If you have previously been physically or emotionally injured in Alabama because of another man's mistake, did you know that you can file a claim against him/her and even receive monetary compensation? These lawsuits are referred to as Alabama personal injury lawsuits. But remember, each & every case is different. Therefore, it is very important that you speak with an Alabama personal injury lawyer in order to clear up any grey areas with regards to your claim.
So what exactly do you need to prove in such lawsuits?
When you are seeking monetary compensation there are 4 things which have to prove if you want to be successful:
1. The first thing you need to prove is that the person at fault owed you a 'duty'. In the case of a car accident, the driver who was at fault had a duty to pedestrians and other drivers around him/her to drive safely. Calling an experienced car accident attorney is the right way to go.
2. The next thing you need to prove is that the person did not perform the above mentioned duty. You also need to prove how the person's actions were negligent or reckless.
3. The third thing you need to prove that you were harmed. This harm doesn't only include physical injury. It can also include emotional or mental injury, pain & suffering, lost wages current as well as future medical bills, etc.
4. And lastly, you need to prove how that individuals failure to perform their duty caused you harm. For example, if you're at an amusement park & get injured while on a ride that is faulty, you need to prove that the ride was faulty and that it wasn't your recklessness which caused you injury.
If any of the above mentioned points can't be proved beyond reasonable doubt, you won't be able to win an Alabama accident or personal injury claim.
One other very important thing that you need to keep in mind is the time limitations. In general the limitation period is of two years. But there is something called the statute of limitations which brings in certain technicalities into the situation. Here they are:
1. Medical malpractice statute- Under this statute you get two years for filing a medical malpractice claim in Alabama but there is an exception known as the discovery rule. Under this rule, if you did not know of the damage which was caused by a member of a medical team and discover it after the 2 years have expired, you will still get six additional months for filing a lawsuit. But the maximum time within which you can file a claim is 4 years.
2. Fraud statute- The discovery rule can also be used in cases where there was fraud which prevented you from learning about an injury you suffered and filing a claim. You get two years from the time you find out about the fraud to file a lawsuit.
3. Disability statute- An incompetent or insane person is given a period of three years after their disabilities are removed to file a claim. This rule remains the same even if the disabled person has an appointed guardian.