Alabama Personal Injury Lawsuit
How Do I Know if I Should File a Lawsuit?
The best way to know if a lawsuit makes sense in your case is to consult with an experienced lawyer. Alabama has many reputable law firms that focus on these types of lawsuits. When you have found a lawyer or firm you feel good about working with, provide them with all the information you have about your case—medical reports, witness notes, police reports. They will give you a professional opinion.
In general, you may have a case for personal injury action if someone else’s actions or inactions caused your injuries. Some accidents obviously involve negligence, while others are more complicated. Let a lawyer review the information and advise you.
What Are the Steps in an Alabama Personal Injury Lawsuit?
A lawsuit begins with filing a complaint against the person or organization you want to hold liable for damages. Your lawyer will do this for you after your initial consultation, which makes the legal action official. The next steps are:
- A discovery period. With the complaint made, both sides investigate the case, talk to witnesses and experts, and build proof that the defendant is negligent or not.
- Settlement negotiations. In many cases, the evidence clearly points to negligence, and the defendant is willing to negotiate a settlement.
- Trial. If a settlement talk fails, you can take your lawsuit to trial. Both sides present evidence, witnesses, and excerpts. They argue for or against negligence, and a jury decides if the defendant owes you damages, and if so, how much.
- Collecting compensation. If you do win the lawsuit, your lawyer may have to take additional steps to secure the compensation. It is not always straightforward or immediate.
- Appeals. Either side can take the decision to the Alabama Court of Civil Appeals to try to get it overturned.
Is There a Time Limit on Filing a Personal Injury Lawsuit in Alabama?
Yes, in Alabama, the statute of limitations on personal injury lawsuits is two years from the time of the accident or incident that caused harm.[1] If you are a minor, or your child is the plaintiff, the statute begins when they turn 19.
What Do I Need to Prove My Case?
In Alabama, as in other states, your legal team must prove four things to show to the court that the plaintiff owes you damages:
- They had a duty to act or refrain from acting in an accepted way in the given situation.
- They breached the accepted duty.
- That breach resulted in harm to you.
- The harm resulted in damages.
In the case of a dog bite, Alabama law makes it easier for you to prove negligence. Even if the dog had never hurt anyone before, the owner could be held negligent. This is strict liability, and the burden of proof is lower than in other types of accidents.
How Much Can I Recover from My Lawsuit?
The purpose of civil lawsuits, like a personal injury lawsuit, is to allow victims of negligence to recover damages. These are the costs of being injured, like medical expenses. The amount you can recover in your lawsuit depends on a lot of factors:
- The severity of the injury and cost of medical bills
- The projected cost of future medical expenses
- Lost wages if you are unable to work
- Disfigurement
- Pain and suffering
Damages also depend on state laws. In Alabama, the Supreme Court overturned a previous cap on damages. There is no limit in most cases. The exception is when the defendant is a municipal government. Then damages you can receive are limited to $100,000.
Examples of Alabama Personal Injury Lawsuits
There are many examples to give you an idea of your outcome from filing a lawsuit in Alabama. In one recent case, a daycare lost a lawsuit brought by a young boy’s family. The unlicensed facility allowed a television set to fall on the boy’s head, crushing his skull. He survived, but with permanent disabilities.
Perfect Place Christian Academy, in Birmingham, did not have insurance. The family took the Academy to trial, and the jury returned a $30.3-million verdict.[2]
If you think you have a reason to file a personal injury lawsuit in Alabama, it helps to know these state laws. However, the best resource is an experienced law firm or lawyer specializing in assisting people to recover damages due to personal injuries and negligence.