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Statute of Limitations
Alabama has a 2-year statute of limitations for personal injury claims (Ala. Code § 6-2-38) with the discovery rule. Alabama is a contributory negligence state, but pharmaceutical product liability claims proceed primarily on strict liability theories (defective product, failure to warn) where contributory negligence is not a complete bar. Alabama courts apply a Daubert standard. Delaware state court filing may be preferable as the primary venue.
2 years from date of cancer diagnosis discovery (Daubert standard; strict liability avoids contributory negligence bar)
Exposure in Alabama
Source: U.S. Census Bureau 2024
Source: Alabama Statewide Cancer Registry 2024
Source: Alabama population demographics