Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a licensed attorney for advice specific to your situation.
Detailed Answer
Defining Soft Tissue Injuries
Soft tissue injuries include sprains, strains, whiplash and muscle pain. Under Alabama law, these qualify as bodily injuries that you can pursue in a personal injury claim if you prove negligence and damages.
Recoverability Under Alabama Law
You may recover compensation for medical expenses, pain and suffering, lost wages and related costs. Even minor soft tissue injuries can result in ongoing treatment and discomfort, making them compensable.
Evidence and Causation
To establish causation, obtain prompt medical evaluation and follow the prescribed treatment plan. Secure objective evidence such as doctor’s notes, diagnostic imaging, therapy records and medication logs. A treating physician’s report or deposition can confirm that your injuries directly stem from the incident.
Statute of Limitations
Alabama sets a two-year deadline to file a personal injury lawsuit. Under Ala. Code §6-2-38, the clock starts on the date of injury. Failing to file within this period typically bars your claim.
Contributory Negligence
Alabama follows a pure contributory negligence rule. If you share any fault for the accident—even 1%—you cannot recover damages. Avoid admitting fault at the scene and consult an attorney before discussing the incident with insurers. See Ala. Code §6-2-10 for details.
Helpful Hints
- Seek prompt medical care and keep all records of treatment and diagnoses.
- Document your pain levels, symptoms and any missed work days.
- Take photographs of the accident scene, your injuries and any property damage.
- Maintain a pain and treatment journal to support your claim.
- Consult a personal injury attorney before the two-year statute of limitations expires.
- Do not admit fault or minimize your injuries until you speak with legal counsel.