The court will dismiss any lawsuit if it falls outside the statute of limitation regardless of the claims being filed. Alabama follows a “contributory negligence” policy for personal injury claims. This means that if you file a lawsuit in an attempt to be awarded damages and the jury in the case finds you in any way at fault for the accident, the case will be dismissed automatically. If the jury finds both parties at fault, then insurance claim adjusters have a position of leverage to settle the case for less. Most states follow a “comparative negligence” policy. This policy allows a person to be awarded damages if they are found to be less than 50% responsible for the accident. It is also important to note that Alabama requires all drivers to carry certain minimum amounts of liability insurance. When you are in an accident, you have three options in pursuing damages if you are injured as a result. You can file a claim with your insurance provider, file a third-party claim directly with the at-fault driver’s insurance carrier, or file a lawsuit in civil court. Consult either the insurance provider or a car accident attorney before choosing any of these options if you have been injured in the accident.

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This field is for validation purposes and should be left unchanged. Thousands of car accidents occur in Alabama each year. In the last decade, there has been an increasing trend in the total number of car accidents, so it is very important to understand your rights and options if you are injured in a crash. Our car accident lawyers can help you every step of the way. Alabama law places a statute of limitations on a person’s ability to seek damages in a personal injury lawsuit resulting from a car accident. Car accident personal injury lawsuits fall under the general wrongful injury law that states that any action by an individual to recover damages for wrongful injury is permitted to do so within two years of the incident. This also applies to accidents that resulted in the death of a driver or passenger. The statute of limitation begins on the day of the accident, so it is important to be mindful of the two-year deadline.

When your negligence claim is handled by a reliable, reputable firm, you get the best results. Gross Negligence - Doing something that is so careless that it shows a complete lack of concern for other people’s safety. Gross negligence is a serious type of negligence - it goes a step further than mere carelessness. Examples: Surgeon leaves a tool inside a patient, causing a massive infection. A texting drunk driver hits you in the rear driving at 100 miles per hour with the radio blasting. Comparative Negligence - Reduces the amount of damages that a Plaintiff can recover in a negligence-based claim, based upon the degree to which the plaintiff’s own negligence contributed to cause the injury. Example: Car is hit by another vehicle that had a stop sign - the vehicle that did not have a stop sign still has some responsibility for driving slowly enough to keep a look-out.

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Vicarious Liability - This is when the somebody is responsible of the actions of another person or animal. Examples: Owners are responsible if their dog bites somebody. Negligence is the root of all individual injury lawsuits. A negligence lawyer or Queens Car Accident Lawyers often file this type of claim for victims. For more than 60 years Wittenstein & Wittenstein has been fighting persistently to help the residents of Queens and surrounding areas in filing claims and getting the highest compensation for their injuries. This particular duty was broken by the opponent when he or she failed to offer you the minimum level of care. It was the opponent’s action of negligence that leads to your injuries. Our negligence lawyers Queens and staff, at Wittenstein & Wittenstein are proficient in all the complexities of negligence law. In a claim of negligence, we allege that it was the opponent’s act of negligence that has resulted in the petitioners suffering an injury. To succeed, we must compile evidence that the defendant owes a duty towards you and was expected to show the appropriate level of care. Post was gen᠎erated　​by　GSA Con tent Gen er ator DEMO!