The term “personal injury” seems pretty straightforward. It
is an injury to the person or individual, as opposed to an injury to property,
whether real estate or personal belongings. But the term means much more,
as it relates to a legal claim. In the legal context, a personal injury
is caused by the negligence or recklessness or someone else. The concept
of a personal injury claim involves many important factors which should
be considered and discussed with your personal injury attorney before
determining whether it is feasible to bring such a claim to court.
State law governs personal injury claims
Depending on where your personal injury occurred, there are statutes and
other laws that will apply to your claim, including when you must file
your claim, what you must prove, and the type of compensation to which
you may be entitled. The laws in each state can vary tremendously, so
never assume that the laws in the state where you live are the same as
the laws in the state where you may have been injured.
Important personal injury rules in Alabama
One of the most important rules, regarding personal injury claims, is the
“statute of limitations.” This law establishes the time limit
for filing a personal injury lawsuit, which in Alabama is two years from
the occurrence of the injury, in most cases. If your lawsuit is not filed
within that time, it will be time-barred, meaning your claim will be dismissed.
Shared fault for personal injuries in Alabama
Alabama is one of a few states that continues to follow the "contributory
negligence" rule. The way this rule works, if the injured person
shares any of the responsibility for the injury, it is possible the injured
person may not recover anything. So, if there is any possibility that
the other party may claim you should be blamed for your injuries in some
way, it is important that you consult an experienced personal injury attorney
to assist in litigating your claim.
If you have questions regarding a personal injury matter, contact us
online or by calling the Law Office of Cody R. Wix, LLC, at (205) 381-4787.