August 16, 2024 / Personal Injury

8 Things To Know About Alabama’s Personal Injury Laws

8 Things To Know About Alabama's Personal Injury Laws

Suppose you suffer a personal injury in Alabama. In that case, you will need to file a claim against the responsible party, whether you were involved in a car accident, a slip and fall accident, or medical malpractice. Certain principles apply to almost all Alabama personal injury claims, especially those based on negligence (carelessness). Below are some fundamental principles of Alabama personal injury law.

  1. Auto Liability Insurance is Mandatory in Alabama

Like most other states, Alabama requires its drivers to purchase auto accident liability insurance in the following amounts:

  • At least $25,000 per person in bodily injury liability,
  • At least $50,0000 per accident in bodily injury liability and
  • At least $25,000 for property damage liability.

You are not required to purchase uninsured motorist insurance, but you must reject it in writing if you don’t want it.

  1. Alabama Applies an ‘At-Fault’ System to Car Accidents

Alabama is not a ‘no-fault’ auto accident state. If you suffer an injury in a car accident that is someone else’s fault, you can sue the driver or file a third-party claim against their liability insurance policy. You must prove that the other party was at fault to win your claim. 

Contributory Negligence Applies

Contributory negligence is a harsh doctrine that applies only in Alabama, North Carolina, Maryland, Virginia, and (mostly) the District of Columbia. Under the doctrine of contributory negligence, you forfeit all of your damages if you were even 1% at fault for the accident that injured you. 

On the other hand, you need not compensate an injured party unless you were 100% at fault for the accident. Even if you were 99% at fault, you owe the injured party nothing. 

  1. The Statute of Limitations Expires in Only Two Years (Most of the Time)

The statute of limitations sets the deadline by which you must either file a lawsuit or finalize a settlement. If the statute of limitations deadline passes and your claim is still pending, no court will hear your claim. In most cases, the deadline expires two years after the date of your injury. 

Consult with a lawyer about the exact expiration date of the statute of limitations deadline. 

  1. You Might Qualify for Punitive Damages

Like most states, Alabama allows punitive damages if the defendant’s conduct was sufficiently outrageous. You can win punitive damages if the defendant “consciously or deliberately engaged in oppression, fraud, wantonness, or malice….”

  1. Alabama Has a Small Claims Court

You can use Alabama’s small claims court if you demand no more than $6,000. Procedures are simplified because many small claims plaintiffs represent themselves instead of hiring a lawyer.

  1. Wrongful Death Claims Work Differently

If the victim of a personal injury dies from that injury, the personal injury claim becomes a wrongful death claim. The statute of limitations countdown doesn’t start until the date of death rather than the date of the injury. Close relatives file the lawsuit, and a court will divide the damages among survivors.

  1. Special Rules Apply to Government Claims

You can sue a government entity for personal injury in Alabama. You might sue a city, for example, for failure to properly install a traffic light whose malfunction caused your accident. Before you can file a lawsuit, you must file a written notice to the government entity you intend to sue.

  1. You May Need to Contact an Alabama Personal Injury Lawyer

If you suffered a serious injury or a large amount of property damage, you’ll probably need an Alabama personal injury lawyer to represent you. Although most people believe that lawyers are expensive, in personal injury law, things work differently. 
Under the contingency fee system, your lawyer will charge zero legal fees unless they win your case. Contact our experienced personal injury attorneys at Belt, Bruner, and Barnett to learn more about Alabama personal injury law.

For more information, please contact an experienced personal injury lawyer Belt, Bruner & Barnett Personal Injury Lawyers to schedule a free initial consultation today. We serve Shelby County, Madison County, Montgomery County in Alabama, and its surrounding areas.

We have convenient locations in Birmingham, Huntsville & Montgomery. Visit one of our offices today:

Belt, Bruner & Barnett Personal Injury Lawyers – Birmingham Office
880 Montclair Road, Ste 300,
Birmingham, AL 35213
(205) 206-5088

Belt, Bruner & Barnett Personal Injury Lawyers – Huntsville Office
116 Jefferson St. Suite 209
Hunstville, AL, 35801
(256) 666-4660

Belt, Bruner & Barnett Personal Injury Lawyers – Montgomery Office
7 Clayton St, Suite 200,
Montgomery, AL 36104
(334) 513-2110