The Early Deadlines That Can Kill Your Case Against Alabama Cities, Towns, & Counties

Search "statute of limitations in Alabama" and the answer comes back in seconds. Personal injury: two years. Breach of contract: six years. Property damage: two years. Most people close the tab and see if things resolve in time before calling a lawyer. After all, they think they have years to decide whether to take action.

The problem? Against a city, a town, or a county, a much shorter deadline comes first.

Cities & Towns Have The Shortest Deadline.

Under Code of Alabama §§ 11-47-23 & 11-47-192, “tort claims,” such as claims for injury or property damage, against an Alabama city or town must be presented within six months of when the claim accrued by filing a sworn statement with the city or town clerk describing how the injury or damage happened, the day and time, the place, and the damages claimed.

If you miss that six-month window, or if your sworn statement falls short of these requirements, your claim is lost forever.

Counties Are Different. So Is Everything Else.

Under Code of Alabama § 11-12-8, claims against an Alabama county must be presented within twelve months after the time they accrue. Miss that deadline, and the merits of your case never get heard.

An added layer of confusion among these types of claims is that much of what looks like the county may not actually be the county. Sheriff’s departments, county boards of education, water works boards, housing authorities, health care authorities, and other entities that may be associated with a county are oftentimes separate public corporations, each chartered on its own terms with separate deadlines and requirements.

Which entity you’re actually dealing with decides what you file, where you file it, and how long you have. A flawless notice delivered to the wrong clerk protects nothing.

Double Deadlines: The Notice Is Not the Lawsuit

Filing your notice of claim to a county or presenting your claim to a city or town clerk does not buy you more time to sue. These requirements are not substitutes for an applicable statute of limitations. Instead, they act as an extra hurdle on the front end of your case.

If you want to pursue your claim, you have to abide by any city, town, or county deadlines, and then ensure you survive the applicable statute of limitations.

If Something Happened, Call Now

When your claim is against a city, town, or county, time matters even more than it normally does. Immediately preserve what you have, call an attorney, and make sure your claim gets filed correctly and on time.

We frequently handle claims against Alabama cities, towns, and counties. If your incident involved one or more of these entities, call us today at (205) 202-0464 for a free consultation.

This article is general information about Alabama law, not legal advice. Deadlines vary with different facts and entities.

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