Your Deadline to File an Injury Case in Alabama

If you’ve suffered an injury in Alabama, you have a limited window to file a lawsuit. Alabama law sets a strict two-year deadline to file injury cases. Missing this deadline can cost you your right to seek compensation. Understanding when your deadline falls and what exceptions might apply can protect your legal rights.

Understanding Alabama’s Two-Year Filing Deadline

Alabama Code § 6-2-38(l) establishes a two-year statute of limitations for most personal injury claims. You have exactly two years from the date of your injury to file a lawsuit in court. The clock starts ticking on the day the injury occurs, not when you discover it (with limited exceptions).

Courts in Alabama strictly enforce this deadline. If you file your lawsuit even one day after the two-year mark passes, the court will dismiss your case. You lose your right to pursue compensation, regardless of how serious your injuries are or how clear the defendant’s fault may be. This is why understanding Alabama’s negligence laws is critical to your case.

The statute of limitations exists to keep cases fresh. Evidence remains available. Witnesses can still recall events clearly. However, this deadline works against injured victims who delay seeking legal help. The sooner you contact an Alabama personal injury attorney, the better your chances of preserving evidence and building a strong case.

Why Choose Farris, Riley & Pitt, LLP

Farris, Riley & Pitt, LLP brings over 20 years of experience handling personal injury claims throughout Alabama. Our Alabama injury lawyers have recovered millions for injured clients. These recoveries include an $8.0 million trucking accident settlement, a $9.4 million plant accident recovery, a $10.0 million wrongful death case, and a $7.0 million industrial accident settlement.

We hold recognition from Super Lawyers, the National Trial Lawyers Top 100, and maintain a Martindale-Hubbell AV Rating. More importantly, we provide personalized attention to every client. We conduct detailed investigations. We prepare aggressively for trial. We fight to maximize your compensation. Our results page showcases the verdicts and settlements we’ve achieved for clients.

You pay no fee unless we win your case. This contingent fee structure means we only succeed when you succeed. We’re fully invested in your recovery. Our team of experienced attorneys is ready to fight for you.

Common Types of Injury Cases with Two-Year Deadlines

The two-year deadline applies to most personal injury claims in Alabama, including:

• Car accidents, truck accidents, and motorcycle accidents
• Slips and falls on someone else’s property
• Premises liability claims
• Dog bite injuries
• Workplace injuries and industrial accidents
• Medical malpractice claims (with specific timing rules)
• Wrongful death cases

Each of these cases follows the same basic rule: you have two years from the date of injury to file your lawsuit. Whether you’re dealing with a rear-end collision, a pedestrian accident, or a nursing home abuse case, the statute of limitations applies.

Important Exceptions That May Extend Your Deadline

While the two-year deadline is the standard rule, Alabama law recognizes several exceptions that can extend or shorten your filing window.

The discovery rule applies when your injury isn’t immediately apparent. If you don’t discover your injury until after the accident occurs, the statute of limitations may begin when you discover the injury, not when it happened. This commonly applies to medical malpractice cases where complications emerge months or years later. For example, failure to diagnose conditions may not become apparent until a significant time has passed.

If you were a minor at the time of injury, the statute of limitations is tolled (paused) until you turn 19. You then have two years from your 19th birthday to file suit. This protection is especially important for child injury cases.

If the defendant was absent from Alabama when your injury occurred, the time they spent outside the state doesn’t count toward the statute of limitations deadline.

Intentional misconduct cases have a six-year statute of limitations rather than two years. Dangerous product liability claims have a one-year deadline from the date of injury, with a limited discovery rule exception only for latent injuries from gradual toxic exposure. Defective product cases require careful attention to these specific deadlines.

What Happens If You Miss the Deadline

Missing Alabama’s statute of limitations deadline has severe consequences. Courts will dismiss your case immediately. You lose all rights to pursue compensation. No matter how strong your case or how serious your injuries, a missed deadline ends your claim permanently.

Evidence also deteriorates over time. Witnesses move away or forget details. Medical records become harder to obtain. Physical evidence disappears. The longer you wait to file, the weaker your case becomes—even if you’re still within the two-year window. This is why requesting surveillance footage and gathering evidence quickly is critical.

Insurance companies know this. They count on injured victims delaying action. They hope the statute of limitations will expire so they can avoid paying claims. Don’t let this happen to you. Contact us immediately if you’ve been injured.

Steps to Take After an Injury in Alabama

Act quickly after an injury to protect your legal rights and strengthen your case.

First, seek immediate medical attention. Document your injuries with medical records and photographs. Report the incident to the responsible party. This could be your employer, the property owner, or the at-fault driver’s insurance company. If you’ve been in a car accident, report it to your insurance promptly.

Gather evidence while it’s fresh. Take photos of the accident scene. Collect witness contact information. Preserve any physical evidence. Write down your own account of what happened while the details are clear in your mind. Learn what to do after a car accident to protect your claim.

Most importantly, contact Farris, Riley & Pitt, LLP for a free consultation. Early legal involvement helps us investigate your claim thoroughly. We preserve critical evidence. We filed your lawsuit well before the deadline expired. We handle all the legal work while you focus on recovery. Our contact page makes it easy to reach us today.

Frequently Asked Questions

What is the statute of limitations for personal injury in Alabama?

Alabama’s statute of limitations for most personal injury claims is two years from the date of injury. This applies to car accidents, slip-and-falls, workplace injuries, and similar cases. Understanding this deadline is essential for protecting your rights.

Can the two-year deadline be extended?

Yes, in certain circumstances. The discovery rule may extend the deadline if your injury wasn’t immediately apparent. Minors receive an extension until age 19. If the defendant was absent from Alabama, that time doesn’t count. Contact Farris, Riley & Pitt, LLP to determine if your case qualifies for an extension. We can evaluate whether comparative negligence affects your claim.

Does the deadline start from the date of injury or when I discovered the injury?

Generally, the deadline starts from the date of injury. However, the discovery rule creates an exception for injuries that aren’t immediately apparent. If you didn’t know you were injured until later, the deadline may begin when you discovered the injury. This is particularly important in medical malpractice and defective product cases.

What if I’m partially at fault for my injury?

Alabama follows a contributory negligence rule. If you bear any responsibility for your injury, you cannot recover compensation. This makes early legal consultation critical. An attorney can evaluate your case and advise whether you have a viable claim. Learn more about how your driving record may affect your injury case.

How long do I have to file a medical malpractice claim in Alabama?

Medical malpractice claims follow different rules. You generally have two years from the date of malpractice or two years from discovery of the malpractice, whichever is earlier. However, the maximum time to file is four years from the date of malpractice, even if you didn’t discover it. Medical malpractice deadlines are complex. Contact Farris, Riley & Pitt, LLP immediately if you believe you have a malpractice claim. Understanding medical negligence vs. malpractice is crucial.

What should I do if my deadline is approaching?

Contact Farris, Riley & Pitt, LLP right away. We can file your lawsuit before the deadline expires and protect your rights. Don’t wait. Call (205) 324-1212 for a free consultation today. Time is of the essence in personal injury cases.

Contact Farris, Riley & Pitt, LLP Today

Your deadline to file an injury case in Alabama is two years from the date of injury. Don’t let this deadline pass. Farris, Riley & Pitt, LLP handles all the legal work while you recover from your injuries.

Call (205) 324-1212 now for a free consultation. We work on contingency. You pay nothing unless we win your case. Let our 20+ years of experience and track record work for you. Visit our contact page or call today.