The Two Year Deadline for a Personal Injury Lawsuit in Alabama

The first question I am asked when someone calls about a wreck or an injury is some version of the same question. How long do I have? In Alabama the answer is two years. Two years from the date of injury for most personal injury claims. Two years from the date of death for a wrongful death claim. The deadline lives in Alabama Code Section 6-2-38(l). Two years sounds like a long time. It is not.

The clock generally starts on the date the injury occurred. In a wrongful death case the clock runs from the date of death, not the date of the underlying conduct. There are narrow exceptions. The discovery rule applies in some product liability and toxic exposure cases. Cases involving minors, incapacitated persons, or fraud may have different start dates. Those exceptions are narrow. Do not count on one without talking to a lawyer.

What happens if you miss the deadline? The defendant files a motion to dismiss based on the statute of limitations. The case is dismissed. The merits no longer matter. A great injury case with strong liability is worth nothing on day one of year three. Insurance carriers know this rule and use the slow walk tactic against the injured.

Special situations to know. Wrongful death cases run from the date of death with no extension for probate. Claims against an Alabama county or municipality require a notice of claim within months, not years. Children's cases may have a longer effective window due to tolling. Product liability and toxic exposure may use the discovery rule.

The Law Offices of Elliott Owen Lipinsky takes personal injury and wrongful death cases on a contingency fee. The first conversation is free. If your deadline is close, the call should be today. Call (334) 230-7986.