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★ Alabama · fracture

Fracture settlements
in Alabama.

By Reviewed by Abd Shanti, Founder9 min read

An 81 year old woman recovering from hip replacement fell in a rehab facility bathroom and fractured her hip again and her femur. Her claim against a later rehab facility failed because she had no expert to explain what the nurses did wrong. A worker who broke both wrists and his jaw kept his lifetime medical benefits despite a lump sum settlement.

Facts that decide a fracture claim in Alabama

Expert proof in care casesClaims against medical providers, including nursing facilities, generally require expert testimony on the standard of care, its breach and causation, unless the lack of skill is obvious to a layperson.Callens v. Episcopal Foundation (Ala. 2025)
Medical benefits after settlementMedical benefits can continue after a lump sum settlement of the other comp benefits; the court refused an employer’s motion to end them years later.Total Fire Protection v. Jean (Ala. Civ. App. 2014)
Deadline to sueTwo years for “all actions for injury to the person or rights of another not arising from contract and not specifically enumerated.”Ala. Code § 6-2-38(l), as quoted in Nelson v. Megginson (Ala. 2014)
united states · sister site
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★ AL · reported fracture outcomes

What Alabama courts have awarded.

Real Alabama decisions and verdicts, each linked to the court record or official report.

  • Callens v. Episcopal Foundation of Jefferson County
    Supreme Court of Alabama · 2025
    Summary judgment for rehab facility affirmed

    Betty Callens, 81, had hip replacement surgery in September 2019 and went to a skilled nursing facility, where she said she had to get herself to the bathroom, slipped on water and fractured her left hip again and her left femur. She later went to St. Martin’s In-The-Pines for rehabilitation and sued it over her care. Because she offered no expert testimony on the standard of care and causation, the Supreme Court affirmed summary judgment for St. Martin’s.

  • Total Fire Protection v. Jean
    Alabama Court of Civil Appeals · 2014
    Employer’s bid to end medical benefits denied; affirmed

    In April 2005 Jonathan Jean fractured both wrists and his jaw in a fall at work. His surgeon operated on both wrists and placed hardware in the right. Five months later he settled for a lump sum, with medical benefits left open. Years later the employer asked the court to end his medical benefits, and the court refused; the Court of Civil Appeals affirmed.

★ AL · fracture · in practice

What changes the number here.

What actually moves a fracture settlement in Alabama.

  1. 1

    Hire an expert early in any fall case against a nursing home or rehab facility; Callens lost for lack of one.

  2. 2

    Do not close future medical benefits lightly. Jean’s open medical care outlasted his lump sum.

  3. 3

    Document where the water or hazard was and who was supposed to help, as the bathroom fall in Callens shows.

★ AL · statute of limitations
2 years from date of injury

Ala. Code § 6-2-38

★ AL · fault rule
Pure contributory negligence

Pure contributory negligence, even 1% of fault attributed to the claimant bars all recovery. Alabama is one of only five US jurisdictions to retain this rule.

★ AL · caps

What caps recovery.

Statutory caps that may bear on a fracture settlement in Alabama.

★ fracture · same region & fault regime

Compare to like jurisdictions.

How Alabama's fault rule and limitation period compare to jurisdictions in the same US region and to those running the same fault rule for fracture claims.

JurisdictionFault ruleLimitationFracture page
Alabama · you are herePure contributory negligence2 years from date of injury—
ArkansasModified comparative, 50% bar3 years for personal injury; 2 years for medical malpracticeAR · fracture →
FloridaModified comparative, 51% bar2 years from date of injury (was 4; reduced by HB 837)FL · fracture →
GeorgiaModified comparative, 50% bar2 years from date of injuryGA · fracture →
KentuckyPure comparative negligence1 year for personal injury (one of the shortest in the US)KY · fracture →
LouisianaModified comparative, 51% bar1 year (la prescription), extended to 2 years by Act 423 (2024) for tort claims accruing on or after July 1, 2024LA · fracture →
MississippiPure comparative negligence3 years from date of injuryMS · fracture →
District of ColumbiaPure contributory negligence3 years from date of injuryDC · fracture →
MarylandPure contributory negligence3 years from date of injuryMD · fracture →
North CarolinaPure contributory negligence3 years from date of injuryNC · fracture →
VirginiaPure contributory negligence2 years from date of injuryVA · fracture →
AlaskaPure comparative negligence2 years from date of injury or discoveryAK · fracture →
ArizonaPure comparative negligence2 years from date of injuryAZ · fracture →
★ AL · fracture · frequently asked

Common questions.

Each answer is independently coherent and references the relevant statute or authority document.

united states · sister site
Hurt in a car crash in Alabama? See what your own claim could be worth.

FairSettlement, our US sister site, gives you a free estimate in about two minutes. No cost and no obligation.

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Sources

Checked 2026-09-29.

★ all of AL
Alabama overview

Fault rule, statute, caps, and key facts for Alabama as a whole.

★ national frame
Fracture in United States

Fracture band structure and severity tiers at the US level.

★ all 15 countries
Fracture · everywhere

Cross-jurisdiction comparison of fracture bands.

★ editorial note

Figures on this page are not quotes for any specific case. For representation, consult an attorney admitted in Alabama. See /methodology, /sources, and /disclaimer.