When you’re injured because of someone else’s negligence, one of the most important legal rules you need to understand is the statute of limitations. These are strict deadlines that determine how long you have to file a lawsuit.

If you miss the deadline, even by a single day, it ends your chance to pursue the claim, regardless of how clear the negligence appears.

Alabama follows Code § 6-2-38 for most personal injury cases, which sets a two-year deadline for many claims. However, certain case types come with exceptions and nuances that can either shorten or extend the time you have to file.

Here’s what you need to know and how an experienced Huntsville personal injury lawyer can help you meet these deadlines and preserve your right to compensation.

Common Alabama Statutes of Limitations

Understanding the general deadlines is the first step in protecting your claim. Below are the filing windows for the most common personal injury case types in Alabama.

Car Accidents – Two Years

Most auto accident injury claims must be filed within two years from the date of the crash. This includes collisions involving passenger vehicles, motorcycles, commercial trucks, as well as accidents with pedestrians or bicycles.

Slip-and-Fall and Other Premises Liability Cases – Two Years

If you’re injured on someone else’s property, such as in a store, parking lot, or apartment complex, you have two years to file a lawsuit for injuries caused by unsafe conditions.

Medical Malpractice – Two Years (With Limited Extensions)

Medical malpractice claims in Alabama have complex deadlines. In most cases, you must file within two years of the negligent act or omission. While there are exceptions, all claims must be filed within four years of the malpractice occurring (known as the statute of repose).

Wrongful Death Cases – Two Years

Alabama’s wrongful death statute also allows punitive damages, and the deadline to bring the claim is two years from the date of death.

Claims Against Alabama Government Entities – Shorter Deadlines Apply

If the negligent party is a city, county, or state agency, special rules apply:

After notice is filed, you may then proceed with a lawsuit in accordance with Alabama’s two-year personal injury statute.

Workers’ Compensation Claims – Two Years

For job-related injuries, Alabama workers’ compensation claims must be filed within two years from the date of the accident or two years from the date of the last compensation payment.

Exceptions That Can Extend or Shorten Filing Deadlines

Although Alabama’s general rules seem straightforward, several exceptions may change the deadline.

The Discovery Rule

Some injuries, especially medical malpractice or toxic exposure cases, aren’t immediately apparent. Alabama may allow victims extra time, but only under narrow circumstances. Typically, the deadline can be extended up to six months after the injury is discovered or should have been discovered through reasonable diligence.

Minors and Legally Incapacitated Individuals

If the injured person is under 19, the statute of limitations is tolled (paused) until they reach the age of majority. In most cases, the filing window begins on their 19th birthday.

This can extend the timeframe, but it’s still crucial for parents to seek legal advice early to protect evidence.

Why Waiting Until the Deadline Is Dangerous

Even though you may have months or even years to file a lawsuit, waiting is one of the biggest mistakes injured individuals make.

Here’s why delaying is risky:

  • Evidence Disappears Quickly: Skid marks fade, security footage is erased, and hazardous conditions are repaired. The longer you wait, the harder it becomes to prove how the injury occurred.
  • Witness Memories Fade: Eyewitness recollections weaken over time. Early statements are far more reliable and persuasive than accounts taken months or years later.
  • Insurance Companies Gain the Upper Hand: Insurers are well-versed in Alabama’s deadlines. If they sense you are approaching the filing cutoff, they may delay communications or deny your claim outright, hoping you miss your chance to file suit.

Complex Cases Require More Time

Medical malpractice, commercial vehicle accidents, and government claims involve extensive investigation, expert review, and documentation. Your attorney needs ample time to prepare a strong case long before the deadline approaches.

Protect Your Rights—Talk to a Lawyer Today

If you’ve been injured due to someone else’s negligence, don’t wait until the clock is ticking dangerously close to the deadline. The sooner you speak with our experienced Huntsville personal injury lawyers, the better positioned you are to preserve evidence, build a strong case, and pursue the compensation you deserve.

We’ll review your case, explain your deadlines, handle the legal process, and fight for the financial recovery you need to move forward.

Contact us today for a free, no-obligation consultation.