If you have been injured in Alabama at the hands of another person’s carelessness you may be able to file a lawsuit against that person and receive financial compensation. This is known as an Alabama personal injury lawsuit. Every case is unique. Talking with an Alabama personal injury lawyer will clear up any specifics about your claim.
What You Have to Prove
When seeking financial compensation for Alabama personal injuries you and your attorney must prove four (4) things in order to succeed. They include:
The person who caused your injury owed you a responsibility, otherwise known as a ‘duty’. For example, in a car accident lawsuit, the at fault driver had a duty to all other drivers and pedestrians to drive safely.
The person failed to carry out that responsibility or duty. You must prove that what the person did to cause your injury was reckless or negligent.
You must prove you were harmed or in other words suffered ‘damages’. Damages are not limited to physical injuries. Rather, they can include mental or emotional injury, lost wages, pain and suffering, current and future medical bills and more.
The other person’s failure to carry out the duty they owed caused your injury. For example, if you are injured at an amusement park and you are injured on a faulty ride, you must prove the ride caused the injury as opposed to your own recklessness.
If any one of these cannot be proved beyond a responsible doubt you will not be able to win any type of Alabama personal injury claim.
Time Limitations for Filing a Claim
The general time frame for filing an Alabama personal injury lawsuit is 2 years. However, there are some technicalities involved and different time frames, known as the statutes of limitations. Below are the different Alabama personal injury statutes of limitations:
Medical Malpractice Statute – You have 2 years to file an Alabama medical malpractice claim with the exception of the discovery rule. If you lacked knowledge of the harm caused to you by a medical staff and discover it between 2-3 and a half years after the malpractice you still have six months to file a claim. A claim cannot be filed in Alabama for medical malpractice after 4 years even with the discovery rule.Children under 4 have until their 8th birthday to file claim with a maximum of 4 years.
Defective Product/Product Liability Statute – You have 2 years to file an Alabama defective product (product liability) claim, but the discovery rule applies to exposure to, or ingestion of, harmful substances. With the discovery rule the statute of limitations will not start running until you should have discovered the injury. For example, if your lungs are injured by inhaling harmful fumes you may not discover your injury until you develop lung inflammation. However, if you develop a cough, for example, and don’t see a doctor for several months or years later the statutes may have began running when you developed that cough.
Fraud Statute – If any type of fraud was used (and can be proved) in preventing you from learning of the cause of your injury and in turn filing an Alabama personal injury claim the discovery rule applies. You have 2 years from the the time you learned of the fraud or withheld information to file your claim.
Disability Statute- Insane, or incompetent people have 3 years after removal of disability. If plaintiff has multiple disabilities, the SOL does not run until all disabilities are removed. Disabilities apply even if a guardian is appointed. The statute of limitation does not run during the absence of the one who cause the injury.
These are general guidelines and every case is unique. If you think you fall under one of these statutes or have a general claim you should waste no time contacting an Alabama personal injury lawyer.