In Alabama, you have two years from the date of your injury to file a personal injury lawsuit. That’s the default deadline under Ala. Code § 6-2-38. Miss that window, even by a day, and your case could be dismissed before it ever sees a courtroom. There are a few narrow exceptions, but most people only get one shot at doing this right.
If you’re unsure when your clock started ticking, or if it’s still ticking at all, you’re not alone.
Many injury victims assume that things like insurance claims, delayed symptoms, or settlement talks pause the statute. They don’t. Waiting too long can cost you everything, and once that window closes, not even the best lawyer can reopen it.
That’s exactly where Applebaum Accident Group steps in. We’re not a law firm. We’re your connector, to skilled attorneys who actually want your case, and medical professionals who understand trauma care and documentation.
We know the deadlines, we know the red tape, and we’ll match you with someone who’s ready to fight for you, before the clock runs out.
Not ready to get help just yet? That’s okay. Keep reading and you’ll learn:
- When your filing deadline actually begins
- What exceptions might apply to your situation
- Common myths and costly mistakes
- What to do if you’re running out of time
Let’s break it all down.
Alabama’s Statute of Limitations for Personal Injury
In plain terms, you have two years to file a personal injury lawsuit in Alabama. This time limit is set by Alabama Code § 6-2-38. The clock starts ticking the moment you’re injured. If you miss that two-year deadline, the court can, and usually will, refuse to hear your case.
This statute applies across most types of personal injury, including:
- Car accidents
- Slip and fall incidents
- Dog bites
- Bicycle or pedestrian injuries
- Wrongful death (measured from the date of death)
When the Clock Starts Ticking
The countdown starts the day the injury happens. In most cases, that means the date of the accident or event. But sometimes, people aren’t sure when the “injury date” actually is, especially if they didn’t feel hurt right away.
Here’s what may start the two-year clock:
- The accident date (most common)
- The first hospital or ER visit following the incident
- The date you were diagnosed with an injury that stemmed from the event
This creates a lot of confusion. Some people think the clock starts when they file a claim with insurance. Others assume it begins when they receive a formal diagnosis or complete a medical scan weeks later. Unfortunately, the law starts from the earliest date you should have known you were injured.
5 Situations That Can Extend Your Deadline
In some circumstances, Alabama law allows the statute of limitations to “pause” or toll. These are rare exceptions.
- Discovery Rule: If your injury wasn’t obvious at the time, like internal damage that showed up later, you may have two years from the date you reasonably discovered it.
- Minors: If the injured person is under 19, the clock doesn’t start until their 19th birthday. A child injured at age 14 would have until they turn 21.
- Mental Incapacity: If a person is mentally incapacitated when the injury occurs, the statute pauses until they regain legal competency.
- Defendant Leaves the State: If the person who caused the injury leaves Alabama after the incident, the countdown may pause until they return.
- Medical Malpractice: You generally have 2 years to file, but if the harm wasn’t discovered right away, you may get an extra 6 months. Regardless, you must file within 4 years no matter what.
Common Myths That Can Cost You Your Case
Many people lose their right to sue because they believed something that simply wasn’t true:
- “Filing an insurance claim pauses the statute.” It doesn’t. Only filing a lawsuit in court does that.
- “We agreed to settle, so I’m covered.” A verbal agreement, or even email discussions, mean nothing if the paperwork isn’t filed before the deadline.
- “My lawyer is on it.” Unfortunately, not always. Some clients found out after the statute expired that their attorney never filed. That’s why it’s smart to always ask for confirmation in writing.
5 Real-Life Situations That Could Trip You Up
- You waited for a settlement that never came. Insurance companies may keep stringing you along, hoping the clock runs out. One client said, “They kept asking for one more form every month. Then two years were up, and they ghosted me.”
- Your lawyer sat on your case too long. “I assumed my lawyer filed everything. Turns out, they didn’t, and now it’s too late.” If that’s your situation, you need immediate legal help. Not all lawyers are proactive, especially at high-volume firms.
- Your child was hurt, but you didn’t know you could wait. Parents often file right away, thinking the deadline is two years from the accident. But if your child is under 19, the statute pauses. Still, waiting too long can make evidence disappear, so speak to someone sooner rather than later.
- You thought texting your intent to sue was enough. It’s not. No judge will accept a text or voicemail as a legal filing. If you want your case heard, you need a formal court document on record.
- You thought “minor pain” didn’t count. Then it got worse. One man ignored shoulder pain from a crash, until it became a torn rotator cuff months later. The problem? His clock had already been ticking for half a year.
What to Do If You’re Running Out of Time
Time matters. If your accident was over a year ago, don’t guess, take action now:
- Confirm the date your accident or injury occurred. Not the hospital visit, not the insurance call, the actual incident.
- Check for exceptions. Were you underage? Mentally incapacitated? Was the injury hidden or misdiagnosed?
- Contact a qualified lawyer today. Not tomorrow. Today. And ask them specifically: Have you filed my case yet?
- Get written confirmation that your claim has been filed in court, not just with insurance. If you’re not sure, assume it hasn’t been.
Delaying even one more week could mean walking away with nothing. Once your deadline passes, no one, not even the best legal mind, can bring your claim back to life.
Why Acting Early Boosts Your Case
There’s more at stake than just filing on time. Acting early also:
- Preserves physical evidence before it disappears
- Locks in witness statements while memories are fresh
- Puts pressure on insurers, giving you better negotiation power
- Prevents last-minute filing mistakes, which, yes, happen more than you’d think
Some clients tell us, “I thought we had more time.” The truth is, insurers count on that. They may stall, ask for endless paperwork, or “review your file” until the two-year mark comes and goes.
At Applebaum Accident Group, we make sure you never miss a critical deadline. We’ll connect you with attorneys who move fast, file smart, and treat your case like it matters, because it does.
When the Clock Doesn’t Stop, Even If You’re Waiting
Deadlines in personal injury law are unforgiving. Once your statute of limitations expires, there are very few exceptions, and most people won’t qualify for them.
- Hospital backlogs or misdiagnosis? Rarely accepted as valid extensions.
- Insurers dragging their feet? That doesn’t toll the statute either.
No matter how reasonable your excuse may feel, Alabama courts prioritize the calendar, not complications. If you’re waiting on a call back, another MRI, or a “better time,” you may be waiting your rights away.
Your Clock Is Ticking, Don’t Wait
If there’s one takeaway from this entire guide, it’s this: you typically have just two years to file your personal injury claim in Alabama. And unless your case involves something truly rare, like delayed discovery or legal disability, you won’t get more time.
Now is the moment to act.
Don’t Risk Losing Everything, We’ll Help You Get It Right
Most personal injury cases don’t fall apart because they’re weak. They fall apart because they’re late.
At Applebaum Accident Group, we work with accident victims every day who were injured, overwhelmed, and unsure what to do next. That’s why we offer:
- Immediate access to lawyers who specialize in Alabama injury law
- Connections to medical experts who can document your injuries properly
- Deadline awareness and proactive follow-through, so your case never falls through the cracks
Reach out to Applebaum Accident Group now, because your recovery deserves urgency, clarity, and people who actually care.
📞 855-225-5728 | Request An Appointment
You don’t need to navigate this alone. You don’t need to lose sleep over paperwork or second-guess your timeline.
