What Is a Personal Injury Claim?
If you’ve been injured due to someone else’s negligence or wrongful act, you might be entitled to compensation through a personal injury claim. Personal injury claims allow accident victims to seek compensation for damages resulting from injuries caused by another party’s failure to act reasonably.
This article explains what personal injury claims are, the process involved, and how a personal injury lawyer in Birmingham can help you navigate the legal landscape.
What Is a Personal Injury Claim in Alabama?
A personal injury claim is a legal action taken by someone who has been injured as a result of another party’s negligence or wrongful actions. This legal claim allows the victim to seek compensation for various damages, such as medical expenses, lost wages, pain and suffering, and emotional distress.
In Alabama, personal injury claims are typically resolved either through settlements or lawsuits. A settlement involves negotiations with the responsible party or their insurance company to reach an agreement outside of court, while lawsuits are taken to court for a judge or jury to decide the outcome.
The Essential Elements of a Personal Injury Claim
In order to succeed in a personal injury claim in Birmingham, you need to prove four essential elements of negligence: duty of care, breach of duty, causation, and damages.
Let’s explore each of these elements in more detail.
- Duty of Care. The first step is establishing that the defendant owed a duty of care to the plaintiff. This legal obligation requires a person to act in a reasonable manner to avoid causing harm to others. For example, a driver has a duty to follow traffic laws, or a property owner has a duty to maintain safe conditions on their property.
- Breach of Duty. Once the duty of care is established, the next step is to prove that the defendant breached this duty. A breach occurs when the defendant fails to uphold their duty of care. For example, a restaurant owner who fails to clean up a spill on the floor may be considered to have breached their duty of care if someone slips and gets injured.
- Causation. You must also show that the defendant’s breach of duty directly caused your injuries. This means you need to prove that the defendant’s actions (or failure to act) led to your harm and that there were no other factors at play.
- Damages. Finally, you need to prove that you suffered actual damages as a result of the accident. These damages can be financial, physical, or emotional. Common damages in personal injury claims include medical bills, lost wages, property damage, pain and suffering, and emotional distress. In cases of wrongful death, surviving family members may also seek compensation for their loss.
Proving these four essential elements is crucial to a successful personal injury claim, and an experienced lawyer can help you gather the evidence needed to support your case.
Common Examples of Personal Injury Claims in Birmingham, AL
Personal injury claims can arise from a variety of incidents. Here are some of the most common types of personal injury claims in Birmingham:
- Car Accidents: Whether caused by distracted driving, speeding, or drunk driving, car accidents are one of the most common causes of personal injury claims.
- Slip and Fall Accidents: Property owners in Birmingham have a duty to keep their premises safe. If they fail to maintain safe conditions, such as removing a hazardous spill, they may be held responsible for injuries caused by a fall.
- Medical Malpractice: If a healthcare professional’s negligence causes harm to a patient, the victim may pursue a personal injury claim. This could involve cases of misdiagnosis, surgical errors, or medication mistakes.
- Workplace Injuries: Employees who are injured on the job due to unsafe working conditions or employer negligence may file a personal injury claim.
- Wrongful Death: In tragic cases, family members may pursue a personal injury claim for the wrongful death of a loved one caused by the negligence or wrongful actions of another party.
A Birmingham personal injury lawyer will fight for compensation in minor or serious injury claims.
Statute of Limitations in Alabama
In Alabama, the statute of limitations for personal injury claims is typically two years from the date of the accident or when the injury was discovered. This means that you have two years to file a personal injury claim in court. It’s important to act quickly after an accident, as failing to file within the statute of limitations can result in losing your right to compensation.
How a Birmingham Personal Injury Lawyer Can Help
Personal injury claims help accident victims seek compensation for injuries, distress, and losses. Whether from a car accident, slip and fall, or malpractice, a skilled Birmingham lawyer can guide you through the legal process and fight for fair compensation.
Contact the Alabama Personal Injury Attorneys at Belt, Bruner & Barnett Personal Injury Lawyers.
Contact an experienced personal injury lawyer at 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 are located in Birmingham, Huntsville & Montgomery.
Belt, Bruner & Barnett Personal Injury Lawyers – Birmingham Office
880 Montclair Road, Ste 300,
Birmingham, AL 35213
(205) 973-6417
Belt, Bruner & Barnett Personal Injury Lawyers – Huntsville Office
116 Jefferson St. Suite 207
Hunstville, AL, 35801
(256) 781-9242
Belt, Bruner & Barnett Personal Injury Lawyers – Montgomery Office
7 Clayton St, Suite 200,
Montgomery, AL 36104
(334) 518-6098