Alabama

Find an Attorney in Alabama

Alabama is one of only four U.S. jurisdictions still applying pure contributory negligence — any plaintiff fault is a complete bar to recovery. Add the AMLA "similarly situated" expert rule and one of the country’s shorter civil discovery windows, and case selection matters more here than almost anywhere.

Practice areas in Alabama

Common questions about Alabama attorneys

Alabama is one of only four U.S. jurisdictions (with D.C., Maryland, and North Carolina) still using pure contributory negligence. The Alabama Supreme Court has repeatedly declined to abandon the rule, holding the choice belongs to the legislature. Even 1% plaintiff fault bars recovery entirely. "Subsequent negligence" or "last clear chance" are limited workarounds — they require the defendant to have had a clear opportunity to avoid the accident after plaintiff’s negligence.
Two years from the date of injury under Ala. Code § 6-2-38 for most negligence claims. Wrongful death has the same 2-year SOL under § 6-5-410. Claims against government entities have shorter notice requirements under the State Tort Liability Act. Medical malpractice has a 2-year SOL with a 4-year statute of repose under § 6-5-482, with limited tolling for minors.
Under Ala. Code § 6-5-548, your medical-malpractice expert must be a health-care provider who, in the year preceding the alleged malpractice, was certified or trained in the same specialty as the defendant and practiced in that specialty. If the defendant is board-certified, your expert generally must be too. This is one of the strictest expert qualification rules in the country and frequently knocks out claims at summary judgment.
The original AMLA non-economic cap was struck down in Moore v. Mobile Infirmary (1991) under the right-to-jury-trial provision of the Alabama Constitution. There’s currently no general statutory cap on compensatory damages in private-party med-mal claims. Punitive damages are subject to the statutory cap of the greater of $1.5M or 3x compensatory damages under § 6-11-21. Claims against state-affiliated providers face sovereign-immunity limits.
Alabama workers’ comp under Ala. Code § 25-5 runs through the Department of Labor. You file a claim with your employer, and disputed claims go to circuit court (not an administrative agency). Income benefits are 66 2/3% of average weekly wage up to a state-set maximum, with permanent partial benefits tied to the disability schedule. Medical treatment is employer-directed under the panel-of-four rule.

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DearLegal is a legal referral service, not a law firm. We connect individuals with licensed attorneys who can evaluate their case. Nothing on this page constitutes legal advice. Results vary based on individual circumstances.