Huntsville Personal Injury Attorneys

What Damages Are Recoverable in a Personal Injury Claim?

Various damages may be recoverable in a personal injury claim. Common types of recoverable compensation include: 

• Pain and suffering
• Medical expenses
• Future treatment costs
• Loss of enjoyment of life
• Lost wages and earning capacity
• Permanent scarring or disfigurement
• Physical therapy and rehabilitative care

How Long Do I Have to File a Personal Injury Claim?

In Alabama, the deadline or statute of limitations for personal injury claims is typically two years from the date of the accident (Ala. Code § 6-2-38). Failure to file a timely claim can bar you from recovering damages. We highly recommend consulting with our attorneys as soon as possible to protect your right to compensation.   

Can I Recover Punitive Damages in a Personal Injury Claim?

Unlike standard compensatory damages, punitive damages are only awarded in limited circumstances where the defendant “consciously or deliberately engaged in oppression, fraud, wantonness, or malice with regard to the plaintiff” (Ala. Code § 6-11-20). 

Alabama law also imposes a cap on punitive damages, which limits recoveries to three times the compensatory damages or $500,000 (whichever is greater). We can evaluate your potential eligibility for punitive damages and help you gather “clear and convincing evidence” of egregious misconduct to support your claim. 

How to Prove Fault in a Personal Injury Claim

Suffering an injury is not sufficient to recover damages in a personal injury claim. Instead, the plaintiff is responsible for establishing liability “by a preponderance of the evidence.” In other words, you must show that the defendant’s negligence “more likely than not” caused your injuries to occur.

We can help you demonstrate the four necessary elements to prove liability, including: 

1. Duty of care. The defendant owed the plaintiff a duty of care, such as obeying traffic laws or maintaining reasonably safe premises for guests or visitors.
2. Breach of duty. The defendant breached their duty by acting negligently, such as running a red light or operating a motor vehicle while inebriated.
3. Causation. The plaintiff’s injuries would not have occurred if not for the defendant’s negligence.
4. Damages. The plaintiff suffered actual harm as a result of the breach.

My Loved One Was Killed in a Drunk Driving Accident on US-431. Can I Seek Justice on Their Behalf?

If your loved one was killed by a drunk driver on US-431, you may be entitled to seek damages in a wrongful death lawsuit. We can guide you through the filing process, help manage court appearances and legal deadlines, and fight for accountability while your family focuses on healing during this challenging time. 

Can I Recover Compensation in a Personal Injury Case if I Was Partially Responsible? 

Alabama is one of only a few states that uses a strict contributory negligence rule, meaning you cannot recover compensation if you are even 1% at fault for the accident. Unfortunately, many insurance companies place undue fault on victims in an effort to deny valid claims. We can challenge unfair fault allegations and negotiate strategically on your behalf to pursue a just outcome.