If you have been injured in an accident, it is vital to understand the Alabama personal injury laws. These laws can be complex, and specific rules apply to personal injury cases.
This blog post will discuss some of the critical aspects of Alabama personal injury law, including one that stems from a car accident. We will also talk about the rights and responsibilities of the plaintiff in a personal injury case.
What Is Negligence?
One of the critical concepts in Alabama personal injury law is negligence. The plaintiff must prove that the defendant was negligent to win a case. This means that the defendant failed to meet a duty of care owed to the plaintiff.
It usually has four elements. The first is the duty of care. The second is a breach thereof, which means the defendant did not exercise reasonable care in performing their duties.
The third element is causation, which means that the defendant's actions or lack thereof were directly responsible for causing injuries to the plaintiff. Finally, there are damages, such as medical bills and lost wages due to the injury.
To illustrate this, consider car accidents. For example, a driver may be considered negligent if they fail to stop at a red light. If that driver causes an accident, they may be liable for the damages caused to other drivers and passengers.
Contributory Negligence
Alabama is one of only a few states that follow contributory negligence. This means that if the plaintiff was partially responsible for their injury, they might not recover damages.
For example, a driver was speeding and failed to pay attention when the light turned red. It caused him to collide with another oncoming vehicle and develop injuries.
However, if the court finds out that they are also at fault, regardless of how trivial the mistake is or how severe the injuries they sustained, they may not sue for damages.
Statute of Limitations
The statute of limitations refers to when an injured party can file a personal injury lawsuit. Each state has its statute of limitations for various types of cases.
In Alabama, the statute of limitations for personal injury cases is two years. This means that you must file a lawsuit within two years of the date of the injury.
Understanding personal injury law in Alabama can be complex. If you or a family member has been injured, consult with an experienced personal injury attorney. They will help you understand your rights and responsibilities as the plaintiff in a personal injury case.