Alabama Personal Injury Laws

Wrongful death actions must be filed within 2 years of the date of death (not date of injury).

When injury could not reasonably have been discovered, the statute runs from the date of discovery or when facts would reasonably lead to discovery.

Alabama's age of majority is 19 (not 18). The statute is tolled until age 19, giving an injured minor until their 21st birthday to file.

Claims against cities require written notice within 6 months. Claims against counties require notice within 12 months. Government liability is capped at $100,000 per person / $300,000 per occurrence. The State of Alabama has absolute sovereign immunity under Article I, Section 14 of the Alabama Constitution.

Alabama has no caps on compensatory damages (economic or non-economic) in general personal injury cases.

Punitive damages for physical injury are capped at the greater of 3 times compensatory damages or $1,500,000. For non-physical injury: greater of 3x compensatory or $500,000. Small businesses (net worth ≤ $2M): $50,000 or 10% of net worth. Caps do NOT apply to wrongful death or when defendant committed knowing fraud.

Alabama is the ONLY state where wrongful death damages are exclusively punitive — not compensatory. The purpose is to punish the defendant, not compensate the family. No cap applies. The jury determines the amount based on the severity of the defendant's conduct.

Alabama retains joint and several liability — any tortfeasor whose negligence contributed to the injury may be held liable for the entire loss. Alabama has no right of contribution among negligent joint tortfeasors.

Alabama is the only state that limits wrongful death recovery to punitive damages. Families cannot recover compensatory damages (lost income, medical expenses, funeral costs) — only punishment-based damages determined by the severity of the defendant's conduct.