Alabama at a glance
Alabama generally allows two years to sue for injury to the person and two years from death for wrongful death.[1] Tort claims against a city must be presented within six months.[2] Alabama still follows contributory negligence.[3] Drivers must carry at least $25,000/$50,000 in bodily injury liability coverage.[4]
Filing deadlines
Injury to the person: Ala. Code § 6-2-38(l)
All actions for any injury to the person or rights of another not arising from contract and not specifically enumerated in this section must be brought within two years.
Source: [1]
Wrongful death: Ala. Code § 6-2-38(a)
An action by a representative to recover damages for wrongful act, omission, or negligence causing the death of the decedent under Sections 6-5-391 and 6-5-410 must be commenced within two years from the death.
Source: [1]
In plain English, most injury lawsuits and wrongful death lawsuits in Alabama must be filed within two years.[1]
Claims against cities: Ala. Code § 11-47-23
Claims for damages growing out of torts shall be presented within six months from the accrual thereof or shall be barred.
Source: [2]
Shared fault
Golden v. McCurry (Ala. 1980)
we hold that, even though this Court has the inherent power to change the common law rule of contributory negligence, it should, as a matter of policy, leave any change of the doctrine of contributory negligence to the legislature.
Source: [3]
Under contributory negligence, an injured person whose own negligence helped cause the accident can be barred from recovering at all. Only a few jurisdictions still follow this rule.[5]
Damage caps
Alabama limits punitive damages. Section 6-11-21(a) provides that “no award of punitive damages shall exceed three times the compensatory damages of the party claiming punitive damages or five hundred thousand dollars ($500,000), whichever is greater.”[6]
Auto insurance requirements
The Alabama Department of Revenue explains that a policy “must provide a minimum of $25,000 for bodily injury/death liability for one person in an accident, $50,000 for all injuries/deaths in an accident, and $25,000 for property damage in an accident in accordance with Section 32-7-6.”[4] Alabama is not one of the no-fault states.[7]
What this page does not cover
This page covers the main deadlines, fault rule, damage limits and auto insurance requirements. Statutes also contain exceptions, such as rules for minors, people who are incapacitated and claims discovered later, and special rules apply to medical malpractice and workers’ compensation. Always read the full statute at the official source linked below.
Frequently asked questions
How long do I have to file a head injury lawsuit in Alabama?
In plain English, most injury lawsuits and wrongful death lawsuits in Alabama must be filed within two years.[1]
This page provides general information about the law from the sources listed below. It is not legal advice, and reading it does not create an attorney-client relationship. Laws vary by state and change over time. See our legal disclaimer.
Sources
- Ala. Code § 6-2-38. Justia. https://law.justia.com/codes/alabama/title-6/chapter-2/article-2/section-6-2-38/
- Ala. Code § 11-47-23. Justia. https://law.justia.com/codes/alabama/title-11/title-2/chapter-47/article-1/section-11-47-23/
- Golden v. McCurry, 392 So. 2d 815 (Ala. 1980). Justia. https://law.justia.com/cases/alabama/supreme-court/1980/392-so-2d-815-1.html
- Alabama Department of Revenue. “Mandatory Liability Insurance.” https://www.revenue.alabama.gov/tax-types/mandatory-liability-insurance/
- Legal Information Institute, Wex. “Contributory negligence.” https://www.law.cornell.edu/wex/contributory_negligence
- Ala. Code § 6-11-21(a), as quoted in a U.S. District Court (N.D. Ala.) opinion. GovInfo. https://www.govinfo.gov/content/pkg/USCOURTS-alnd-7_07-cv-01806/pdf/USCOURTS-alnd-7_07-cv-01806-0.pdf
- Insurance Information Institute. “Background on: No-fault auto insurance.” https://www.iii.org/article/background-on-no-fault-auto-insurance
Sources last checked: October 11, 2026
