Alabama Statute of Limitations: Filing Deadlines by Case Type (2026 Guide)

A comprehensive guide to Alabama's statute of limitations for civil claims. Find out how long you have to file a lawsuit for personal injury, breach of contract, medical malpractice, debt collection, property damage, and other claims under Alabama law.

Table of Contents

  1. Overview of Alabama Deadlines
  2. Civil Statute of Limitations by Case Type
  3. Personal Injury Claims
  4. Contract Disputes
  5. Medical Malpractice
  6. Property Damage
  7. Debt Collection
  8. Wrongful Death
  9. Claims Against Government Entities
  10. Criminal Statute of Limitations
  11. Tolling and Exceptions
  12. Legal References
  13. Frequently Asked Questions

Overview of Alabama Statute of Limitations

Written by: Daniel L. Simmons, J.D. | Last Updated: March 15, 2026 | Fact-Checked

Alabama's statute of limitations sets strict deadlines for filing lawsuits in both civil and criminal cases. These deadlines are codified primarily in Title 6, Chapter 2 of the Alabama Code and vary depending on the type of claim. Missing a deadline can result in your case being dismissed, regardless of how strong your claim may be.

Alabama is notable for having a relatively generous 6-year statute of limitations for both written and oral contracts—one of the longest in the nation. Most other claim types, such as personal injury and medical malpractice, follow the more common 2-year deadline. Claims against government entities must be filed within 1 year.

Key point: The statute of limitations clock typically starts on the date the injury occurred or the date the injury was discovered (or should have been discovered). Always verify the applicable deadline with a qualified Alabama attorney before relying on any general information.

Legal References: For the complete text of Alabama's statute of limitations laws, see Alabama Code Title 6 (Civil Procedure) and Title 15 (Criminal Procedure).

Civil Statute of Limitations by Case Type

The following table summarizes the most common civil statute of limitations deadlines in Alabama. These are general time limits and special rules may apply depending on the specific facts of your case.

Case Type Statute of Limitations Alabama Code
Personal Injury 2 years Ala. Code § 6-2-38
Wrongful Death 2 years Ala. Code § 6-5-390
Breach of Written Contract 6 years Ala. Code § 6-2-37
Breach of Oral Contract 6 years Ala. Code § 6-2-37
Property Damage 6 years Ala. Code § 6-2-38
Medical Malpractice 2 years (4-year statute of repose) Ala. Code § 6-5-482
Legal Malpractice 2 years Ala. Code § 6-2-38
Fraud 2 years from discovery Ala. Code § 6-2-3
Defamation (Libel/Slander) 2 years Ala. Code § 6-2-38
Product Liability 2 years (10-year statute of repose) Ala. Code § 6-5-501
Debt Collection (Written Contract) 6 years Ala. Code § 6-2-37
Debt Collection (Oral Contract) 6 years Ala. Code § 6-2-37
Claims Against Government 1 year Ala. Code § 41-9-62
Workers' Compensation Claim 2 years from injury or last benefit payment Ala. Code § 25-5-16
Childhood Sexual Abuse No limit (civil) Ala. Code § 6-2-38

Important: This table provides general time limits for common civil claims in Alabama. Special rules may apply for claims involving minors, government entities, medical malpractice, product liability, and other specific situations. Always consult with a qualified Alabama attorney for advice on your particular case.

Personal Injury Claims in Alabama

Under Ala. Code § 6-2-38, Alabama's statute of limitations for personal injury claims is 2 years from the date the injury occurred. This applies to a wide range of cases, including:

  • Car accidents and motor vehicle collisions
  • Slip and fall / premises liability cases
  • Assault and battery
  • Dog bites and animal attacks
  • Workplace injuries (outside of workers' compensation)
  • Product liability injuries

Discovery Rule

Alabama courts apply the "discovery rule" in certain cases, which delays the start of the statute of limitations until the plaintiff discovered, or through reasonable diligence should have discovered, the injury and its cause. This is commonly applied in toxic exposure cases, occupational diseases, and cases involving latent injuries that do not manifest immediately.

Minors

If the injured person is under 19 at the time of the injury (the age of majority in Alabama), the statute of limitations is generally tolled (paused) until they reach the age of majority. The 2-year clock then starts on their 19th birthday, giving them until age 21 to file a lawsuit. This is codified at Ala. Code § 6-2-8.

Government claims exception: If your personal injury claim is against a government entity (the State of Alabama, a county, a municipality, or a public agency), you must file within 1 year under Ala. Code § 41-9-62. The regular 2-year deadline does not apply to government defendants.

Contract Disputes in Alabama

Alabama is notable for applying the same statute of limitations to both written and oral contracts, which is unusual among U.S. states.

Written Contracts

Under Ala. Code § 6-2-37, the statute of limitations for breach of a written contract is 6 years from the date the cause of action accrues. This applies to employment agreements, lease agreements, business contracts, promissory notes, and other written agreements. The clock starts on the date the breach occurred.

Oral Contracts

Under the same statute, Ala. Code § 6-2-37, the statute of limitations for breach of an oral contract is also 6 years from the date of the breach. Alabama is one of the few states that does not distinguish between written and oral contracts for statute of limitations purposes. However, proving the terms of an oral contract after a long period of time can be practically difficult.

Contracts Under Seal

Under Ala. Code § 6-2-33(1), contracts under seal have a 20-year statute of limitations. However, contracts under seal are rare in modern practice.

UCC Sales of Goods

For contracts involving the sale of goods, Alabama's version of the Uniform Commercial Code (Ala. Code § 7-2-725) sets a 4-year statute of limitations. The parties may reduce this to not less than 1 year, but may not extend it beyond 4 years.

Note: Alabama's 6-year limit for both written and oral contracts is one of the most generous in the nation. Most states apply a shorter limit (typically 2 to 4 years) for oral contracts. The clock generally starts on the date of the breach, not the date the breach was discovered.

Medical Malpractice in Alabama

Alabama's medical malpractice statute of limitations is governed by Ala. Code § 6-5-482. The rules are more complex than most other claim types:

  • 2 years from the date of the act, omission, or failure giving rise to the claim
  • If the injury was not discovered and reasonably should not have been discovered, the deadline is 6 months from the date of discovery
  • In no event may the claim be filed more than 4 years from the date of the act or omission (statute of repose)

Pre-Suit Notice Requirement

Alabama requires that a plaintiff provide the healthcare provider with a written notice of intent to sue at least 90 days before filing a medical malpractice lawsuit. This notice must be sent by certified mail and must include the specific facts supporting the claim. The 90-day notice period may toll (pause) the statute of limitations.

Key Features of Alabama Medical Malpractice Law

  • No general damages cap: Alabama does not impose a general cap on non-economic damages (pain and suffering) in medical malpractice cases. The Alabama Supreme Court has held that statutory caps on damages violate the state constitution's right to a jury trial.
  • Punitive damages: Alabama allows punitive damages in medical malpractice cases where the defendant's conduct was intentional, reckless, or fraudulent.
  • Expert testimony: Expert testimony is generally required to establish the standard of care and causation in medical malpractice cases.

Common Medical Malpractice Scenarios

  • Surgical errors and wrong-site surgery
  • Misdiagnosis or delayed diagnosis
  • Medication errors
  • Birth injuries
  • Anesthesia errors
  • Failure to obtain informed consent

Warning: The 4-year statute of repose for medical malpractice in Alabama is an absolute deadline in most cases. Even if the injury was not discovered until after 4 years, the claim is generally time-barred. Consult with an attorney immediately if you believe you have a medical malpractice claim.

Property Damage Claims in Alabama

Under Ala. Code § 6-2-38, the statute of limitations for property damage claims in Alabama is 6 years. This applies to:

  • Damage to real property (land, buildings, structures)
  • Damage to personal property (vehicles, equipment, belongings)
  • Trespass to real property
  • Conversion (theft or unauthorized use of personal property)
  • Vandalism and intentional property damage

The clock generally starts on the date the damage occurred. For latent damage that is not immediately discoverable (such as construction defects or environmental contamination), the discovery rule may apply, delaying the start of the clock until the damage was or should have been discovered.

Note: Alabama's 6-year statute of limitations for property damage is one of the longest in the nation. Many states limit property damage claims to 2 to 3 years. This longer deadline gives property owners more time to discover and pursue claims for latent damage.

Debt Collection in Alabama

The statute of limitations for debt collection in Alabama depends on the type of debt. Alabama is notable for having the same 6-year limit for both written and oral debts:

Type of Debt Statute of Limitations Legal Basis
Written contract (loans, promissory notes) 6 years Ala. Code § 6-2-37
Oral contract 6 years Ala. Code § 6-2-37
Open-ended account (credit cards) 6 years Ala. Code § 6-2-37
Auto loan deficiency 6 years Ala. Code § 6-2-37
Domestic judgment 20 years Ala. Code § 6-9-190

When Does the Clock Start?

For most debts, the statute of limitations starts from the date of last payment or the date of default, whichever is later. Each payment on an account may restart the clock in Alabama.

Important: After the statute of limitations expires, debt collectors can still attempt to collect the debt, but they cannot successfully sue you. However, making a partial payment or acknowledging the debt in writing may restart the clock. Do not make any payment or written acknowledgment on an old debt without first consulting an attorney.

Wrongful Death Claims in Alabama

Under Ala. Code § 6-5-390, the statute of limitations for wrongful death claims in Alabama is 2 years from the date of the decedent's death. This applies when a person's death is caused by the wrongful act, omission, or negligence of another.

Wrongful death claims in Alabama may only be filed by the personal representative of the decedent's estate on behalf of the surviving spouse and next of kin. Alabama's wrongful death statute is unique in that it allows only punitive damages—compensatory damages (such as lost wages or medical expenses) are not available in Alabama wrongful death cases.

Common Wrongful Death Scenarios

  • Fatal car or truck accidents
  • Medical malpractice resulting in death
  • Workplace fatalities
  • Defective products causing death
  • Intentional acts of violence

If the wrongful death claim is against a government entity, the 1-year deadline under Ala. Code § 41-9-62 applies instead.

Unique to Alabama: Alabama wrongful death damages are exclusively punitive, meaning the purpose of the award is to punish the wrongdoer and deter similar conduct, not to compensate the family for their loss. The jury determines the amount of punitive damages based on the severity of the defendant's misconduct.

Claims Against Government Entities in Alabama

Alabama imposes a shorter deadline for claims against government entities. The rules differ depending on the level of government involved:

State Government Claims

Under Ala. Code § 41-9-62, claims against the State of Alabama or its agencies must be filed within 1 year of the date the claim accrues. Alabama has waived sovereign immunity for certain claims up to specific monetary limits:

  • $100,000 per person for claims arising from a single occurrence
  • $1,000,000 total for all claims arising from a single occurrence

Local Government Claims

Claims against municipalities, counties, and other local government entities are subject to the same 1-year deadline. However, local governments in Alabama retain broader sovereign immunity protections than the state government. Claims against local entities may be subject to additional procedural requirements.

Types of Government Claims

The 1-year deadline applies to claims against:

  • The State of Alabama and its departments
  • Counties and county commissions
  • Cities and municipalities
  • Public school districts and universities
  • Public hospitals and transit authorities
  • Any other state or local government entity

Critical: The 1-year deadline for government claims in Alabama is strictly enforced. Missing this deadline almost always permanently bars your claim. Unlike some states, Alabama does not have a separate pre-suit administrative claim process for most government claims, but the 1-year filing deadline is absolute. If you believe you have a claim against a government entity, act immediately and consult with an Alabama attorney.

Criminal Statute of Limitations in Alabama

Alabama's criminal statute of limitations is governed by Title 15, Chapter 3 of the Alabama Code (Sections 15-3-1 through 15-3-8). The state has relatively generous time limits for criminal prosecutions, with no statute of limitations for capital offenses and all Class A felonies.

Alabama Criminal Statute of Limitations by Crime Type

Crime Type Time Limit Legal Reference
Capital offenses (murder, etc.) No limit Ala. Code § 15-3-5
Class A felonies No limit Ala. Code § 15-3-5
Felonies with use/attempted use/threat of violence No limit Ala. Code § 15-3-5(2)
Felonies resulting in serious physical injury or death No limit Ala. Code § 15-3-5(3)
Sexual offenses against minors (victim under 16) No limit Ala. Code § 15-3-5(4)
Felonies involving arson No limit Ala. Code § 15-3-5(5)
Felony forgery or fraudulent practices 5 years Ala. Code § 15-3-5(6)
Felonies involving counterfeiting No limit Ala. Code § 15-3-5(7)
Felonies involving drug trafficking No limit Ala. Code § 15-3-5(8)
Conversion of state or county revenue 6 years Ala. Code § 15-3-3
General felonies (Class B, C, D) 5 years Ala. Code § 15-3-1
Misdemeanors 12 months Ala. Code § 15-3-2
Unlawfully taking/using another's property temporarily 30 days Ala. Code § 15-3-4

Note: Alabama has no statute of limitations for capital offenses, all Class A felonies, felonies with violence or serious injury/death, sexual offenses against minors under 16, arson, counterfeiting, and drug trafficking. For other felonies, the 5-year period may be tolled if the defendant is absent from the state.

When Does Criminal Prosecution Officially Begin?

Under Alabama law (Ala. Code § 15-3-7), a criminal prosecution is considered to have commenced when any of the following occurs:

  • Indictment: A grand jury returns an indictment
  • Warrant: A judge issues an arrest warrant
  • Arrest: The defendant is placed in jail
  • Bond/Bail: The defendant is released on bond or bail before trial

Challenging Expired Charges

If the statute of limitations has expired on a criminal charge, the defendant can file a motion to dismiss under Alabama Rule of Criminal Procedure 14.1. The court must dismiss the charge if the limitations period has run. However, the defendant must raise this issue before trial or it may be waived.

Tolling and Exceptions in Alabama

Under certain circumstances, Alabama law allows the statute of limitations to be "tolled" (paused or extended). Common tolling doctrines include:

Minority (Under 19)

If the plaintiff is under 19 (the age of majority in Alabama) at the time the cause of action accrues, the statute of limitations is tolled until they reach the age of majority. This is codified at Ala. Code § 6-2-8. The clock starts on the plaintiff's 19th birthday.

Mental Incapacity

If the plaintiff lacks the legal capacity to manage their own affairs at the time the cause of action accrues, the statute of limitations may be tolled under Ala. Code § 6-2-8. The tolling continues while the incapacity exists.

Defendant's Absence from the State

Under Ala. Code § 6-2-10, if the defendant is absent from the state after the cause of action accrues, the time of absence is not counted as part of the statute of limitations period. This means the clock effectively pauses while the defendant is out of Alabama.

Discovery Rule

Alabama courts recognize the discovery rule in many types of cases. Under this doctrine, the statute of limitations does not begin until the plaintiff discovered, or through reasonable diligence should have discovered, the facts giving rise to the claim. This is particularly relevant in:

  • Medical malpractice (hidden injuries)
  • Toxic exposure and environmental contamination
  • Fraud and misrepresentation
  • Professional malpractice (legal, accounting)
  • Occupational diseases

Fraudulent Concealment

If the defendant fraudulently concealed the facts giving rise to the claim, the statute of limitations is tolled until the plaintiff discovered or should have discovered the claim. Alabama courts apply this doctrine broadly, and it can toll the statute of limitations for many types of claims.

Warning: Tolling doctrines are complex and fact-specific. Do not assume the statute of limitations has been extended in your case without consulting an Alabama attorney. Courts apply these doctrines narrowly, and the burden of proving tolling is on the plaintiff.

Alabama Statute of Limitations: Frequently Asked Questions

What is the statute of limitations for personal injury in Alabama?
In Alabama, the statute of limitations for personal injury claims is 2 years from the date of the injury under Ala. Code Section 6-2-38. This applies to car accidents, slip and fall cases, assault, dog bites, and other injury claims. If the injury was not immediately discovered, the discovery rule may delay the start of the clock. If your claim is against a government entity, you must file within 1 year under Ala. Code Section 41-9-62.
What is the statute of limitations for medical malpractice in Alabama?
In Alabama, the statute of limitations for medical malpractice is 2 years from the date of the act or omission under Ala. Code Section 6-5-482. If the injury was not discovered, the deadline is 6 months from discovery, but in no event more than 4 years from the act or omission (statute of repose). Alabama also requires a 90-day pre-suit notice to the healthcare provider before filing suit. There is no general cap on damages.
What is the statute of limitations for breach of contract in Alabama?
In Alabama, the statute of limitations for breach of both written and oral contracts is 6 years under Ala. Code Section 6-2-37. Alabama is one of the few states that applies the same 6-year limit to both written and oral contracts. The clock generally starts on the date the breach occurred, not when the breach was discovered.
What is the statute of limitations for debt collection in Alabama?
In Alabama, the statute of limitations for debt collection is 6 years for both written contracts and oral contracts under Ala. Code Section 6-2-37. Open-ended accounts such as credit cards generally fall under the 6-year limit. The clock typically starts from the date of the last payment or the date of default. Making a partial payment or acknowledging the debt in writing may restart the clock.
How long do I have to file a claim against a government entity in Alabama?
Under Ala. Code Section 41-9-62, you must file a claim against a government entity in Alabama within 1 year of the date the claim accrues. This applies to claims against the State of Alabama, state agencies, counties, municipalities, and other government entities. Alabama does not require a separate pre-suit administrative claim process for most government claims, but the 1-year deadline is strictly enforced.
Can the statute of limitations be extended in Alabama?
Yes, under certain circumstances. The statute of limitations can be tolled (paused) if the plaintiff is a minor (under 19), lacks mental capacity, if the defendant has left the state, or if the discovery rule applies. Alabama also recognizes fraudulent concealment as a basis for tolling. However, these doctrines are applied narrowly by courts, and the burden of proving tolling is on the plaintiff. Always consult with an attorney to determine if tolling applies to your case.
Does Alabama have a statute of repose?
Yes, Alabama has statutes of repose for certain types of claims. For medical malpractice, there is a 4-year statute of repose under Ala. Code Section 6-5-482, meaning no claim can be filed more than 4 years after the act or omission regardless of when the injury was discovered. For product liability, there is a 10-year statute of repose under Ala. Code Section 6-5-501, meaning no claim can be filed more than 10 years after the product was first sold, regardless of when the injury occurred.
What is the statute of limitations for fraud in Alabama?
In Alabama, the statute of limitations for fraud is 2 years from the date the fraud was discovered, or should have been discovered, under Ala. Code Section 6-2-3. This discovery rule is particularly important in fraud cases because victims may not realize they have been defrauded for months or years after the fraudulent act. However, Alabama courts require plaintiffs to exercise reasonable diligence in discovering the fraud.
What is the statute of limitations for criminal charges in Alabama?
In Alabama, the statute of limitations for criminal charges varies by offense type. Most misdemeanors have a 1-year limit under Ala. Code Section 15-3-2. Most felonies have a 5-year limit under Ala. Code Section 15-3-1. However, certain serious felonies have no statute of limitations, including murder, rape, robbery, arson, burglary, kidnapping, and human trafficking under Ala. Code Section 15-3-5. Sex offenses against victims under 16 also have no time limit.
What happens if the statute of limitations expires?
If the statute of limitations expires, you lose the right to file a lawsuit or pursue criminal charges. In civil cases, the defendant can file a motion to dismiss, and the court must dismiss your case. In criminal cases, the prosecutor cannot file charges after the deadline has passed. There are limited exceptions for tolling (pausing) the statute of limitations, such as for minors, mentally incapacitated persons, or if the defendant has left the state. Always consult with an attorney to determine if the deadline has passed in your specific case.

Statute of Limitations in Other States

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Disclaimer: The information on this page is provided for general informational purposes only and does not constitute legal advice. Statute of limitations laws are subject to change and may be affected by recent legislation, court decisions, or the specific facts of your case. Special rules may apply for claims against government entities, medical malpractice, product liability, cases involving minors, and other specific situations. Always consult with a qualified Alabama attorney for advice on your particular situation. CourtDateCalculator.online is not a law firm and is not engaged in the practice of law.