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Alabama Civil Statute of Limitations Laws

By Samuel Strom, J.D. | Legally reviewed by FindLaw Staff | Last reviewed December 17, 2024

This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw’s team of legal writers and attorneys and in accordance with our editorial standards.

The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area.

Maybe your back is still sore from when you got rear-ended on I-65 a year ago. Or maybe you just discovered that the repair shop didn't replace your bumper correctly. Could you have a legal case for damages against the other driver? What about against the auto shop?

As it turns out, even if you have a valid case, you have to file it within a certain period of time after the claim accrues. Each claim has a specific time for the plaintiff to file their case. This is the statute of limitations.

This article offers information about civil statute of limitations laws in Alabama. It begins with a summary of statutes of limitations. It then has a chart highlighting Alabama's statutes of limitations on various types of actions. The article concludes with a list of related resources.

Civil Statutes of Limitation: General Information

All states have statutes of limitations that set a time limit for filing civil lawsuits. Failing to file a lawsuit within that time limit will bar a person from filing their cause of action. In other words, the statute of limitations sets a hard deadline. If you miss it, the court can no longer hear the claim.

The statute of limitations begins "running" when a claim accrues. The general rule is that a claim accrues when the legal claims arises. The U.S. Supreme Court ruled that this typically happens once "the plaintiff has a complete and present cause of action." Usually, the clock starts at one of the following times:

  • The date of the injury
  • The date the plaintiff discovered the injury
  • The date when the plaintiff should have reasonably discovered the injury

For example, suppose you get into a car accident, and you sustain a personal injury. In that case, the statute of limitations to file a personal injury lawsuit begins running on the date of the accident (i.e., the date of injury).

As another example, suppose you hired a carpenter to work on your house. A year after the carpenter completed the work, you realize they defrauded you somehow. In that case, the claim likely accrued when you discovered they committed fraud. But if you could have found the fraud earlier with reasonable efforts, the claim would have accrued at that time.

In some situations, circumstances may "toll" or delay the statute of limitations from running. For example, if a minor sustains an injury, the law may toll it until they turn 18. State law determines the situations that toll the statute of limitations.

Why Do Statutes of Limitations Exist?

They exist to create as much fairness and practicability as possible in filing lawsuits. State legislatures create statute of limitations laws.

The statute of limitations protects potential defendants from having a legal issue hanging over their heads indefinitely. It also encourages plaintiffs to file their lawsuits within a certain time frame, which helps promote judicial efficiency.

The statute of limitations also encourages plaintiffs to file their lawsuits while the evidence is "fresh." This ensures the parties can gather evidence and witnesses have a fresh memory of the events. Doing so ensures that the parties get a fair trial.

Critics of statutes of limitations argue that the laws unfairly protect alleged wrongdoers from facing the consequences of their actions. The statute of limitations is "blind"— once it passes, it prevents courts from hearing a case regardless of its merit. Someone with a valid claim may inadvertently miss the deadline to file their case and be forever barred from filing it.

Statutes of limitations for legal issues vary by state. State legislatures consider many factors when deciding the statute of limitations for a specific cause of action. Ultimately, the applicable statute of limitations for a specific cause of action reflects a policy decision on the legal issue.

Alabama Statute of Limitations Laws

The statute of limitations laws in the Yellowhammer State range from six months to 20 years, depending on the type of case. The table below highlights civil statutes of limitations in the state of Alabama.

Code provisions

Alabama Code (§ 6-2-1 et seq.)

Assault and battery (tort)

Six years (§ 6-2-34(1))

Collection of debt on account

Stated/liquidated account: six years (§ 6-2-34(5))

Open/unliquidated account: three years (§ 6-2-37(1))

Contracts

Written contracts: 10 years (§ 6-2-33(1))

Oral contracts: six years (§ 6-2-34(4))

Other contracts: six years (§ 6-2-34(9))

False imprisonment

Six years (§ 6-2-34(1))

Fraud

Two-year statute of limitations from the accrual of action (discovery) (§ 6-2-3)

Judgments

20 years (§ 6-2-32)

Libel or slander

Two years (§ 6-2-38(k))

Medical malpractice

In general: two years (§ 6-5-482(a))

If the plaintiff could not reasonably discover it within two years: six months after discovery (§ 6-5-482(a))

After four years, all legal actions are barred (§ 6-5-482(a))

Personal injury

Two years (§ 6-2-38(l))

Recovery of land or tenancy

10 years (§ 6-2-33(2))

Recovery of wages

Two years (§ 6-2-38(m))

Trespass

Six years (§ 6-2-34(2))

Wrongful death

Two years (§ 6-2-38(a))

Note: State laws are subject to change through new legislation, court opinions, and other means. Contact an Alabama civil litigation attorney or conduct your own research to verify the law(s) you are researching.

Related Resources

Browse the following links for more information about Alabama's civil statute of limitations laws and other areas of law:

For information about other states' civil statute of limitations laws, visit FindLaw's State Civil Statute of Limitations Laws page.

Don't Miss Important Filing Deadlines: Contact an Attorney Today

The statute of limitations can bar a good case from court if you file it past the deadline. If you have a potential legal claim, contact an attorney for legal advice and help filing your claim. If nothing else, they can tell you the statute of limitations and the time you have to file it. Depending on the type of claim you have, contact the following attorneys:

Criminal cases also have statutes of limitations. If you are the victim of a crime, contact local law enforcement. You can also contact an attorney who can provide more information about criminal law and criminal charges under Alabama law. An experienced attorney can provide more information about the following:

For more information about criminal law, felonies, misdemeanors, and more, visit FindLaw's Alabama Criminal Statutes of Limitations article.

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