Personal Injury Law in Alabama
Personal injury litigation is subject to various regulations in every state. To bring a case in Alabama it is very significant that you consult an experienced Alabama personal injury lawyer, who can guide you through the states unique laws.
Personal injury litigation involves many sorts of action, including car accident cases, defective products cases & medical malpractice cases. A personal injury claim in Alabama can arise from heedlessness or intentional wrongdoing.
In Alabama you need to prove four factors to win each negligence case:-
- The respondent owed you a duty
- The defendant did not fulfil that duty
- The defendant's breach of duty resulted in your injuries
- You experienced damages
In Alabama personal injury lawsuits you must show that your own negligence did not contribute to your injury. Alabama follows the doctrine of contributory negligence. This means that a plaintiff cannot recover damages for an injury if their own carelessness contributed to the injury.
Alabama personal injury law follows a doctrine of joint and several liability when determining liability between defendants. Joint liability holds all defendants responsible for the full amount of the damages. Under Alabama law, a plaintiff can recover the full amount of the damages from any liable party. The liable parties can seek contributions from other defendants through legal action.
Alabama has established limitations on the punitive damages that a plaintiff can experience in a civil case. Punitive damages cannot beat three times the total compensatory damages in any case in Alabama. If no physical injury was supported punitive damages cannot exceed $500,000. If a physical injury was supported punitive damages cannot exceed $1.5 million. Punitive damages versus a business worth less than $2 million cannot be limited to $50,000 and 10% of the value of the business, whichever value is higher.
In Alabama, you have two years to file a personal injury lawsuit under the state's statute of limitation.
If you are considering pursuing a claim in Alabama you need the counsel of a personal injury attorney who understands the differences of Alabama law. The sooner you begin working with an attorney, the easier it will be to build your case and reach a successful outcome.
John A. Tinney
Top Rated Personal Injury - Plaintiff Lawyer
John A. Tinney, Attorney at Law
Serving Anniston, AL
Experienced Super Lawyer specializing in personal injury cases. Call today