How Long Do I Have to File an Injury Lawsuit in Alabama? The Statute of Limitations

If you were hurt in an accident in Selma, Dallas County, or anywhere in west Alabama, one of the most important questions you can ask is how long you have to file a lawsuit. In Alabama, the general answer is two years from the date of the injury. That deadline comes from the Alabama Code, and if you miss it, the court can throw your case out no matter how strong it is. There are several important exceptions that can shorten or lengthen that window, and some of them cut the time down to just a few months. Because these rules are unforgiving, the Law Offices of Elliott Owen Lipinsky wants you to understand how the statute of limitations works before it is too late. If you have questions about your own deadline, call (334) 230-7986.

What is the general deadline to file a personal injury lawsuit in Alabama?

For most personal injury claims in Alabama, you have two years to file suit. This general two-year limitation comes from Section 6-2-38 of the Alabama Code, which sets a two-year window for injury to the person or property of another that does not arise out of a contract. Car crashes, truck collisions, slip and fall injuries, dog bites, and most other negligence claims fall under this rule. The clock usually starts running on the day the injury occurs. That means if you were injured on a Selma road today, in most cases you would have until the same date two years from now to file a lawsuit in court. Two years can feel like a long time, but building a strong case takes work. Evidence disappears, witnesses move away, and memories fade. Waiting until the deadline is near almost always makes a case harder to prove.

Does the deadline change for wrongful death claims?

Yes and no. Alabama also uses a two-year deadline for wrongful death, but the way it is measured is different, and that difference matters. Under Section 6-5-410 of the Alabama Code, the personal representative of the person who died must bring the action within two years from and after the death. Notice that the clock runs from the date of death, not from the date of the accident that caused it. In many cases those dates are the same, but not always. If a loved one is injured and survives for a period of time before passing away, the two-year period is measured from the death. Alabama wrongful death law is unusual in other ways as well, including how damages are awarded, so families in Dallas County who have lost someone should speak with a lawyer promptly rather than assume they know how much time remains.

What happens if the injured person is a child or is mentally incapacitated?

Alabama law recognizes that some injured people cannot protect their own legal rights when the injury happens. Section 6-2-8 of the Alabama Code allows the limitation period to be suspended, a concept lawyers call tolling, for a person who is under a legal disability at the time the claim arises. This includes minors and persons of unsound mind. In general, once the disability is removed, such as when a child reaches adulthood, the person has three years, or the normal limitation period if it is shorter, to bring the action. The statute also sets an outer limit. No disability can extend the deadline so far as to allow a lawsuit more than twenty years after the claim first accrued. Because these rules are technical and the calculations can be tricky, the safest course for a parent or guardian in west Alabama is to consult a lawyer rather than wait for a child to grow up.

Are there shorter deadlines for claims against a city or town?

This is one of the most dangerous traps for injured people, and it comes up often in Selma. If your injury involves a city or town, such as a fall on municipal property or a crash with a city vehicle, you face a much shorter deadline than the usual two years. Section 11-47-23 of the Alabama Code requires that claims for damages growing out of torts be presented to the city within six months from the time they accrue, or they are barred. On top of that, Section 11-47-192 of the Alabama Code requires that no recovery can be had against a city or town for personal injury unless a sworn statement is filed with the clerk describing how the injury happened, the day, the time, the place, and the damages claimed. Missing the six-month presentation period can end a claim before it ever reaches a courtroom. If a city or town may be responsible for your injury, you cannot afford to wait.

What about claims against a county in Alabama?

Claims against a county follow their own set of rules, and they too are shorter than most people expect. Section 11-12-8 of the Alabama Code provides that all claims against counties must be presented for allowance within twelve months after the time they accrue or become payable, or they are barred. There is a limited exception for a minor or a person under a mental disability, who may present the claim within twelve months after the disability is removed. Section 11-12-5 of the Alabama Code adds that a claim against the county will not be allowed unless it is itemized by the claimant or someone with personal knowledge of the facts. Because Dallas County and neighboring west Alabama counties are governed by these provisions, an injury involving a county road, a county vehicle, or county property calls for quick action and careful attention to the presentation requirements.

Can the deadline ever be extended because of fraud?

In limited situations, yes. Alabama recognizes what is often called a discovery rule for fraud. Under Section 6-2-3 of the Alabama Code, when a claim seeks relief on the ground of fraud, the claim is not treated as having accrued until the aggrieved party discovers the facts constituting the fraud. Once the fraud is discovered, the injured party has two years to file suit. This rule prevents a wrongdoer from running out the clock by hiding the truth. It is narrow, however, and it does not apply to ordinary accident cases where the injury was obvious from the start. Whether the fraud discovery rule helps in a particular situation depends heavily on the facts, which is why it is worth having a lawyer review your circumstances before you assume the standard two-year rule controls.

Frequently asked questions

Does the two-year clock start on the accident date or the date I found out I was hurt?

For most Alabama injury claims, the two-year period under Section 6-2-38 begins on the date the injury occurs. Some limited exceptions, such as the fraud discovery rule in Section 6-2-3, can change when the clock starts. Because the answer depends on your specific facts, it is best to confirm your deadline with a lawyer rather than guess.

What happens if I miss the statute of limitations?

If you file after the deadline has passed, the other side can ask the court to dismiss your case, and courts routinely grant that request. Missing the deadline usually means losing the right to recover anything, regardless of how badly you were hurt. That is why acting early is so important.

I was hurt by a city vehicle in Selma. Do I really have only six months?

The presentation requirement for tort claims against a city under Section 11-47-23 is six months, and Section 11-47-192 requires a sworn statement of injury. These short deadlines make government claims especially time sensitive. If a city, town, or county may be involved, contact a lawyer right away.

Should I talk to a lawyer even if I think I have plenty of time?

Yes. Deadlines are only one reason to act early. Evidence fades, witnesses become hard to find, and insurance companies begin building their defense immediately. A prompt consultation helps protect both your deadline and the strength of your case.

Deadlines in Alabama injury cases are strict, and once they pass they are almost impossible to undo. If you or a loved one has been hurt in Selma, Dallas County, or anywhere in west Alabama, do not wait to find out how much time you have. The Law Offices of Elliott Owen Lipinsky can review your situation, identify the deadlines that apply to your claim, and help you take the right steps to protect your rights. Call (334) 230-7986 today to speak with our office about your case.

Frequently Asked Questions

Q: Does the two-year clock start on the accident date or the date I found out I was hurt?

A: For most Alabama injury claims, the two-year period under Section 6-2-38 begins on the date the injury occurs. Some limited exceptions, such as the fraud discovery rule in Section 6-2-3, can change when the clock starts. Because the answer depends on your specific facts, it is best to confirm your deadline with a lawyer rather than guess.

Q: What happens if I miss the statute of limitations?

A: If you file after the deadline has passed, the other side can ask the court to dismiss your case, and courts routinely grant that request. Missing the deadline usually means losing the right to recover anything, regardless of how badly you were hurt. That is why acting early is so important.

Q: I was hurt by a city vehicle in Selma. Do I really have only six months?

A: The presentation requirement for tort claims against a city under Section 11-47-23 is six months, and Section 11-47-192 requires a sworn statement of injury. These short deadlines make government claims especially time sensitive. If a city, town, or county may be involved, contact a lawyer right away.

Q: Should I talk to a lawyer even if I think I have plenty of time?

A: Yes. Deadlines are only one reason to act early. Evidence fades, witnesses become hard to find, and insurance companies begin building their defense immediately. A prompt consultation helps protect both your deadline and the strength of your case.