Alabama · Personal Injury Statute of Limitations

How long do you have to file a personal injury lawsuit in Alabama?

Alabama gives you 2 years from the date of injury to file a personal injury lawsuit under Ala. Code § 6-2-38.

Updated 2026-05-22 · See all 50 states

Key facts: Alabama

Personal injury deadline
2 years
Ala. Code § 6-2-38
Wrongful death deadline
2 years
Ala. Code § 6-5-410
When the clock starts
Generally the date of injury for personal injury claims; the date of death for wrongful death. Alabama follows the discovery rule for most negligence claims, which delays accrual when the injury was not, or could not reasonably have been, discovered at the time.
Last verified
2026-05-22
Source type
Primary (state code or court opinion)

Details and exceptions for Alabama

Two-year deadline runs from the date of injury for PI, and from the date of death for wrongful death. Wrongful death damages in Alabama are entirely punitive and must be brought by the personal representative of the estate. Minors and incapacitated plaintiffs may toll under Ala. Code § 6-2-8.

Related: Alabama comparative negligence rule

Alabama follows a contributory (pure bar) rule. Alabama retains pure contributory negligence by common law; the Supreme Court of Alabama declined to adopt comparative negligence in Williams, leaving any contributory fault as a complete bar to recovery.

Read the full Alabama comparative negligence rule →

This page is informational and does not constitute legal advice. Notice deadlines for claims against governmental units, medical malpractice, intentional torts, and other special categories run on separate tracks and can be much shorter. Confirm the controlling rule with a licensed Alabama attorney before relying on it.

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Alabama Statute of Limitations FAQ

How long do I have to file a personal injury lawsuit in Alabama?

In Alabama, the general personal injury statute of limitations is 2 years from the date of injury under Ala. Code § 6-2-38. Two-year deadline runs from the date of injury for PI, and from the date of death for wrongful death. Wrongful death damages in Alabama are entirely punitive and must be brought by the personal representative of the estate. Minors and incapacitated plaintiffs may toll under Ala. Code § 6-2-8.

Does Alabama have a separate deadline for wrongful death?

Yes. Alabama's wrongful death statute of limitations is 2 years under Ala. Code § 6-5-410. The clock typically begins on the date of death rather than the date of the underlying injury.

What happens if I miss the Alabama personal injury deadline?

The court will almost certainly dismiss the lawsuit on a motion by the defendant, regardless of the strength of the underlying claim. Some exceptions can pause or extend the deadline, including the discovery rule, tolling for minors, and tolling while a defendant is out of state, but none are automatic. Talk to a Alabama personal injury attorney before assuming a claim is barred.

What is Alabama's comparative negligence rule?

Alabama follows a contributory (pure bar) rule under Williams v. Delta Int'l Mach. Corp., 619 So. 2d 1330 (Ala. 1993). Alabama retains pure contributory negligence by common law; the Supreme Court of Alabama declined to adopt comparative negligence in Williams, leaving any contributory fault as a complete bar to recovery.

Where can I read the actual statute?

The controlling statute is Ala. Code § 6-2-38. The full text is available on the official Alabama legislature website at https://law.justia.com/codes/alabama/title-6/chapter-2/article-2/section-6-2-38/.

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