Alabama Statute of Limitations: Filing Deadlines by Case Type

Alabama law sets firm deadlines on civil lawsuits. Personal injury claims must be filed within 2 years under Ala. Code 6-2-38, written contracts within 6 years, and fraud claims within 2 years of discovery. Missing these deadlines permanently bars your case.

Alabama sets strict time limits on when you can file a lawsuit or when prosecutors can bring criminal charges. These deadlines are called statutes of limitations, and they apply to nearly every type of legal claim in the state.

Missing a filing deadline can permanently bar your case. Alabama courts will dismiss claims filed after the statute of limitations has expired, regardless of the strength of the evidence. Understanding these deadlines is the first step toward protecting your legal rights.

Hurt in Alabama? If you are still within the deadline above, you can estimate what your injury claim may be worth with our free Alabama personal injury settlement calculator. It gives an instant range based on your medical costs and Alabama's fault rule (general information, not legal advice).

Alabama Civil Statute of Limitations

Alabama's civil statutes of limitations are found primarily in Alabama Code Title 6, Chapter 2 (Limitation of Actions). Filing deadlines range from 1 year to 20 years depending on the type of claim.

The clock typically starts running on the date of the injury or incident. In some cases, Alabama follows a "discovery rule" that delays the start date until the injured party knew or should have known about the harm.

Personal Injury Claims

Under Ala. Code 6-2-38, most personal injury lawsuits must be filed within 2 years from the date of the injury. This includes car accidents, slip and fall injuries, assault and battery claims, and other actions where someone suffers bodily harm due to another person's negligence or intentional conduct.

If the injury arises from a contractual relationship, the statute of limitations extends to 6 years under Ala. Code 6-2-34.

Complete Civil Statute of Limitations Table

Medical Malpractice Deadlines

Alabama imposes specific rules on medical malpractice claims under the Alabama Medical Liability Act (Ala. Code 6-5-480 et seq.).

Statute of limitations: You have 2 years from the date of the alleged malpractice to file a claim.

Discovery rule: If the malpractice was not and could not reasonably have been discovered within 2 years, you have an additional 6 months from the date of discovery to file.

Statute of repose: Regardless of when the malpractice was discovered, no claim may be filed more than 4 years after the date the act or omission occurred. This is an absolute bar with limited exceptions.

Minor exception: If the injured patient was under 4 years old at the time of the malpractice, the filing deadline extends to the child's 8th birthday.

Wrongful Death Claims

Under Ala. Code 6-5-410, wrongful death actions must be filed within 2 years from the date of death (not the date of injury). Only the personal representative of the deceased person's estate may bring the claim.

Alabama wrongful death damages are punitive, not compensatory. This means the purpose is to punish the wrongdoer and deter future misconduct, rather than to compensate the family for financial losses.

Special rules apply to government defendants. If the wrongful death involves a city or town, you must present your claim to the city clerk within 6 months of the death. For claims against a county, you have 12 months to present notice to the county commission.

Product Liability Claims

Alabama allows product liability claims under the Alabama Extended Manufacturer's Liability Doctrine (AEMLD). Ala. Code 6-5-502(a) states a 1-year period on its face, but Alabama courts apply the general 2-year statute of limitations under Ala. Code 6-2-38(l) to AEMLD claims instead. In Smith v. Medtronic, Inc. (Ala. 1992), the Alabama Supreme Court stated that an action alleging negligence, wantonness, or liability under the AEMLD must be brought within two years after the cause of action accrued, citing Ala. Code 6-2-38(l).

Ala. Code 6-5-502(c) also purported to set an absolute 10-year statute of repose running from when the product was first put to use. The Alabama Supreme Court struck that provision down as unconstitutional in Lankford v. Sullivan, Long & Hagerty, 416 So. 2d 996 (Ala. 1982), finding it arbitrary and unrelated to the legislature's stated purpose. Because the court held Ala. Code 6-5-502(c) unconstitutional, a product liability claim is not barred merely because it arose more than 10 years after the product was first put to use.

Claims involving harmful substance exposure where the harm was not immediately apparent follow the same discovery-rule principle as other AEMLD claims: the 2-year clock runs from when the injury was or reasonably should have been discovered.

Contract and Debt Claims

Alabama provides generous deadlines for contract-based disputes compared to many other states.

Written contracts (not under seal) carry a 6-year statute of limitations under Ala. Code 6-2-34. This includes most business agreements, leases, and written loan agreements.

Contracts under seal allow 10 years to file under Ala. Code 6-2-33. A contract "under seal" is a formal written agreement bearing a seal or recital that it is sealed.

Oral contracts also have a 6-year limit under Ala. Code 6-2-34. Alabama does not distinguish between oral and written contracts for statute of limitations purposes, though proving the terms of an oral agreement is more difficult.

Open or unliquidated accounts have a shorter 3-year limit under Ala. Code 6-2-37. The clock starts from the date of the last item on the account or from the date the account becomes due under the contract terms.

Liquidated (stated) accounts and other settled debts carry the standard 6-year deadline.

Fraud Claims

Under Ala. Code 6-2-3, fraud claims operate on a discovery rule. The statute of limitations does not begin running until the injured party discovers the fraud. Once discovered, you have 2 years to file your claim. A scam victim may also have a claim under Alabama's Deceptive Trade Practices Act, which runs on its own, separate deadline; our guide to Alabama scam and fraud laws explains that claim and where to report the scam.

This is an important exception to the general rule. If someone conceals wrongdoing, the clock does not start ticking until you learn about it.

Alabama Criminal Statute of Limitations

Alabama's criminal statutes of limitations are found in Alabama Code Title 15, Chapter 3 (Limitations on Prosecution). These laws set deadlines for when prosecutors must bring criminal charges.

Offenses With No Time Limit

Under Ala. Code 15-3-5, the following crimes have no statute of limitations in Alabama. Prosecutors can bring charges at any time, regardless of how many years have passed:

• Murder and capital offenses
• Any felony involving arson of any type
• Forgery
• Counterfeiting
• Any sex offense involving a victim under 16 years of age
• Felonies resulting in serious physical injury or death
• Felonies involving the use, attempted use, or threat of violence
• Drug trafficking offenses

Felonies and Misdemeanors

The general felony statute of limitations in Alabama is 5 years from the date the offense was committed. Ala. Code 15-3-1 runs the five years from the commission of the offense, with no discovery rule, and it applies to every felony except those listed in Ala. Code 15-3-5 as having no limitation and those given a different limitations period by statute.

All misdemeanor offenses must be prosecuted within 12 months of the offense unless a different time limit is specified by statute.

When Is Prosecution Considered to Have Begun?

Under Alabama law, prosecution is considered to have begun when any of the following occurs:

• A grand jury returns an indictment
• A warrant is issued for the defendant's arrest
• The defendant is already in custody or released on bond before trial

If a first indictment is lost, quashed, or dismissed for a variance and a new indictment is ordered, Ala. Code 15-3-6 requires the time elapsing between the first charge and the subsequent indictment to be deducted from the time limited for prosecuting the offense last charged. That deduction shortens the computed limitations window rather than adding to it.

Tolling and Exceptions

Alabama recognizes several situations where the statute of limitations may be paused ("tolled") or extended.

Minors and Mental Incapacity

Under Ala. Code 6-2-8, if a person entitled to bring a civil claim is under 19 years old (Alabama's age of majority) or is legally insane at the time the cause of action accrues, the statute of limitations is suspended. The person then has 3 years after the disability is removed (turning 19 or regaining competency) to file the claim, or the period the law otherwise allows for that action if that period is shorter than three years.

Ala. Code 6-2-8(b) sets a longer window for one category of claim. If the injury the action is based on arises from a sex offense described in Ala. Code 15-20A-5, a claimant who was under 19 or insane when the right accrued has 6 years after the disability terminates, not three. That subsection is what produces the window running from a victim's 19th birthday to their 25th.

However, no disability may extend the total limitations period beyond 20 years from when the claim first accrued.

Fraudulent Concealment

Under Ala. Code 6-2-3, if a defendant actively conceals wrongdoing, the statute of limitations does not begin running until the injured party discovers the fraud. This applies to any civil cause of action where concealment prevented timely discovery.

Defendant Absence From State

If the person you need to sue leaves Alabama, the time they spend outside the state may not count toward the statute of limitations. This tolling provision prevents defendants from running out the clock by moving away.

Criminal Tolling

Alabama's criminal limitations chapter (Ala. Code Title 15, Chapter 3) runs from Section 15-3-1 through Section 15-3-8, and none of those sections pauses the clock because a defendant flees or hides. What controls instead is Ala. Code 15-3-7: a prosecution is commenced when an indictment is found, a warrant is issued, or the offender is bound over. Once one of those steps happens inside the limitations period, the deadline has been met, even if the defendant is not located until years later.

Recent Legislative Developments

Alabama lawmakers have considered changes to statutes of limitations in recent legislative sessions.

In the 2026 session, State Rep. Rolanda Hollis introduced bills that would expand the civil statute of limitations for sex abuse cases from the current window (between the victim's 19th and 25th birthdays) to 10 years, subject to voter approval through a constitutional amendment in the 2026 general election. As of March 2026, this legislation is pending.

The 2025 session saw the passage of the Mary Anne Leonard Educators' On-The-Job Injury Act, which for the first time extended workers' compensation coverage to public education employees. This new law may affect the filing deadlines for workplace injury claims by educators.

No other significant changes to Alabama's general civil or criminal statutes of limitations were enacted during the 2025 legislative session.

How to Protect Your Filing Rights

If you believe you may have a legal claim in Alabama, take these steps to avoid missing your deadline:

1. Identify your claim type. Different claims have different deadlines. Personal injury is 2 years, but a contract dispute may give you 6 years.

2. Determine when the clock started. In most cases, the deadline runs from the date of the incident. For fraud and some malpractice claims, it starts from the date of discovery.

3. Check for tolling. If you were a minor or legally incapacitated when the cause of action arose, you may have extra time.

4. File government claims promptly. Claims against Alabama cities require notice within 6 months. County claims require 12 months.

5. Consult an attorney early. An Alabama attorney can confirm the specific deadline for your situation and ensure your claim is filed on time.

State laws are always subject to change. While this guide reflects Alabama law as of early 2026, you should verify the current statutes before relying on any deadline.

More Alabama Laws

• Alabama Car Accident Laws
• Alabama Dog Bite Laws
• Alabama Expungement Laws
• Alabama Slip and Fall Laws
• Alabama Workers Compensation Laws

Frequently Asked Questions

What is the statute of limitations for personal injury in Alabama?

Alabama gives you 2 years from the date of injury to file a personal injury lawsuit under Ala. Code 6-2-38. If the injury arises from a contractual relationship, the deadline extends to 6 years.

Is there a statute of limitations on murder in Alabama?

No. Under Ala. Code 15-3-5, murder has no statute of limitations in Alabama. Prosecutors can bring charges at any time, no matter how many years have passed since the crime.

How long do I have to file a medical malpractice claim in Alabama?

You have 2 years from the date of the malpractice to file under the Alabama Medical Liability Act. If you could not reasonably have discovered the malpractice within 2 years, you get 6 additional months from the discovery date. However, no claim may be filed more than 4 years after the malpractice occurred (the statute of repose).

What happens if I miss the statute of limitations deadline in Alabama?

If you file a civil lawsuit after the statute of limitations has expired, the defendant can file a motion to dismiss. Alabama courts will grant the dismissal, permanently barring your claim. You lose the right to seek damages through the court system.

Can the statute of limitations be extended for minors in Alabama?

Yes. Under Ala. Code 6-2-8, if you are under 19 years old when the cause of action accrues, the statute of limitations is paused until you turn 19. You then have 3 years (or the normal limitations period, whichever is shorter) to file. The total extension cannot exceed 20 years from when the claim first arose.