6 Personal Injury Lawsuit Facts You Should Know

Dec 31, 2024 - Personal Injury by Cross & Smith

Personal injury is a legal cause of action based on tort law. It allows plaintiffs to recover for the injuries they suffered due to the negligence or willful or intentional misconduct of the defendant or defendants. Personal injury in Alabama includes such things as medical malpractice, vehicle accidents, swimming pool injuries, and other accidents or injuries related to you and your body. 

In Alabama, personal injury law is based both upon statutes and on case law. The following are important concepts you should understand if you decide to bring a personal injury lawsuit in the state of Alabama.

Elements of a Personal Injury Cause of Action

If you’ve been injured and are considering being a lawsuit against another party, these are the elements that you must prove:

• The person who injured you had a duty of care to you
• The duty of care was breached
• The breach was the proximate cause of your injuries
• Your injuries are compensable

The duty of care is obvious in most personal injury lawsuits. For example, all drivers on the road have a duty to follow the rules of the road and drive in a manner that will not endanger others. Similarly, doctors have a duty of care to their patients to provide medical services that meet the standard of care in their area. Property owners, whether public or private, have a duty not to endanger you if you are lawfully on their property. A Tuscaloosa personal injury attorney will help you understand if the circumstances of your case meet the necessary elements that must be proven.

Most Alabama Personal Injury Attorneys Will Take Your Case on a Contingency Basis

It’s very expensive to investigate a personal injury case and prepare for trial. But in Alabama, if a lawyer agrees to take your personal injury matter, in most cases, you will only pay if you win a settlement or at trial. If you win, the attorney or law firm will take from 33% to 40% of the compensation awarded to you. Because there are no upfront costs, most people who have a solid case can afford to pursue it. 

Alabama Has One of the Strictest Laws on Contributory Negligence in the Country

In many cases where a person has been injured, he or she has also been somewhat at fault. For example, let’s say you were injured in a car accident by a driver who drove through a stoplight. The other driver was clearly negligent, but what if you didn’t have your seatbelt on, so your injury was worse than it might otherwise have been? Or let’s assume you were injured in a workplace construction accident by a falling beam, but you had neglected to wear a hard hat. 

In many states, the jury or judge will apportion the fault, and your compensation will be reduced accordingly. So, as an example, if you were 30% at fault, your compensation would be reduced by 30%. But in Alabama, even if you were only responsible for 1% of your injuries, you would not receive any financial compensation. This is a very harsh rule, and other than Alabama, only Maryland, Virginia, North Carolina and the District of Columbia follow it. 

The only way to overcome this rule in Alabama is to try to prove that the defendant’s behavior was wanton, meaning that he or she had a conscious disregard for your rights or safety. 

Keep Your Eye on the Statute of Limitations

You can’t suffer an injury and wait forever to file a legal claim. At some point, your claim becomes “time-barred.” Legal claims are subject to a statute of limitations, and if you fail to file within the mandated time, you will forever be barred from bringing your claim. Different types of legal claims have different time limits. Personal injury actions in Alabama must, in most cases,  be brought within two years from the injury or from when you should have discovered the injury. Different rules apply for minors, and it’s important to promptly consult a Tuscaloosa personal injury attorney to understand your timeline. 

Can I Represent Myself in a Personal Injury Lawsuit?

You can represent yourself in a personal injury lawsuit in Alabama, but it’s generally not considered by legal experts to be a good decision. Lawsuits can be overwhelming with the amount of evidence required, the procedural schedule that must be followed, and the legal analysis required to make a strong and effective case. And given that most Alabama personal injury lawyers will represent you on a contingency basis and not require upfront payment, it generally doesn’t make sense to represent yourself. 

One exception is if your claim is $6,000 or less and you intend to file in Alabama Small Claims Court. A Small Claims Court trial is an informal proceeding before the judge and doesn’t require the same rigid and extensive evidentiary and procedural requirements of the other Alabama state courts. 

Most Personal Injury Lawsuits Settle

Many people worry about going to trial and testify about their personal injury matters. This is, understandably, a disconcerting situation. However, it’s important to know that the vast majority of personal injury cases are settled. In nearly all cases, settlement is with the defendant’s insurance company. Here again, though, it’s important to consult with a Tuscaloosa personal injury attorney before starting to negotiate with the insurance company or accept a settlement.

In many cases, the insurance adjusters offer plaintiffs too little with the hope that they will accept quickly. Or they delay a settlement offer in the hope that the plaintiff will get frustrated and worn down. These are tactics insurance companies use in order not to pay what a claim is worth. 

Contact a Skilled Personal Injury Lawyer Today

Here at Cross & Smith, our experience, talent and results put us at the top of the list of Alabama personal injury law firms. Contact us today to let us evaluate your personal injury matter and get you on your way to obtaining the most compensation possible.