AL personal injury case & accident info
Alabama, just like any other state, has its share of accidents, negligence and other incidents that can turn your life upside down. Are you facing a new normal now? Maybe you’re wanting to help out a friend who really needs support?
If you had an accident or are sorting out the possibilities of bringing a personal injury suit in the state of Alabama, Enjuris offers answers.
Alabama personal injury law: the basics
- How to find the perfect Alabama personal injury lawyer
- How to file a personal injury lawsuit in Alabama
- Alabama negligence & contributory fault laws
- Overview of the Alabama court system
- Types of personal injury damages available in Alabama
- Damage caps in personal injury lawsuits
- Alabama statutes of limitation
- How to calculate the value of your injury case
- How to calculate pain and suffering after an accident
- Resources to help you after an accident
- Frequently asked questions about personal injury lawsuits in Alabama
Accidents & injuries in Alabama
Car accidents
View all articles- Alabama Car Accident Compensation Laws
- Alabama Boat Accident Laws and Personal Injury Claims
- Alabama Distracted Driving Car Accidents: A Guide
- Alabama DUI Laws, Penalties & Car Accident Compensation
- Alabama Hit-and-Run Car Accident Laws for Victims & Perpetrators
- Alabama Minimum Car Insurance Laws, Requirements & FAQs
- Alabama Pedestrian Accident Laws: Who’s At Fault?
- Alabama Plane Crashes & Aviation Accidents: Your Legal Options
- Guide to Alabama Bus Accidents and the Law
- How to Recover Damages After an Alabama Train Accident
- Who’s Liable for a Bike Accident in Alabama?
Other vehicle accidents
View all articles- 5 Critical Steps to Take After an Alabama Bus Accident
- Alabama Boat Accident Laws and Personal Injury Claims
- Alabama Pedestrian Accident Laws: Who’s At Fault?
- Alabama Plane Crashes & Aviation Accidents: Your Legal Options
- How to Recover Damages After an Alabama Train Accident
- Who’s Liable for a Bike Accident in Alabama?
- Alabama Large Truck, Semi, Tractor-Trailer Accident Claims
- Alabama Motorcycle Laws, Crash Facts, and Compensation
Need a lawyer?
More resources for Alabama readers
Alabama statutes online
This is where you’ll find the state of Alabama’s laws, which determine how long you have to bring a lawsuit, any caps on damages you can claim, and so on.
Alabama’s car accident statutes of limitation
In Alabama, you have two years to bring a lawsuit for personal injuries and two years to bring a lawsuit for property injuries. Keep this in mind when filing your claim.
Your whole lawsuit doesn’t need to be finished in two years; you just need to have filed the initial paperwork.
Car accident lawsuit time limits by state
Alabama damage caps
Damages are what victims collect as compensation after a loss or injury. This is either an award from the jury after deliberation or a settlement between parties prior to the completion of litigation.
Alabama used to have limits on damages in personal injury cases, specifically medical malpractice. However, these caps were deemed unconstitutional by the Alabama Supreme Court in Moore v. Mobile Infirmary Ass’n, 592 So. 2d 156 (Ala. 1991). As of this writing (May 2018), there are no damage caps in the state, excluding punitive damages.
Punitive damages are intended to punish a defendant who acted with malice or ill intent. In Alabama, one must illustrate “clear and convincing evidence” (which is a higher bar than it sounds) that the defendant acted with “deliberate or conscious malice.” The caps on this type of recovery are three times the amount of compensatory damages or $1.5 million, whichever amount is greater.
Other civil actions besides personal injury have a limit of three times the amount of compensatory damages or $500,000, whichever is greater. See Ala. Code § 6-11-21.
If a claim is against a municipality, such as a town, city or county, there is a hard limit of $100,000 in recovery.
| Type of Damages | Type of Cases | Limits | Statute |
|---|---|---|---|
| Economic (medical bills, lost wages, etc.) | Personal Injury | None | N/A |
| Non-economic damages (pain & suffering, mental anguish, etc.) | Personal Injury | None | N/A |
| Punitive damages (to punish for malice or ill intent) | Personal Injury | 3x the amount of compensatory damages or $1.5 million, whichever is greater | Ala. Code § 6-11-21 |
| Exceptions | |||
| Claims against a municipality, such as a town, city or county | Personal Injury/Civil | $100,000 | Ala. Code. § 11-47-190 |
| Worker’s compensation | Personal Injury/Civil | $843 per week | Ala. Code. § 25-5-68(c) |
| Products liability | Personal Injury/Civil | No pain and suffering | Ala. Code. § 6-5-520 |
Accident worksheets
Your First Meeting with an Attorney
A worksheet to prepare for your first meeting with a personal injury attorney – what to bring, what they'll ask
Download in PDF format
Documents & Evidence Checklist
Checklist of 30 items to help you prepare for making a personal injury or accident claim
Download in PDF format
Personal Injury Attorney Interview Sheet
Worksheet with questions to ask a personal injury attorney to help determine if he or she will be a good fit for your case
Download in PDF format
Damages/Expenses Worksheet
Damages worksheet to track expenses for your injury claim (medical treatment, property damage, lost wages, prescriptions)
Download in PDF format
Post-Accident Journal Form
Sample accident journal/diary to help you document the effect on your daily life
Download in PDF format
Accident Report Form
Sample post-accident report form to keep in your glove box - fill out at the scene or as soon as you can after a car accident
Download in PDF format
Hiring a lawyer in Alabama
Consultations for personal injury representation – at least the first meeting, during which you and the attorney are deciding upon an official relationship – are usually free of charge. After that, lawyers work on contingency. This means that their office will receive a third of whatever the client receives, plus office expenses.
If the case goes to trial, sometimes the number rises to 40% of the eventual reward or judgment. These numbers aren’t set in stone, so don’t be taken aback if your lawyer suggests something different. Do be taken aback if those numbers are very, very different.
Want to hire a lawyer and need some help?
Check out some of our best articles:
Personal injury law basics
What is personal injury? Common questions answered. Accident & personal injury case/claim basics: read about money, insurance, liability, negligence, timing, lawsuit, settlements. Read more
Read our complete guide to finding the right injury attorney for your case. Read insights from Enjuris attorneys and lawyers across the USA on when and why you need to hire a car accident attorney. Learn more
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Law libraries in Alabama
There’s a lot you can achieve on your own in a law library. They have specially-trained legal librarians who are eager to help, and every book on case law, statutes and regulations should be available for your perusal. They usually even have computers with complementary LexisNexis or Westlaw accounts that you can use for legal research. Check it out: