Can You Sue for Pain and Suffering in Alabama?

Yes, you can sue for pain and suffering in Alabama under certain circumstances says Caldwell Wenzel Asthana

MOBILE, Ala., Sept. 21, 2023 /PRNewswire/ -- In Alabama, pain and suffering fall under the category of non-economic damages in a personal injury claim or lawsuit. These include compensation for physical and emotional pain, mental anguish, loss of enjoyment of life, and other intangible losses resulting from an injury or accident.

Alabama has specific laws and limitations regarding the recovery of non-economic damages. To pursue pain and suffering damages, your injuries must be considered "serious" or result in a permanent impairment. Alabama's tort reform law restricts the recovery of non-economic damages to cases where the plaintiff has sustained a "catastrophic injury" defined as a wrongful death or permanent injury resulting in a significant impairment or disfigurement.

Alabama also imposes a cap on non-economic damages. In September 2021, the cap was $400,000. However, this amount may change over time due to legislative updates or court decisions. Alabama follows a contributory negligence rule, which can affect your ability to recover damages. If you are found to be even slightly at fault for the accident that caused your injuries, you may be barred from recovering any compensation.

Given the complexities of personal injury law in Alabama, it is essential to consult with an experienced personal injury attorney who can evaluate your case and advise you on the best course of action. They can help you understand your rights and options for seeking compensation, including damages for pain and suffering.

"You may receive compensation for your "non-economic" damages that do not have a specific dollar value, but greatly impact your quality of life — the pain, suffering, depression, and anxiety you've experienced," says C. Randall Caldwell, Jr. of Caldwell Wenzel Asthana Injury Lawyers.

About Caldwell Wenzel Asthana Injury Lawyers

Caldwell Wenzel & Asthana, PC offers robust representation for clients involved in personal injury, wrongful death, estate disputes, and other civil litigation cases. They excel in crafting trial strategies and vigorously litigating intricate disputes. They strongly believe that their success as courtroom advocates relies on the relationships they forge with their clients. They are committed to providing clients with constant access to their attorney and keeping them informed about every aspect of their case. For more information, call (251) 444-7000, or visit the website.

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SOURCE Caldwell Wenzel & Asthana