Learn about Alabama’s personal injury shared fault rules, damage caps, the statute of limitations, and more.
Suppose you've been injured in Alabama—maybe in a car accident, a slip and fall, or because of medical malpractice. Before you bring a personal injury claim or file a lawsuit against the party who's responsible for your injuries, you should understand the basics of Alabama personal injury law.
We'll take you through the fundamentals, including:
- the time limits for filing an Alabama personal injury lawsuit
- rules that apply when you're also partly to blame for your accident
- whether Alabama has a cap on personal injury damages
- where and how you file an Alabama personal injury lawsuit, and
- special rules that apply to claims against cities, towns, and counties.
What is Alabama's Statute of Limitations for Personal Injury Lawsuits?
Like all states, Alabama has deadlines, called "statutes of limitations," on filing personal injury lawsuits in court.
General Rule: Two Years From Date of Injury
Under Alabama law, a lawsuit "for any injury to the person or rights of another" must be filed in court within two years. (Ala. Code § 6-2-38(l) (2023).) In most cases, the two-year clock begins running on the date you were injured.
This two-year limitations period also applies to:
- a wrongful death lawsuit, if the injured person died because of their injuries (Ala. Code § 6-2-38(a) (2023))
- lawsuits for libel or slander (also known as "defamation") (Ala. Code § 6-2-38(k) (2023)), and
- a personal injury claim against an employer for the wrongdoing of an employee. (Ala. Code § 6-2-38(n) (2023).)
Other Personal Injury Statutes of Limitations
Alabama law has special statutes of limitations for certain kinds of personal injury cases. For example, if you were injured by a dangerous product and you want to sue the original seller of the product, you typically must file your lawsuit within one year from the date you were hurt. (Ala. Code § 6-5-502(a)(1) (2023).)
As a general rule, the statute of limitations on medical malpractice and legal malpractice lawsuits is two years from the date of the malpractice. (Ala. Code § 6-5-482(a) (2023) (medical malpractice); Ala. Code § 6-5-574(a) (2023) (legal malpractice).)
Exceptions to the Two-Year General Rule
There are some exceptions to the two-year deadline that might, in limited circumstances, allow you more time to file a personal injury lawsuit. Here are some (but not all) of the exceptions to the two-year general rule.
Minors
If the injured person was under 19 years old on the date they were injured, the statute of limitations clock doesn't start running until the person turns 19. (Ala. Code § 6-2-8(a) (2023).)
Discovery Rule
Most often, the statute of limitations clock starts to run on the date you were injured. But what if you didn't know right away that you were hurt? In that case, the discovery rule might temporarily stop the clock from running until the date you actually discovered (or should have discovered) that you were injured.
Suppose you were hurt because of medical malpractice, but you weren't aware of your injury when it happened. Ala. Code § 6-5-482(a) (2023) says you can file a medical malpractice lawsuit within six months from the date you discovered or should have discovered the malpractice.
Absence From the State
If the party responsible for your injury is "absent from the state," the statute of limitations period temporarily stops running during the absence. (Ala. Code § 6-2-10 (2023).)
What Happens If You Don't File Your Lawsuit in Time?
The consequence of failing to file your personal injury lawsuit before the statute of limitations runs out is harsh: You lose the right to sue, forever. Unless there's an exception, if you try to file your lawsuit after the deadline expires, the court will have no choice but to dismiss the case.
Get Help From a Lawyer
Statutes of limitations are among the most complex and difficult laws to understand. Don't risk losing your personal injury claim because of a statute of limitations mistake. Get timely advice from an experienced Alabama lawyer.
When You're Partly to Blame for the Accident
In most states, if you're partly at fault for the accident that caused your injuries, your share of the blame reduces the amount of compensation (called "damages") you can collect. Unfortunately, that's not the rule in Alabama.
Alabama Is a Contributory Negligence State
Alabama is one of just a few states that still follow the harsh "contributory negligence" rule. Under this rule, if you're at all to blame for your injuries, you can't collect any damages—no matter how small your share of the blame or how badly you were hurt.
Here's how it works. Say you were seriously injured in a car accident. Your total damages are $500,000. You file a lawsuit. The jury decides that the other party, called the "defendant," was 99% responsible for the accident, but finds that you were 1% to blame.
How much in damages can you collect? Zero. Even the tiniest amount of fault on your part means you collect nothing under Alabama's contributory negligence rule.
Exceptions to the Contributory Negligence Rule
There are two exceptions to Alabama's contributory negligence rule:
- the "younger than 14 years old" exception, and
- the "wanton misconduct" exception
"Younger Than 14 Years Old" Exception
Alabama law says that a person who's younger than 14 years old can't be contributorily negligent. Stated a bit differently, Alabama's contributory negligence rule applies only to persons who are 14 years old or older.
"Wanton Misconduct" Exception
If the person who injured you acted wantonly—that is, with conscious disregard for your safety—Alabama's contributory negligence rule doesn't apply. To bring this exception into play, you'll have to prove that the person who hurt you knew their behavior created a substantial risk of injury, but acted anyway.
Be Prepared for a Contributory Negligence Defense
Contributory negligence is a claim killer. Insurance adjusters and insurance company lawyers know this, of course. You should expect them to raise it as a defense in your case, even if just to gain leverage for settlement negotiations.
If contributory negligence is an issue in your case, you'll need to have experienced legal counsel on your side.
Does Alabama Have a Cap on Personal Injury Damages?
The damages you can collect in an Alabama personal injury case fall into two general categories:
- compensatory damages, and
- punitive damages.
Compensatory Damages
Compensatory damages include both "economic" (also called "special") damages, and "noneconomic" (also called "general") damages. Economic damages include out-of-pocket expenses for medical bills, lost wages and benefits, and amounts you pay for things like medical equipment and medicines. Noneconomic damages are intended to compensate you for more intangible losses like pain and suffering, emotional distress, and disability.
In most cases, Alabama law doesn't limit (or "cap") compensatory damages. In other words, you're entitled to the full amount of economic and noneconomic damages you can prove.
Exception: Damages Against the Government
If a city, town, or county is responsible for personal injuries or wrongful death, the government's damage liability is capped at $100,000 per person and $300,000 per accident. (Ala. Code § 11-93-2 (2023).) There are no exceptions to this cap.
Exception: Wrongful Death Cases
In nearly all states, when a person is wrongfully killed, family members can collect compensatory damages for losses like funeral expenses and lost income or support. Not so in Alabama. In an Alabama wrongful death case, family members can collect only punitive damages against the party responsible for the death.
Punitive Damages
Punitive damages aren't intended to compensate you for your losses. Instead, they're meant to punish a wrongdoer and to deter others from behaving similarly.
Under Alabama law, to win punitive damages you must prove by "clear and convincing evidence" that the party who injured you "consciously or deliberately engaged in oppression, fraud, wantonness, or malice… ." (Ala. Code § 6-11-20(a) (2023).) To satisfy this very demanding standard, you'll need to show that the party who hurt you acted intentionally, or knew with a high degree of certainty that you'd be injured.
Except in cases involving intentional injuries or wrongful death, Alabama law caps punitive damages at the greater of:
- three times the amount of your compensatory damages, or
- $1,500,000.
(Ala. Code § 6-11-21(d) (2023).)
In addition, if you were injured by a "small business" (meaning a business worth $2,000,000 or less), punitive damages are capped at the greater of $50,000 or 10% of the business's value. But this cap doesn't apply in cases involving intentional injuries or wrongful death. (Ala. Code § 6-11-21(b) (2023).)
Where and How to File an Alabama Personal Injury Lawsuit
To begin an Alabama personal injury or wrongful death lawsuit, in most cases, you file a document called a "complaint" in the proper Alabama circuit court. Your complaint must be accompanied by a civil cover sheet. Typically, you'll file your case in the circuit court where the accident happened, though different rules might apply.
Your complaint should describe, in plain language and numbered paragraphs, the parties involved, when, where, and how the accident happened, your injuries, and why the party you're suing is legally responsible for your injuries. You must also demand judgment for the relief (usually damages) that you seek.
Once you've filed your complaint with the court, you must have it "served"—formally delivered, along with a summons commanding the party you've sued to appear in court—on each defendant. If the complaint isn't served within 120 days after filing, the court can dismiss the lawsuit.
The Alabama Rules of Civil Procedure, as applied by the trial court judge, will control your personal injury lawsuit. These rules are complex and can be difficult to understand and apply. The time to learn the rules isn't while you're trying to handle your own personal injury case. Here again, you should seek the advice of an experienced Alabama personal injury lawyer.
(Learn more about the steps in a personal injury lawsuit.)
Special Rules for Claims Against Municipalities and Counties
Alabama requires that you give written, formal notice of a personal injury or wrongful death claim when the responsible party is a local government like a city, town, or county. Importantly, this notice isn't the same thing as filing a lawsuit in court. Instead, you must provide the government with written notice of your claim, using forms and procedures the local government specifies, before you're even allowed to file a lawsuit.
What happens if you fail to provide notice as required by law? You lose your right to sue the government for your injuries.
Claims Against Cities and Towns
When your claim is against a city or a town, Ala. Code § 11-47-23 (2023) controls. You must present your claim to the municipal clerk within six months. In most cases, this time limit begins to run on the date of the accident.
Another Alabama statute—Ala. Code § 11-47-192 (2023)—says that in the case of a personal injury or wrongful death claim against a municipality, a statement must be filed with the municipal clerk describing:
- how the injury happened
- the date, time, and place where the injury happened, and
- the damages being claimed.
Check with the municipal clerk or an Alabama attorney about the forms and procedures you must use and follow.
Claims Against Counties
If your personal injury or wrongful death claim is against an Alabama county, you must present the claim to the county within 12 months, typically from the date of the injury or death. (Ala. Code § 11-12-8 (2023).) There are exceptions for minor children and people suffering from mental or emotional disabilities, who have 12 months after reaching adulthood or removal of the disability to present their claim.
(Learn about special rules that apply if your claim is against the federal government.)
What's Next?
Alabama law isn't friendly to personal injury claimants. Potential traps and complications exist at almost every turn. If you want to pursue a personal injury claim or lawsuit, your best bet will be to hire an experienced attorney to handle your case. This is someone who knows Alabama's laws and who can give you the best chance at success.
When you're ready to move forward, here's how to find a personal injury lawyer who's right for you.
FAQs
Alabama Personal Injury Laws and Liability Rules? ›
Alabama is one of just a few states that still follow the harsh "contributory negligence" rule. Under this rule, if you're at all to blame for your injuries, you can't collect any damages—no matter how small your share of the blame or how badly you were hurt.
What is the pain and suffering law in Alabama? ›A person injured by the negligent or wrongful conduct of another is entitled to recover “pain and suffering” damages. The phrase “Pain and Suffering” is used in Alabama to describe compensable damages for physical pain or mental anguish that results from a personal injury. Mental anguish includes emotional distress.
What is strict liability in personal injury? ›Strict liability means that someone is at fault even if they don't intend to cause harm. This concept in personal injury lawsuits makes someone liable for a victim's damages even if they didn't do anything wrong.
What is the statute for personal injury in Alabama? ›In Alabama, the statute of limitations for most personal injury claims is two years from the date of injury. This means that if you were in a car accident on January 1st, 2020, you would have until January 1st, 2022, to file a claim.
What is the statute of limitations on premises liability in Alabama? ›Alabama statute of limitations
In Alabama, the statute of limitations for premises liability claims involving physical injuries is 2 years. That means you have 2 years from the date you suffered your injury to file your lawsuit.
In Alabama, to have an emotional distress claim, there must be an intentional infliction of emotional distress. Intentional infliction means that there is some form of intentional conduct that is so extreme and outrageous, that it causes severe and serious emotional distress.
How do you prove pain and suffering? ›- Medical bills.
- Medical records, including your treatment records.
- Pictures of your injuries.
- Psychiatric records.
- The time you missed from work.
- Your mental state.
Vicarious liability, or imputed liability, is a legal rule that holds a person or company responsible for actions committed by others or by their employees. Typically, it applies to those who are in control of people who cause harm to victims.
What is a limitation of liability clause personal injury? ›A limitation of liability clause is a contractual provision that restricts the type and amount of liability that one party (the offending party) assumes when it directly or indirectly causes another party (the injured party) to experience losses in connection with their contractual relationship.
What are the 3 main areas types of strict liability cases? ›There are three broad categories of strict liability torts, including possession of wild animals, ultrahazardous or abnormally dangerous activity, and strict product liability.
How much can you be sued for in Alabama? ›
The maximum amount you may sue or be sued for is $3,000 Procedures are simple, informal, and inexpensive. There are no juries and you may appear before the judge with or without an attorney.
What is the Alabama Code 6 5 332? ›(g) Any person, who, in good faith, renders emergency care at the scene of an accident or emergency to the victim or victims thereof without making any charge of goods or services therefor shall not be liable for any civil damages as a result of any act or omission by the person in rendering emergency care or as a ...
What is the Alabama Guest statute 32 1 2? ›Under Alabama Code 32-1-2, a passenger (or “guest”) is prohibited from bringing a claim against a driver for injuries sustained in a wreck, unless the driver willfully or intentionally operated the vehicle in a way to cause those injuries.
What is limitation of liability rule? ›A limitation of liability clause is a clause in a contract that restricts a company's financial exposure in the event of a lawsuit or another claim. A limitation of liability clause, if found to be enforceable, can “cap” the number of potential damages incurred.
What is the minimum liability in Alabama? ›To register and operate a vehicle in Alabama, your auto insurance coverage must meet the following minimum requirements: Bodily injury liability: $25,000 per person and $50,000 per accident. Property damage liability: $25,000 per person.
What is the liability statute in Alabama? ›General Rule: Two Years From Date of Injury
Under Alabama law, a lawsuit "for any injury to the person or rights of another" must be filed in court within two years. (Ala. Code § 6-2-38(l) (2023).) In most cases, the two-year clock begins running on the date you were injured.
Some warning signs of emotional distress include: Ongoing anxiety or depression. Overwhelming fear or panic attacks. Feeling guilty with no apparent reason.
How do you prove emotional distress in Alabama? ›gence in Alabama, she must demonstrate that: (1) the defendant owed a duty to the foreseeable plaintiff; (2) the defendant breached that duty to the plaintiff; (3) the plaintiff suffered an injury; and (4) the breach of the duty was the proximate cause of the injury.
What is mental anguish damages in Alabama? ›Alabama's Laws on Emotional Mental Anguish Damages
Under Alabama law, emotional mental anguish damages are considered a type of compensatory damages. Compensatory damages are intended to compensate the plaintiff for their losses or injuries, and may include both economic and non-economic damages.
Some injuries can change a person's life, but are incredibly difficult to diagnose and treat. This is often the case when it comes to injuries such as whiplash, nerve damage, sprains, strains, mild traumatic brain injuries (TBIs) and concussions.
What is the value of pain and suffering? ›
The per diem method applies a daily rate for each day the plaintiff suffered. For example, if the daily rate is $500 and the plaintiff suffered for 30 days, the value of the pain and suffering claim would be $15,000. A higher value is attached when the timeline for pain and suffering is longer or the rate is higher.
When pain becomes suffering? ›Suffering is the interpretation of that event and involves thoughts, beliefs, or judgments,4,5 and reflects the human experience of pain. Pain can cause suffering when it is uncontrolled or persists. Uncontrolled pain can lead to further physical impact and to major disruption in quality of life (QOL).
What is tort malice? ›MALICE IN THE LAW OF TORT. "Malice in common acceptation means ill-will against a person; but in its legal sense it means a wrongful act, done intentionally, without just cause or excuse." '
What is tort negligence? ›According to Winfield and Jolowicz “Negligence is the breach of a legal duty to take care which results in damage, undesired by the defendant to the plaintiff.”
What are the three conditions of vicarious liability? ›Establishing vicarious liability requires three primary criteria to be met. There must be a relationship of control, a tortious act, and that act must be in the course of employment.
What is an exculpatory clause? ›Primary tabs. An exculpatory clause is part of a contract that prevents one party from holding the other party liable for damages related to the contract. Exculpatory clauses are used quite often in purchases such as the ones included with an amusement park or plane ticket.
What are common exceptions to limitation of liability? ›Examples of exclusions from limitations of liability include losses resulting from a breach of confidentiality, refusal to provide services, death, bodily injury, damage to tangible property, violation of applicable law, gross negligence or willful misconduct.
What are the limitations on a personal injury case? ›The limitation period for personal injury claims is generally three years. This means claims must be commenced in the courts within three years from the date on which the accident or incident occurred in which the injuries were caused; or three years from the date of 'knowledge'.
What two things must be proven in a strict liability case? ›A plaintiff suing under a theory of strict liability will need to show that there was a defect, that the defect actually and proximately caused the plaintiff's injury, and that the defect made the product unreasonably dangerous.
What are two defenses to strict liability? ›Defenses to strict liability
Therefore, the two most common defenses to a strict liability claim are that the defendant didn't engage in the abnormally dangerous activity or didn't have control over the animal or product, and that something else (such as a third party) caused the plaintiff's injury.
What are 2 defences of strict liability? ›
No defence can be brought against a case where strict liability is applied. This makes it different from strict liability where defences like Act of God and Act of the third person can be applied. The principle of compensatory justice remains the benchmark of the system of liability.
What assets are protected from a lawsuit in Alabama? ›Assets owned by a properly structured trust, foundation, or other entity are generally not subject to claims against their beneficiaries. In addition, placing assets into an asset protection entity may also remove those assets from a person's taxable estate.
How much can you sue for emotional distress in Alabama? ›Damage Limits for Emotional Distress Claims in Alabama
Noneconomic damages such as those resulting from emotional distress are limited to $400,000 by statute.
Civil Damages Act
It states that an individual or business providing alcohol to a minor that knows or should have known of the minority can be sued for the injuries to, or death of, the minor.
Section 28-11-13Unlawful for minors to purchase, use, possess, or transport tobacco, tobacco products, or alternative nicotine product. (a) It is unlawful for any minor to purchase, use, possess, or transport tobacco, tobacco product, or alternative nicotine product within this state.
What is Alabama Code 8 6 11? ›Section 8-6-11 Registration of securities — Exempt transactions. Section 8-6-12 Registration of securities — Applicability of provisions of article; consent to service of process on secretary of state.
What is Alabama Code 6 11 21? ›Section 6-11-21 - Punitive damages not to exceed certain limits (a) Except as provided in subsections (b), (d), and (j), in all civil actions where an entitlement to punitive damages shall have been established under applicable laws, no award of punitive damages shall exceed three times the compensatory damages of the ...
What is Rule 31 of Alabama Code 1975? ›Rule 31. Procedure for making a parent, legal guardian, or legal custodian a party. (A) In any case in which a child is alleged to be dependent, the child's parent or parents, legal guardian, or legal custodian shall be considered a party or parties to the action.
What is Alabama statute 13a 6 82? ›A person commits the crime of being a school employee having sexual contact with a student under the age of 19 years if he/she is a school employee and engages in sexual contact with a student, regardless of whether the student is male or female.
What is Alabama statute 13a 6 2? ›If you find from the evidence that the State has proved beyond a reasonable doubt each of the elements of murder, then you shall find the defendant guilty of murder.
What is a indemnity clause? ›
Indemnity clauses, also known as indemnification clauses, require one party to reimburse the other for recoverable damages from third-party claims. The indemnifying party is demanding payment. The indemnified party is required to pay.
What is an example of a limitation of liability? ›For example, a website user suffers loss because they relied on information provided on that website. A limitation of liability clause in the Website's terms and conditions could limit the liability of the website owner (ie the user can only recoup up to a certain amount).
What is an example of exclusion of liability clause? ›An example of such a clause would state that the party would not be liable for an amount greater than the purchase price if the goods are defective.
Is Alabama a no-fault state? ›No, Alabama is not a state that has a no-fault insurance system. Alabama is a fault state. Motorists who are found at fault for a collision may be held financially accountable for the medical bills and other losses they have caused others to sustain.
Does Alabama require liability insurance? ›The Alabama Mandatory Liability Insurance Law provides that no person shall operate, register, or maintain registration of a motor vehicle designed to be used on a public road or highway unless it is covered by a liability insurance policy. §32-7A-3, Code of Alabama 1975.
Can you stack liability coverage in Alabama? ›Under Alabama law, you can “stack” up to three coverages. This can be an important benefit, especially if your UIM coverage provides only the minimum benefits required by law.
What is the statute of limitations for personal injury in Alabama? ›In Alabama, the statute of limitations for most personal injury claims is two years from the date of injury. This means that if you were in a car accident on January 1st, 2020, you would have until January 1st, 2022, to file a claim. There are some exceptions to this rule as well.
Are liability waivers enforceable in Alabama? ›Pre-injury waivers and releases may be enforceable in Alabama depending on the language. However, they are not enforceable against youth under the age of 19 in Alabama. Alabama law states that minors cannot enter contracts even if a parent or guardian signs it as well.
What are examples of liability rule? ›A company can be held liable for injuries caused by a defective product regardless of whether the company was negligent. And animal owners can be held liable if their pet bites, regardless of whether they had reason to suspect that would occur.
Is there a limit to pain and suffering? ›How much Can You Sue for Pain and Suffering? In general, there is no limit to the amount you can sue for these damages.
Do you pay taxes on pain and suffering? ›
These are non-economic damages that can be recovered in addition to your monetary or economic losses. The compensation you receive for your physical pain and suffering arising from your physical injuries is not considered to be taxable and does not need to be reported to the IRS or the State of California.
What is pain and suffering legal terms? ›Pain and suffering refers to the physical discomfort and emotional distress that are compensable as noneconomic damages. It refers to the pain, discomfort, anguish, inconvenience, and emotional trauma that accompanies an injury.
What is the statute of limitations for intentional infliction of emotional distress in Alabama? ›In Alabama, the statute of limitations for filing a lawsuit for personal injury, including claims for emotional distress, is generally two years from the date of the injury.
What type of compensatory damages will pay for pain and suffering? ›General damages (also called "non-economic damages") are harder to measure than special damages. They are meant to compensate plaintiffs for intangible losses associated with an injury like "pain and suffering." Examples of general damages include: pain and suffering (physical and mental)
Is emotional distress the same as pain and suffering? ›As a part of pain and suffering damages, emotional distress (also called mental anguish) is when someone's actions cause you to suffer mental harm, such as anguish, humiliation, torment, anxiety, insomnia, and depression. Pain like headache or body ache is not considered emotional distress.
Are personal injury settlements reported to the IRS? ›The majority of personal injury settlements are tax-free. This means that unless you qualify for an exception, you will not need to pay taxes on your settlement check as you would regular income. The State of California does not impose any additional taxes on top of those from the IRS.
Are personal injury settlements taxable in Alabama? ›The general answer is that the IRS and Alabama Department of Revenue do not consider personal injury settlements to be “income”. Rather, the money is deemed to be reimbursement or compensation for something was lost. As such, most car accident, workers comp or other injury claims go tax-free.
Does settlement money count as income? ›If you're involved in a lawsuit in California, you may be wondering whether any settlement or award you receive is taxable. The good news is that, in most cases, personal injury settlements are not taxable in California.
What is emotional distress in law? ›What counts as emotional distress? Emotional distress, legally speaking, is mental anguish or emotional pain and suffering that — usually — must be accompanied by some physical manifestation.
What is the legal term for emotional suffering? ›Emotional distress, also referred to as mental anguish, is legally defined as:a highly unpleasant emotional reaction (as anguish, humiliation, or fury) which results from another's conduct and for which damages may be sought.
Are punitive damages the same as pain and suffering? ›
Is Pain and Suffering Punitive Damages? Pain and suffering don't fall under punitive damages. If a judge awards you damages for pain and suffering, they will be compensatory – they're designed to compensate you for what you're going through.
How much can I sue for emotional distress in Alabama? ›Damage Limits for Emotional Distress Claims in Alabama
Noneconomic damages such as those resulting from emotional distress are limited to $400,000 by statute.
Most people know that lawsuits can be filed for negligence or for a breach of contract, but in Alabama, lawsuits can also be filed for “outrage.” Outrage occurs when someone does something so outrageous and so extreme that it goes beyond all possible bounds of decency.
How do you prove infliction of emotional distress? ›- The defendant's conduct was outrageous,
- The conduct was either reckless or intended to cause emotional distress; and.
- As a result of the defendant's conduct you suffered severe emotional distress.