How Long Do I Have to File a Personal Injury Lawsuit in Alabama?

When You’re Injured, Time Isn’t Always on Your Side | Alabama personal injury statute of limitations

One moment, everything in your life is normal. Then an accident happens—whether it’s a car crash, a slip and fall, or another traumatic event—and everything changes. You’re in pain, you’re facing medical bills, and maybe you’re out of work. It’s overwhelming.

In the chaos, it’s easy to lose track of time. But here’s the truth: if you’ve been injured in Alabama and someone else is to blame, the clock is ticking on your right to seek justice. You need to know how long you have to file a personal injury lawsuit in Alabama—because if you wait too long, you could lose your chance to recover compensation entirely.

Let’s walk through the Alabama statute of limitations, what it means for your case, and why it’s so critical to take action sooner rather than later.

Understanding the Personal Injury Statute of Limitations in Alabama

In legal terms, a “statute of limitations” is the deadline by which you must file a lawsuit. If you miss it, your claim can be thrown out—even if you had a strong case. Here’s what you need to know if you’re considering legal action after an injury in Alabama.

Alabama’s Personal Injury Lawsuit Deadline: 2 Years

Under Alabama Code § 6-2-38, most personal injury lawsuits must be filed within two years from the date of the injury (1). This applies to:

Car Accidents

If you’re injured in a car crash caused by another driver’s negligence—whether from speeding, distracted driving, or running a red light—you have two years to file a lawsuit seeking compensation for your injuries, medical bills, and lost wages.

Truck Accidents

Collisions involving commercial trucks and 18-wheelers often result in severe or catastrophic injuries due to their size and weight. These cases may involve complex liability issues, including violations of federal trucking regulations or negligent maintenance. Victims have two years to file a lawsuit under Alabama law.

Motorcycle Accidents

Motorcyclists are especially vulnerable in crashes and often suffer serious injuries, even in low-speed collisions. If another driver’s carelessness caused your motorcycle accident, you have two years from the date of the crash to file a personal injury claim.

Slip and Fall Incidents

If you were hurt on someone else’s property due to unsafe conditions—such as wet floors, broken steps, or poor lighting—you may have a premises liability claim. You must file within two years of the injury.

Premises Liability Cases

Beyond slip and falls, premises liability covers injuries caused by negligent security, falling objects, unsafe walkways, or other hazards on private or commercial property. These cases also fall under Alabama’s two-year statute of limitations.

Medical Malpractice

When a healthcare provider’s negligence causes harm—whether through surgical errors, misdiagnosis, or failure to treat—injured patients typically have two years to file, though specific circumstances may affect this timeline.

Product Liability Injuries

If you were injured by a defective product—like faulty brakes, a dangerous household item, or a mislabeled medication—you can pursue a product liability claim. Alabama law gives you two years to take legal action.

Wrongful Death (with Some Variations)

For wrongful death claims, Alabama gives families two years from the date of death, not the date of the accident, to file a lawsuit. These cases follow different rules under Alabama Code § 6-5-410 and are often brought by the estate.

If your lawsuit is not filed within this two-year window, the court will almost certainly dismiss your case—no matter how serious your injuries or how clear the other party’s fault may be.

Important Exceptions That Could Shorten or Extend the Filing Deadline

While two years is the general rule, there are a few critical exceptions you need to be aware of. Here’s when the timeline might differ:

1. Claims Involving Minors or Legally Incapacitated Individuals

If the injured person is under 19 (Alabama’s age of majority) or is legally incapacitated, the statute of limitations may be “tolled” (paused) until they are legally able to file on their own. However, these cases are complex and should be evaluated by an experienced attorney.

2.Wrongful Death Lawsuits

In Alabama, the clock starts ticking on the date of death, not the date of injury. Families have two years from the date of death to file a wrongful death lawsuit under Alabama Code § 6-5-410.

3. Claims against the Government

If your injury involves a city, county, or state agency, different rules apply. For example:

Claims against a city: Must be filed within 6 months.

Claims against a county: Must be filed within 1 year.

These shorter timeframes require fast action, and additional notice requirements may apply (2).

4. Discovery Rule (Rare in Alabama)

In many states, you can delay the start of the clock until the date you “discovered” your injury. However, Alabama does not broadly apply the discovery rule, making it stricter than most states. An exception might apply for fraud, concealment, or latent injuries—but these cases are rare.

Why Waiting to File Your Injury Lawsuit Can Hurt Your Case

Even though you technically have up to two years, waiting can weaken your claim. Here’s why time matters in personal injury cases:

1. Evidence Fades or Disappears

Witnesses move, forget, or change their story. Surveillance footage may be erased. The longer you wait, the harder it becomes to gather the evidence needed to support your case.

2. Medical Records and Diagnosis Become Harder to Link

Delaying treatment or diagnosis makes it easier for insurance companies to argue that your injuries weren’t caused by the accident—or that they weren’t as serious as you claim.

3. Insurance Companies Will Use Delays Against You

If you take too long to pursue your claim, the other side may argue that your injuries must not be serious or that you’re not truly interested in seeking justice. This weakens your bargaining position in settlement negotiations.

What to Do If You Think You Might Have a Personal Injury Claim in Alabama

If you’ve been injured and you think someone else may be at fault, don’t wait. Even if you’re not sure you want to file a lawsuit, talk to a personal injury lawyer to protect your rights.

Talk to a Personal Injury Attorney Right Away

An experienced attorney will review your case, explain your options, and calculate exactly how long you have to file based on the specific details of your situation. They can also help preserve evidence and communicate with insurance companies on your behalf.

Get Medical Treatment and Keep Documentation

Even minor injuries can develop into serious problems later. Seeking care creates a paper trail that ties your injuries to the accident—a crucial part of proving your case in court.

Don’t Sign Anything from the Insurance Company Without Legal Advice

Insurance adjusters are trained to settle claims fast—and for as little money as possible. If you sign a release or accept a check, you could be giving up your right to sue, even if you discover new injuries later.

Don’t Wait to Get Help After a Personal Injury in Alabama

If you’re asking “How long do I have to file a personal injury lawsuit in Alabama?”—the answer is: not long. Most cases have a hard two-year deadline, and some even less. Missing the deadline could cost you everything.

Protect your rights. Preserve your claim. And get the support you need during this difficult time.

Contact Garnett Patterson today for a free consultation and take the first step toward recovery.

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