If you have been hurt in an accident, it’s normal to feel overwhelmed. You may have questions about your rights, what to do next, and whether you need a lawyer. Below are answers to common questions about personal injury law in Alabama to help you understand if you have a case. 

What Is a Personal Injury Case?

A personal injury case arises when someone is harmed by another’s actions or negligence. 

Based on tort law, these cases fall into three types: 

  • Negligent torts (careless behavior)
  • Intentional torts (deliberate harm)
  • Strict liability torts (responsibility without intent or negligence) 

If someone else caused your injury, they may be legally liable for your financial and non-financial losses.

What Is Negligence?

Negligence means someone didn’t act with the level of care that a reasonable person would have demonstrated in the same situation. It’s a common legal standard in injury cases. 

There are four elements of negligence you must prove to win your case: 

  • The other person had a duty to act with reasonable care
  • There was a breach of duty due to their action or inaction
  • Their action was the direct cause of your injury and the proximate cause, meaning your injury was a reasonably foreseeable consequence
  • You suffered real harm due to their negligence

If someone’s careless behavior causes harm, they can be held legally responsible, even if they didn’t mean to hurt anyone.

What Are Common Types of Personal Injury Cases?

A personal injury case can arise after any type of incident that causes injury. The most common types of cases involve: 

If you were injured in any type of accident or due to someone else’s wrongdoing, you may have a personal injury case. 

What Is My Personal Injury Case Worth?

The value of your personal injury claim is based on dozens of factors unique to your case. 

  • The cost of your medical treatment and care you will likely need in the future
  • Whether you can return to your career or perform any work
  • Your age, health, lifestyle, and opportunities for career advancement when you were injured
  • How the injury affects your daily life and lifestyle
  • The strength of your evidence to prove the other party’s fault
  • Insurance policy limits to cover your damages

The financial losses you have suffered are usually the easiest to calculate, but determining future losses and the physical and psychological toll of your injury can be complex. Your attorney may work with specialists to help substantiate and value these damages. 

What Damages Can I Recover in a Personal Injury Case in Alabama?

In a successful case, you may recover compensatory damages to cover both economic (medical bills, lost wages, property damage) and non-economic losses (pain and suffering). Alabama recognizes “past and future” damages for current and ongoing losses. 

Rarely, punitive damages may be awarded if the defendant acted with malice, fraud, or wantonness. While most damages aren’t capped, punitive damages are limited, and in Alabama wrongful death claims, only punitive damages are available.

What Is Contributory Negligence?

Alabama follows a strict contributory negligence rule. If you are even 1% at fault for your accident, you cannot recover any compensation. That’s why it’s important to have a lawyer protect your rights and build the strongest case possible.

There are limited exceptions to Alabama’s harsh contributory negligence doctrine. It does not apply if the plaintiff is an injured child under 14, and it can’t be used as a defense for wanton misconduct and intentional wrongdoing. 

How Long Will It Take to Settle My Case?

Some cases settle in a few months. Others take a year or more. The timeline of your case depends on how serious your injuries are, how clear the fault is, and whether the insurance company is willing to make a fair offer. 

Cases involving catastrophic injuries are more likely to go to trial than cases involving injuries like fractures, for example. These cases may take several years to recover a settlement or award. 

What Does It Cost to Hire a Montgomery Personal Injury Lawyer?

You don’t pay anything upfront to hire a personal injury attorney. We work on a contingency fee basis. You only pay attorneys’ fees if we win your case. Our fee is a percentage of the settlement or court award. You get the legal representation you need now without the financial burden of paying a retainer. 

 If we don’t win your case, you do not owe attorneys’ fees. 

How Long Do I Have to File a Lawsuit in Alabama?

In Alabama, you usually have two years from the date of your injury to file a lawsuit. Missing the deadline means you are usually barred from any financial recovery. 

There are some limited exceptions to this standard statute of limitations. You have just six months to one year to file a claim against a government entity. You may have more time to pursue money for an injury related to a defective product or medical malpractice. If you were the victim of intentional tort, you have up to six years. 

Will I Need to File a Lawsuit and Go to Court? 

Most personal injury cases start with an insurance claim. If a fair settlement isn’t reached, your lawyer may recommend filing a lawsuit, especially if the case is complex or liability is disputed. 

After filing, both sides exchange evidence during discovery and may try mediation to resolve the case. If no agreement is made, the case may go to trial. However, over 95% of personal injury cases settle out of court before reaching trial.

Schedule a Free Consultation With Our Alabama Personal Injury Lawyers

If you have been hurt in an accident, it’s critical to take action as soon as possible to preserve important evidence and protect your right to compensation. At Belt, Bruner & Barnett Personal Injury Lawyers, we’ve recovered hundreds of millions for clients, and we are here to fight for you. 

Call us at (205) 933-1500 today to schedule your free case evaluation with a personal injury lawyer. Let us help you get the justice and the compensation you need to rebuild your life.