What is the statute of limitations in Alabama?

Alabama civil limitations are codified in Ala. Code Title 6, Chapter 2.

1. Personal Injury — 2 Years

Ala. Code § 6-2-38(l): All actions for any injury to the person or rights of another not arising from contract and not specifically enumerated in this section must be brought within 2 years.

2. Written Contract — 6 Years

Ala. Code § 6-2-34(4): Actions founded on promises in writing not under seal — 6 years. Contracts under seal: 10 years (§ 6-2-33(1)).

3. Oral Contract — 6 Years

Ala. Code § 6-2-34(9): Actions upon any simple contract — 6 years.

4. Property Damage — 6 Years (Trespass) / 2 Years (Conversion)

Ala. Code § 6-2-34(2): Actions for any trespass to person or liberty (note: this part for liberty); § 6-2-34(3): actions for any trespass to real or personal property — 6 years. § 6-2-38(n): actions for the recovery or possession of personal property — 2 years.

5. Fraud — 2 Years (Discovery Rule)

Ala. Code § 6-2-3: In actions seeking relief on the ground of fraud where the statute has created a bar, the claim must not be considered as having accrued until the discovery by the aggrieved party of the fact constituting the fraud, after which he must have 2 years within which to prosecute his action.

6. Medical Malpractice — 2 Years / 4-Year Repose

Ala. Code § 6-5-482(a): All actions against physicians, surgeons, dentists, medical institutions, or other health care providers for liability, error, mistake, or failure to cure must be commenced within 2 years after the act, omission, or failure; provided that subject to the provisions of subsection (b), if the cause of action is not discovered and could not reasonably have been discovered within such period, then the action may be commenced within 6 months from the date of discovery, but in no event more than 4 years after such act or omission. Foreign objects: 6 months from discovery, no repose. Minors under 4: until age 8.

7. Wrongful Death — 2 Years

Ala. Code § 6-5-410(d): The action must be commenced within 2 years from the death.

8. Other Notable Periods

Defamation: 2 years (Ala. Code § 6-2-38(k)).

Judgments: 20 years (Ala. Code § 6-2-32).

UCC sale of goods: 4 years (Ala. Code § 7-2-725).

Action against state: extremely limited (sovereign immunity); Board of Adjustment claims procedure.

Construction: 7-year repose for builders (Ala. Code § 6-5-221).

9. Tolling

Ala. Code § 6-2-8 tolls for minority (under 19 in Alabama for limitations purposes) and unsound mind.

This is legal information, not legal advice.