ALABAMA

Negligence / Personal Injury
2 Years 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)
Wrongful Death
2 Years

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

Toxic Tort
1 Year Where the personal injury (i) either is latent or by its nature is not discoverable in the exercise of reasonable diligence at the time of its occurrence, and (ii) is the result of ingestion of or exposure to some toxic or harmful or injury-producing substance, element or particle then the product liability action claiming damages for such personal injury must be commenced within one year from the date such personal injury or property damage is or in the exercise of reasonable diligence should have been discovered by the plaintiff or the plaintiff's decedent, and in such cases each of the elements of the product liability action shall be deemed to accrue at the time the personal injury is or in the exercise of reasonable diligence should have been discovered by the plaintiff or the plaintiff's decedent. Ala. Code § 6-5-502(b)
Personal Injury
2 Years 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)
Medical Malpractice
2 Years All actions against health care providers must be commenced within two years after the act or omission giving rise to the claim; provided, that if the cause of action is not discovered and could not reasonably have been discovered within the two year period, then the action may be commenced within six months from the date of such discovery or the date of discovery of facts which would reasonably lead to such discovery, whichever is earlier.Ala. Code § 6-5-482(a)
Malpractice (Other Professions)
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.

Products Liability
2 Years

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)

Discovery:

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).

Intentional Torts
2 Years
Fraud
2 Years In actions seeking relief on the ground of fraud where the statute has created a bar, the claim must not be considered as having accrued until the discovery by the aggrieved party of the fact constituting the fraud, after which he must have two years within which to prosecute his action. Ala. Code § 6-2-3
The fraud statute would toll the running of the statute of limitations until a plaintiff discovered, or in the exercise of reasoanble care, should have discovered the facts constituting the fraud. Brooks v. Franklin Primary Health Center, Inc., 53 So.3d. 932, 937-938 (Court of Civil Appeals 2010).
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.
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.

No-Fault Insurance
None
Other Relevant Information
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)

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