Personal injury refers to an injury to a person’s body—also known as bodily injury—or to their mind or emotional well-being—also referred to as emotional distress or pain and suffering. The term personal injury is also used to refer to a broad category of legal claims involving personal injuries or death.
Claims for personal injuries are generally known as torts—wrongful acts that are done intentionally or negligently, or for which there is liability without proving negligence (strict liability).
Personal injury claims are primarily a matter of state law and may be compensated by the court system if the injured person—also known as the claimant, or the plaintiff if a lawsuit is filed—can prove liability (another person or entity caused the personal injury) and damages (medical expenses, permanent disability, death).
In Alabama, personal injury law covers harm to an individual's body, mind, or emotional well-being. These claims fall under the category of tort law, which addresses wrongful acts that can be intentional, negligent, or subject to strict liability (where fault is presumed regardless of negligence). To succeed in a personal injury claim in Alabama, the injured party (claimant or plaintiff) must establish liability, showing that another person or entity caused the injury, and must also demonstrate damages, which can include medical expenses, permanent disability, or death. Alabama's contributory negligence rule is particularly strict; if the plaintiff is found to be even slightly at fault for the injury, they may be barred from recovering damages. Additionally, Alabama has a statute of limitations that generally requires personal injury lawsuits to be filed within two years from the date of the injury. The compensation awarded by the courts can cover various losses, including medical costs, lost wages, and pain and suffering.