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Albright Rainey Law Firm Blog

Monday, December 22, 2014

Personal Injury

 

An Overview
Personal injury is any injury on the body of a person. It has a distinct name to differentiate it from property damage or damage to reputation. Personal injury claims fall within Tort law, and it must be noted that causing or contributing to a personal injury is not a crime, as personal injury only covers unintentional and negligent acts that cause injury. Crimes involve intent, a higher burden of proof and if a person were to injury another intentionally that would be assault and battery.

Personal Injury in Alabama

Automobile accidents are the most prominent cause of personal injury. It can involve anything from soft tissue injuries to a damaged nerve ending or blood vessel to severe brain injury or amputation. Furthermore, the law allows an estate to file a personal injury claim if the victim is killed in the accident. This means that the family or loved ones of a victim can make a claim to the other party. The best course of action in this particular situation would be to go to a lawyer who has experience in tort law.

Making a Claim

There are certain legal rules governing where and how one can make a claim for personal injury. Notwithstanding certain exceptions, the claim should be filed in a court of the area where the injury took place.

The state of Alabama has a Statute of Limitations for personal injury, which dictates that a victim has two years to file for a claim; this means two years from the day the injury manifested itself. After the claimant files a complaint in court, the defendant is served with the proper documents to make him/her aware of the charges. This usually happens within 30 days. The defendant is also given a chance to file a response and submit it to the court before the actual proceedings commence.

Damages

Since Alabama is a mandatory auto-insurance state - meaning that the law mandates automobile owners to have automobile insurance – the insurance company is generally responsible for the damages of the party at fault. The damages recoverable for a victim of personal injury include; medical bills, pain and suffering, disability and rehabilitation costs, lost wages and loss of potential earnings. Since each case results in a different type of injury the type of damages vary case by case.

Contributory Negligence

Alabama has a very strict application of contributory negligence. Contributory negligence means that the victim partially contributed to the accident. In a case, the court determines the fault of parties, and if it ascertains that the victim was even 1 percent at fault, he/she can receive no damages for the injuries. The other party needs to be 100 percent at fault for a successful claim in damages for personal injury in the state of Alabama.

 

General Advice

Personal injury cases can range from fairly simple injuries to complex long term disabilities. The cases involve different considerations and therefore, a claimant stands a much better chance of securing adequate damages if he/she has good legal representation. When looking for a personal injury lawyer, it’s good to look for someone with experience in tort cases, and preferably in personal injury claims. If you’re looking for legal representation in Alabama, Albright Rainey Law Firm has remarkable personal injury lawyers. Contact them today at (888) 769-2006.

 





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