Injury Claims Against the State, a City, or a County in Alabama

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    Alabama Gives You Six Months Against a City and One Year Against the State

    If a government vehicle, employee, or property hurt you in Alabama, your deadline is probably much shorter than two years.

    A city needs a sworn statement in its clerk's hands, or a lawsuit filed, within six months.

    A county needs your claim presented to the county commission within 12 months.

    The State cannot be sued at all, so a claim against a state agency goes to the Board of Adjustment within one year, or two for a death.

    Miss one of these deadlines and the claim is usually gone, however strong it was.

    Call (888) 713-6653 for a free review of who was responsible and which clock applies, with no fee and no costs unless we recover.

    Law reviewed November 5, 2026, against the Code of Alabama and the Alabama Supreme Court's opinions.


    Alabama Government Claims at a Glance

    • City: sworn statement received by the clerk, or a lawsuit, within six months, $100,000 per person
    • County: claim to the county commission within 12 months, $100,000 per person
    • State: Board of Adjustment within one year, two for a death, with awards at workers' compensation maximums

     

    Which Government Body Injured You Decides Your Deadline

    "The government" is not one defendant in Alabama. Each kind of public body has its own route, its own deadline, and its own limit on what it pays, so identifying the right one is the first job.

    A City or Town

    A city answers for an agent's "neglect, carelessness, or unskillfulness" in the line of duty, and for a street or building defect it knew about or should have fixed. A sworn statement of how, when, and where you were hurt, and what you are claiming, has to reach the city clerk within six months, unless a lawsuit is filed in that time. Recovery is limited to $100,000 per injured person, with a $300,000 limit per occurrence.

    A County

    You cannot sue a county until the claim has been presented to the county commission and disallowed. It must be presented within 12 months, and 90 days of silence counts as a disallowance. A minor or incompetent person gets 12 months after the disability ends. The same $100,000 per-person limit applies, with a $300,000 aggregate when more than two people have claims.

    The State or a State Agency

    The Alabama Constitution says the State "shall never be made a defendant in any court of law or equity." Claims go to the Board of Adjustment, within one year for an injury and two years for a death, and the Board cannot hear a late claim. Awards cannot exceed the workers' compensation limits. Claims against ALDOT of $5,000 or less go to ALDOT itself, according to the Board's page.

    A School Bus or School Activity

    The Board of Adjustment hears claims for students hurt being transported, or during a school activity, in a bus or vehicle run by or for a school board. Those claims must be filed within one year of the accident, and awards follow the workers' compensation maximums. The Board can withhold payment while a third-party claim is pending and can offset that recovery. County boards of education share the State's immunity from suit, so a private bus contractor or another driver may be the party who can be sued in court.

    A Police Officer or Deputy

    For claims that accrued on or after October 1, 2025, Alabama's rewritten statute immunizes officers for conduct within their discretionary authority, unless they acted recklessly without law enforcement justification or violated a clearly established right. The immunity also reaches the officer's employer, and a city's notice deadline still applies. Sheriffs and their deputies are different: they are state officers and not county employees, a county generally does not answer for them, and they keep separate state immunity. Your own uninsured motorist coverage may still pay after a crash with an immune driver.

    A Public Hospital

    A county or city hospital board counts as a governmental entity under the $100,000 limit in Ala. Code § 11-93-2, a public health care authority can bring the same limit, and a state university hospital can claim state immunity, which would mean the Board of Adjustment and its one-year deadline. The Alabama Medical Liability Act still sets the malpractice rules. Find out who owned the hospital and who employed the provider before you assume how long you have.

    The Sworn Statement a City Clerk Must Receive Within Six Months

    Ala. Code § 11-47-23 says tort claims "shall be presented within six months from the accrual thereof or shall be barred."[1] Section 11-47-192 requires a sworn statement to the clerk saying how, when, and where the injury happened and what damages you claim. These decisions show how that has been read.


    • Mailing is not filing. In Perry v. City of Birmingham (2005), the claim had to be received within six months, so a letter in the mail before the deadline did not save it.[2]
    • An accident report is not a claim. In Fortenberry v. City of Birmingham (1990), an accident report and the city's own knowledge did not meet the statute, so file with the clerk.
    • A lawsuit also works. Filing suit against the city within six months satisfies the requirement, and the complaint need not be sworn.

    Where City Claims Go in Five Alabama Cities

    Huntsville: notarized form to the City Clerk, P.O. Box 308, Huntsville, AL 35804, or by hand at City Hall, third floor, 305 Fountain Circle.

    Birmingham: sworn claim to the City Clerk, 710 North 20th Street, Suite 300, Birmingham, AL 35203.

    Mobile: City Clerk, 9th Floor, Government Plaza South Tower, 205 Government Street, or P.O. Box 1827, Mobile, AL 36633.

    Montgomery: original signed form to the City Clerk's Office, City Hall, 103 North Perry Street, Montgomery, AL 36104.

    Tuscaloosa: the City's page sends claims to the Office of the City Attorney, while the statute names the clerk, so we make sure both offices have it.

    Cities change their forms and addresses. Confirm the current one with the clerk before you rely on this list.


    Six months goes quickly when you are in surgery and rehab. A family member can call for you, and a lawyer can prepare the statement for your signature and confirm receipt. If the city's records or a police report are what you are waiting for, do not wait. The statement asks only for what you already know.


    How the Alabama Board of Adjustment Handles a Claim Against the State

    The Board has four members: the Director of Finance, the State Treasurer, the Secretary of State, and the State Auditor. Its Personal Injury Claim form is on the Department of Finance website and must be signed before a notary. Filings go to the Alabama State Board of Adjustment, Alabama State Capitol, 600 Dexter Avenue, Suite E-302, Montgomery, AL 36104.[3]

    Three things catch people off guard.


    • The deadline is strict. Section 41-9-65 prohibits the Board from "hearing or considering any claim not filed within the time specified."[4]
    • The award is limited. The Board cannot award more than the limits in Alabama's workers' compensation law, which is far below the cost of a serious injury.
    • This is not a jury trial. You present your claim to a state board, so the proof has to be organized and complete when it goes in.

    Because the Board's limits are low, the real recovery may come from someone else. A state contractor who was working on the road can be sued in court, and your own uninsured and underinsured motorist coverage may apply to a crash with a state vehicle. Ask about those before you settle for the Board's number.


    When State-Agent and Police Immunity Block a Claim Against an Employee

    You may be able to sue a state employee personally, but state-agent immunity protects many decisions made on the job. Under Ex parte Cranman, it does not apply when the employee acts "willfully, maliciously, fraudulently, in bad faith, beyond his or her authority, or under a mistaken interpretation of the law."[5] Those exceptions are where a claim against a person, as opposed to the agency, tends to live.

    Police officers have a separate statute. The old rule in Ala. Code § 6-5-338 was repealed effective October 1, 2025, and new §§ 6-5-338.1 to 6-5-338.4 apply to claims accruing on or after that date. They add a heightened pleading standard and a stay of most discovery while immunity is being decided, with exceptions for written policies and body camera recordings.[6] Whether an officer acted recklessly without law enforcement justification is decided by the judge. A private company that hires off-duty officers does not share the immunity.

    For you, this means a claim involving a chase, a patrol car, or a jail needs careful review before anyone tells you it is impossible or easy. Early requests for video and policies can matter a great deal.


    Alabama's $100,000 City and County Limit and the Private Defendants Beyond It

    Under Ala. Code § 11-93-2, recovery against a governmental entity is limited to $100,000 for one person's injury or death, and to $300,000 when more than two people have claims from one occurrence.[7] Punitive damages are generally barred against cities and counties, though that article does not reach wrongful death actions. The Alabama Supreme Court upheld a wrongful death judgment against Birmingham and held the City's share to $100,000 plus interest. Our page on wrongful death claims under Alabama's statute covers how those cases work.

    A limit like that can make a serious case look hopeless when it is not. A contractor who dug the trench, a company whose truck was also in the crash, a driver who shared the fault, or your own underinsured coverage may have far more to pay. When several parties caused an injury, Alabama does not apportion damages among them, so finding the private defendant can change the outcome.



    What If the Six-Month or One-Year Deadline Has Passed or Is Close?

    Call right away either way. If the deadline is close, the statement or form can often be prepared in a day or two. If it has passed, some claims may still be open: a minor or incompetent person gets more time against a county, a private party's two-year deadline may still be running, and your own insurance may still respond. A late city claim is usually barred, and we will tell you plainly if that is where you are.


    Alabama Government Claims FAQ

    What is the Alabama Board of Adjustment?

    It is the four-member state body that hears claims against the State and its agencies, because the Alabama Constitution bars suing the State in court. You file within one year of the injury, or two years for a death, on a notarized form. Awards cannot exceed the workers' compensation limits.

    How long do I have to file a claim against an Alabama city?

    Six months from the injury, under Ala. Code § 11-47-23. A sworn statement must reach the city clerk in that time, or a lawsuit must be filed. Mailing the statement close to the deadline is a risk, because the Alabama Supreme Court held in Perry v. City of Birmingham that the clerk must receive it within six months.

    How much can I recover from an Alabama city or county?

    No more than $100,000 per injured person, with a $300,000 limit when more than two people have claims from one occurrence. That limit does not protect a private contractor or another driver who shares the responsibility.

    Can my family bring a wrongful death claim against a city?

    Yes, up to the $100,000 per-person limit. The article barring punitive damages against cities says it does not reach wrongful death actions, and the Alabama Supreme Court has upheld such a judgment against Birmingham and limited the City's share to $100,000 plus interest. The six-month requirement still applies.

    My child was hurt riding a school bus. Where does the claim go?

    A student hurt while being transported on a bus run by or for a school board usually goes to the Board of Adjustment, with one year to file. A private bus contractor or another driver can be sued in court, and a minor's own claim against a private party can have more time.

    Can I sue a police officer in Alabama?

    It is difficult. For claims accruing on or after October 1, 2025, the officer is immune for conduct within discretionary authority unless the officer acted recklessly without law enforcement justification or violated a clearly established right. A city's notice deadline still applies, and sheriff's deputies have separate state immunity, so ask quickly.

    Get the Claim to the Right Alabama Office Inside Its Deadline

    A government deadline can pass while you are still in treatment, and no one from the agency will remind you.

    We help people hit by city and state vehicles, parents of children hurt on school buses, and families whose loved ones were harmed on public property, with the legal help they need to get the paperwork right the first time.

    A public body should answer for the harm it causes, the same way a private company does.

    Lawsuit Legal can identify the right office, prepare the sworn statement, and look for the private party who shares responsibility.

    Tell us who was involved and the date of the injury by calling (888) 713-6653; the review is free, and you owe no fee and no costs unless we recover.

     

     

     

     

     

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