Personal injury laws in Birmingham, Alabama, are governed by a combination of state laws and local regulations. If you’ve recently been injured and feel someone else is to blame, these laws are important to familiarize yourself with. Here are some key aspects of personal injury laws that pertain to Birmingham:
Statute of Limitations: In Alabama, the statute of limitations for personal injury lawsuits is generally two years from the date of the injury or discovery of the injury. In most but not all cases, you have two years to file a lawsuit seeking compensation for your injuries. Failing to file within this time frame can result in the loss of your right to seek compensation.
Take note that this doesn’t apply to all cases. If your injury involves a government entity or employee in Birmingham, such as a city bus accident or a slip and fall on government property, specific rules and deadlines apply. You typically have six months to one year to file a notice of claim against the government entity.
Comparative Fault: Alabama follows a contributory negligence system, which is one of the strictest in the United States. If you are found to be even 1% at fault for an accident, you may be barred from recovering any compensation. It’s crucial to consult with an attorney to understand how this rule may apply to your case. 1-800-Injured can connect you with a lawyer who will help you do so. We are a medical and legal referral service.
Caps on Damages: Alabama does not have statutory caps on non-economic damages in personal injury cases. Non-economic damages are things without a set dollar amount, like pain and suffering. There are caps on punitive damages in certain cases, which are limited to three times the compensatory damages or $1.5 million, whichever is greater. Punitive damages are rare and only given in extreme cases of blatant wrongdoing.
Dog Bite Laws: In Alabama, dog owners may be held liable for injuries caused by their dogs if the injured person can prove that the owner knew or should have known about the dog’s dangerous propensities.
Insurance Laws: Many personal injury lawsuits are from car accidents, which means car insurance companies are involved in the process. Alabama requires drivers to carry liability insurance, and it is an at-fault state for car accidents. This means that the at-fault driver’s insurance is primarily responsible for covering the injured party’s damages. Other injuries may also involve insurance companies, like being hurt at someone’s property that requires their homeowners insurance to step in.
It’s important to note that personal injury laws can change over time, and the specific details of your case may impact how these laws apply to you. If you’ve suffered a personal injury in Birmingham, it’s advisable to consult with an experienced personal injury attorney who is knowledgeable about Alabama law to understand your rights and pursue a valid claim for compensation based on the specific circumstances of the injury. Reach out to 1-800-Injured today in order to get started. Remember, you may not have long to do so.