Personal Injury

Personal injury

If you were injured in Alabama, you may be able to recover compensation for your medical expenses, lost wages, and other losses from the party responsible for your injuries. Our personal injury lawyers will investigate the incident that caused your injuries, represent you in negotiations with insurance companies, and seek the compensation you need.

Contact Gina H. McDonald & Associates for a free consultation with an experienced and compassionate Alabama injury lawyer. You can rest assured that our team will handle your case as if it were our own.

Do I Have a Personal Injury Case?

You may have a personal injury case if someone else caused your injury through their actions or inaction. Personal injury lawsuits seek to compensate injured victims for losses suffered due to another party’s negligence, carelessness, or intentional actions.

However, something to keep in mind is that Alabama is a contributory negligence state. Under Alabama’s laws, you could be barred from recovering compensation if you are found to be even partly at fault for the accident. For this reason, it’s vital that you work with a skilled personal injury lawyer who can gather accident scene photographs, traffic and surveillance camera footage, witness statements, expert testimony, and other evidence that supports your claim.

Common Types of Personal Injury Cases We Handle

Our firm handles various types of personal injury cases throughout Alabama. Some of the most common cases we handle involve motor vehicle accidents, injuries on the premises of others, medical malpractice, product liability claims, workplace accidents, and wrongful death. No matter how your injury occurred, our lawyers are committed to helping you seek the compensation you deserve.

Motor Vehicle Accidents

Some of the most common roads where accidents occur in Alabama are I-65, I-20, and I-59. If you were injured in a car, truck, motorcycle, or bus accident, whether you were a driver, passenger, cyclist, or pedestrian, you can seek compensation for your injuries through an auto insurance claim filed against the at-fault driver’s liability coverage policy. Alabama requires the following minimum liability coverage:
  • $25,000 per person for bodily injury
  • $50,000 per accident for bodily injury
  • $25,000 per accident for property damage

Premises Liability

Premises liability cases arise from injuries caused by property hazards. If you slipped and fell, were bitten by a dog, or were injured by another dangerous condition on someone else’s property, you can hold the property owner or manager liable for your injuries.

While all property owners must keep their properties safe to some extent, commercial property owners must make sure their properties are free from hazards to their customers. Proving that a hazard existed and that the property owner knew or should have known about it and failed to take steps to fix it or to warn you about it is key in these cases.

Medical Malpractice

When you undergo surgery or other medical treatments, you trust that your doctor and the supporting medical staff won’t cause you further injury. Unfortunately, this can and does happen, leading to significant injuries, medical complications, and malpractice claims.

To successfully recover compensation through a medical malpractice case, it’s crucial to have plenty of medical evidence, including X-rays and MRI scans, medical professional testimony, and treatment records.

Product Liability

If a defective product caused your injuries, you may be able to hold the manufacturer strictly liable through a product liability lawsuit. Under strict liability, you only need to show that a defect existed and contributed to your injury, rather than proving the manufacturer acted negligently. Types of defects recognized by Alabama Code Section 6-5-521 include:

  • Manufacturing defects
  • Construction defects
  • Design defects
  • Assembly defects
  • Installation defects
  • Warning defects
  • Instruction defects
  • Marketing defects

An experienced lawyer can help you establish that the defect existed by working with experts, such as mechanical engineers, who can identify the defect and its cause. Your medical records will also be important for connecting the defect to your injury.

Workplace Accidents

If you’re injured at work, you may have a workers’ compensation claim, a third-party personal injury lawsuit, or both. Workers’ compensation is a no-fault insurance system covering most employees in the state. In exchange for eligibility for workers’ comp benefits, employees cannot sue their employers for their on-the-job injuries.

However, if you are an independent contractor, your employer isn’t required to carry workers’ comp insurance, or a third party caused your injuries, you can file a personal injury lawsuit. Our lawyers can help you identify what type of case you have and take the necessary steps to seek compensation.

Wrongful Death

When a loved one dies due to injuries caused by someone else, you can seek compensation for your loss through a wrongful death lawsuit. While related to personal injury, wrongful death lawsuits are separate legal claims seeking to compensate surviving family members for things like funeral and burial expenses, loss of income and benefits, and loss of guidance, care, and companionship.

Compensation Available for Personal Injury Victims

After sustaining an injury in Alabama, you can seek compensation for your losses. This compensation falls into two main categories: economic and non-economic damages. “Damages” is another word for compensation.

Economic Damages

Economic damages are the compensation sought for losses with tangible value. Those are losses like past and future medical expenses, lost wages, and loss of future earning capacity caused by your injuries’ impact on your ability to work. Calculating the value of these losses involves adding up bills and the wages you are no longer receiving.

It’s important to keep track of all bills and expenses related to the accident so your lawyer can calculate an accurate amount of compensation to seek through your lawsuit or insurance claim.

Non-Economic Damages

Non-economic damages are the compensation sought for losses with intangible value. By their nature, these losses are subjective and challenging to put a price on. For example, losses you can seek non-economic damages for include the physical pain and suffering you experience due to your injuries, the mental distress caused by the accident, and the long-term impact your injuries have on your daily life, such as if they result in a permanent disability.

To maximize your compensation, you must work with an empathetic personal injury lawyer who can understand your pain and the difficulty you experience because of your injuries. Only then can they accurately place a value on your non-economic losses.

Statute of Limitations for Personal Injury Lawsuits

Under Alabama Code Section 6-2-38, injury victims have two years from the date of the accident to file lawsuits against the parties responsible for their injuries. Failing to file your lawsuit within this period will result in the courts preventing you from recovering compensation, so it’s crucial that you begin working with a lawyer as soon as possible.

By working with a lawyer soon after your injury, you give them the time necessary to gather evidence and build a strong case before the filing deadline. This can significantly impact the outcome of your case and the compensation you could receive.

Contact Our Alabama Personal Injury Lawyers

If someone else injured you in Alabama, contact Gina H. McDonald & Associates for a free consultation with a knowledgeable and caring personal injury lawyer. We’ll review the details of your case, walk you through the steps involved in seeking compensation, and answer your questions so you know what to expect going forward.