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★ Alabama · head & brain

Head & brain settlements
in Alabama.

By Reviewed by Abd Shanti, Founder9 min read

An Alabama jury awarded $10 million after a three month old’s bacterial meningitis went undiagnosed and he was left with hydrocephalus, seizures, blindness and deafness. The Supreme Court ordered a new trial. Head injury claims in comp can also fall short, as a city worker with normal brain scans found.

Facts that decide a head & brain claim in Alabama

Fault ruleAlabama keeps contributory negligence, which bars recovery, but a jury may be told about it only when substantial evidence shows the plaintiff’s own negligence helped cause the accident.Phillips v. Seward (Ala. 2010)
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)
Claims against governmentCities need a claim within 6 months and counties within 12 months; claims against the State go to the Board of Adjustment within 1 year. City and county liability is capped at $100,000 per person and $300,000 per occurrence.Ala. Code §§ 11-47-23, 11-12-8, 41-9-65, 11-93-2; see our notice table
united states · sister site
Your head & brain claim in Alabama. See the number for your own case.

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★ AL · reported head & brain outcomes

What Alabama courts have awarded.

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

  • Baptist Health System v. Cantu
    Supreme Court of Alabama · 2018
    $10,000,000 verdict reversed; new trial

    In September 2009 three month old Daniel Cantu was seen twice at a Walker County emergency room with fever, poor appetite and irritability when his neck was touched, and was treated for a viral infection; on the second visit he was admitted, and the admitting pediatrician diagnosed a viral infection and possible acetaminophen toxicity. His fever resolved and he was sent home, but on 23 September another pediatrician’s spinal tap showed bacterial meningitis. He was discharged from Children’s Hospital with hydrocephalus, a shunt, a seizure disorder, blindness and deafness. The jury awarded $10,000,000 against the hospital, but the Supreme Court reversed and ordered a new trial.

  • Billingsley v. City of Gadsden
    Alabama Court of Civil Appeals · 2015
    Head injury claim not sustained

    After a 2008 work car crash, Lillie Billingsley claimed a closed head injury, headaches and post traumatic stress along with body injuries. A neurologist found inconsistent findings and ordered brain MRI and EEG studies, which were normal. The trial court sustained her claim only as to her shoulder, and the appellate court affirmed that part.

★ AL · head & brain · in practice

What changes the number here.

What actually moves a head & brain settlement in Alabama.

  1. 1

    Delayed diagnosis of infection in infants can cause catastrophic brain injury; Cantu’s case turned on two ER visits before the spinal tap.

  2. 2

    Large verdicts are often retried in Alabama; build a clean trial record.

  3. 3

    Objective testing matters in head injury claims. Normal MRI and EEG results limited Billingsley’s claim.

★ 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 head & brain settlement in Alabama.

★ head & brain · 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 head & brain claims.

JurisdictionFault ruleLimitationHead & brain 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 · head & brain →
FloridaModified comparative, 51% bar2 years from date of injury (was 4; reduced by HB 837)FL · head & brain →
GeorgiaModified comparative, 50% bar2 years from date of injuryGA · head & brain →
KentuckyPure comparative negligence1 year for personal injury (one of the shortest in the US)KY · head & brain →
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 · head & brain →
MississippiPure comparative negligence3 years from date of injuryMS · head & brain →
District of ColumbiaPure contributory negligence3 years from date of injuryDC · head & brain →
MarylandPure contributory negligence3 years from date of injuryMD · head & brain →
North CarolinaPure contributory negligence3 years from date of injuryNC · head & brain →
VirginiaPure contributory negligence2 years from date of injuryVA · head & brain →
AlaskaPure comparative negligence2 years from date of injury or discoveryAK · head & brain →
ArizonaPure comparative negligence2 years from date of injuryAZ · head & brain →
★ AL · head & brain · 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
Head & brain in United States

Head & brain band structure and severity tiers at the US level.

★ all 15 countries
Head & brain · everywhere

Cross-jurisdiction comparison of head & brain 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.