Personal injury claims encompass a wide variety of injuries from many different sources. These cases are typically thought of as any physical or mental injury suffered by an individual that is the result of another party’s negligence. The injuries and effects can be life changing. Often, you need an attorney that can help you recover medical expenses and loss wages while taking the stress of the legal process off of you. At Fortune & Beard, our main areas of personal injury practice are:
- Automobile Accidents
- Defective Products
- Dog Bite
- Premises Liability
- Social Security Issues
- Worker’s compensation
- Wrongful death
What does a personal injury case entail?
In personal injury cases, you’re entitled to your medical expenses, pain and suffering, mental anguish, lost wages, property damage, reduction in property value and so on. Some cases involve an injury that will cause long term problems. In those instances, you may be awarded money for future pain and suffering and future lost wages, as long as it’s not speculative. If there are circumstances where you can prove wantonness, willfulness, or a reckless disregard for your safety, you may also be entitled to a punitive damages award.
No matter the type of injury claim you have, there is no formula to determine an award amount. Many things are considered when determining how much a claim is worth. Our attorney’s will fight to recover for you, because we understand the emotional stress and monetary loss that can be associated with personal injury.
How long after an accident do I have to file a personal injury case?
In Alabama, certain claims must be filed within a certain time period, also referred to as the statute of limitations. Listed below are the statute of limitations for some of the more common personal injury claims.
- Wrongful Death– A wrongful death action must be filed within two years of the date of death.
- Personal Injury Actions– A personal injury action must be filed within two years of the date of the injury.
- Products Liability Actions– These actions must be filed within one year of the date that the injury occurred. However, in cases where the injury is not discovered before that time because it resulted from exposure to or ingestion of a harmful substance over time, the plaintiff has one year from the time that the injury is, or should have been, discovered to file suit. With regard to initial sellers, the action must commence within 10 years of the product being put into use unless this is waived in writing.
- Special Rules for Minors– Except in cases of medical malpractice or wrongful death, the limitations period begins to run on the minor’s 19th birthday but will last no longer than three years.