Hobbs Law, LLC represents personal injury victims. Incidents during which people are wrongfully harmed happen too often. We may be burdened with pain, grief, and questions in exchange for what is lost. The "accident" is sometimes because of corporate negligence or someone's failure to follow the appropriate standard of care. If so, the victim may have a case worth pursuing as a plaintiff.
Personal Injury Cases in Alabama
The plaintiff files the lawsuit against the defendant or alleged wrongdoer. More than one plaintiff and more than one defendant may be involved in a case. The lawsuit often will proceed in the state county or federal district where the injury occurred.
If a defendant is not a citizen of Alabama, the lawsuit may still proceed in Alabama. Jurisdiction over the defendant and "venue" for the lawsuit might involve complex legal issues.
The case may proceed in state or federal court, depending on the facts or allegations. For instance, the citizenship of the parties may land a case in federal court under certain circumstances.
The plaintiff may choose the court in which to file the complaint; however, the plaintiff should choose wisely. The complaint is a court document or pleading that contains allegations and causes of action.
Common Causes of Action in Alabama Personal Injury Cases
The complaint may contain more than one cause of action or count. For example, cases involving motor-vehicle collisions often involve counts for both negligence and wantonness. The different elements that must be proven depend on what is alleged. Different, common causes of action are described below.
- Simple Negligence. The defendant's act or failure to act is evaluated under the "reasonable person" standard.
- Statutory Negligence. The defendant must violate a written law enacted by the legislature or governing body that may be used to replace the "reasonable person" standard when the plaintiff falls under the "class" of persons that the respective law is intended to protect. The harm must be the type contemplated by the statute.
- Wantonness. The defendant intentionally acts or fails to act with knowledge that someone is probably at risk of being harmed or injured under the circumstances.
- Willfulness. The defendant must intentionally act or fail to act with a design or purpose to inflict injury.
- Strict Liability. Regardless of the defendant's mental state during the occurrence, the defendant may be liable if the plaintiff's injury occurs under certain conditions that are proscribed by law.
Burden of Proof
The plaintiff has the burden to prove a case with sufficient evidence. The burdens in civil cases are much less than in criminal cases. The burden of proof does not apply to a plaintiff's claims until a complaint is filed. Of course, settlement may be achieved before a lawsuit is filed.
Common Types of Personal Injury Cases in Alabama
There are many circumstances under which a victim may have a viable personal injury claim. The below examples are some of the most frequent types of personal injury cases.
- Motor Vehicle Crashes. Any incident that involves a motor-vehicle colliding with another vehicle, pedestrian, or object may give rise to a viable personal injury claim.
- Premises Liability. Unsafe conditions on a property may lead to serious injuries or death. The owner or controller of the property where the unsafe condition or danger exists may be liable for the harm suffered by the plaintiff.
- Dog Bites. The owner or controller of an aggressive dog may be liable to the victim if the owner or controller is aware that the dog possesses certain propensities when the attack occurs, regardless if it occurs on the owner's property or elsewhere.
- Product Liability. Product liability cases involve injuries caused by defective and dangerous products.
Damages in Personal Injury Lawsuits
A personal injury plaintiff makes a claim for a money award or "damages." The burden is on the plaintiff to prove the damages to the reasonable satisfaction of the fact finder. Damages may be proved by evidence and reasonable inferences from the evidence. Damages comprise a crucial element of any personal injury claim.
There are different types of damages that may be claimed. The different types of damages include compensatory damages and punitive damages.
Compensatory Damages
Compensatory damages are awarded for the purpose of compensating the plaintiff for the harm caused by another's wrongful conduct. Compensatory damages can be further divided into two categories, as discussed below.
- Economic damages. These damages compensate the plaintiff for financial harm. Some examples are loss of income, future earnings, future earning capacity, and medical expenses.
- Non-economic damages. These damages compensate the plaintiff for subjective losses. Some examples are physical pain and suffering, mental anguish, and permanent injury and disfigurement.
Punitive Damages
Punitive damages or exemplary damages may be awarded in cases where the defendant's conduct was egregious. The purpose of a punitive damage award is to punish and deter the defendant and others from doing the same or similar wrongs in the future.
Contact a Personal Injury Attorney Today
Attorney Dillon Hobbs is licensed in Alabama state and federal courts, and he is here to listen to you. Contact Hobbs Law today by using the online form or calling us at 205-683-2892. We will schedule a Free Consultation to discuss your case and to get it moving forward to avoid costly delays.