Pain and suffering is a term used to describe the physical and emotional trauma that a person experiences due to an injury. In Alabama, pain and suffering damages may be recoverable in a personal injury lawsuit.
Under Alabama law, pain and suffering damages fall under non-economic damages. Non-economic damages are not tied to a specific financial loss or expense, such as medical bills or lost wages. Rather, non-economic damages are meant to compensate a person for the intangible losses they have experienced due to an injury, such as physical pain, emotional distress, or loss of enjoyment of life.
A critical section of Alabama law related to pain and suffering damages is Section 11-2-110, which provides that a plaintiff may recover damages for pain and suffering if they can prove that the injury caused by the defendant's negligence was "permanent and substantial."
Another essential section of Alabama law is Section 6-5-551, which outlines the types of damages that may be recovered in a personal injury lawsuit, including pain and suffering damages. This section provides that a plaintiff may recover damages for "physical and mental pain and suffering, inconvenience, physical impairment, disfigurement, loss of enjoyment of life, loss of consortium, and other nonpecuniary injury."
It is important to note that Alabama law limits non-economic damages in certain personal injury cases, including medical malpractice cases. For example, under Alabama law, non-economic damages in medical malpractice cases are capped at $400,000.
Navigating the legal process of a personal injury lawsuit can be overwhelming, especially when dealing with an injury's physical and emotional trauma. It is important to hire an experienced attorney who can guide you through the process and ensure that your rights are protected. In addition, an attorney can assist in gathering evidence, negotiating with insurance companies, and advocating for your best interests in court.
If you are located in Selma, Montgomery, or West Alabama and have suffered an injury due to someone else's negligence, attorney Elliott Lipinsky can help. With experience in personal injury law and a commitment to achieving justice for his clients, Elliott Lipinsky can guide you through the legal process and fight for the compensation you deserve.
In conclusion, pain and suffering damages may be recoverable in a personal injury lawsuit in Alabama, and non-economic damages are intended to compensate for intangible losses experienced as a result of an injury. Several sections of Alabama law provide guidance on the types of damages that may be recovered, including Section 11-2-110 and Section 6-5-551. Suppose you have suffered an injury in Selma, Montgomery, or West Alabama. In that case, it is important to consult with an experienced personal injury attorney like Elliott Lipinsky, who can provide you with guidance and representation throughout the legal process.