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Alabama Statute of Limitations for Injury Claims
Missing a filing deadline can end a claim no matter how strong it is. Here are the common Alabama deadlines for people hurt in Dothan, Houston County and the Wiregrass, and the exceptions that can change them.
The short answer
In Alabama, most personal injury lawsuits must generally be filed within two years of the injury under Ala. Code § 6-2-38. Wrongful death claims generally must be filed within two years of the death under Ala. Code § 6-5-410. City claims usually require written notice within six months under Ala. Code § 11-47-23. Exceptions may apply.
- Personal injury
- Generally 2 years (Ala. Code § 6-2-38)
- Wrongful death
- Generally 2 years from death (Ala. Code § 6-5-410)
- Claims against a city
- Written notice generally within 6 months (Ala. Code § 11-47-23)
- Negotiations
- Do not stop the clock
The Alabama statute of limitations sets the deadline for filing a lawsuit. For most people hurt in a car wreck, a fall or another accident in Dothan, that deadline is generally two years. But “generally” is doing real work in that sentence. Claims against a city, wrongful death cases, injuries to children and other situations follow different rules, and some notice deadlines are much shorter. This guide lays out the common deadlines and the main exceptions.
What is the statute of limitations for personal injury in Alabama?
Most Alabama personal injury lawsuits based on negligence must generally be filed within two years of the injury, under Ala. Code § 6-2-38. That covers most car, truck and motorcycle accidents, slip-and-fall and other premises cases, and many dog bite claims.
The deadline is for filing a lawsuit in court, not for reporting the claim to an insurer or reaching a settlement. If a claim has not settled by the deadline, a lawsuit generally must be on file or the claim may be lost for good.
What are the common Alabama filing deadlines?
The table below summarizes deadlines that often come up in injury cases. It is a general overview — the correct deadline for any claim depends on its facts, the type of claim and who is being sued.
| Type of claim | General deadline | Source | Notes |
|---|---|---|---|
| Personal injury (negligence) — car wrecks, falls, most dog bites | Generally 2 years from the injury | Ala. Code § 6-2-38 | Deadline to file a lawsuit, not to settle |
| Wrongful death | Generally 2 years from the date of death | Ala. Code § 6-5-410 | Runs from the death, not the accident |
| Claim against an Alabama city (such as the City of Dothan) | Sworn written notice generally within 6 months | Ala. Code § 11-47-23 | Notice to the city clerk is separate from the lawsuit deadline |
| Claim against a county (such as Houston County) | Must be presented to the county commission within 12 months of when the claim arises | Ala. Code §§ 11-12-8, 6-5-20 | A suit generally can’t be filed until the commission disallows the claim; immunity issues may apply |
| Claim involving the State of Alabama or a state agency | Varies; lawsuits against the State are often barred by immunity | Alabama Constitution and statutes | Some claims go to the State Board of Adjustment instead of court |
| Vehicle or property damage from a crash | Safest to assume 2 years | Depends on the claim | Some property claims may allow longer; do not rely on that without advice |
| Medical malpractice | Generally 2 years, with special discovery and outer-limit rules | Alabama Medical Liability Act | Has its own rules, including for young children |
| Injured person under 19 | Deadline is often paused until age 19 | Alabama tolling statutes | Important exceptions apply, including wrongful death |
Alabama-specific: If a city vehicle, city employee or city property was involved — a Dothan police cruiser, a city truck, a broken city sidewalk — a sworn notice of claim generally must be filed with the city clerk within six months under Ala. Code § 11-47-23. That is one-quarter of the time most people expect, and missing it can bar the claim.
How long do you have to file a wrongful death claim in Alabama?
An Alabama wrongful death lawsuit generally must be filed within two years of the date of death, under Ala. Code § 6-5-410. If someone is injured in a crash and dies months later, the wrongful death clock generally starts at the death. The case is brought by the personal representative of the estate, so probate steps may need to happen first. Alabama’s wrongful death law also differs from most states in what damages are available. Our page on wrongful death claims explains more.
What deadline applies to a claim against the City of Dothan or another city?
Claims against Alabama cities generally require a sworn written notice filed with the city clerk within six months of the injury, under Ala. Code § 11-47-23. The notice typically needs to describe what happened, when and where, and the injuries or damage claimed. After notice is given, the two-year lawsuit deadline still generally applies. Cities also have certain immunities and damage caps under Alabama law, so these claims are worth reviewing early.
Claims against a county, such as Houston County, must be presented to the county commission within 12 months of when the claim arises, under Ala. Code § 11-12-8, and courts have dismissed cases that missed it. School boards, the State and other government bodies have their own presentment rules and immunity defenses. Some are very strict. If a government vehicle or property was involved, treat the deadline as urgent.
Do children get more time to file?
Often, but not always. Alabama generally pauses, or “tolls,” the statute of limitations for many claims while the injured person is a minor — under 19 in Alabama — so the two years may not begin until the child turns 19. There are important exceptions. Wrongful death claims generally are not extended this way, medical malpractice claims follow their own rules, and notice requirements for claims against government bodies may still apply. Parents may also have their own claim for a child’s medical expenses, which can follow a different deadline. Have the specific deadlines confirmed rather than assuming a child’s case can wait.
When does the clock start running?
For most injury claims, the clock starts on the date of the injury — usually the day of the crash or fall. Alabama generally does not delay the start date just because the injured person did not realize how serious the injury was. Some claims, such as fraud, may have rules about when the claim was discovered, and other exceptions may apply, but they are narrow. The safest assumption is that the clock started the day you were hurt.
Does dealing with the insurance company pause the deadline?
No. Reporting a claim, sending medical records, receiving settlement offers and negotiating with an adjuster generally do not stop the statute of limitations. Insurers know the deadline. A claim that is still being negotiated close to the two-year mark may need a lawsuit filed to protect it. Our personal injury claim timeline explains how long each stage usually takes.
What happens if you miss the deadline?
In most cases, a lawsuit filed after the deadline will be dismissed if the defendant raises the issue, and the injured person loses the right to recover — no matter how clear the other party’s fault or how serious the injury. Courts allow very few exceptions.
Why shouldn’t you wait until the deadline is close?
Even when there is time left on the clock, waiting usually hurts a claim. Surveillance video on Ross Clark Circle and at area businesses is often recorded over within days or weeks. Vehicles get repaired or salvaged. Witnesses move or forget. Medical gaps become harder to explain. And in Alabama, where contributory negligence can bar a claim if you were even slightly at fault, early evidence about how the accident happened can be decisive.
If you were hurt in Dothan, Houston County or elsewhere in Southeast Alabama and are unsure which deadline applies, the time to ask is now, while every option is still open.
Frequently asked questions
What is the statute of limitations for personal injury in Alabama?
Most Alabama personal injury lawsuits based on negligence must generally be filed within two years of the injury, under Ala. Code § 6-2-38. That covers most car accident, truck accident, slip-and-fall and dog bite claims. Different rules or shorter notice deadlines can apply depending on the claim and who is being sued.
How long do I have to file a wrongful death lawsuit in Alabama?
An Alabama wrongful death action generally must be filed within two years of the date of death, under Ala. Code § 6-5-410. The clock runs from the death, not from the accident. Alabama's wrongful death statute has other unusual rules too, so families should get advice early.
What is the deadline for a claim against the City of Dothan?
A claim for injury or damage against an Alabama city generally requires a sworn written notice of claim filed with the city clerk within six months of the injury, under Ala. Code § 11-47-23. That notice is separate from, and much shorter than, the two-year deadline to file a lawsuit. Missing it can bar the claim.
Does negotiating with the insurance company stop the statute of limitations?
No. Talking with an adjuster, receiving offers or exchanging records does not pause the deadline in most cases. If a claim has not settled, a lawsuit generally must be filed before the deadline runs, or the claim may be lost.
Do minors have more time to file an injury claim in Alabama?
Often, yes. Alabama generally pauses, or tolls, the limitations period for many claims while the injured person is under 19, the age of majority in Alabama. There are important exceptions, including for wrongful death and some medical claims, so do not assume a child's claim can wait.
How long do I have to file a property damage claim for my car in Alabama?
The safest approach is to treat a vehicle damage claim arising from a crash as subject to the same two-year deadline as the injury claim. Some property claims may have longer periods, but relying on a longer deadline without legal advice is risky.
What happens if I miss the statute of limitations?
In most cases, the court will dismiss a lawsuit filed after the deadline, and the injured person loses the right to recover, regardless of how strong the claim was. Limited exceptions exist, but they are narrow, which is why it is important to confirm the deadline early.
