What is the personal injury statute of limitations in Alabama?

1. General Personal Injury

Ala. Code § 6-2-38(l) imposes a 2-year SOL for personal injury, running from accrual.

2. Wrongful Death

Ala. Code § 6-5-410 imposes a 2-year SOL for wrongful death, running from the date of death; only punitive damages are recoverable.

3. Medical Malpractice

The Alabama Medical Liability Act (Ala. Code § 6-5-482) imposes a 2-year SOL from the act/omission, with a 4-year statute of repose (or up to 6 months from discovery for not reasonably ascertainable injuries). Minors under 4 have until age 8.

4. Discovery Rule

Alabama generally does not apply a discovery rule for ordinary negligence — SOL runs from the act, not discovery (Griffin v. Unocal). Limited exceptions for medical malpractice and fraud.

5. Minor / Disability Tolling

Ala. Code § 6-2-8 tolls SOL during minority and insanity; minor must sue within 3 years after age 19 (subject to medical malpractice repose).

6. Government Defendant

The state of Alabama has broad sovereign immunity under the Alabama Constitution; most claims go through the Board of Adjustment. County claims require itemized statement within 12 months under § 11-12-5; municipal claims require notice within 6 months under § 11-47-23.

7. Product Liability

Subject to 2-year SOL under § 6-2-38. Alabama does not have a general products statute of repose, but the Alabama Extended Manufacturer's Liability Doctrine (AEMLD) governs products claims.

8. Equitable Tolling / Fraudulent Concealment

Ala. Code § 6-2-3 tolls SOL when fraud is the basis of the action; SOL runs from discovery of the fraud.

9. Borrowing Statute

Ala. Code § 6-2-17 borrows the shorter SOL of the state where the cause arose for non-resident plaintiffs.

This is legal information, not legal advice.