Think of wrongful death as a personal injury claim in which the injured person is incapable of filing suit for financial compensation. Instead, the family of the decedent steps in to seek compensation on behalf of the person who died.
JASPER AUTO ACCIDENT LAWYER
Committed Alabama Auto Accidents Attorney
In the state of Alabama, there are rules regarding what you can recover if you are found to be partially responsible for causing a car accident. Commonly referred to as the “contributory negligence” rule, the state of Alabama prohibits you from receiving monetary damages if you are found to have played even a small role in causing the accident. In fact, if you are found to have been at all negligent in connection with the crash, you may not recover any compensation from the other party.
This rule may sound daunting, but don’t let it prevent you from pursuing a settlement or lawsuit. Attorney Don Bevill has the experience and know-how to help you evaluate your options and reach a conclusion as to what to do next.
Limits on Compensation
There are no limits on compensation for damages in injury cases against private parties, aside from those associated with punitive damages. For instance, in order to receive punitive damages in a personal injury case, you must prove that the defendant(s) acted with malice exceeding mere negligence. In Alabama, you must demonstrate “clear and convincing evidence” that the other party acted intentionally. Meeting this threshold requires the assistance of a skilled personal injury lawyer.
Filing a Suit Against the Government
If the party that injured you was an employee or agent of the state of Alabama, different time limits and procedures will apply when seeking compensation. Under Alabama state law, a personal injury claim against a government employee must be filed within six months of the date of the accident, and a suit against a county must be filed within one year of the date of the accident.