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. Ala. Code § 6-2-38
The time between the death of a person and the grant of letters testamentary or of administration, not exceeding six months, is not to be taken as any part of the time limited for the commencement of actions by or against his executors or administrators. Ala. Code § 6-2-14
with Discovery Rule (if discovered after 2 years, then 6 months from discovery). SOR: 4 years after date of injury. Tolls: Children under 4 have until 8th birthday to file claim with a maximum of 4 years.
Construction: 7 Years from substantial completion to improvement to real property against any person performing or furnishing the design, planning, supervision or observation of the construction. Ala. Stat. § 6-5-221(2011).
Exception: Where architect, engineer, or builder had knowledge that a defect or deficiency existed and failed to disclose the defect. Ala. Code § 6-5-221(a).
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. Ala. Code § 6-2-38 (l We hold that Ala.Code 1975, § 6-2-38(l ), the catch-all provision, imposing a two-year limitations period on actions seeking damages for personal injury, is applicable in [product liability actions]. Etheredge v. Genie Indus., Inc., 632 So. 2d 1324, 1327 (Ala. 1994)
A cause of action accrues only when there is a manifest, present injury. Griffin v. Unocal Corp., 990 So.2d 291, 293 (Ala. 2008) citing Cline v. Ashland, Inc., 970 So.2d 755, 761 (Ala. 2007).
Limited - Sovereign immunity has not been waived but a Board of Adjustments determines claims against the state and all of its subdivisions.
Recovery of damages against government limited to $100,000 for injury or death to an individual and $300,000 aggregate per occurrence.
Clear and convincing evidence of deliberate or conscious malice.
The greater of three times compensatory damages or $500,000 in civil actions. (Does not apply to Wrongful Death, intentional torts, or class actions). Personal injury cases, however, are capped at three times compensatory damages or $1,500,000, whichever is greater.
Alabama Office of Attorney General, Consumer Protection:
Office Main Number:
Consumer Protection Section:
(800) 392-5658 (toll-free in Alabama)
59 Maiden Lane, 6th Floor
New York, NY 10038
6 Harbor Park Drive
Port Washington, NY 11050
80 Main Street Suite 265
West Orange, NJ 07052
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