Two years to file, from the date of injury
Ala. Code § 6-2-38
Pure contributory negligence
Alabama's fault rule
Contingency Representation
On qualifying matters
Brain Injury Cases in Alabama
Traumatic brain injuries range from concussions with lasting effects to severe TBIs that permanently alter personality, cognition, and the ability to work and live independently. Because TBI symptoms can take time to manifest and are often invisible to the outside world, insurance companies routinely minimize these claims. Our attorneys work with neurologists, neuropsychologists, and life care planners to document the full scope of your injury and pursue compensation that reflects its lifelong impact.
Both of our attorneys are licensed in Alabama. The firm handles brain injury cases for clients across the state, in Birmingham, Hoover, Huntsville, Montgomery, Tuscaloosa, and Mobile, and everywhere in between. Contingency fees are available on qualifying matters, and the rules below are the ones that will shape your Alabama claim from the first phone call.
The Alabama Filing Deadline
Most Alabama personal injury lawsuits must be filed within two years of the date of injury under Ala. Code § 6-2-38. Alabama recognizes very few exceptions, and courts apply the deadline strictly. Waiting almost always hurts the claim and can bar it entirely.
Fault in Alabama: Pure contributory negligence
Alabama is one of only a handful of American jurisdictions that still applies pure contributory negligence. If the defense persuades a jury that you bear any share of the fault, even one percent, your recovery can be completely barred. Insurance adjusters in Alabama build their files around this rule from day one, which is why you should never give a recorded statement or accept blame in any form before speaking with an Alabama-licensed attorney.
Wrongful Death Claims in Alabama
Alabama's wrongful death statute, Ala. Code § 6-5-410, is unlike any other state's: the only damages recoverable are punitive damages, measured by the wrongfulness of the defendant's conduct rather than the family's economic loss. The claim must be brought by the decedent's personal representative within two years. Presenting these cases well requires attorneys who know how Alabama juries are asked to value conduct, not loss.
Claims Against Alabama Government Entities
Claims against Alabama cities carry notice deadlines measured in months, not years: a sworn claim generally must be presented to a municipality within six months of the injury under Ala. Code §§ 11-47-23 and 11-47-192. Claims involving counties and state agencies have their own presentment rules and immunity defenses. If a government vehicle, road defect, or public facility is involved, treat the deadline as immediate.
Alabama Brain Injury Cases FAQ
How long do I have to file a brain injury claim in Alabama?
Most Alabama personal injury lawsuits must be filed within two years of the date of injury under Ala. Code § 6-2-38. Alabama recognizes very few exceptions, and courts apply the deadline strictly. Waiting almost always hurts the claim and can bar it entirely. Claims against Alabama government entities follow their own strict rules, described below, so it is worth getting advice early.
What happens if I was partly at fault for my brain injury in Alabama?
Alabama is one of only a handful of American jurisdictions that still applies pure contributory negligence. If the defense persuades a jury that you bear any share of the fault, even one percent, your recovery can be completely barred. Insurance adjusters in Alabama build their files around this rule from day one, which is why you should never give a recorded statement or accept blame in any form before speaking with an Alabama-licensed attorney.
What does it cost to hire a brain injury lawyer for a Alabama case?
The consultation is free. Contingency fees are available on qualifying matters. On a contingency case, the attorney fee is a percentage of any recovery, and there is no attorney fee if there is no recovery. We advance case expenses, and the written fee agreement sets out how they are handled before we begin.
Can a Hoover, Alabama firm handle my Alabama case?
Yes. Between them, our attorneys are licensed in Alabama, Georgia, and South Carolina, and we represent Alabama clients by phone, video, and in person. What changes across a state line is not our involvement in the case but which rules apply, and we practice under Alabama's.
Hurt in Another State?
The same firm, under the rules of the state where you were hurt.