Accidents happen, but sometimes they could have been avoided if someone had not acted carelessly or recklessly, resulting in someone else getting hurt. If this has happened to you, you have the right to pursue legal action with a personal injury claim. If you’ve never filed one of these claims before, you may not know what to expect. Here’s what you need to know about filing a personal injury claim in Alabama.
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Understanding Personal Injury Claims
When we talk of personal injury claims, we refer to legal actions made against someone who has caused an accident or injury to someone else by acting carelessly or recklessly. The lawsuit is filed to pursue compensation for damages (monetary and non-monetary losses) incurred by the victim. In most cases, these claims are filed against the liable party’s insurance company.
Alabama’s Statute of Limitations
The statute of limitations dictates the time limit for filing any legal claim, including personal injury claims. In Alabama, you have two years from the time the accident or injury occurred to file a personal injury lawsuit. This means that if you don’t file your injury claim within two years, you may be barred from seeking compensation.
Pure Contributory Negligence Law
Alabama follows the pure contributory negligence law, which means that if an injured party is found to be even 1% responsible for the accident that caused their injuries, they are not entitled to any compensation from the other party. This law makes Alabama different from several other states, where injured parties can still receive some compensation if they were partially to blame for the accident.
Required Elements to File a Personal Injury Claim in Alabama
Duty of Care: The first element that must be proved is that the party you are suing, whether it’s an individual or a business, owed you a duty of care. A duty of care refers to a legal obligation that someone, such as a driver or a business owner, has to act in a way that won’t cause harm to others.
Breach of Duty of Care: This element requires that you show that the party you’re suing failed to fulfill their duty of care. This can include behaviors such as drunk driving, excessive speeding, or a business failing to clean up spilled liquids on the floor.
Causality: You must prove that the other party’s breach of duty of care was the direct cause of your injury. For example, if a driver was texting and driving and hit your car, causing you to suffer a broken arm, you must demonstrate that the driver’s distracted driving was the direct cause of your injury.
Damages: You must prove that you incurred damages as a result of your injury, such as medical bills, lost wages, and pain and suffering.
Comparative Fault System
In Alabama, a comparative fault system is used to determine the amount of compensation an injured party is entitled to. This system compares the fault of each party involved in the accident and reduces the amount of compensation that an injured party can collect if they are found partially responsible for the accident.
Hiring a Personal Injury Attorney
If you’re considering filing a personal injury claim, it is usually a good idea to work with a personal injury attorney. Not only can they help you navigate the complex legal system and make sure your rights are protected, but they can also help negotiate a fair settlement on your behalf.
Conclusion
Being involved in an accident can be a traumatic experience, and it’s important to know your rights regarding filing a personal injury claim. By understanding the key elements required for a successful claim, Alabama’s statute of limitations, and the state’s comparative fault system, you can make informed decisions regarding your legal options. And if you do decide to pursue legal action, working with a trusted personal injury attorney can provide valuable support and guidance throughout the process.