Birmingham Personal Injury Lawyers — Felicetti Law Firm, Alabama

Alabama applies the harshest negligence rule in the United States, and it applies it to a state where I-20, I-59 and I-65 converge in downtown Birmingham and carry interstate freight through the middle of a city. Those two facts together explain most of what is distinctive about an Alabama injury claim.

One Percent of Fault Ends an Alabama Case Completely

Alabama is a pure contributory negligence jurisdiction. If the defence convinces a jury that the injured person bore even one percent of the responsibility, the claim fails entirely — not reduced by one percent, but dismissed. The other driver can be ninety-nine percent to blame and still owe nothing.

Only Alabama, Maryland, North Carolina, Virginia and, for most claims, the District of Columbia still work this way. Everywhere else divides fault proportionally.

The consequence is that Alabama insurers do not open with a valuation. They open by looking for fault on the claimant’s side, because finding any is worth more to them than any discount they could negotiate. A friendly call from an adjuster in the first few days is a search for that fact, not a settlement discussion.

Six Months for a City, Twelve for a County

Against a private defendant, Alabama allows two years from the date of injury to file suit (Ala. Code § 6-2-38).

Government claims run far shorter. A sworn claim against a municipality generally must be presented within six months, and a claim against a county within twelve months. Those are presentation requirements, not filing deadlines, and missing one ends the claim before the two-year period has any relevance. A city refuse truck, a police vehicle, a school bus or a dangerous road condition can each put a case on the short clock.

Why Alabama Cases Are Decided in the First Week

When a single sliver of blame is fatal, the evidence that fixes the sequence of events matters more here than anywhere else — and it is exactly the evidence that degrades fastest. Scene photographs before the vehicles move, event data recorder downloads, independent witness details, the position of debris, signal timing, and medical records created close to the event.

None of that keeps itself. A month later the vehicles are repaired or scrapped, the witnesses have scattered, and what is left is one driver’s account against another’s. In a comparative negligence state that is survivable. In Alabama it frequently is not.

This is also the reason that what you say early is so consequential. An offhand “I didn’t see him until the last second” is a complete defence in this state.

The Office on 20th Street North

From downtown Birmingham the firm serves Jefferson and Shelby counties — Hoover, Vestavia Hills, Homewood, Bessemer — and takes Alabama claims from Tuscaloosa, Montgomery, Huntsville, Mobile and the Wiregrass. Matters include car accidents, 18-wheeler crashes on the interstate freight routes, motorcycle claims, pedestrian injuries, premises and fall cases, construction and industrial accidents, workers’ compensation and wrongful death.

Before You Talk to the Adjuster, Talk to Us

Do not assume you have no case because you think you were partly responsible — and do not hand the insurer the sentence that proves it. Call the Felicetti Law Firm at (800) 333-1988 at any hour, or describe what happened online. The review costs nothing and the fee comes only out of a recovery. Past outcomes are on the results page.

Call (800) 333-1988 — Free Alabama Case Review

Felicetti offices and coverage areas nearby: Georgia · Florida · North Carolina · Missouri

This page describes Alabama law in general terms. It is not legal advice, no attorney-client relationship is created by reading it, and prior results do not guarantee a similar outcome. Alabama matters are handled by attorneys licensed in Alabama.