A lot of people fail to realize that personal injury laws and regulations can vary from state to state. In fact, procedure that can lead to a successful case in one state might be completely ineffective in another.
This article is about the state of Alabama and advice on how to handle your personal injury case if you live (or if the incident took place) in that state.
Please note that these are just tips and helpful hints, if you have real legal needs regarding personal injury in Alabama, you must contact a competent lawyer. But this article will address that too!
If You Were Injured…
Let’s start off under the assumption that you have been injured in the state of Alabama and the fault rests with an outside party. They either did something directly to you, or as a result of their negligence/incompetence you became injured.
Here are some things to do to properly prepare yourself for handling a case:
Secure witnesses to the event. If there were people around when the incident happened, be sure to have their contact information. Impartial external parties are a great way to prove your case.
Gather documentation. Any paperwork that is relevant to the case, have ready at hand. also be sure to take pictures of any injuries and of the scene of the incident if it is applicable.
Gain access to a competent Alabama personal injury lawyer. Find one that is local and skilled in your particular kind of injury. If you are unsure about how to find the best lawyer in your area, utilize a free service.
After consulting with your lawyer and with his/her guidance, be sure to make the offending party aware of the details of your ensuing legal case.
Protect yourself from further contact with the offending party and preserve your evidence as best as possible.
Alabama’s Negligence Statutes
When considering your case, realize that Alabama utilizes the contributory negligence doctrine when making decisions. That means the court and your opposition will be trying to locate any potential negligence or fault on your part that may have led to your injury.
Alabama’s Statute of Limitations
Every state has a statute of limitations which dictates how long you can wait before a lawsuit becomes nullified. The point of these regulations is to prevent people from trying to sue for matters that have taken place many years ago and have since grown stale (and difficult to prove one way or the other).
Alabama’s statute mandates that you file your lawsuit within 2 years of the event – Title 6, Ch. 2, 6-2-38 (l). That may seem like a long time, but if you were injured seriously a bulk of that time can be taken up by recuperation and rehabilitation, so it is critical to get the ball rolling as soon as possible.
There is no separate time allotment for libel and slander cases (while in some other states, significantly less time is allowed for these kinds of incidences).
An Alabama Lawyer’s Legal Process
Attorney’s in different states have certain protocols that they must follow, and Alabama’s sequence looks something like this:
* Initial investigation once contacted by a client (which is you)
* Securing of evidence, photographs, witnesses, etc
* Development of theories of liability and determining fault
* Preparation of initial documents which will lay out the lawsuit claims and desired compensation
* Deciding on case venue and serving documents to accused party
* Under Alabama law, the defendant has 30 days to file an answer to the complaint
* Initiation of discovery, which is a questioning of both parties involved
* Beginning of deposition, which is written record to be used in court
* The court case then proceeds and a verdict found