Personal injury litigation is subject to different regulations in every state. To bring a case in Alabama it is very important that you consult an experienced Alabama personal injury lawyer, who can guide you through the states unique laws.
Personal injury litigation includes many types of action, including car accident cases, defective products cases and medical malpractice cases. A personal injury claim in Alabama can arise from negligence or intentional wrongdoing.
In Alabama you must prove four elements to win any negligence case:-
1. The defendant owed you a duty
2. The defendant did not fulfill that duty
3. The defendants breach of duty resulted in your injuries
4. You suffered 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 contribution from other defendants through legal action.
Alabama has enacted limitations on the punitive damages that a plaintiff can receive in a civil case. Punitive damages cannot exceed three times the total compensatory damages in any case in Alabama. If no physical injury was sustained punitive damages cannot exceed $500,000. If a physical injury was sustained punitive damages cannot exceed $1.5 million. Punitive damages against a business worth less than $2 million cannot are 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 states statute of limitation.
If you are considering pursuing a claim in Alabama you need the counsel of a personal injury attorney who understands the nuances 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.