Most people focus 95 percent of their attention on healing after a serious injury. It is unlikely that your first thought in the next two weeks will be to hold someone responsible for your situation. You might be more concerned about work and paying your bills, or getting the kids to school. The thought of what caused the accident or incident will eventually come to you, as well as whether someone is responsible for your situation. Alabama’s legal system comes in handy here.
Alabama’s approach to personal injury
Alabama’s state law, as in other areas of the country allows for civil lawsuits to hold the other party responsible for any injury or property damage that could have been avoided. But, simply because an accident occurs doesn’t automatically make the other party responsible. Plaintiff, the suing party, must prove that the other party caused the accident, that there was negligence or a duty to care, or that intentional action or failure to take action caused harm. If all these elements are proved and the court agrees with them, the defending party may be subject to damages.
However, damages can also be legal works of law. Common belief is that the defending party gets 100 percent of the costs and penalties if they are found guilty. Both.
Here’s some background information about Alabama’s legal damages
In criminal cases, damages can be obtained by holding the defendant accountable for a crime and giving them time in jail as well as financial sanctions. A civil case, such as a personal injuries lawsuit in Alabama, does not involve jail. Instead, the defending parties must make financial payments to address loss and a punishing element in order to prevent another similar mistake.
Alabama’s suing party must list what damages are being sought from Alabama right away. The defending party is out of luck and the case will be closed. Instead, the plaintiff must identify the responsible party and state what they did to determine the actual damages (medical expenses, property loss, income loss, etc.). The punitive damages (the legal emphasis to stop the same mistake from happening again) and medical costs. The evidence in the case includes medical bills and documentation detailing what was spent to fix the damage. It also shows how much income the injured party lost due to being unable to work because of the injury.
The damages that are listed in an initial court filing in Alabama are technically described as follows:
- Compensatory Damages – All medical bills, lost income, loss of earning ability, property damage.
- Pain and suffering damage – These are the costs associated with injuries, emotional distress, mental issues, and anxiety that result from the injury. This category can further be broken down into physical pain that can be measured medically and emotional distress. Typically, this is evidenced by psychological issues that have been established and continue to exist since the injury.
- Punitive damages are an amount that is used to punish the person responsible for failing to behave better or not performing an act that should have been done. These damages can be applied when there is evidence of fraud, intentional injury, malice or lack of control or concern. These damages are not often applied if the case is an accident and there was no intent to inflict any harm.
Alabama’s sky is not the limit
Alabama also limits legal damages. The state of Alabama also limits punitive damages to three times the amount of compensatory damages. For example, if property is lost by $10,000, punitive damages cannot exceed $30,000 regardless of how bad the responsible party behaved. In Alabama, punitive damages are rare. Contrary to California, which allows punitive damages more freely, Alabama courts have a strict view of when punitive damages are allowed. The case must prove that the responsible party is intentionally out of control and can be prevented.
Alabama’s personal injury law allows for a range of damages. This is dependent on the strength and extent of the case. You can still claim substantial costs. However, if the evidence does not support the claimed value, the court will deny your request for damages and instead award a lower amount based upon what was provided in the documentation. It is important to consider the extent of the damage. Injuries that can have a life-altering impact are more likely to be sustained than those that are less serious, but that can be treated in a matter of months.
In personal injury cases, legal skill and experience are crucial.
There is no way to predict what an Alabama personal injury case will result in terms of recovery. The likelihood of a tort case resulting in damages increases if you have an experienced personal attorney who is familiar with the court system and can navigate through the procedures and case merits efficiently. The goal of personal injuries is to bring your life back to normal and prevent the same mistakes or carelessness from happening again. Caldwell, Wenzel & Asthana’s legal team has successfully represented clients in dozens of Alabama cases. We have helped them recover from all kinds of injuries. For a free consultation, call us. You won’t regret it.