Birmingham Personal Injury Lawyers
Filing a Personal Injury Lawsuit
When someone else’s negligent or wrongful conduct causes you harm, you have the right to take legal action. At Mike Slocumb Law Firm, we fight to make sure that those responsible for your injuries and damages are held accountable for the life-changing pain, suffering, and financial losses you have endured. Our experienced personal injury lawyers in Birmingham proudly represent clients throughout Jefferson County, Shelby County, and all of the surrounding areas, providing personal attention and aggressive advocacy every step of the way. Our relentless approach to protecting our clients has helped us recover more than $500 million in settlements and verdicts—learn how we can help you seek the justice you deserve today.
On This Page:
- How Long Do You Have to File a Personal Injury Lawsuit?
- Proving Liability in Your Personal Injury Case
- How Is Pain and Suffering Calculated?
- Choosing a Personal Injury Lawyer
- Personal Injury FAQ:
Contact us online or call our office at (205) 236-2502 to request a free consultation with one of our attorneys. Hablamos español.
How Long Do You Have to File a Personal Injury Lawsuit?
After a serious accident or injury caused by someone else’s negligent or wrongful conduct, you only have a limited amount of time to seek compensation for your losses, or damages. Known as the “statute of limitations,” the deadline for filing a personal injury lawsuit in Alabama is just two years from the date of injury or the date on which the injury was discovered, with some exceptions. In most cases, if you fail to file your claim in court before the statute of limitations expires, your case will be dismissed.
The same statute of limitations applies in most wrongful death cases. In other words, if your spouse, child, parent, or family member tragically passed away due to the careless, reckless, or wrongful conduct of another, you only have two years from the date of death to sue for damages.
Although two years may seem like a long time, the reality is that those two years can fly by. Over time, evidence may be lost, and your memory of the event may fade. It can become increasingly difficult to prove your injuries, and the insurance company may use this to dispute or deny your claim. We strongly encourage you to reach out to our legal team as soon as possible after an accident, injury, or the death of a loved one. The sooner you discuss your case with our team, the sooner we can begin putting together evidence on your behalf, communicating with the insurance company, and fighting for the maximum compensation you are owed.
Proving Liability in Your Personal Injury Case
Proving liability is one of the most important elements of your personal injury case. “Liability” refers to the legal responsibility of another party to pay for your injury-related losses, or “damages.” These damages can be either economic or non-economic but, regardless, are compensated financially via either a settlement or court verdict.
To prove liability in your personal injury case, you must typically prove each of the following points:
- The person or party against whom you are bringing your claim (known as the “defendant”) had a legal responsibility to take or avoid certain actions that could cause foreseeable harm. This is known as the “duty of care.”
- The defendant failed to act or acted in a manner that breached the duty of care. Most often, this is proven by demonstrating that the defendant was negligent or acted wrongfully (i.e., illegally) in some way.
- The defendant’s breach of the duty of care was the direct or indirect cause of your injuries and resulting damages. This is known as “causation.” Inherent in proving this element of your case is proving that you did, in fact, sustain injuries and compensable damages.
In some cases, such as those involving defective products, you may not need to prove that the defendant was negligent to have a case. However, in most personal injury claims, including car and truck accident cases, as well as slip and fall claims, you must prove that the defendant’s acts or omissions were the cause of your injuries.