Alabama Injury Claim Rules

Rules cited to Alabama’s statutes and case lawRules checked How we calculate

Fault ruleContributory negligenceAlmost any fault on your side can bar recovery completely.Williams v. Delta Int’l Mach. Corp., 619 So. 2d 1330 (Ala. 1993)
Filing deadline2 yearsFrom the date of the injury.Ala. Code § 6-2-38
Minimum insurance25/50/25Per person, per crash, property. Alabama is an at-fault state.
Damage capsNone on injury damagesPunitive and malpractice damages can be capped separately.

Calculators with these rules built in

This page collects the rules that decide what an injury claim is worth in Alabama: who can recover when both sides share the blame, how long you have to sue, what insurance drivers must carry and whether the state caps damages. Every rule links to the statute or court decision behind it, and every calculator on this site uses these same values.

Alabama’s contributory negligence rule is the one to know first: it can bar a claim for even a small share of fault, which changes how every claim there is negotiated.

Alabama injury claim rules

Fault. Alabama is one of only five places that still use contributory negligence. If you are found even slightly at fault, a court can bar your claim entirely. That makes proof of the other side’s fault, such as a police report, photos and witness statements, especially important. Narrow exceptions, such as the other driver’s wanton conduct or the last clear chance doctrine, can still allow recovery.

Filing deadlines. You have two years from the injury to file a personal injury lawsuit. Families have two years for a wrongful death claim, usually counted from the date of death. Claims against a government agency need written notice much sooner.

Car insurance. Alabama is an at-fault state, so the at-fault driver’s liability insurance pays your claim. Drivers must carry at least $25,000 per injured person, $50,000 per crash and $25,000 for property damage, written 25/50/25.

Damage caps. No cap on injury damages. Medical malpractice and punitive damages can have separate limits.

Dog bites. Owners are strictly liable for bites on their own property and for bites elsewhere if they knew the dog was dangerous.

Alabama injury claim questions

Can I still get a settlement in Alabama if I was partly at fault?

Usually not. Alabama uses contributory negligence, which can bar your claim if you were even slightly at fault. Narrow exceptions exist, so talk to a lawyer before giving up.

How long do I have to file a personal injury lawsuit in Alabama?

two years from the injury in most cases.

Who pays a personal injury settlement?

Usually the at-fault party’s insurer: auto, homeowner’s or business liability coverage. The policy limit often sets the practical ceiling.

Does Alabama cap pain and suffering damages?

Not in most injury cases. No cap on injury damages. Medical malpractice and punitive damages can have separate limits.