Personal injury laws can be different from one state to the other. When you have been injured because of another person’s recklessness or negligence, it would be advisable to consult with a personal injury lawyer to make sure that your case is covered by the law in your state. Personal injury lawyers Yearout & Traylor, P.C. are trained in the laws and regulations in the Alabama area, and if you are a resident it would be best to talk with them.
The state of Alabama follows the same statute of limitations as other states, which is two years after the date of the accident. You should be able to file a personal injury claim or lawsuit against the defendant, otherwise the court will not entertain your case after the statute of limitations has expired. This would mean that you will have no legal right for compensation for the damages caused by the accident. In cases where the victim of the accident is a minor, the statute of limitations will not expire until he or she has reached the age of 19.
Alabama follows the contributory negligence rule, which means if you as the plaintiff may be affected if you have a share of responsibility for the accident. If the judge or jury has determined that you have contributed to the accident and the resulting injuries, you may have no legal right to ask for compensation for your damages, no matter how small your contribution to the accident may be. Talking with a personal injury attorney regarding the possibility of having the defendant use the comparative negligence rule may save you the trouble of wasting money and effort going to court. Additionally, it is important to discuss this possibility because it can help you decide whether you would choose to go to court of settle outside of court with the insurance adjuster.
Fortunately, the state of Alabama has no limitation on the amount of compensation that can be awarded. However, there are limitations set on punitive damages, since these are meant to punish and prevent future similar actions from the defendant as well as others. Punitive damages are only given when there is clear evidence that the defendant acted with malice or strong intent above negligence.Read More