Alabama Personal Injury Primer

Feb 27, 2026 - Personal Injury by Cross & Smith

Personal injury law, also known as tort law, is a branch of civil law that holds defendants liable for their negligent, willful, or intentional actions that result in personal injury to a plaintiff. Personal injuries can include medical malpractice, dangerous products, car accidents, and other types of injuries.

In Alabama, a plaintiff must be able to show four legal elements in order to prevail. The first legal element is that the defendant owed the plaintiff a duty of care. The duty of care can be established by statutes, common law, or societal norms and standards. For example, a doctor has a duty of care to act in accordance with the protocols of his medical practice. A truck driver has a duty of care to drive as a reasonable person would, and follow traffic laws and the rules of the road. A retail shop owner has a duty of care to their customers and vendors to keep aisles free of impediments that are likely to cause slips and falls.

The second element is that the defendant must have breached the duty of care. That is, the defendant failed to act as a reasonable person would have, or has otherwise breached a relevant statute, common law, or societal norm or standard. This breach is where negligence is found.

The third element is that the breach of the duty of care caused the damage. This is known as “causation.”’ That is, but for the defendant’s negligence, the plaintiff would not have suffered any damages. 

The fourth legal element is that the damages are compensable. This means that the damages are not just “de minimis,” but that there is actually compensable damage that can be paid by the defendant to the plaintiff.

Types of Damages

There are three types of damages that are able to be obtained by a prevailing plaintiff. These include:

Economic Damages – Economic damages, also called compensatory damages, are meant to compensate the plaintiff for the out-of-pocket costs that he or she may have incurred. These include medical and rehabilitation costs, prescription fees, past and future lost wages, home care if required, property damages related to the personal injury, and similar types of damage. In most cases, these are relatively easy to calculate.

Non-economic Damages – Non-economic damages are more speculative and are, therefore, harder to calculate. These include pain and suffering, emotional distress, loss of consortium or companionship, and similar types of damages. 

Punitive Damages – Alabama allows punitive damages in cases where the defendant engaged in particularly willful, malicious, or intentional conduct that demonstrates a disregard for the safety and health of others. These damages are not meant to compensate the plaintiff so much as to punish the defendant for these extreme actions. Examples of situations in which punitive damages may be awarded include when a driver engages in drunk driving or when a manufacturer continues to make a defective product even after becoming aware that the product is capable of harming or has harmed people. The burden of proof is on the plaintiff to show that the defendant engaged in malice or wrongdoing through gathering witness testimony, expert opinions, and evidence of the defendant’s previous misconduct. A Tuscaloosa personal injury attorney can give you more information about how damages are calculated. 

Contributory Negligence in Alabama

It’s important to note that Alabama has very strict contributory negligence rules. If you played any role in the personal injury that you suffered, you will be barred from receiving compensation from the defendant. This is a very harsh rule and differs from most other states, which have a rule known as “comparative negligence.” In a state with comparative negligence, each party will bear its share of the respective fault in the compensation determination. For example, if a jury found that the vehicle accident verdict was $100,000 and the plaintiff’s actions were responsible for 20% of the injury, the compensation would be reduced from $100,000 to $80,000: $100,000 × 0.20 = $80,000.

The Statute of Limitations in Alabama

A statute of limitations, sometimes known in civil law systems as a prescriptive period, sets the maximum time within which a plaintiff can bring a lawsuit. In Alabama, a personal injury lawsuit must be brought within 2 years of the injury. These filing deadlines exist to encourage plaintiffs to file on time and to promote fairness in the legal process. And, of course, the statute of limitations prevents a defendant from being prosecuted long after the injury, when evidence and human memory may have faded. 

There are certain situations in which the general two-year statute of limitations is modified for personal injury claims. This includes situations in which a plaintiff may not have actual notice of the harm at the time of injury. This often occurs in a medical malpractice case, where the plaintiff has a delayed onset of symptoms, such as when a surgeon has left a sponge or a piece of equipment inside a patient. When the injured party is a minor under the age of 18, the statute of limitations may be tolled – or halted – until the minor reaches age 18. At that point, the injured person has 2 years to bring suit. The statute of limitations may also be tolled if the defendant intentionally concealed his wrongdoing.

Contact the Skilled Personal Injury Attorneys at Cross & Smith, LLC

As you can see, bringing a personal injury lawsuit can be complicated. If you’re a plaintiff, it’s important to identify whether the defendant actually had a duty to you and, in fact, breached that duty. It’s critical to determine whether you will be deemed to have been contributorily negligent in the personal injury, which will bar your claims. You must identify and prove your damages, whether economic and non-economic, and evaluate whether punitive damages might be available to you. And finally, your lawsuit must be filed within the appropriate statute of limitations. Contact Cross & Smith, LLC, proven experts in Alabama personal injury law, for a free consultation today.