If you were injured because of someone else’s carelessness, you probably have a lot on your mind: pain, bills, time off work, and uncertainty about what comes next. Here are answers to common questions about Alabama personal injury law and what you can expect if you pursue a case against the at-fault party.
What is a Personal Injury?
A personal injury is a physical or psychological injury caused by someone else’s actions. It can be caused by carelessness, reckless behavior, or even intentional harm.
Personal injury law allows injured people to hold the responsible party accountable and seek compensation. These cases are part of tort law, which covers civil wrongs that cause harm to others and create liability, or legal responsibility. The law allows financial compensation as a remedy for a tort.
If you have been injured due to the actions or inaction of someone else, you may have a personal injury case.
What is Negligence in a Personal Injury Case?
Negligence means someone didn’t act the way a reasonable person should have in a given situation, and that failure caused someone else to get hurt. Negligence is the basis for most personal injury cases.
Here’s a simple example: A driver is negligent if they run a red light and hit your car. They didn’t follow the rules of the road and put others at risk. This is an example of ordinary negligence.
Gross negligence describes behavior that goes beyond carelessness. It refers to knowingly engaging in behavior that is reckless and likely to endanger others or wanton disregard for the safety of others. In the example above, gross negligence may be running a red light while street racing at 90 mph in a 35 mph zone.
How Do You Prove Negligence?
To win a negligence case, you have to prove four things:
- Duty of care: The other person had a legal duty to behave in a manner that avoided foreseeable risk of harm to you and others.
- Breach of duty: They failed to meet that duty through careless or reckless conduct, or by failing to take certain actions.
- Causation: Their actions directly caused your injury, and your injury was a foreseeable result of their behavior.
- Damages: You suffered actual harm due to this breach of duty.
You’ll need evidence, like photos, accident reports, witness statements, or medical records, to support your claim.
What are the Most Common Types of Personal Injury Cases?
Personal injury cases fall under three types of torts, or civil wrongs: negligence, intentional tort, or strict liability. Most personal injury cases are based on negligence.
Common examples of negligence include:
- Car accidents, truck accidents, and motorcycle accidents
- Pedestrian accidents
- Slip and fall accidents
- Medical malpractice
- Nursing home neglect
These cases may involve anything from a healthcare provider’s errors to motor vehicle accidents. They may also include premises liability, an area of law that holds property owners accountable for injuries caused by dangerous conditions.
Intentional tort involves personal injury caused by someone else’s intentional wrongdoing. This may include assault and battery or sexual assault, for example.
Sometimes personal injury cases arise out of strict liability, which does not require negligence or intent. Product liability cases involving defective or dangerous products are the most common example.
Cases involving dog bites may be based on negligence or strict liability. Alabama has unique dog bite laws. Under the state’s “one bite rule,” dog owners can be held liable if they had knowledge of the dog’s mischievous, vicious, or dangerous tendencies. Otherwise, they may only be liable for financial damages.
Alabama courts have held that everything from chasing vehicles to the dog’s breed, even without a history of aggressive behavior, may be considered a knowledge of the dog’s potential to cause harm.
Wrongful death cases, which may be brought by surviving family members, may be based on any type of tort.
How Does Contributory Negligence Work?
Contributory negligence is a legal rule that can prevent you from recovering money if your actions or inaction contributed to your accident, even slightly. Alabama follows this strict rule, unlike most other states.
The comparative fault of each party involved in the accident is considered. If you are found even 1% to blame for the accident, you can’t recover damages. In other states, financial recovery is reduced according to your share of fault.
This harsh rule does have some exceptions. Contributory fault does not apply to plaintiffs under 14 years old, and it is also not a defense for intentional or wanton misconduct.
What Damages are Available in an Alabama Personal Injury Case?
In a successful personal injury case, you are entitled to damages, or financial compensation, from the party at fault for your injury. These damages are called actual or compensatory damages.
There are two main types of actual damages:
- Economic damages (or special damages) compensate for objective monetary losses like medical bills, out-of-pocket costs, and lost earnings.
- Non-economic damages (or general damages) compensate for subjective losses without financial value. These losses include physical pain and suffering, reduced enjoyment of life, and psychological anguish.
In rare cases, you may also get punitive damages if the other party’s actions showed deliberate fraud, oppression, malice, or wanton disregard for others. Punitive damages are capped at $1.5 million or three times your actual damages if you suffered physical injury. The cap is $500,000 or three times actual damages without physical harm.
Unlike other states, Alabama does not allow economic and non-economic damages in wrongful death cases. Only punitive damages may be recovered in these cases.
What is the Deadline to File a Personal Injury Lawsuit in Alabama?
In most cases, you have two years from when your injury occurred to file a personal injury lawsuit in Alabama.
Different deadlines apply in some cases:
- Intentional tort: Six years
- Medical malpractice: Two years from the date of injury, or six months from when it’s discovered or should have been. No case can be filed more than four years after the date of malpractice.
- Product liability: Usually two years, but just one year for claims against the original seller. A case can’t be filed more than 10 years from the date the product was first put to use. You may have more time to file a case if your injury was not discovered right away.
- Claims against government entities: Six months from the date of injury for claims against a municipality, or one year for claims against a county
The deadline may be suspended (tolled) in very limited cases, including cases involving child injuries or if the defendant left the state.
How Long Will It Take to Settle My Case?
It depends. Some cases settle in a few months, but some take years.
Factors that may affect the timeline of your case include:
- Strength of evidence establishing fault
- Complexity of the case
- Severity of injuries
- Length of time needed to finish medical treatment
- Insurance company’s willingness to negotiate
- Whether your case goes to trial
Don’t rush to settle. Insurance companies often offer less than your case is worth at first. An experienced lawyer can help you get a fair amount.
What is My Personal Injury Case Worth?
Every case is unique, and the value of your case will depend on the dozens of factors, including:
- Your ability to return to work
- How serious your injuries are
- How the injury affects your daily life
- Evidence proving the other party’s liability
- The defendant’s behavior and the circumstances of your injury
- Your actions related to your accident and seeking treatment afterward
- Insurance coverage to pay for your damages
A personal injury lawyer can estimate your case value and help you fight for full compensation.
How Much Does It Cost to Hire a Personal Injury Lawyer?
At Belt, Bruner & Barnett Personal Injury Lawyers, you pay nothing upfront for legal representation. We work based on a contingency fee arrangement. If we recover money for you, our fee is a percentage of your award or settlement proceeds. Otherwise, you pay no attorneys’ fees.
This way, you can get quality legal help without worrying about out-of-pocket legal costs.
Contact Our Alabama Personal Injury Lawyers for a Free Consultation
If you have been hurt in an accident, you don’t have to navigate the legal system alone. Belt, Bruner & Barnett Personal Injury Lawyers are here to fight for you.
Call Belt, Bruner & Barnett Personal Injury Lawyers today at 205-933-1500 for a free consultation with a personal injury attorney. We’ll explain your options, answer your questions, and help you hold the responsible party accountable for what you have suffered.