Why Naming the Right Defendant Matters in Alabama Lawsuits

If you need to file a lawsuit in Alabama—whether for real or personal property, breach of contract, civil disputes, or personal injury—one of the most critical decisions we make is who to sue. It may sound simple, but naming the correct defendant is more than just filling in a blank. It can make or break your case.

The Stakes Are High

Alabama law requires that every lawsuit be filed against a party who is legally responsible for the harm. If you name the wrong person or business, your case could be dismissed before it ever reaches a judge. Worse, if the mistake isn’t caught in time, you could lose your right to sue altogether. We often see cases filed naming “fictitious defendants,” but that placeholder does not help if you pass the time limit to name the correct defendants!

Deadlines Don’t Wait

Alabama has strict deadlines—called statutes of limitations—for filing lawsuits. For example:

• Personal injury: 2 years

• Breach of contract: 6 years (written), 3 years (oral)

• Property damage: 6 years

If you file against the wrong party and try to fix it after the deadline passes, the court may not allow you to substitute the correct defendant. That means your case could be over before it begins.

Mistakes We have Seen

Here are a few examples of how misnaming a defendant can derail a case:

• Suing a business’s trade name instead of its legal entity (e.g., “Joe’s Auto Repair” instead of “Joe’s Auto Repair, LLC”) and not naming the owner personally

• Naming a former property owner who sold the land years ago

• Filing against a government agency instead of the official responsible for the decision

• Suing an employee personally when the employer is the liable party

Immunity and Legal Shields

In Alabama, certain defendants—especially government entities and officials—are protected by immunity laws. If you name the wrong party, you may trigger defenses that could have been avoided with proper targeting. For example, suing a state department directly may be barred, while suing the responsible official in their official capacity may be allowed.

How We Get It Right

At Stanley & Associates, we take the guesswork out of litigation. Before filing, we:

• Investigate ownership records and corporate filings

• Confirm legal names and registered agents

• Analyze contracts and deeds for responsible parties

• Strategically evaluate who should be named—and who shouldn’t

We also act fast. If a correction is needed, we file amendments promptly and argue for “relation back” if new information changes the case.

Bottom Line

Naming the correct defendant isn’t just a technical detail—it’s a strategic move that protects your rights and positions your case for success. If you're unsure who to sue, don’t guess. Let us help you get it right the first time.

Need help identifying the right party in your case? Contact Stanley & Associates today for a strategic review consultation for $350. We serve clients across Alabama with precision, speed, and courtroom-ready advocacy.