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Personal injuries can be caused by many different circumstances in Alabama, but the results often have tragedy in common. Whether you've been hurt in a car accident or injured by a dangerous product, serious injuries often demand serious -- and expensive -- medical care. The future of you and your family may suffer in other ways, as well; if you lose your ability to work due to an injury, or lose key functions necessary for your quality of life.

Because of the very devastating nature of personal injuries, the question most commonly asked after someone has been hurt due to the fault of another is -- do I have a case? The most reliable answer will come from consulting an experienced attorney. Birmingham personal injury lawyers with the Belt Law Firm have seen numerous personal injury cases, and their experience has led them to compile this brief guide to important Alabama injury laws. This is by no means a complete summary of all injury legislation, but these highlights can help you determine whether your case merits legal consultation.

Proving Negligence

This is an important issue, because most cases require that you prove the responsible person or party who caused your injuries was negligent. According to Alabama law, this means:

1. The person or party responsible for your injury had a duty not to cause you harm

2. The person or party failed in that duty

3. You suffered injury

4. Your injury was a direct result of the responsible person or party's failure of their duty

Contributory Negligence

Alabama law incorporates the pure doctrine of contributory negligence. This means that if you were careless and that carelessness played a role in your injury, you are said to have contributory negligence. This also means that you won't be entitled to receive any financial compensation.

Strict Liability and Defective Products

If your injury occurred as a result of a defective consumer product, the seller of the product may be responsible under the doctrine of "strict liability" if the product is considered unreasonably dangerous. Alabama law requires that you prove:

1. The product was defective, and the defect caused it to be dangerous -- as opposed to a product that everyone understands is dangerous, such as a carving knife.

2. You used the product as it was intended to be used

3. You suffered injury

4. Your injury was a direct result of the product defect

Joint and Several Liability

Joint and several liability mean that every person or party who was responsible for your injury is liable for the entire amount of your damages.

Expert Testimony

In most Alabama medical malpractice cases, expert testimony is necessary to establish negligence. Medical malpractice happens when a medical provider fails to provide the accepted standard of care, therefore an expert witness such as another doctor is necessary to explain what the standard of care is for a specific medical procedure. The exception would be cases where common knowledge would be sufficient to understand that a doctor failed in that standard of care.

Wrongful Death

Unlike many other states, all damages awarded in wrongful death cases in Alabama are considered to be punitive (meaning to punish) instead of compensatory (to compensate for your injuries). Punitive damages are traditionally associated with deliberate or malicious behavior on the part of the person or party responsible for the injuries - but in an Alabama wrongful death claim, proving this deliberate intent is not necessary.

Types of Damages

Alabama law allows you to file a claim for:

1. Medical expenses -- actual expenses you have incurred at the time of the lawsuit, in addition to any expenses you are estimated to incur in the future

2. Time lost from work, including time spent at medical appointments or therapy

3. Any property damage that occurred as a result of the injury-causing event (such as a car accident)

4. The cost of hiring someone to do household chores if you were unable to do them because of your injury

5. Permanent disfigurement or disability

6. Emotional and physical pain and suffering

7. Loss or change in your future earning ability caused by the injury

8. Any other costs that you incurred as a direct result of your injury

Alabama laws may seem complex, but an experienced Birmingham personal injury lawyer can help you navigate the legal process and prepare a case that protects your best interests. The statute of limitations on personal injury cases in Alabama is two years, and negotiation between your attorney and the legal counsel of an insurance company can take a good portion of that time. If you or a loved one has suffered from a personal injury in Alabama, don't hesitate to contact a lawyer for an evaluation of your case immediately.

This article was submitted by Deirdre Reedy on behalf of Belt Law Firm, P.C.

Belt Law Firm, P.C.

Belt Law Firm, P.C., represents victims of personal injury, bad faith insurance, workplace issues and other practice areas in Alabama, Tennessee, Colorado, and New Mexico. Firm attorneys have also provided legal counsel to clients in Georgia, Florida, Arkansas, Delaware, Mississippi, and Texas. The firm has more than 65 years of trial experience in federal and state courts.

To learn more about Belt Law Firm, P.C., visit http://www.beltlawfirm.com