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Alabama Personal Injury LawThe following summary of Alabama personal injury laws and case examples will help you understand important aspects of injury claims in this state.Alabama Statute of Limitations:Personal Injury: 2 years for negligent conduct.Medical Malpractice: 2 years for a claim and 6 months from discovery of the injury. Product Liability: 1 year; if it is due to the discovery of a harmful substance, 1 additional year is added. Intentional Torts: 2 years. Caps on Personal Injury Awards in Alabama:Non-economic personal injury awards in the state of Alabama are limited to 3 times damages, up to $1.5 million dollars.Alabama Serious Injury Threshold:There is no serious injury threshold in the state of Alabama.Alabama is a Fault state and follows the pure contributory negligence system, which means that the plaintiff can only receive compensation if they don't share any of the liability for the accident. Personal Injury Claims & Theories of Liability in Alabama:Wrongful Death: If someone dies as a result of the negligence of another regardless of whether it is due to an automobile accident, medical malpractice or premises liability, that party may be liable to the victim's estate for the wrongful death of the victim.Slip and Falls: If a property owner fails to maintain his or her property in a safe condition free of obvious dangers or those that would be discovered upon reasonable inspection, the property owner will be liable to the injured party under the theory of premises liability. Auto Accidents: All drivers owe a duty of care to others to operate their vehicle in a non-negligent manner. When they breach this duty and damages occur, the driver or owner of the vehicle will then be liable to the injured party. This is severely limited however in the state of Alabama which follows the pure contributory negligence system which does not allow the plaintiff to be at fault in ANY way. Medical Malpractice: When assessing breach of duty of care, you must prove whether the doctor exercised that degree of care normally exercised by a doctor of similar experience and education in the community. Product Liability: Strict liability is the standard applicable to products liability cases in the state of Alabama. When a product fails in the manner in which it was intended, manufacturers, distributors and designers can be held strictly liable for any injuries that result. Workers' Compensation: In Alabama, all employers must carry workers compensation insurance. If one of their employees is injured in the scope of employment, this insurance will cover medical expenses and settlements. For More Information Check out these sites: Alabama State Government Alabama Insurance Department Return from Alabama Personal Injury Law to all Personal Injury Laws Return from Alabama Personal Injury Law to Personal Injury Claims How Much Is Your Case Worth? Find out NOW! Complete this form for a FREE case review by an experienced attorney... The accuracy of information on this site is not guaranteed. Information on this site is strictly opinion and should not be considered formal legal advice. Under no circumstances should the information on this site be used to make decisions about the proper course of a legal matter. Click below to read our full User Agreement, Disclaimer and Copyright Information.
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