If you have been injured due to another person or company’s negligence, then it is important to be aware of the laws that apply to your case. The laws that govern personal injury claims vary from  state to state, and understanding how they will influence your case is the first step in the process of recovering damages.

Firefighters helping an injured woman in a car

Damages caps are one of the most important concepts in a personal injury claim. The state of Alabama had previously instituted a law that limited the amount a plaintiff could claim in a personal injury case, but the state Supreme Court subsequently deemed this limit unconstitutional. As such, there is no direct limit on the damages that you can claim for your injuries.

Find out If You Have a Case

At Morris Bart, LLC, we can evaluate your case to find out if pursuing damages would be in your best interests. We can explain the laws that relate to your case and guide you through the process of recovering damages. To schedule a consultation with a Mobile personal injury lawyer from our firm, call 1-800-537-8185 today.

Is There a Punitive Damages Cap?

A judge may award punitive damages to a plaintiff if he or she can show that the defendant acted in a manner that was malicious, and not simply careless or negligent. It is not always easy to prove that a defendant acted in such a manner, but if you are able to do so, then your final compensation could increase.

There is a limit on the amount of punitive damages that any one individual can receive. According to Section 6-11-21, punitive damages in civil actions must not exceed three times the amount of the compensatory damages, or $500,000. If the civil action involves a physical injury to the plaintiff, then these damages may increase to a maximum of $1,500,000.

Municipal Liability Cap

According to Alabama Code 11-47-170, no city or town can be liable for personal injury damages, unless the injury resulted from negligence or carelessness. It may be possible to bring a claim against the city or town if you can prove there was a failure to remedy defects, or if the municipality should reasonably have known about a potential danger.

Even so, if a court determines that the municipality is liable for injuries, there is a limit on the amount of compensation that you can claim. An injured person may only claim a total of $100,000, and up to a maximum amount of $300,000 for a single occurrence.

Should I Hire a Personal Injury Attorney?

The benefits of hiring a personal injury lawyer extend beyond the paperwork. An experienced attorney will understand how to gather evidence, structure a claim and negotiate for the highest payout. If your case goes to trial, a lawyer with litigation experience can aggressively fight for a positive judgment.

If you were injured due to the negligence of another person, a company or a government entity, then it may be possible to recover damages in a civil lawsuit. Contact Morris Bart, LLC at 1-800-537-8185 to speak with a Mobile personal injury lawyer about your case.

July 7, 2015 | Categories: Legal Tips, Personal Injury |