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Pain and Suffering Damages in Alabama

Alabama personal injury laws allow accident and medical malpractice victims to sue for expenses other than medical expenses and legal costs. Victims experience pain and suffering, emotional distress, and disability due to their accidents. They can get compensation for these injuries.

A personal injury attorney includes non-economic damages and punitive damages when filing a claim. Alabama law has limits (known as caps) for these damages and statutes of limitation. This article reviews some of these laws and limits on damages.

Non-Economic Damages

Compensatory damages pay for all injuries that follow an accident. These include monetary losses like medical bills and lost income and non-monetary injuries like pain and suffering. Alabama categorizes all compensatory damages as "past, future, or punitive" damages. Non-economic damages may fall into any of these categories.

Non-economic damages are also called "mental anguish" damages. They compensate victims for the physical pain and the emotional toll an accident inflicts on their lives. Courts may find it difficult to put a dollar amount on these damages, so they're called "non-economic." Typical non-economic damages in a personal injury claim include:

  • Pain and suffering
  • Loss of enjoyment of life
  • Emotional distress
  • Loss of consortium and companionship

Punitive damages punish the defendant. Courts rarely award punitive damages in personal injury cases. Courts may award punitive damages according to state statute if the defendant acted intentionally or maliciously.

Types of Damages and Limits on Actions

Alabama has no caps on compensatory damages (both economic and non-economic) in personal injury cases. Courts calculate non-economic damages using either a per diem (per day) method or a multiplier method.

Alabama does not have compensatory damage recovery for wrongful death. Survivors can only recover punitive damages (Ala. Code § 6-11-21(j)). Wrongful death claims have a two-year statute of limitations (Ala. Stat. § 6-2-38).

Alabama's medical malpractice laws are complex. Alabama's laws specifically allow pain and suffering recovery in medical malpractice lawsuits. In these cases, there is a statutory damage cap of $400,000 on non-economic recovery. In 1991, the Alabama Supreme Court said that damage caps were unconstitutional (Moore v. Mobile Infirmary Association 592 So. 2d 156 — Ala: Supreme Court) and has refused to rehear challenges. But the laws have not been rewritten.

Plaintiffs in medical malpractice cases should consult a personal injury lawyer specializing in medical malpractice. The statute of limitations for these cases is two years.

Non-economic damages are unavailable for worker's compensation or product liability claims.

Contributory Negligence

Alabama is one of the few states that employs the strict traditional contributory negligence rule. Contributory negligence bars the injured party from any recovery if the injured party is at fault.

Contributory negligence is an issue in car accidents and other personal injury lawsuits. This is because most accidents have multiple causes. Victims should never discuss their accidents with insurance adjusters or others on the scene before speaking with a personal injury lawyer.

Get Legal Advice from an Alabama Personal Injury Lawyer

If you're the victim of a serious accident that left you with emotional pain and physical injuries, you're entitled to fair compensation for both. Get legal advice from an experienced Alabama personal injury attorney at once.

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