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Notice For: Anyone who has been injured in an accident.
Personal injury matters
Every person has a duty to act reasonably and not put others in harm’s way by behaving in a manner that is negligent or reckless given the circumstances they are in. When someone does not meet that obligation and their actions cause a physical or emotional injury to another, the victim may be entitled to financial compensation for the harm they suffered.
The most serious injuries – such as traumatic brain damage, the loss of a limb, or severe disfigurement – demand the most significant compensation because they can result in intense and lasting pain and a reduced quality of life.
Common types of personal injury cases
- Defective consumer and industrial products (household products, machinery)
- Defective medical products (medical devices, medicines)
- Food poisoning
- Gun injuries
- Medical malpractice (birth injuries, missed diagnoses)
- Public transportation incidents
- Slip and fall accidents
- Sports concussions
- Theme park accidents
- Toxic exposure (environmental contaminants)
- Traffic accidents (cars, trucks, motorcycles)
- Workplace injuries
This is not an exhaustive list. Injuries that qualify for a lawsuit can happen in any setting or situation.
Statute of limitations
Every state has laws limiting how long an injured party can wait before filing a claim alleging a personal injury and requesting compensation.
In Alabama, the statute of limitations is 2 years.
Workplace Injuries, Traffic Accidents, and Animal Attacks
Workplace Injuries
Any injury that occurred at work during an employee’s duties will likely be covered by the employer’s compensation insurance regardless of who was at fault for the event.
However, if a third party that was not directly associated with the employer contributed to the injury, a claim can potentially be made against them.
Alabama Car Accidents
Under Alabama’s fault or “tort” system of law, the person responsible for a car accident (or their insurance company) must compensate the injured parties for their losses. This is opposed to the “no-fault” system followed by some other states, which limits litigation after an accident.
Alabama’s fault system means you have three options after being injured in a car accident:
- Submit a claim with your insurance carrier for losses that are covered by your policy.
- File a third-party claim with the at-fault driver’s insurance company.
- File a civil lawsuit against the at-fault driver.
Alabama Dog Bite Law
Certain animal attack personal injuries, notably dog bites, are covered by state statutes. Some states have what is called a “one bite rule,” which protects dog owners to some degree the first time their pet bites and injures a person if the animal has never shown aggression or bitten anyone before.
Alabama does not follow this rule, however, and instead makes the owner “strictly liable.” This means that regardless of the animal’s past behavior, the dog owner is responsible for a personal injury caused by their dog.
Compensation
After successfully settling their case or receiving an award in the form of a judgment, the injured party can be compensated for their suffering, including through ongoing payments for lifetime medical care if it is needed and payments to offset a reduction in their earning capacity caused by the injury.
Some states apply a shared fault rule, which reduces the amount an injured party can be compensated based on their actions in causing or not preventing the accident.
Unfortunately, Alabama is one of the few states that still follows the “contributory negligence” rule, which can result in some harsh consequences for plaintiffs who bear any amount of responsibility for the accident that underlies their claim.
In essence, if a court finds that you are responsible for the accident that brought you to court, you may not recover anything at all from anyone else.
Get the Legal Guidance You Need to Recover From Your Injury
An experienced personal injury lawyer in Alabama can protect your rights to a settlement and ensure you receive the maximum possible compensation for any medical expenses, lost wages, loss of life enjoyment, loss of earning capacity, and potentially replacement or repair of damaged property.
The legal experts at Pond Lehocky Giordano will evaluate your case, consider all potential claims, identify possible defendants, and investigate the material facts surrounding the injurious event, including physical evidence, public records, witnesses, and expert testimony.
Most importantly, we will support you against insurance companies, opposing legal counsel, and in courtrooms – negotiating and advocating on your behalf to protect your rights and maximize your compensation.