After a car accident, it can feel like everything in an Alabama resident’s life is up in the air. They may be seriously injured and recovering from surgery or other arduous therapies. They could be out of work while they recuperate and concerned about money. They may feel sadness over losing out on valuable time and experiences with their loved ones. A car accident is an event that is far-reaching and pervades many corers of a victim’s life. One way that they may be able to get their life back on track is through pursuing their losses through civil litigation.
A lawsuit based on a victim’s losses may be possible for a car accident victim. Litigation can be complicated, however, especially when a person is still coping with the pain of their accident. While this post will give readers a great deal of information about filing lawsuits based on car accident losses, it does not offer any legal advice. Victims of motor vehicle accidents can contact attorneys to help them pursue their legal rights.
Fact #1: Filing a Lawsuit Involves Pleading Specific Elements
Anyone who has ever gotten into a disagreement with another person has probably had to explain their side of the story to a boss, a parent, or other authority figure. When a person files a lawsuit, they must offer a pleading that explains why the other person in the case is at fault. When pleading a claim based on personal injuries and losses, individuals often rely on the legal concept of negligence. To prove negligence, a person must successfully plead certain elements including:
- Breach of Duty;
- Causation; and
The failure of a victim to prove the elements of their claim may result in their loss of their case.
Fact #2: A Defendant Can Offer Defenses to a Legal Claim
The person who is blamed for a victim’s losses is called the defendant in the case. When a defendant learns that they are being sued and subject to litigation in the civil courts, they have an opportunity to explain their side of what happened. For example, a defendant may claim that the victim was also to blame for the accident that caused their harm. Alabama recognizes the affirmative defense of contributory negligence, which can prevent a victim from recovering any damages in their lawsuit.
Fact #3: There is a Time Limit on When a Victim Can File a Personal Injury Lawsuit
Most motor vehicle accident victims need to recover their financial losses from their collisions as fast as possible. Therefore, they may not delay in getting to court to plead their case. However, anyone who has suffered harm due to the negligent acts of others should know that Alabama has a 2-year statute of limitations on most personal injury actions. That means that if a person fails to start their litigation within 2 years after their accident, they may be barred from doing so in the future.
The general information contained in this post should not be read as legal advice. An attorney who works with personal injury clients and supports their claims for recovery may be consulted by any reader who requires help to understand their legal options.