There are some variations & exceptions to the 2 year statute of limitations on personal injury cases in Alabama. Because of this, it is critical you discuss your matter with a lawyer who is highly experienced in personal injury law.
Accidents involving Minors: If there is a minor involved in the accident or incident that caused the injury, the minor’s time limit on their claim does not begin until he or she turns 19.
Accidents involving a Government Entity: If the injury claim involves a government entity or a government employee at the city, county or state level the time limit is six (6) months from the date of the incident. If your claim involved a federal government agency or employee, you have two (2) years to file a formal notice or injury claim. If your claim is denied, you then have six (6) months from the date of denial to file a lawsuit.
Insanity: If a person is declared to be insane, he/she is considered to be under a “legal disability” in Alabama. After the disability ends, he/she will have two (2) years to file a lawsuit against the responsible party who caused the accident.
If you miss the deadline to file a lawsuit and the Alabama statute of limitations passes (barring any exceptions), the opposing party will almost surely move for case dismissal and it will likely be granted. This also means that nearly any hope of a settlement will also be forfeited because there is no leverage to potentially pursue a trial (since it would immediately be dismissed).
