Key Takeaways

  • Written Contracts: 6 years (Ala. Code § 6-2-34).
  • Oral Contracts: 6 years (Ala. Code § 6-2-34).
  • Personal Injury: 2 years (Ala. Code § 6-2-38(l)).
  • Property Damage: 6 years (Ala. Code § 6-2-34).

Alabama Statute of Limitations by Claim Type

Claim Type Time Limit Statute Notes
Written Contracts 6 years Ala. Code § 6-2-34 Accrues on the date of breach.
Oral Contracts 6 years Ala. Code § 6-2-34 Same period as written contracts.
Personal Injury 2 years Ala. Code § 6-2-38(l) Accrues on the date of injury.
Property Damage 6 years Ala. Code § 6-2-34 Accrues when damage occurs.
Medical Malpractice 2 years Ala. Code § 6-5-482 2 years from the act or omission, or from discovery with a 4-year statute of repose.
Debt Collection 6 years Ala. Code § 6-2-34 6 years for written obligations; oral debts also 6 years.
Fraud 2 years Ala. Code § 6-2-38(l) 2 years from discovery of the fraud.

General Notes for Alabama

Alabama provides a relatively long 6-year period for contract and property claims. The discovery rule applies to fraud and medical malpractice claims. Tolling is available for minors and persons of unsound mind.

Related Resources

Frequently Asked Questions

  • What is the statute of limitations for debt in Alabama?

    Alabama allows 6 years for creditors to sue on both written and oral debts, measured from the date of breach or last payment.

  • Does Alabama apply the discovery rule?

    Yes, Alabama applies the discovery rule for fraud and certain medical malpractice claims, meaning the clock starts when the plaintiff discovers or reasonably should have discovered the harm.

  • Can the statute of limitations be tolled in Alabama?

    Yes. Alabama tolls the statute of limitations for minors (under 19 in Alabama) and for persons of unsound mind until the disability is removed.

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