Common Types of Personal Injury Claims in Alabama and How to Navigate Them

When you are hurt in an accident that was caused by someone else’s negligence, the idea of dealing with the legal system can be stressful. Personal injury cases are complicated because each one has unique circumstances and has to be treated accordingly during the claims process. Knowing the most common types of personal injury claims in Alabama and how to navigate them can help you protect your rights as you pursue compensation.

For help with your personal injury case, don’t hesitate to contact the team at Caldwell Wenzel & Asthana, PC at (251) 444-7000.

What Is a Personal Injury Claim?

When someone suffers harm because of another party’s negligent, reckless, or intentional actions, the injured person (the plaintiff) can file a personal injury claim to recover compensation. The system offers a legal tool to hold negligent parties accountable and help victims rebuild their lives. In most cases, reimbursement can be collected for financial losses like medical expenses, lost time from work, and pain and suffering.

Alabama’s personal injury laws are unique from other states, mostly because of the state’s contributory negligence rule. Under this law, if the court finds the injured person even 1% responsible for causing the accident, they won’t be able to recover any compensation. Because of this, it’s critical for victims to have strong evidence and work with skilled legal professionals instead of trying to handle their cases on their own.

Common Types of Personal Injury Claims in Alabama

Auto Accidents

A large number of personal injury claims in Alabama stem from car crashes or some other type of vehicle collision. Careless drivers who speed, text behind the wheel, and drive while drunk or under the influence of drugs often cause accidents that lead to severe injuries. Victims face mounting hospital bills, lost income, and long-term physical and emotional problems. Alabama’s contributory negligence rule can greatly complicate these cases, so the injured person needs to be able to clearly prove fault.

Slips and Falls

Property owners in Alabama are legally required to keep their premises safe for visitors. When hazards like wet floors, loose carpets, or poorly kept walkways cause someone to get hurt, victims can file a premises liability claim. Success in these cases often hinges on proving that the property owner knew (or should have known) about the danger yet didn’t correct it.

Medical Malpractice

Mistakes made by nurses, doctors, and surgeons can have devastating consequences for the patient. Misdiagnoses, surgical errors, improper treatments, and medication mix-ups are all examples of medical malpractice. Victims in these cases face unusual challenges because they need expert testimony to prove that the healthcare provider’s actions didn’t meet the accepted standard of care.

Workplace Injuries

Accidents at work are another common source of personal injury claims. While Alabama’s workers’ compensation system offers benefits for injured employees, some cases involve the liability of a third party. For example, if faulty machinery or a subcontractor’s careless behavior caused the injury, additional claims outside of the workers’ comp system can be filed.

Product Liability

Unsafe products can cause serious injuries and illnesses. Faulty designs, mistakes in the manufacturing process, or insufficient safety warnings can make any party involved in the production and sale of these items liable for any harm caused.

Wrongful Death

Losing a loved one in a preventable accident is one of the most devastating experiences anyone can face. Alabama allows surviving family members to file wrongful death claims, which often focus on the goal of deterring similar behavior in the future.

Navigating Personal Injury Claims in Alabama

Seek Immediate Medical Attention

Your health and safety should always be your first priority after an accident. Even if your injuries seem minor or you think you feel fine, it’s best to see a doctor as quickly as possible. Some injuries can sneak up on you and cause problems before you realize there’s an issue. Getting treatment also starts a paper trail documenting your condition, and this will serve as some of the best evidence for your case.

Report the Incident

Notify the appropriate people about the incident. For example, if you were hurt in a car accident, file a police report. If you tripped while on someone else’s property, talk to the property owner or manager. This also helps establish a record of the event and shows that the situation is serious.

Collect the Proof

Strong evidence is the foundation of any personal injury claim. Take pictures and video of the accident scene, your injuries, and any dangerous conditions that contributed to the accident. Ask for contact information from witnesses and keep records of all the costs related to your injuries.

Understand the Deadline

In Alabama, personal injury claims generally have to be filed within two years from the date of the injury. If you don’t meet the statute of limitations, you could lose your right to collect compensation. However, certain circumstances can affect that deadline.

Strong evidence, timely reporting, and a clear understanding of your legal rights can greatly impact the outcome of your personal injury claim in Alabama.

Consult an Attorney

The legal system is confusing, especially when accounting for the state’s strict contributory negligence laws. A seasoned personal injury attorney can help by evaluating your case, negotiating with insurance companies, and representing your interests in court if it comes to that. They can also make sure you don’t miss any deadlines and all of the paperwork is filed correctly.

Avoid Common Mistakes

Be careful about talking to insurance adjusters or taking quick settlement offers. Insurance companies are more concerned about their bottom line and often try to reduce payouts, so their first offer likely won’t cover your losses. Hire an attorney before you make any decisions.

Protect Your Rights After an Injury

If you’ve been hurt in an accident that someone else caused, knowing the common types of personal injury claims in Alabama and how to navigate them is the first step toward healing and justice. With the right legal support, you can build a strong case and go after the compensation you deserve.

Don’t let the legal process deter you. Contact Caldwell Wenzel & Asthana, PC at (251) 444-7000 to schedule your consultation.