Alabama Statute of Limitations for Crash and Injury Claims

Alabama’s deadlines are short, and missing one usually ends a claim no matter how strong it was. This table covers the ones that come up most after a crash around Birmingham. Each row links to the statute so you can read it yourself. Deadlines can turn on facts that aren’t obvious, so treat this as a starting point, not the final word.

Type of claim Deadline Law
Personal injury from a car, truck, motorcycle, bike or pedestrian crash 2 years from the injury Ala. Code § 6-2-38(l)
Claim against an employer for an employee’s conduct (for example, a company truck) 2 years Ala. Code § 6-2-38(n)
Wrongful death 2 years, starting at death, generally not paused for any reason Ala. Code § 6-5-410(d)
Notice of a tort claim against a city or town Must reach the city clerk within 6 months, with a sworn statement Ala. Code § 11-47-23 and § 11-47-192
Claim against a county Presented to the county within 12 months Ala. Code § 11-12-8
Injured child Personal injury deadline is generally paused until age 19 Ala. Code § 6-2-8
Crime victims compensation (for example, a DUI crash) Report to police within 72 hours and apply within 1 year, unless good cause is shown Alabama Crime Victims Compensation Commission

A few things the table can’t show

  • Filing means filing. The deadline is met by filing a lawsuit in court, not by sending a letter to an insurer or opening a claim.
  • The clock starts on the crash date for most injury claims, not when treatment ends.
  • City notice is about receipt. The Alabama Supreme Court has held that a claim mailed but never received by the clerk didn’t count.
  • Insurance policies have their own rules. Uninsured motorist claims and medical payments claims may require prompt notice under your policy, separate from these deadlines.
  • Claims against the State of Alabama follow a different path altogether, sometimes through the Board of Adjustment.
  • A narrow saving rule in § 6-2-38(p) allows a new filing within one year after a judgment for the plaintiff is reversed on appeal.

Damage caps worth knowing

Claims against Alabama cities and counties are capped at $100,000 for one person’s injury or death and $300,000 for an occurrence where more than two people are hurt or killed, with property damage capped at $100,000 per occurrence, under Ala. Code § 11-93-2.

More reading

Our guides on the two-year deadline, claims against the City of Birmingham and wrongful death go into more detail. If you’re close to any deadline, talk with an Alabama lawyer right away. This page is general information, not legal advice.