SOL for Medical Malpractice Claims (Minor Plaintiffs): 8 years
SOL for Medical Malpractice Claims (Parental Claims): 2 years
SOL for Wrongful Death Claims: 2 years
Alabama Statute of Limitations for Medical Malpractice Claims (Minor Plaintiffs)
8 years: Ala. Code § 6.5.482: Must file prior to 8th birthday for minors when injury occurred when minor was less than four years old.
Alabama Statute of Limitations for Medical Malpractice Claims (Parental Claims)
2 years: Ala. Code § 6.5.482: 2 years after negligence or six months after date of discovery, but never more than four years.
Alabama Medical Malpractice Claim Caps
Not applicable for the state of Alabama.
Alabama Statute of Limitations for Wrongful Death Claims
2 years: Ala. Code § 6-5-410(d): The action must be commenced within two years from and after the death of the testator or intestate.
Alabama Wrongful Death Claim Caps
Wrongful death statute allows the recovery of punitive damages only. Merrell v. Alabama Power Co., 382 So. 2d 494 (1980 Ala.).
The information presented on this website is not intended to be legal advice and does not constitute legal advice. The information presented on this site may not reflect the most current version of the law. Grant & Eisenhofer P.A is not responsible for any errors or omissions in the content of this site or for damages arising from the use or performance of this site under any circumstances. Each situation varies. Please contact an attorney if you believe you have a legal claim.
Discuss Your Potential Birth Injury Claim With Our Attorneys
If you or your child has suffered a birth injury due to medical malpractice or negligence, speak with our birth injury lawyers. We can answer your questions about the statute of limitations for birth injuries in your state.