When reporting a personal injury claim in Alabama, you should always be aware of your rights. If you are involved in a personal injury claim, you should be aware of the legal rules that could apply to your case. Keep reading below to see an overview of the key Alabama laws that are applicable to personal injury cases.
Time Limits for Filing a Lawsuit in Alabama
All states have a “statute of limitations”, which is a set time limit for filing different types of lawsuits. For a personal injury case in Alabama, the time limit is usually two years, but there are exceptions. This means you must file your lawsuit within two years from the date of your accident. If the person injured is a minor, the time limit does not begin to run until they are 19. If you do not file your personal injury claim within the typical two-year time frame (there are exceptions), your claim will be “time-barred”. When a claim is time-barred it means you will be unable to recover anything from those who were responsible for your injuries.
Laws Relating to Shared Fault
Once your lawsuit takes place, there is a possibility that the defendant will claim that you are partially responsible for the incident. Alabama is one of the few states in the United States that follows the “contributory negligence” rule, which could possibly result in some bad consequences for those who are responsible for the accident that underlies their claim. If a jury decides you are at all responsible for the accident, there is a possibility that you won’t recover anything from anyone – no matter how much at fault, you may have been.
Caps on Compensation
There are no limits on compensation for damages in injury cases against against a defendant, and no compensatory caps on corporations either, except for punitive damage. To receive punitive damage in an injury case, the plaintiff has to show that the defendant acted with an ill will or was wanton (acted with gross disregard for the health and safety of others. In the state of Alabama, the evidence must be clear and convincing.
Dog Bite/Attack Cases
In the state of Alabama, the owner of the dog may be liable for the personal injury caused by their dog if they violated a law or if their negligence caused the dog bite.
If you have a personal injury claim or think you may, be sure to check your rights and understand what is available to you. Each state is different, so if you are not a resident of Alabama, then be sure to see the rights available to you in your state.
The law firm of Lewis & Feldman, LLC represents those who have been injured or negatively affected by the negligence of others. With more than 50 years combined experience as consumer justice attorneys at law in Birmingham, we’re committed to representing every client with compassion, integrity and a fierce determination to deliver results. If you or a loved one has suffered a personal injury or wrongful death, give us a call at 205-254-6060 or toll-free 888-295-7409 for a free consultation.
No representation is made that the quality of legal services performed is greater than the quality of legal services performed by other lawyers.