If you were in a car crash, then you might have considered a lawsuit. However, lawsuits can play out differently depending on the state that you are filing in. Some states (such as Alabama) have particularly strange or unique laws that can dramatically change the strength of a lawsuit. Here are some such rules that you need to familiarize yourself with if you plan on filing an auto accident lawsuit in Alabama:
Contributory Negligence
One of the biggest hurdles that you will encounter is the legal concept of contributory negligence. According to this doctrine, you cannot get any money at all if you played any role in your injury.
This differs dramatically from other states, which allow you to get a portion of the money that you ask for. In general, this is proportional to your level of fault, so if you were 15% to blame, then you would only get 85% of the money that you asked for.
However, in Alabama, you will not get any money if the defense can prove that you were even 1% or 2% responsible for your injuries, which means that you need to build an absolutely bulletproof case if you want to win in Alabama.
The Statute of Limitations
You have 2 years to file your lawsuit, which is fairly short compared to other states. You may need to hurry and gather evidence quickly if you are nearing the end of that term, which might require the services of a lawyer. A simple consultation can help you figure out what you need to do and whether a lawsuit is even the right choice for you, given the extremely strict consequences of contributory negligence.
Caps on Damages
Fortunately for you, Alabama is on your side when it comes to damages. Alabama used to cap damages, but such caps have since been ruled unconstitutional, meaning that you can ask for as much money as you want.
When combined with contributory negligence, this creates a rather interesting philosophy towards personal injury lawsuits. The barrier to file is very high, but if you can file, then you can get as much money as you need.
At-Fault Insurance
Finally, it's critical to know that you are in an at-fault state when it comes to filing your lawsuit. You might have heard of no-fault states where you cannot file a lawsuit until certain criteria have been met, but that is not the case in Alabama. You can file a lawsuit or an insurance claim for any accident, although your odds of winning will depend almost entirely on the circumstances of your injury. Contact a lawyer, like Gomez May LLP, for more help.
