Alabama Statute of Limitations on Personal Injury Claims
When you suffer a personal injury, the specific statute of limitations determines how long you have to file a lawsuit after your injury occurs. Missing this deadline can have serious consequences, your case could be dismissed entirely.
That’s why you need a personal injury attorney by your side. At Whit A. Thomas, Attorney at Law, we've been helping personal injury victims since 1980. Based in Alabama, we proudly serve clients in Baldwin County, Escambia County, Mobile County, and Monroe County.
We are dedicated to helping every client with our decades-long experience in handling personal injury claims. If you or someone you know has been hurt in a car accident, slip and fall, or any other type of incident, we’re here to help.
Understanding Alabama’s statute of limitations isn’t just a legal technicality; it is a critical step in securing the compensation you deserve. We aim to walk you through the statute of limitations and explain why you should act swiftly to protect your rights.
What is the Statute of Limitations?
A statute of limitations is a legal deadline—a time frame within which you are required to file your case. These laws vary by state and by the type of legal claim.
For personal injury cases in Alabama, this deadline is especially important. If you attempt to file a lawsuit after the statute of limitations expires, courts will typically dismiss your case, no matter how strong your claim may be.
The clock starts ticking the moment your injury occurs. This may sound straightforward, but it can get complicated, particularly if your case involves wrongful death or injuries that weren’t immediately apparent.
Alabama’s Statute of Limitations for Personal Injury Claims
Under Alabama Code Section 6-2-38, individuals who have suffered a personal injury typically have two years from the date of the injury to file a lawsuit. This includes a wide range of cases, such as:
Car, truck, or motorcycle accidents
Slip-and-fall cases or other premises liability claims
Workplace injuries, depending on the circumstances
Medical malpractice incidents
Product liability cases caused by defective or dangerous items
If your case involves wrongful death—a situation where someone dies because of another party’s negligence or intentional harm—the two-year statute also applies. However, the timeline generally begins on the date of the person's death rather than the date of the injury.
Certain factors can extend (or “toll”) the statute of limitations. For example, there may be exceptions if the injured person is a minor, mentally incapacitated, or unaware of the injury due to delayed symptoms.
Consequences of Missing the Deadline
Failing to file a lawsuit before the statute of limitations expires generally means that you will lose your right to have your case heard in court. This doesn’t just hurt your legal claim—it can leave you without the compensation you need to recover from medical costs, lost income, and other financial burdens caused by the injury.
Insurance companies are often very aware of these deadlines. If they believe you have waited too long to act, they have no legal obligation to negotiate a settlement with you—meaning you may find yourself with no recourse. Acting promptly is one of the best ways to protect your future and send a strong message to negligent parties.
Alabama Laws Governing Personal Injury Claims
Alabama has several laws and legal principles that may impact your personal injury claim. Here are a few key aspects to keep in mind:
Contributory Negligence
Alabama operates under a legal principle called contributory negligence. This law states that if you are found even partially at fault for your injuries—1% or more—you are barred from recovering compensation. For example, if a court determines you share a small portion of responsibility for a car accident, your claim could be invalidated.
This is one reason why having legal guidance early in your case is so important. A skilled attorney can help refute attempts by the other side to assign blame to you.
Damage Caps
Unlike some states, Alabama does not impose caps on the compensatory damages (like medical bills or lost wages) you can recover in personal injury cases. However, punitive damages—those meant to punish the at-fault party—are subject to limits.
Statutes for Minors
If the victim of a personal injury is under the age of 19, the statute of limitations may be extended. The clock doesn’t typically start until the individual turns 19, giving them until the age of 21 to file a claim. However, this does not apply to wrongful death cases.
Wrongful Death Claims
In Alabama, the laws governing wrongful death claims differ significantly from standard personal injury cases. The focus is not on compensating the victim's estate or family for losses but on punishing the wrongdoer. Therefore, only punitive damages can be awarded. The statute of limitations for wrongful death claims is two years from the date of death.
Comparative Fault vs. Contributory Negligence
You must understand the distinction between comparative fault, which many states apply, and Alabama's contributory negligence rule. Comparative fault allows for damages to be apportioned based on the plaintiff's degree of fault, while contributory negligence in Alabama completely bars recovery if a plaintiff is found to be even slightly at fault.
Personal Injury Attorney Serving Baldwin County, Alabama
At Whit A. Thomas, Attorney at Law, we've spent decades representing personal injury victims across Alabama, including those in Baldwin, Escambia, Mobile, and Monroe counties. With over 40 years of experience, we know how to pursue compensation for pain and suffering while providing strong legal support.
If you or a loved one is a personal injury victim, we encourage you to reach out. To schedule your free initial consultation, please call or contact us online.