Accidents & Injuries in Alabama

Alabama Code Section 6-2-38 generally provides a two-year statute of limitations for personal injury claims. However, if your claim involves a governmental entity (such as a city, county, or state agency), you may be required to file a notice of claim within as little as six months under Alabama Code Section 11-47-23. Missing either deadline could permanently bar your claim.

Alabama applies the strict contributory negligence doctrine. Under this rule, if you are found to be even 1% at fault for an accident, you may be completely barred from recovering any compensation from the other party. This is one of the most plaintiff-restrictive fault systems in the country, making it especially important to consult a lawyer before making any admissions about the accident.

Alabama does not impose statutory caps on compensatory damages (medical bills, lost wages, pain and suffering) in most personal injury cases. However, punitive damages are subject to review by the Alabama Supreme Court. If your claim involves a governmental entity, recovery may be limited under the Alabama Constitution and applicable immunity statutes.

No. Alabama is a traditional tort (at-fault) state. After an accident, the at-fault driver and their insurer are responsible for compensating injured parties. There is no requirement for personal injury protection (PIP) coverage in Alabama, meaning you typically cannot recover from your own insurer first before pursuing the at-fault party.