Alabama Statute of Limitations
Preliminary Note: Statutes of limitations restrict the time period that a person can file a lawsuit. These statutes not only vary by state, but they also vary by cause of action. The following guide provides limitations periods for each state, but only for particular causes of action; specifically, those related to personal injury, medical malpractice, and products liability claims. The sections discussing special rules for minors only apply to the causes of action listed for that particular state.
A wrongful death action must be filed within two years of the date of death.
Personal Injury Actions
A personal injury action must be filed within two years of the date of the injury.
Medical Malpractice Actions
All actions against health-care providers must be filed within two years after the date of the act giving rise to the injury occurred, or within six months of the date the injury was, or should have been, discovered. In no event may a suit be filed more than four years after the date of the act giving rise to the injury occurred. This limitations period applies to minors over four years of age. However, in the case of a minor under four years of age, that minor has until his or her eighth birthday to file a medical malpractice action.
Products Liability Actions
The general statute of limitations for torts controls in a products-liability case unless the injury resulted in death. In that case, the statute of limitations in a wrongful-death action controls Alabama Law of Damages.
The statute-of-limitations provisions of the Alabama products-liability statute have been declared unconstitutional. Therefore, the statute-of-limitations provisions of the wrongful-death statute control when there if a claim that a defect in a product caused the death.
Special Rules for Minors
Except in cases of medical malpractice or wrongful death, the limitations period begins to run on the minor's 19th birthday but will last no longer than three years.
Need more information on state laws? Learn more about the laws where you live.
Note: Our attorneys are licensed to practice law in Pennsylvania, West Virginia, Ohio, Maryland, and Virginia. This information is not intended to solicit clients for matters outside of the states of Pennsylvania, Ohio, West Virginia, Maryland, and Virginia, although if you are injured in an accident, we have relationships with other personal injury attorneys and lawyers throughout the United States.