Wrongful Death:
Statute of Limitations:
Two Years. Ala. Code § 6-2-38; § 6-5-410 Plus up to a maximum of six additional months to appoint an administrator of the estate. Ala. Code § 6-2-14.
Does discovery rule apply?The discovery rule only applies in fraud actions. Henson v. Celtic Life Ins. Co., 621 So.2d 1268, (Ala. 1993)
Who has the right to bring suit?Personal representative; where death of minor child, parent must bring suit within six months after death; if not brought within six months, suit brought by personal representative. § 6-5-410
Personal Injury:
Statute of Limitations:
Two Years. Ala. Code § 6-2-38.
Does discovery rule apply?The discovery only applies in fraud actions. Henson v. Celtic Life Ins. Co., 621 So.2d 1268, (Ala. 1993)
Other:Actions accrue for exposure to asbestos “on the first date the injured party, through reasonable diligence, should have reason to discover the injury” was caused by asbestos. Ala. Code § 6-2-30.