A personal injury can have a serious impact on one's ability to live, work, care for family members, and carry out the functions of daily life. Filing an injury claim is the first step in getting the compensation necessary for the victim to recover and move forward. But, personal injury law can be a complex subject to navigate, and Alabama has its own laws governing claims.

What Are the Components of Injury Claims?

All valid claims meet four factors, as defined by Alabama personal injury law. First, there must be an established duty of care, implicit or unspoken, on the part of the individual responsible for the injury; for instance, a store owner has the duty to provide a safe environment for their customers.

Second, the duty must have been breached in some way; a store owner might breach their duty by not tending to a spill that causes a customer to fall and break an arm.

Third, there must be a direct relationship between the breach of duty and the injury; in this case, this will be the neglecting of the spill and the slip and fall of the customer.

Finally, the injured party must have incurred verifiable damages from the breach of duty, such as medical bills and lost wages.

In Alabama, an injured party has two years from the date of the injury to file a legal claim.

What Is Shared Fault?

Alabama is one of only a handful of states that follow the doctrine of contributory negligence regarding personal injury law. This means that the victim can legally be found to be at least somewhat responsible for their injuries, and this will disqualify them from winning any damages at all.

If a store owner put orange cones around the spill to alert customers of the danger, the victim may still ignore these barriers and proceed into the spill. Their refusal to exercise adequate caution, signaled by the presence of the cones, could make them partially responsible for a broken arm. While they may not be fully liable for the injuries, they may be ineligible for compensation.

How Do You Determine Damages?

Compensatory damages are determined based on the severity of the injury and its effects on the victim's life. The costs of medical bills and ongoing medical care, lost wages, and pain and suffering will also be reflected in the damages awarded.

In Alabama, there is no cap on how much an individual can be awarded, except with punitive damages. Punitive damages only come into play in cases where the victim can prove the other party acted maliciously and with intent; the limit is three times the compensatory damages or $1.5 million—whichever is higher. If you sue a municipality for an injury, the limit is $100,000 in damages.

Ray T. Kennington, Attorney at Law, will help you navigate the intricacies of personal injury law. He has been serving the Ozark and Enterprise, AL, areas since 1982. Call (334) 445-1200 or visit his website to schedule a consultation.