A statute of limitations lays out the maximum amount of time an injured victim has to file a lawsuit. Like other states, Alabama has a law dealing specifically with personal injuries. Any person who is hurt in a car crash or other accident needs to pay close attention to this deadline. Failure to file a case in a timely manner can result in zero compensation. Call Ryan & Rouse to speak with a Huntsville personal injury lawyer. Our firm can move quickly if the deadline is approaching and handle negotiations for your case.
What is the Alabama Statute of Limitations for Personal Injury?
The statute is found at Alabama Code § 6-2-38(l). It states that any legal claim based on a bodily injury has a two-year statute of limitations. That means you will need to bring a lawsuit within two years of being injured.
The law works like this. Suppose you are hurt on June 15, 2026, in a car accident. You are in so much pain you can’t really think about your legal rights, which is okay, because you get two years from the accident to sue in court. Consequently, your claim is timely if you file a lawsuit before June 15, 2028. That is two years.
Consequences of Going Past the Alabama Personal Injury Statute of Limitations
Some people wait too long to file a legal claim, which is a disaster. The statute of limitations exists to create an incentive for accident victims to bring a timely claim. The fear is that waiting too long prejudices the defendant. Evidence can disappear or become stale, so the state wants anyone hurt to file a claim within a reasonable amount of time. Thus, the two-year statute of limitations.
If you wait too long, then the defendant can ask the judge to dismiss the case. And the judge will dismiss “with prejudice,” which means you cannot re-file later or in a different court. Once you go over the deadline, you lose the right to sue the defendant for compensation.
The results are dramatic. You can suffer horrifying injuries in an accident and spend thousands on medical care. But you lose any ability to hold the defendant accountable for injuring you, all because you took too long to sue.
The statute of limitations in Alabama for personal injury matters even if you hope to settle your claim. The insurance company will only settle if they think they might lose at trial. When you go past this deadline, the risk of losing in court disappears. You cannot expect an insurance company to fairly negotiate a reasonable settlement.
Are There Exceptions to the Two-Year Deadline?
Yes. There are some situations where an injured victim might get more time to bring a lawsuit:
- The victim is a minor. The statute is tolled until the victim reaches the age of majority, which is 19 in Alabama. Only when reaching adulthood will the clock begin to run. Consequently, you might have until age 21 to file a lawsuit and still be within the limitations period. (Alabama Code § 6-2-8.). However, there are different rules related to medical malpractice, and you should contact a personal injury attorney immediately.
- The victim is mentally incapacitated when the injury occurred. The statute of limitations is also paused if you have a mental incapacity, such as insanity. The statute does not begin until the disability ends.
- The defendant has fled from Alabama. The statute of limitations is tolled if the defendant leaves the state. (Alabama Code § 6-2-10.) That would make it hard to serve legal papers on the defendant, which is a necessary step to obtain compensation. So if the defendant leaves the state for a year, then you get an extra year under the law to bring suit.
- You are suing for the wrongful death of a loved one. The wrongful death statute of limitations is somewhat different. The clock will begin on the day your loved one died, which is not necessarily the day they were hurt in an accident. (Alabama Code § 6-2-38(a).)
These are the most common exceptions to the general statute of limitations. However, we strongly encourage you to reach out to our office as soon as you can. There are disadvantages to waiting. Evidence might disappear, or memories could fade. Let us analyze which deadline applies to your case.
What if You Are Suing the Government for an Accident?
Sometimes, government workers cause accidents. Think of a city driver who crashes into a car because the driver is careless, or if you fall inside a government building because of a defect. The state is the appropriate defendant in these cases.
Anyone suing a municipality in Alabama has a shorter deadline. You must provide written notice within six months of the accident if you are suing for a personal injury. (Alabama Code § 11-47-23.) So if you are hurt by falling inside a municipal building on June 15, 2026, you must notify them before December 15, 2026. That is a much shorter deadline.
Failure to give the required notice can bar your claim completely. This is one reason to quickly reach out to a lawyer after an accident. We can fully investigate who is responsible for the accident and file a claim to protect your rights. We can also negotiate with the state if you have a valid claim based on a government worker’s negligence.
Speak with a Personal Injury Lawyer Today
The weeks following an accident are turbulent. Many people have no idea what is happening, and they do not know where to turn to get answers to their questions. This is a confusing time.
Nonetheless, time is of the essence. There are unacceptable risks to delaying an injury claim. The best course of action is to pick up the phone and call.
Contact Ryan & Rouse for a free personal injury consultation. Our firm is dedicated to victims’ rights, and we can start analyzing your case immediately. We will tackle all aspects of your case, from evidence collection to negotiation and litigation. Our firm has helped those in the 35801 zip code bring legal compensation claims. Reach out to us today!