Statute of Limitations Alabama Statute of Limitations, Civil Actions

The Alabama Statute of Limitations for civil actions sets a time limit after an injury or civil wrong occurs, during which an injured party can file a lawsuit. After that period of time expires, the injured party is no longer permitted to file a claim in an Alabama state court to litigate that matter. The statute ensures that lawsuits that have merit and worthy of being heard are filed within a reasonable time or not at all.

How Does the Statute of Limitations Operate?

The period of time to file a claim will vary depending upon the type of incident that occurred. A claim against a doctor for medical malpractice may be for a different length of time than against an accountant for negligence or fraud. The Alabama statute of limitations can be found in the Code of Alabama, Title 6, Chapter 2 and covers the following rules and exceptions in greater detail.

When does the Alabama Statute of Limitations Begin?

Other than for specific exceptions, the Alabama statute of limitations generally begins to run at the time when a "cause of action arises" - in other words, at the time when an injury occurs that would qualify for a lawsuit to be filed in an Alabama state court.

What is the Discovery Rule?

There are times when a person is unable to discover that they have been injured. As a result, in some instances the Alabama statute of limitations begins to run from the time the injured party discovers or should have discovered that they have been injured. Please review the statue carefully or ask an experienced Alabama attorney before coming to any firm conclusions about the statute of limtiations.

Delaying or Tolling the Alabama Statute of Limitations

In certain circumstances, fairness would require that the statute of limitations be delayed for a period of time. A party may not have the ability to bring a case even though they are aware of an injury or damages. Delaying or "tolling" the statute of limitations might occurs when the plaintiff is "disabled" or unable to bring a lawsuit as a matter of law, such as being mentally incompetent. Once the disability ends, the statute of limitations begins to run.

Alabama State Civil Law: Code of Alabama

Personal Injury and Negligence

2 years, generally, from the date the injury or negligence occurred. See §6-2-34(9), §6-2-38(l)

Fraud

2 years from the date of the fraud or from the date the fraud should have been discovered. See §6-2-3 and the Discovery Rule

Injury to Personal Property and Trespass

6 years, 2 years if negligence. See §6-2-34

Libel / Slander / Defamation

2 years from the date of publication (or the date when spoken). See §6-2-38(k)

Medical Malpractice

2 years with the Discovery Rule. If the malpractice was discovered after 2 years, then you have 6 months to file from the date of discovery. However, no lawsuit can be filed after 4 years from the date of the injury. Special rules and limitations apply for children. Ala. Code § 6-5-482 (1993).

Legal and Professional Malpractice

2 years with the Discovery Rule. If the malpractice was discovered after 2 years, then you have 6 months to file from the date of discovery. However, no lawsuit can be filed after 4 years from the date of the injury. Special rules and limitations apply for children.

Wrongful Death

2 years from the date of death (and use occurrence rule). See Ala. Code § 6-2-38, Ala. Code § 6-2-14 and Ala. Code § 6-2-38

Collection of Rents

6 years. See §6-2-34(5)

Contracts

6 years for written contracts, 10 years if "under seal." Oral contracts - 6 years. See §§6-2-33 to 6-2-34; §6-2-34(9)

Debt Collection Accounts

Generally 3 years an an open, unliquidated account. 6 years stated liquidated account.

Judgment Enforcement

20 years to execute from the date of judgment - §6-2-32

Products Liability

2 years against the original seller of the product.

The Discovery Rule may apply (exposure to or ingestion of a harmful or toxic substance) and is 1 year from the date of discovery of the injury or the date it should have been discovered.

Assault and Battery

6 years.

False Imprisonment

6 years.

Comparative Negligence

None. If the plaintiff has been found to have contributed to his or her injuries ("contributory negligence"), the plaintiff may be unable to file a lawsuit for recovery.

No-Fault Insurance

None.

Disabilities

Generally, infancy / minors ( up until 18th birthday), insanity, incompetence - maximum of 3 years from the time the disability ends, no more than 20 years from time of the claim. See current and specific rules.

Charitable Immunity

Generally none. Charities are generally liable for their torts.

Liability of State and Municipalities

A panel / board determines claims against the state and its component parts.

Consumer Fraud Complaints

Alabama Office of Attorney General, Consumer Protection

Telephone: (334)242-7334
Toll Free: (800)392-5658 (toll-free in Alabama)

Please Take Note: The statute of limitations laws presented are strictly provided to you "as-is". While we believe that the legal information is accurate as of the date created, we cannot and do not provide any guarantee, analysis or conclusions. The law may have changed since this article was published. The only way to ensure that the statute of limitations law you are reading is up to date and applies to your specific issue, is to have a legal consultation with an attorney licensed to practice law in the state of Alabama.