What is the Statute of Limitations in Alabama for Personal Injury Cases

If you’ve been injured in Alabama, you generally have two years from the date of the injury to file a personal injury lawsuit. This strict legal deadline is outlined under Alabama Code Section 6-2-38, and it applies to a wide range of personal injury claims—including car accidents, slip and falls, and product liability cases.

Failing to file within this two-year period typically means losing your right to pursue compensation through the court system. That’s why it’s crucial to understand not only the time limits but also the exceptions that might apply to your specific situation.

The Standard Two-Year Time Limit

The statute of limitations is essentially a legal countdown clock. Once it starts ticking—usually from the date of the accident or injury—you have exactly two years to file a lawsuit in civil court. After that, your case will most likely be dismissed, no matter how valid or serious your injury is.

This rule encourages timely resolution of legal disputes and ensures that evidence remains intact and witness memories stay sharp. But as with most laws, there are exceptions.

Exceptions to Alabama’s Statute of Limitations

While the two-year limit is the general rule, certain situations may delay—or “toll”—the statute of limitations:

Discovery of Injury: If you didn’t immediately realize you were injured or couldn’t have discovered the injury at the time it occurred, the clock may begin from the date you discovered (or reasonably should have discovered) the injury. This is known as the “discovery rule.”

Minors and Legal Disabilities: If the injured person is under the age of 19 or has a legal disability, the statute of limitations may be paused until the person turns 19 or is no longer under that legal disability.

Defendant Leaves the State: If the at-fault party leaves Alabama after the injury but before a lawsuit is filed, the time they are out of state typically doesn’t count toward the two-year limit.

Statute of Repose: Alabama has a statute of repose for product liability claims, which bars any lawsuit more than 10 years after the product was first sold—regardless of when the injury happened or was discovered.

Medical Malpractice and Government Claims

Certain types of claims have slightly different rules:

• For medical malpractice, the statute of limitations is still two years, but if the injury wasn’t discovered within that period, the law allows six months from the date of discovery to file a claim. However, no claim can be filed more than four years after the date of the malpractice event, regardless of when it was discovered.
• If you’re filing a claim against a government entity, even shorter deadlines apply. Claims against a city must be filed within six months, and claims against a county must be filed within one year of the incident.

Why the Clock Matters and What You Can Do About It

Understanding and acting within Alabama’s statute of limitations is not just a legal technicality—it can make or break your personal injury case. Missing this critical window means you may be left to handle medical bills, lost wages, and emotional distress on your own, with no legal recourse.

That’s why it’s so important to speak with an experienced personal injury attorney as soon as possible after an accident. The sooner you get legal guidance, the better your chances of building a strong case, preserving key evidence, and meeting all necessary deadlines.

Why Choose Drake Injury Lawyers

At Drake Injury Lawyers, we understand how overwhelming it can be to deal with a serious injury—especially when legal time limits are involved. From the moment you contact us, we work diligently to protect your rights, explain your legal options, and make sure your case is filed on time. Our Birmingham personal injury lawyers takes pride in delivering top-tier legal support with compassion, transparency, and a commitment to real results.

We’ve helped countless Alabama residents get the justice and compensation they deserve, and we’re ready to do the same for you. Whether you were injured in a car accident, suffered due to medical negligence, or slipped and fell because of someone else’s carelessness, we’re here to help you every step of the way.

Contact us today—let’s take action before time runs out.