Personal Injury Calculations In Alabama

May 30, 2025 - Personal Injury by Cross & Smith

Personal injury law in Alabama seeks to make individuals whole for the losses and damages they have suffered due to the actions of others. Personal injuries can be the result of car accidents, toxic torts, swimming pool accidents, and a variety of other types of accidents, catastrophic or not. In personal injury law, an act that creates liability for compensation can result from another person’s negligence, willful misconduct, or strict liability.

Negligence refers to the failure to act with the care that a reasonable person would exercise in a similar situation. The key elements of negligence in Alabama include:

• Duty of Care – The first step in any negligence case is demonstrating that the defendant owed the plaintiff a duty of care. In Alabama, a duty of care is the legal obligation to act in a reasonably safe manner to prevent harm to others. For example, drivers have a duty to follow traffic laws, and property owners must keep their premises safe for visitors. Establishing that the defendant owed the plaintiff a duty of care is foundational to any personal injury claim.
• Breach of Duty – After proving that a duty of care existed, the plaintiff must demonstrate that the defendant breached this duty. A breach occurs when a defendant’s actions (or failure to act) fall short of the expected standard of care. For instance, if a driver goes through a red light or a property owner fails to repair a broken front step, this may constitute a breach. In Alabama, a breach must be proven with specific evidence showing that the defendant did not act as a reasonable person would under similar circumstances.
• Causation – This is a crucial element that requires demonstrating a direct link between the defendant’s breach and the plaintiff’s injuries.
• Damages – Finally, to pursue a claim for negligence, the plaintiff must have suffered actual damages. Lost wages, medical expenses, emotional distress, and loss of consortium are all examples of actual damages. Without demonstrable harm, there’s no basis for a negligence claim. In Alabama, damages must be thoroughly documented and justified to support a case for compensation.

Willful misconduct refers to when a party intentionally does something, or intentionally fails to do something, knowing that injury is likely to result and disregarding that knowledge. It’s several steps of culpability beyond negligence. The same elements of duty of care, breach of duty, causation, and damages must be proven. 

If you are injured by a defective or dangerous product in Alabama, this situation is governed by a statute known as the Alabama Extended Manufacturer’s Liability Doctrine. In this situation, a plaintiff only needs to prove that they were using the product as intended and that the product contained a defective or dangerous condition. It’s not necessary to prove that there was a duty of care, a breach of the duty, causation, and damages. 

How Are Damages Calculated For Personal Injury in Alabama?

When assessing damages, the judge or jury will evaluate your economic and non-economic damages. 

Economic damages are those out-of-pocket and quantifiable costs that are the result of the personal injury. These include past and future medical costs, over-the-counter and prescription medications, rehabilitation expenses, retrofitting your automobile or home for any necessary adaptive equipment or appliances, travel to and from injury-related appointments, and similar expenses.

Non-economic damages are more difficult to quantify and can include speculative damages. Also called “mental anguish” damages in Alabama, non-economic damages in Alabama can include pain and suffering, emotional distress, loss of consortium and companionship, and similar types of damages. 

Alabama has no caps on economic or non-economic damages. It is frequently the case that the judge or jury may impose higher levels of economic and non-economic damages if the defendant engaged in willful misconduct rather than simple negligence. 

Alabama also allows for punitive damages in the case of particularly egregious behavior. Your Tuscaloosa personal injury lawyer may decide to pursue punitive damages when there is intentional misconduct, malice, wanton conduct, and similar types of situations. By law, punitive damages are limited in Alabama to three times the compensatory damages of the party claiming punitive damages or five hundred thousand dollars ($500,000), whichever is greater. If the punitive damages are awarded against a small business defendant, they may not exceed fifty thousand dollars ($50,000) or 10 percent of the business’ net worth, whichever is greater.

Factors That Will Be Evaluated

In all cases where a defendant engaged in negligence, willful misconduct, or strict liability, a judge and/or jury will evaluate:

• The severity of your injury or injuries – Are you scarred, damaged, or disfigured? Do you have nerve injury, a traumatic brain injury, ruptured organs, or broken bones?
• The duration of your injury – How permanent are your injuries? Are you likely to heal relatively quickly, or will you forever be in a wheelchair or be hampered by a limp?
• How will the injury impact your life? Will you need to find a different job or career because the injury has affected your mobility? 
• What is the intensity of your medical treatment? Is there a significant amount of pain associated with the treatment?
• What was your liability in the accident? Note that Alabama has a contributory negligence bar to recovering compensation. Even if you were only found to be 1% liable for the accident, you will be unable to recover any compensation. Unfortunately, this is a very harsh rule.

Compensatory damage awards are reflective of the harm you suffered, and are an attempt to make you as “whole” as possible after the injury. The average personal injury verdict in Alabama is $300,000. 

Contact a Skilled Personal Injury Lawyer Today for Immediate Assistance

It’s important to be aware that in most cases, you only have two years from the date of injury to prepare and file your case. Gathering evidence, taking depositions, interviewing witnesses, and handling all the details can take a lot longer than you expect. So, don’t hesitate to contact Cross & Smith, LLC, today to see how we can help you get the compensation you deserve. We have offices in Tuscaloosa and Birmingham for your convenience.