Deadlines to File an Injury Lawsuit in Alabama

Most lawsuits for injury to a person that do not arise from a contract must be filed within two years. Claims for trespass to the person, such as assault and battery or false imprisonment, have six years.

Actions for trespass to real or personal property and for detention or conversion of personal property must be filed within six years. Other claims for injury to the "rights of another" not arising from contract, and claims holding an employer liable for an employee's conduct that damaged property, have two years.

Claims against doctors, dentists, hospitals and other health care providers must be filed within two years after the act or omission. If the injury was not and could not reasonably have been discovered within that time, the claim may be filed within six months after discovery, but never more than four years after the act. A child injured before age four has until his or her eighth birthday.

A wrongful death lawsuit must be filed within two years after the death.

Tort claims against a city or town must be presented to the municipal clerk within six months after they arise, and a personal injury claim requires a sworn statement describing how, when and where the injury happened and the damages claimed. Judgments against cities, counties and their agencies (including many local school and hospital boards) are capped at $100,000 for bodily injury or death to one person, $300,000 total when more than two people are hurt in one occurrence, and $100,000 for property damage. Claims against the State itself go to the State Board of Adjustment, generally within one year (two years for injury resulting in death).