How Long After an Accident Can You Make a Claim in Alabama?

Time limits on legal claims feel unfair when you are still hurting, but Alabama law is strict about them. Drake Injury Lawyers is ready to act today. Call (205) 970-0800 for a free consultation so you don’t risk losing the compensation you deserve.

Experience wins complex, time-sensitive cases. Whit Drake has fought for Alabama accident victims for more than 25 years, securing millions in verdicts and settlements while never missing a filing date.

Our office at 2 Perimeter Park South #510E is minutes from I-20/59 and Highway 280, and our team serves clients from Downtown Birmingham to Hoover, Vestavia Hills, Trussville, and beyond.

From the moment you hire us, we calculate every applicable deadline, collect the evidence before it disappears, and handle the paperwork so you can focus on healing.

How Many Years After an Accident Can You Still Make a Claim in Alabama?

Two years is the rule. Under Alabama Code § 6-2-38, most personal injury lawsuits must be filed within two years of the date you were hurt.

The statute covers car crashes, truck wrecks, slips and falls, product defects, pedestrian injuries, and nearly every other negligence claim.

Filing “a claim” means starting a civil lawsuit in court. You should notify the insurance carrier immediately, but the two-year window controls your right to sue if negotiations fail.

Miss the deadline and the court will almost always dismiss your case, forever ending your chance at compensation.

What Is a Statute of Limitations and Why Does It Exist?

A statute of limitations is a legal countdown that blocks old cases. Legislators set these limits to keep evidence fresh and prevent defendants from facing stale claims years later.

Memories fade, surveillance footage is erased, and accident scenes change. By requiring lawsuits to start quickly, the law aims to treat both sides fairly while giving victims a reasonable opportunity to act.

Are There Exceptions That Allow You to File Late?

Most Alabamians must follow the two-year clock, but limited exceptions can pause or extend it:

• Minor victims. If the injured person was under 19, the two-year countdown usually starts on their 19th birthday, giving them until age 21.
• Incapacitation. Severe brain injury or coma can toll the statute until capacity returns, but courts interpret this narrowly.
• Discovery rule in medical malpractice. Alabama med-mal claims allow up to six months from the date the injury could reasonably have been discovered, subject to a hard four-year cap.
• Government defendants. Suing a city like Birmingham requires written notice within six months; claims against the State of Alabama require notice within one year. Miss those notice periods and the lawsuit is barred, even if two years have not passed.
• Wrongful death. The two-year limit begins on the date of death, not the accident, if the victim survives for a time before passing.

Exceptions are fact-specific and rarely forgiving. Attorney Whit Drake can examine your timeline and tell you, at no cost, whether an extension applies.

Does the Type of Case Change Your Deadline?

The two-year limit controls most Alabama negligence actions, but knowing the subtle differences matters:

• Car, truck, motorcycle, and bicycle crashes: 2 years from the collision date.
• Slip-and-fall or other premises liability: 2 years from injury.
• Product liability-including faulty brakes or defective e-bikes: 2 years from injury; discovery rule may apply if the defect was hidden.
• Medical malpractice: 2 years from the negligent act; 6-month discovery grace; absolute 4-year outer limit.
• Child injuries at school or daycare (uncommon scenario #1): Tolling until the child turns 19.
• Hit-and-run crashes where the driver is unknown (uncommon #2): Uninsured-motorist insurance claims must be prompt, but the lawsuit against a newly identified defendant can be filed within two years of identification in some circumstances.
• City-bus accidents or other government-vehicle claims (uncommon #3): 6-month notice and 2-year lawsuit deadline.
• Industrial equipment failures causing catastrophic injuries (uncommon #4): Generally 2 years; evidence preservation is critical.
• Dram-shop claims against a bar that overserved a drunk driver (uncommon #5): 2 years from the injury event.

No matter the label on the file, the safest approach is to speak with Birmingham personal-injury attorney Whit Drake as soon as possible.

Why Acting Quickly Protects Your Rights and Your Recovery

Evidence erodes every day. Skid marks fade on I-65, security video is overwritten, and eyewitnesses forget details.

Early legal action preserves photos, black-box data, cell-phone records, and medical charts-proof that can make or break your case.

Insurance policies demand prompt notice, and adjusters often use delays to argue that your injuries were minor or unrelated. Starting now shuts down those arguments.

Building a solid lawsuit can take months. By calling the Birmingham injury attorneys at Drake Injury Lawyers today, you give our team time to negotiate, gather experts, and, if needed, file well before the courthouse doors close.

How Drake Injury Lawyers Ensures Your Claim Is Filed on Time

We assume every case might reach the courtroom. On day one we set hard calendar alerts for the statute of limitations, government notice dates, and insurance deadlines.

Our investigators photograph scenes, download event-data recorder information, and interview witnesses while memories remain sharp.

We handle every call with adjusters, leaving you to focus on medical appointments and

Whether you were hurt yesterday or a year ago, Whit Drake and the Birmingham personal injury attorneys at Drake Injury Lawyers are ready to act swiftly and forcefully on your behalf.

Call (205) 970-0800 or visit us at 2 Perimeter Park South #510E, Birmingham, AL 35243. Consultations are free, and we collect no fee unless we win. Don’t gamble with the clock. Let our team protect your future today.