Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney in Alabama for specific guidance.
Detailed Answer
Overview
If a car accident aggravates your pre-existing injuries, Alabama law allows you to seek compensation for harms beyond your original condition. Success hinges on proving the accident caused additional damage and on documenting all evidence promptly.
1. Understand Alabama’s Contributory Negligence Rule
Alabama follows a pure contributory negligence standard. If you share any fault, even 1%, you may be barred from recovery. Be prepared to show you were not negligent. Limited exceptions, such as the last clear chance doctrine, may apply under Alabama common law.
2. Gather Comprehensive Medical Records
Collect all medical records from before and after the crash. Include doctor’s notes, diagnostic scans, treatment plans, prescription records and rehabilitation reports. Your medical provider should detail how the accident worsened your pre-existing condition.
3. Establish Causation with Expert Testimony
Retain a medical expert to testify that the accident was the proximate cause of your exacerbated injuries. A qualified physician or specialist can compare pre-accident and post-accident clinical findings and assign a reasonable percentage of aggravation.
4. File Your Insurance Claim Promptly
Notify the at-fault driver’s insurer as soon as possible. Submit a detailed demand letter explaining your history, accident facts and the extent of new injuries. Attach supporting documentation — medical records, bills and expert opinions.
5. Meet Alabama’s Statute of Limitations
Alabama generally requires you to file a personal injury lawsuit within two years of the accident. See Ala. Code §6-2-38(l). Missing this deadline likely forfeits your right to sue.
Helpful Hints
- Keep a daily journal documenting pain levels, activities and medication use.
- Take timestamped photos of visible injuries and vehicle damage.
- Store all medical bills, receipts and mileage logs for treatment visits.
- Obtain a certified copy of the crash report from the Alabama Law Enforcement Agency.
- Consult a personal injury attorney early to protect your rights and meet deadlines.