Thousands of car accidents occur in Alabama each year. In the last decade, there has been an increasing trend in the total number of car accidents, so it is very important to understand your rights and options if you are injured in a crash. Our car accident lawyers can help you every step of the way.
Car accidents can cause injuries that may leave you entitled to personal damages that can include the following:
Pain and Suffering
Lost Wages and Income
Medical Expenses Resulting from Injury
Funeral and Burial Costs
Loss of Enjoyment
Alabama law places a statute of limitations on a person’s ability to seek damages in a personal injury lawsuit resulting from a car accident. Car accident personal injury lawsuits fall under the general wrongful injury law that states that any action by an individual to recover damages for wrongful injury is permitted to do so within two years of the incident.
This also applies to accidents that resulted in the death of a driver or passenger. The statute of limitation begins on the day of the accident, so it is important to be mindful of the two-year deadline. The court will dismiss any lawsuit if it falls outside the statute of limitation regardless of the claims being filed.
Alabama follows a “contributory negligence” policy for personal injury claims. This means that if you file a lawsuit in an attempt to be awarded damages and the jury in the case finds you in any way at fault for the accident, the case will be dismissed automatically. If the jury finds both parties at fault, then insurance claim adjusters have a position of leverage to settle the case for less. Most states follow a “comparative negligence” policy. This policy allows a person to be awarded damages if they are found to be less than 50% responsible for the accident.
It is also important to note that Alabama requires all drivers to carry certain minimum amounts of liability insurance. When you are in an accident, you have three options in pursuing damages if you are injured as a result. You can file a claim with your insurance provider, file a third-party claim directly with the at-fault driver’s insurance carrier, or file a lawsuit in civil court. Consult either the insurance provider or a car accident attorney before choosing any of these options if you have been injured in the accident.