Personal Injury in Alabama

In many states personal injury liability is determined by levels of involvement.  Each person is told what percentage of the blame, or negligence, they are responsible for.  The amount that they pay, if anything, is based entirely on that percentage.  This is done to keep things in perspective and to punish the offending parties for their, specific, part in the injury.  The law in Alabama is very different and is designed to protect the injured party to the maximum extent.

 

Alabama Personal Injury at a Glance

Alabama Personal Injury Laws

Statute of Limitations

2 Years
Damages Recoverable Lost wages, future earning ability, medical expenses, property damage, pain and suffering, cost of household help
Strict Liability Product manufacturer may be liable for injuries caused by a consumer product
Joint Liability Each defendant liable for percent of damages as determined by court
Contributory Negligence Pure Contributory Negligence: If plaintiff is found even partly at fault, no damages will be awarded

Understanding Contributory Negligence

Before you begin to celebrate and file your claim in Alabama it is important that you understand Alabama’s stance on contributory negligence.  While the state of Alabama believes in caring for injured individuals, it does not believe in caring for individuals that caused their own injury.  This is a direct departure from states that allow injured parties to be 50 per cent responsible for their own injury or more in some situations.

With this pure doctrine, Alabama will not forgive any carelessness that contributed to your injury.  If you are found to have even the slightest involvement or be at fault in even a small way you will not be able to receive any compensation.  Now that you understand this do not file a claim for personal injury in Alabama unless you are absolutely blameless.

Joint and Several Liability Policy

In the state of Alabama, once you have proved that you were injured and that the failure or negligence of another is responsible for your injury then they will be held responsible.  If there were several individuals who are found to be responsible for your injury then they all will be held equally responsible.  Each person found responsible will be held personally, and individually, liable for the entire amount of the injury and the judgment against them.  They will not be able to benefit from sharing different percentages of the responsibility to pay the entire amount of the judgment.

Malpractice and Wrongful Death

The personal injury laws in Alabama are extremely clear on the subject of malpractice.  If medical malpractice is alleged then an expert testimony will be necessary unless the doctor’s error is blatantly obvious and easy for anyone to recognize.  When wrongful death is awarded after malpractice has been proved the damages are considered punitive.  The defendants do not have to be proved to be willfully negligent and each will be held liable for the judgment in its entirety regardless of their individual level of involvement.

For more specific information about your case, contact an Alabama Personal Injury Lawyer.

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