Wetumpka, AL Personal Injury Lawyers
The personal injury attorneys at the law office of Frank M. Wilson have been fighting for the rights of injury victims in Wetumpka, Alabama for over three decades. If you have suffered an injury for no fault of your own, we can represent you, negotiate with the at-fault parties on your behalf, and fight relentlessly to recover every dollar you are owed.
Statute of Limitations for Filing a Personal Injury Claim in Wetumpka, AL
The statute of limitations for bringing a personal injury claim against a private individual or organization in Wetumpka, AL is two years. On the other hand, if you want to sue a government agency, the deadline is much shorter.
If you want to file a claim against a municipality, you must do so within six months from the date of the accident. If you want to file a claim against a county, you must do so within one year from the date of the accident.
This is one of the reasons why it is important for you to contact a Wetumpka, AL personal injury attorney as soon as you can after the accident. Any delay on your part can jeopardize your chances of filing the claim and recovering the compensation you deserve.
Exceptions to Personal Injury Statute of Limitations in Wetumpka, AL
The deadline for filing a personal injury claim in Wetumpka, Alabama can be extended under certain circumstances. These include:
- If the victim happens to be a minor, the deadline for filing the claim will start only after they turn 19.
- If the victim is not of sound mind, the deadline will only start after they are declared sane.
- If the at-fault party leaves town before a claim can be filed, their period of absence will not be counted as part of the two-year deadline.
Determining Liability in a Wetumpka Personal Injury Claim
Legally speaking, any person or entity that caused or contributed to your injuries can be held liable for your injuries. For instance, if you were injured in a car accident at the intersection of Highway 231 and Central Plank Rd, the negligent driver is the person who can be held liable for your injuries. If you were injured by a commercial truck on I-65 just west of Wetumpka, the driver or the truck company could be held liable, depending on the circumstances.
Similarly, if you were injured as a result of a dangerous condition on someone else’s property, the property owner or the person in charge of maintaining the property can be held liable. If you were injured by a defective product, the company that manufactured the product can be held liable.
In some car accident cases in Wetumpka, AL, multiple parties might have contributed to your injuries. In such a scenario, you can file a claim against all of them and seek compensation.
Damages You Can Recover in a Personal Injury Claim
As the plaintiff in a personal injury claim, you have the right to seek compensation for the economic (tangible) and non-economic (intangible) losses you suffered as a result of the accident. These include:
- Medical expenses (including the cost of transportation to Elmore Community Hospital or another area medical facility, diagnostic procedures, surgery, ER charges, and medication)
- Cost of follow-up treatment and care
- Rehabilitation expenses
- Cost of buying disability assistive devices and modifications to your vehicle and home (in the event of a physical disability)
- Cost of nursing care or assisted living (in the event of a serious physical or cognitive disability)
- Lost wages
- Loss of earning capacity
- Property damage
- Pain and suffering
- Mental anguish
- Diminished quality of life
Punitive Damages in a Wetumpka, Alabama Personal Injury Claim
Depending on the circumstances, you might be able to recover punitive damages from the at-fault party in addition to compensatory damages. If you can establish that the at-fault party acted in a malicious manner or acted with blatant disregard for the law and the safety of others, you might be awarded punitive damages.
It should be noted that the purpose of punitive damages is to punish the at-fault party and discourage others from making the same mistake. Under Alabama law, the maximum amount of punitive damages that can be awarded to a victim is limited to $1.5 million.
How Alabama’s Contributory Negligence Law Can Impact Your Claim
Alabama is one of the few states that still follow the doctrine of contributory negligence, which favors the at-fault party and undermines the rights of the victim.
Under the law, you are ineligible to receive any kind of compensation if you are found to be at fault for the accident – even to a small extent. For instance, if it is found that the at-fault party was 98% at fault for the accident and you were 2% at fault, you cannot recover any compensation.
This is the most important reason why you should never, ever file a personal injury claim by yourself. In the absence of effective legal representation, you will almost certainly be not able to recover any compensation, as the other side can easily blame you for the accident and get away with paying nothing.
Choose the Most Trusted and Reliable Personal Injury Attorneys in Wetumpka, Alabama
If you have been injured by someone’s negligence, the seasoned personal injury attorneys at the law office of Frank M. Wilson can fight for you and help you get the restitution you are entitled to. To find out how we can help you with your claim, call us today at 334-420-2931 or contact us online and schedule a free and confidential consultation.