Personal Injury Law in Alabama

Were you hurt due to another’s negligence in Alabama? If so, it may have far-reaching consequences such as a loss of wages or extensive medical treatment. Personal injury law allows an injured person to get damages if the responsible person acted recklessly. A personal injury attorney in Alabama can help navigate the lawsuit to make sure you receive all of the compensation you deserve.

What Is Personal Injury Law?

Personal injury law in Alabama relates to the legal process of getting compensation for an injury caused by someone else’s negligent behavior. These cases involve one party, the plaintiff, trying to seek financial compensation for expenses incurred and money lost as a result of the defendant’s reckless behavior. These cases involve both parties’ insurance companies and may even settle before proceeding to litigation.

Examples of Personal Injury Claims in  Alabama

Some personal injury claims are more common than others. However, almost any incident that ends with a physical or mental injury could qualify, depending on the circumstances.

A few of the most common personal injury claims are:

  • Car Accidents
  • Slip and Fall
  • Dog Bites
  • Medical Malpractice
  • Workplace Accidents
  • Burn Injuries

Most Common Injuries in Alabama 

The Alabama Public Health summary recognizes that Alabama struggles when it comes to emergency rooms, and trauma care. Alabama ranks fourth among states when it comes to the amount of trauma care it is burdened with. Lots of accidents occur in Alabama that lead to trauma conditions like contusions, broken bones, internal bleeding, and open wounds. The Center for Disease Control and Prevention offers a list of the 10 leading causes of death in Alabama, and ranks accidents of all kinds as the 5th most common cause of a death in the state.

Steps in a Personal Injury Lawsuit in Alabama

Once you determine that you wish to proceed forward with a personal injury action in Alabama

A lawsuit begins when a complaint is filed with the court and served on the defendant. The complaint alleges your assertion as the plaintiff that the defendant’s negligent behavior resulted in damage to your body or mental state. As the process proceeds forward, you may have to go through depositions, independent medical evaluations and document production. This discovery process is lengthy and ends in either settlement or a court appearance.

In Alabama, after you have gathered the base evidence for your claim and drafted a demand letter for the desired compensation. You then deliver said letter to the party at fault. The party at fault may not accept your settlement offer or outright deny your claims. If so, you must file with an Alabama court within two years of the accident to seek damages.

Alabama Personal Injury Settlement

With most personal injury cases, insurance companies and injured parties prefer settlement negotiations rather than going to court for a trial. You may wonder how much you should seek in your settlement and factors that impact the final amount.

Alabama is pretty average when compared to most states in terms of settlement amounts. The national average is about $52,000, but the overall range of average payouts is typically anywhere from $3,000 to $75,000. Of course settlement payouts vary depending on the severity of an injury and proof of negligence as allowed by the Alabama Judicial System.

If the other party has insurance, the insurance company likely wants to settle out of court to avoid leaving the final settlement decision to a jury. Settlements benefit injured parties as much as they do insurance companies. This is because accepting a settlement means you receive compensation sooner rather than later. Also, by going to court in AL, that means you risk not receiving any compensation at all.

Damage Awards in Alabama

If your Alabama personal injury lawsuit goes before a judge or jury, your legal team will be ready with a request for damages. In personal injury cases, there are three types of damage awards a court may order the defendant to pay to compensate you for the damage they inflicted.

Special compensatory damages reimburse you for things such as lost income, medical bills and insurance deductibles. You submit receipts proving these losses.

General compensatory damages are subjective. If you receive special compensatory damages, you may also collect general damages. If your injury was particularly painful, you might request that the judge order the defendant compensate you for the pain and anguish.

Punitive damages are the most rarely awarded and are up to the court. The judge or jury may determine that the defendant’s negligence was particularly heinous and the resulting injury to you was equally horrific. 

Alabama implements comparative negligence laws. These can cause you to lose a percentage of your settlement if you are found to be partially at fault for any accident. There are no caps on economic damages like medical expenses, or non-economic damages like pain and suffering. However, there are caps on punitive damages for small businesses and individuals in some cases.

Statute of Limitations in Alabama Personal Injury Law?

The injured party may have a set amount of time to file suit for a personal injury case. State law establishes statutes of limitation. Commonly, the plaintiff’s injury or discovery of the injury begins the statute of limitations. However, the latter factor is trickier, as the plaintiff will have to prove when the injury was first realized.

The statute of limitations for personal injury stipulates that you have two years from the date of your accident to file a claim in Alabama.

We recommend you speak with a personal injury lawyer for this matter. Don’t wait too long and miss out on receiving the compensation you deserve for your injury. 

Work With an Experienced Alabama Lawyer

Pursue a personal injury claim in Alabama against the responsible person if you are dealing with an injury caused by someone else. One of our experienced lawyers can help you navigate your personal injury claim.  We can even help you connect with an attorney across Alabama state lines.

Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!

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