In Alabama, you generally have two years from the date of the accident to file an injury lawsuit. This comes from Alabama Code § 6-2-38. But some claims, like those against a city or a family’s wrongful death claim, follow much shorter or different deadlines.
How Long Do You Have to File a Claim in Alabama?
In Alabama, you have two years from the date of your accident to file an injury lawsuit. This deadline applies to most accident claims, including car accidents and truck accidents.
The two-year countdown begins as soon as the accident occurs. If an injury appears weeks later, your deadline still begins at the crash. Our guide on how long you have to file an Alabama car accident claim explains further.
Why Acting Quickly is Critical When Filing a Claim
Not every claim follows the same two-year rule in Alabama. Some have shorter or different deadlines.
| Type of Claim | Deadline |
|---|---|
| Injury or property damage | 2 years from the accident |
| Wrongful death | 2 years from the date of death |
| Claim against a city | 6 months to file notice |
| Claim against a county | 12 months to file notice |
| Claim against the state | About 1 year, with special rules |
If a city or county vehicle caused your crash, your deadline shrinks fast. You may have just six months to file a formal notice with a city, under Alabama Code § 11-47-23. Miss that short window… And you can lose the right to sue, even though the two-year rule seems to give you more time.
Whether or Not the Deadline Can Be Paused
“Tolling” is pausing certain deadlines for filing claims. But the exceptions are few and far between. Courts may pause the deadline if the injured person was a minor at the time of the accident. The deadline may be paused if the person was mentally incompetent.
However, these pauses are rare, and courts apply them strictly. The safest move is to treat the two-year deadline as firm and act well before it. If you are unsure whether an exception applies to you, an attorney can tell you quickly.
Frequently Asked Questions About Accident Claim Deadlines
How long after an accident do you have to file a claim?
In Alabama, you generally have two years after an accident to file a personal injury claim, under Ala. Code § 6-2-38. This applies to most car, truck, and other accident cases. Different deadlines apply to wrongful death and to claims against a government, so it is best to confirm your exact deadline.
What is the statute of limitations for a car accident in Alabama?
The statute of limitations for a car accident in Alabama is two years. If you miss it, the court will almost always dismiss your case. Claims against a city or county have much shorter notice deadlines.
What happens if I miss the deadline to file?
If you miss the deadline to file, you usually lose the right to sue for good. Courts in Alabama enforce the two-year limit strictly, no matter how serious your injuries are. A late lawsuit is almost always dismissed. A few rare exceptions can pause the clock, so an attorney can check whether any apply to your case.
How long after an accident do you have to file a claim against a city?
How long after an accident you have to file a claim against a city is much shorter than two years. In Alabama, you generally must file a formal notice of claim with a city within six months, and with a county within 12 months. These short deadlines make it important to contact an attorney right away after a crash involving a government vehicle.
Does the deadline change for a wrongful death claim?
Yes. For a wrongful death claim in Alabama, the two-year deadline begins from the date of the person’s death. These two dates can be different. If a government entity is involved, even shorter notice deadlines may apply, so families should seek legal help quickly.
Trust Alexander Shunnarah Trial Attorneys Today
A missed deadline can end even the strongest case before it begins. You shouldn’t lose your rights to the clock. We know every deadline that applies to your claim, and we act fast to protect it. Schedule a free case review today.
Reviewed by Alexander Shunnarah, Attorney and Chief Executive Officer at Alexander Shunnarah Trial Attorneys, on 2026-10-02.
