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Alabama · Coal ash, exposure and possible

Coal ash, exposure and possible claims in Alabama

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Filing deadline2 years PI (Ala. Code § 6-2-38), 6 years propertyCode § 6-2-38

Deadlines vary with the facts of each case. A lawyer can confirm yours.

Updated

01 · Your filing deadline

What is the deadline in Alabama?

Alabama Code § 6-2-38 provides a 2-year statute of limitations for personal injury claims including those arising from toxic exposure. Property damage claims carry a 6-year limitations period under Ala. Code § 6-2-34. Alabama has no general discovery rule; in toxic exposure cases, the claim accrues when a manifest, present injury occurs (Griffin v. Unocal Corp., 990 So. 2d 291 (Ala. 2008)). A lawyer can confirm yours.

2 years PI (Ala. Code § 6-2-38), 6 years property

Source: Code § 6-2-38

Deadlines vary; a lawyer can confirm yours. An older diagnosis or a past filing window does not, by itself, establish whether you have a claim.

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A lawyer can check which filing rules apply to your circumstances.

02 · Where cases are heard

Where would my case be heard?

Alabama Power, a Southern Company subsidiary, operates some of the largest coal-fired generating facilities in the Southeast, including Plant Miller (one of the largest in the country), Plant Gorgas, and Plant Barry. Coal ash impoundments at these sites contain millions of tons of coal combustion residuals, and groundwater monitoring has revealed contamination exceedances at multiple facilities. Alabama's regulatory environment has historically been favorable to utilities, but federal CCR Rule requirements have forced greater transparency.

Alabama state court claims proceed in Circuit Court. Key venues include Jefferson County Circuit Court (Birmingham — Plant Miller, Alabama Power headquarters), Walker County (Plant Gorgas), and Mobile County (Plant Barry). Federal claims may be filed in NDAL (Birmingham) or SDAL (Mobile). Alabama applies a contributory negligence doctrine — like North Carolina and Virginia, any plaintiff fault can bar recovery entirely, making careful case preparation critical. Alabama Power and parent company Southern Company are well-capitalized defendants with substantial assets to satisfy judgments.

How this works nationally

For the overall process and updates, read the Coal ash, exposure and possible overview. This page covers the local information available for Alabama.

What happens when I check?

You answer a few short questions about what happened. If you send them, your answers are kept on file. If a participating law firm takes these cases, it may contact you. People's Justice is not a law firm.

Live in Alabama? Read what applies in your state.

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Sources

  1. Code § 6-2-38