You need to be aware of the legal rules that govern your case if you are ever involved in a personal injury lawsuit in the state of Alabama. For instance, Alabama abides by a statute of limitations, and this simply means that a timeframe is imposed or allocated to every person who wants to file a personal injury lawsuit in the state. In Alabama, you have two years from the date of your accident or injury in which to bring a formal case in a court of law.
If you do not file your case within the two-year period, your case will probably be time-barred, the court will refuse to hear your case, and ultimately, you lose your opportunity to claim compensation. So, it is very important that you take note of the two-year statute of limitations in Alabama.
Another scenario that you should anticipate is the fact that the defendant will likely try and place some of the blame of the accident squarely on your shoulders. While many states abide by laws that allow both the plaintiff and defendant to share some degree of blame for the accident, in Alabama, you are subjected to the contributory negligence law.
The contributory negligence law basically means that if the defendant can prove that you are even one percent at fault for your personal injuries and you did play a part in the accident, then you will not receive compensation for your injuries at all. Therefore, it is advisable that you speak to a Birmingham injury attorney prior to filing a lawsuit against the defendant. An experienced lawyer will be able to advise you on what your chances are of winning the lawsuit.
If you are involved in a personal injury case in Alabama, you should take note of the fact that there are no limits placed on compensation for damages. Furthermore, if you can show clear and convincing evidence of malice, then you may even be entitled to punitive damages. Punitive damages are referred to as pain and suffering, loss of enjoyment of life, and other non-tangible damages.
Dog owners are strictly liable for any injuries that their dog causes to any other individual. This law in Alabama is referred to as the “one bite” rule.
If you are bringing a lawsuit against a government entity in the state of Alabama, then there are a separate set of procedures that you must follow if you want to get compensation. A personal injury attorney will advise you of how to get started on your Alabama injury lawsuit. So, get acquainted with the personal injury laws in Alabama and ensure that you have your facts prior to filing a lawsuit.