What You Should Know Before Filing a Personal Injury Lawsuit in Alabama

In 2023 alone, roughly 62 million Americans sought medical intervention for preventable injuries. Of those cases, an overwhelming number take place in public spaces, on roadways, and in work environments. When these kinds of preventable injuries occur as a result of someone’s negligence or recklessness, many victims choose to file personal injury lawsuits to help them recover compensation. But how do these claims work here in Alabama?

If you’re considering filing a personal injury suit in the Yellowhammer State, it’s important that you familiarize yourself with the relevant requirements, deadlines, and procedures. Here’s a no-frills overview of how personal injury lawsuits work in Alabama and an explanation of how these claims can help accident victims get back on their feet after an injury.

What is a personal injury lawsuit?

A personal injury claim is a type of legal action some accident victims take against the person(s) they believe to have caused their injuries. Personal injury suits are handled by the civil court system rather than the criminal court system and are brought by the alleged victim rather than by the state.

In criminal court cases, the object of the case is usually to punish an individual for certain crimes they allegedly committed. In civil cases, however, victims and their attorneys seek to recover monetary compensation for any harm the alleged at-fault party may have caused. These claims can help accident victims access the resources they need to cover certain accident-related expenses and ease their future financial, personal, and emotional strain.

Who is liable in a personal injury case?

Liability in personal injury cases often hinges on findings of negligence, recklessness, or intentional misconduct. This is an important consideration because some accidents are unpreventable and cannot be blamed on one party, while others are clearly the result of another’s actions.

When making determinations about liability, the court usually wants to see that:

1. The alleged at-fault party owed the victim a legal duty of care
2. The alleged at-fault party violated that duty of care with their actions (or inactions)
3. The victim suffered identifiable harm in the accident in question
4. The harm the victim suffered was the direct result of the at-fault party’s breach of care

For example, licensed drivers in the state of Alabama owe one another the legal duty of adhering to established traffic safety laws. If a motorist violates this duty by texting while driving and subsequently causes a serious accident, that motorist may be found liable for the injuries of any other involved motorists.

If you and your legal team can clearly show that another individual caused you harm by failing to adhere to accepted standards of care and consideration, you may be within your rights to file a claim for compensation. While many of these cases settle out of court by way of insurance negotiations or mediation, more contested claims may end up going to trial.

What damages are available in a personal injury claim?

Most claimants pursue personal injury lawsuits to help them recover financial compensation for economic expenses and certain personal losses. In the short term, personal injury claims can reimburse victims for out-of-pocket expenses. In the long term, they can deliver financial resources for ongoing medical needs.

Some common examples of economic and non-economic losses plaintiffs fight for in personal injury cases include:

• Hospital bills
• Prescription costs
• Emergency medical treatment expenses
• Physical therapy or other rehabilitation costs
• Lost wages (for missed work)
• Reduced earning capacity (for long-term disability)
• Property damage
• Therapy costs
• Pain and suffering
• Emotional distress

Serious injuries can permanently alter the trajectory of a survivor’s life and be a major source of financial and personal distress. A personal injury claim can help to soften the blow by ensuring a survivor’s basic needs are met and their long-term care recommendations are feasible and accessible.

Your Alabama personal injury lawyer can help you calculate the full value of your claim and can even leverage the expertise of economists and life care planners to provide a more comprehensive case for compensation. Invoices, hospital bills, receipts, and other records are often integral to the evaluation process, so it’s important that you keep an accurate account of all your care costs and other expenses.

How long do I have to file a claim?

In Alabama, you have two years to file a personal injury lawsuit, although some situations have different or shorter deadlines, especially claims involving government entities. Given this relatively limited window, it’s important to move quickly after an accident to preserve your rights. You’ll want to consult with an experienced personal injury attorney ASAP to ensure that you (a) are within your rights to file a claim, (b) have access to all the evidence and documentation you need, and (c) don’t accidentally miss any important filing deadlines.

One small mistake could seriously impact the viability of your claim. Filing errors, missed deadlines, and other common missteps could delay, stall, or derail your case entirely, so it’s best to rely on the expertise of an attorney to ensure your bases are covered. Remember: If you miss the two-year window to file your claim, you may be permanently barred from recovering compensation and left struggling to cover all your costs. If you think that risk is too great to bear, you should contact an attorney rather than rolling the dice.

How contributory negligence impacts personal injury claims

Alabama is one of only a handful of states that still uses a pure contributory negligence system when assigning liability for accidents. Because Alabama follows contributory negligence in many negligence cases, allegations that you contributed to the accident can bar recovery, so it’s important to address fault arguments carefully. In practice, there are exceptions and fact-specific defenses, so it’s important to talk to an attorney about your specific case.

The rule does mean that insurers often look for reasons to shift or reduce liability to blame you for your accident to get out of paying you what you’re owed. This is yet another reason why experienced legal representation is so vital in personal injury cases – lawyers understand common insurance tactics and know how to defend their clients against them.

Your lawyer can help tell a clear and convincing story that highlights all the ways the alleged at-fault party contributed to your suffering while pushing back against erroneous claims of shared liability on your part. These efforts can help safeguard your right to compensation and ensure you walk away with the damages you need to recover.

Personal injury dos and don’ts

After a preventable accident, it’s easy to feel like you’ve lost control over your health, safety, and finances. Thankfully, there are plenty of things you can do to help you regain your sense of well-being while fighting to see that justice is done.

Here are a few important dos and don’ts to keep in mind over the course of a personal injury case:

DO	DON’T
●      Seek prompt medical attention	●      Delay care because you think you’re “fine”
●      Take photos and videos at the scene of your accident if you are medically able	●      Forget to document the scene or potential evidence components
●      Report the accident if it took place at work, in a motor vehicle, or on someone else’s property	●      Wait until the last minute to make a formal report
●      Consult with an attorney ASAP	●      Assume you can handle your case without professional help
●      Be polite to insurers and others involved in your case without making any statements that could be used against you later	●      Give recorded statements to insurers or legal representatives without consulting an attorney first
●      File a claim within two years (less in some cases)	●      Ignore or push the envelope on filing deadlines

 

A proactive approach can help you maximize your chances of success in a personal injury lawsuit, as well as provide knowledgeable, reliable legal support. Every choice you make after an accident can have major implications for the outcome of your case, so you should tread carefully, lean on the professionals, and stay one step ahead of all requirements and deadlines.

Final thoughts

If you want to be successful in your Alabama personal injury lawsuit, you’ll need to take a swift, all-hands-on-deck approach. Getting acquainted with the requirements and procedures prior to filing can save you valuable time down the line and help you avoid making any errors that could compromise your ability to recover compensation.

At Martin & Helms, our Huntsville personal injury lawyers are known for providing hands-on, compassionate support for accident victims throughout every step of the legal process. Whether you’re just beginning to consider filing a claim or are ready to take the next step in your fight for compensation, our experienced team can help you set achievable goals and move through the process with greater confidence.

If you or a loved one was injured in an accident, and you believe another person’s negligence was to blame, give us a call today or fill out our online contact form to schedule a consultation with a member of our team. We’re here to talk to you about your options and help you get the clarity you need to make an informed decision about what comes next.