Guide to the Alabama Statute of Limitations for Personal Injury

by Aaron Gartlan

October 13, 2025 | Personal Injury

Guide to the Alabama Statute of Limitations for Personal Injury

After you get hurt in an accident in Alabama, you have a limited time to file a lawsuit against the at-fault parties. Under the Alabama statute of limitations for personal injury, Ala. Code § 6-2-38(l), you typically have two years to file suit.

Courts strictly enforce the deadline the statute of limitations sets. If you file a personal injury lawsuit after the limitations period expires on your accident claim, you will likely lose the right to seek compensation for your injuries and related losses.

Understanding how the Alabama personal injury statute of limitations applies to your claim can help you protect your right to pursue financial recovery from those responsible for your harm.

Contents

What Is the Statute of Limitations?
Why Does Alabama Have a Statute of Limitations for Personal Injury?
How Long After an Accident in Alabama Can You File a Personal Injury Claim?
Are There Any Exceptions to the Two-Year Statute of Limitations?
Can the Alabama Statute of Limitations Be Extended?
What Is Tolling the Statute of Limitations in Alabama?
What Happens If You Do Not File a Personal Injury Claim Before the Statute of Limitations Expires?
Contact an Alabama Personal Injury Lawyer

What Is the Statute of Limitations?

The statute of limitations imposes a deadline for filing a legal action to pursue a claim, such as a personal injury claim following an accident. The deadline creates a cutoff for legal claims. Any claimant who files a lawsuit after the limitations period has expired on their claim will most likely have their case dismissed by the trial court if a defendant moves for dismissal.

Why Does Alabama Have a Statute of Limitations for Personal Injury?

Alabama law imposes a statute of limitations on personal injury claims for various reasons.

For one, the statute of limitations encourages prompt resolution of claims. By requiring accident victims to file their lawsuit within two years, the statute of limitations ensures that the court hears claims before evidence becomes lost over time or witnesses’ memories fade. The statute of limitations encourages claimants to bring their claims with fresh evidence and witness testimony.

Furthermore, the statute of limitations provides finality for potential defendants. Once the limitations period on a claim expires, a potential defendant can rest assured that they will not have to face liability for an incident, as they can move to dismiss any lawsuit filed against them as untimely.

How Long After an Accident in Alabama Can You File a Personal Injury Claim?

The statute of limitations on most personal injury claims in Alabama requires you to file your lawsuit within two years of the date of an accident that injured you. Similarly, if your family lost a loved one in an accident, the statute of limitations requires you to file your wrongful death claim within two years of your loved one’s passing.

If you suffered health complications or injuries due to medical malpractice, you also have two years after the negligent treatment or six months after the date you discovered your injury or complications to file a lawsuit, whichever occurs later.

If you sustained property damage in an accident, Alabama’s statute of limitations gives you six years to file a lawsuit to seek compensation to repair or replace your damaged property.

Statute of Limitations book for wrongful death concept

Are There Any Exceptions to the Two-Year Statute of Limitations?

Various exceptions to the two-year statute of limitations for injury claims can change the deadline for filing an injury lawsuit. Potential exceptions include:

One year for product liability lawsuits against the original seller (with a 10-year statute of repose from the sale of the product)
Six years for injury claims arising from intentional torts, such as assault, battery, sexual assault, kidnapping, or false imprisonment

If you have an injury claim against a county or municipal government, Alabama law requires you to provide notice of your claim to the government within 12 or 6 months of the date of your injury, respectively. You must submit your notice of claim before you can file a personal injury lawsuit, which you must file within the two-year limitation period.

Can the Alabama Statute of Limitations Be Extended?

In certain circumstances, courts will recognize extensions to the statute of limitations, allowing claimants to file lawsuits after more than two years have elapsed since their injury. Various legal doctrines allow for the tolling of the limitations period. Tolling pauses the running of the two-year clock during the tolling period.

What Is Tolling the Statute of Limitations in Alabama?

Common reasons why courts may recognize tolling of the Alabama statute of limitations in an injury case include:

Minors – When a person under 19 suffers an injury in an accident, the statute of limitations period for their personal injury claim does not start until their 19th birthday.
Discovery rule – Under the discovery rule, the statute of limitations on a plaintiff’s claim does not begin to run until the plaintiff discovers their injury, or should have discovered it by using reasonable diligence. The rule typically applies in cases involving latent injuries or medical conditions with a long latency period.
Defendant out of state – The law may pause the statute of limitations when the defendant leaves Alabama, and the plaintiff cannot locate them.
Fraudulent concealment – A defendant who intentionally conceals evidence of their liability for a plaintiff’s injury may toll the statute of limitations during the period of concealment.

What Happens If You Do Not File a Personal Injury Claim Before the Statute of Limitations Expires?

If you wait until after the statute of limitations expires on your personal injury case to file a lawsuit, you risk having the court dismiss your case, regardless of the merits of your claim.

After the statute of limitations expires on your claim, you will forever lose the right to pursue legal action against the parties liable for your injuries and related losses. Talking to our Alabama personal injury attorney as soon as possible after an accident can help you preserve your legal options for seeking financial compensation for your injuries.

Contact an Alabama Personal Injury Lawyer

When you suffer injuries in an Alabama accident caused by someone else’s negligence, you need experienced legal counsel from a personal injury attorney to pursue your claims within the time limits.

Contact us today at Gartlan Injury Law for a free consultation to discuss the Alabama statute of limitations with a knowledgeable personal injury lawyer. We offer dedicated legal representation, aggressive trial strategies, and proven results. We will always keep you up to date on the progress of your personal injury case and answer your questions about your rights and legal options.

Visit Our Alabama Personal Injury Law Offices

Aaron Gartlan

Aaron Gartlan is a graduate of Troy University and the Thomas Goode Jones School of Law who focuses his practice exclusively on representing those injured by the wrongdoing of others. He is member of the National Trial Lawyers Association’s Top 100 Trial Lawyers, Million Dollar Advocates Forum and Multi-Million Dollar Advocates Forum. In addition to his legal practice, Aaron teaches Business Law as an adjunct instructor at Troy University’s Sorrell College of Business and serves as a field artillery sergeant in the Alabama National Guard.

"When my husband was wrongly accused of a serious crime by a very disturbed family member, we hired Mr. Gartlan for representation on the recommendation of another. It turned out to be the best choice we could have made. From the beginning, Aaron listened to our story with the open mind of someone invested in not only earning his money or winning his case, but in truly helping our family. It became obvious to us early on that he genuinely believed in my husband's innocence, which was extremely important to us going forward. What was even more helpful and important to us was that Aaron was very familiar with the justice system in the county in which my husband was charged, so he was able to explain to us how and why things had proceeded the way they had. He helped us somewhat comprehend a situation that was completely illogical in the way it had been handled by law enforcement and the District Attorney's office. Thanks to the experience that Aaron has, he and his assistant, with the partnership of another attorney and the help of a private investigator, were ultimately able to put together a tremendous amount of evidence that contradicted nearly every detail of the prosecution's case, and proved that the alleged victim's entire story was a complete fabrication. All of this was done prior to the trial date, and fortunately Aaron maintains a relationship with the District Attorney's office that allowed him to communicate with them prior to trial about the facts in the case and what evidence we had that would destroy their case. That, combined with the fact that the alleged victim did not want to return to the state for trial so would have to be brought forcefully, ultimately led the District Attorney's office to dismiss all of the charges. While it would have been ideal for the law enforcement officers involved to have actually done some sort of investigating prior to charging my husband solely based upon the story of a disturbed person, we are thankful that when he was arrested and charged, we were given Aaron Gartlan's name. We are thankful to have moved past the horrible experience and are grateful for the hard work that Aaron and his team did to help us do so."

– anonymous