Parker Waichman Alonso, LLP - www.statutes-of-limitations.com

ALABAMA

Negligence / Personal Injury

2 years with occurrence rule

Wrongful Death

2 years with occurrence rule.
Wrongful Death Act provides only for punitive damages, not for compensatory or actual damages.  No statutory limitation of amount recoverable.

Medical Malpractice

2 years 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.

Malpractice (Other Professions)

2 years

Products Liability

2 years against original seller. Discovery rule applies to exposure to, or ingestion of, harmful substances.

Intentional Torts

2 years

Fraud

2 years from discovery

Municipal Liability/Sovereign Immunity

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.

Discovery Rule

In asbestos exposure cases – cause of action accrues on first date injured party should have had reason to discover the injury. See rule for malpractice cases above. If action is based on fraud of defendant, even if already otherwise barred, two years after discovery of the facts constituting the fraud. Toxic exposure – see products liability above.

Comparative Negligence

No comparative negligence rule so any contributory negligence on the part of the plaintiff will bar a recovery.

Charitable Immunity

Charities are liable for the torts of their servants.

Disabilities

Infants (18th birthday), insane, or incompetent persons have a maximum of 3 years after removal of disability to a maximum of 20 years from accrual of the claim.   If plaintiff has multiple disabilities, the SOL does not run until all disabilities are removed.  Disabilities apply even if a guardian is appointed. SOL does not run during absence or concealment of defendant.

Punitive Damages

Clear and convincing evidence of deliberate or conscious malice.

Caps: 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.

For business with net worth of $2 million or less, no award of punitive damages shall exceed $50,000 or 10% of business’s net worth, whichever is greater. In civil actions for physical injury, no award of punitive damages shall exceed three times compensatory damages or $1.5 million, whichever is greater. Recovery of damages against governmental entity limited to $100,000 for bodily injury or death per person, to $300,000 aggregate on account of bodily injury or death arising out of any single occurrence, and to $100,000 for damage to property arising out of any single occurrence. Punitive damages may not be recovered in libel actions unless publication was made with knowledge of falsity or with reckless disregard as to falsity and written demand for retraction made at least five days before bringing suit and defendant shall have refused to retreat.

Other Relevant Information

2 years for unspecified torts

Consumer Fraud Complaint

Alabama Office of Attorney General, Consumer Protection

http://www.ago.state.al.us/consumer.cfm

(334)242-7334

(800)392-5658 (toll-free in Alabama)