Dothan Negligence Lawyer
What is Considered General Negligence in Alabama?
When an individual or company fails to act reasonably and it results in
damage to someone else, they could be accused of general negligence. If
the injured person wants to receive compensation for their damages, they
can file a claim against the reckless party. General negligence can include
a number of experiences such as
dog bites, car accidents and
slip & fall, just to name a few.
If you are seeking reparation for an injury that someone else caused, then
you should hire a Dothan personal injury lawyer from Morris, Cary, Andrews,
Talmadge & Driggers, LLC. Our lawyers have been named some of the
most successful in the state by
Business Alabama magazine, Super Lawyers® magazine, and other prestigious organizations.
Understanding Alabama's Negligence Laws
Negligence in Alabama can be especially tricky because of the state's
contributory negligence laws. Contributory negligence occurs when the
injured victim was somewhat at fault for their accident. If the plaintiff
is proved to be even 1% at fault for the incident, then under a contributory
negligence law, the judge or jury would rule that the offending party
would pay nothing in damages. Many Alabama juries use a variation of this
law in their verdicts, called comparative negligence, which will assign
fault to both parties and have them each take financial responsibility
in accordance with the amount of blame that they carry.
The contributory negligence law can make it extremely difficult for an
injured victim to recover their damages if the defense can prove that
they were in any way at fault for the accident. If you have been injured
in Alabama, it is even more essential that you get a negligence attorney
to help you consider all strategies that the other party could implement
in their defense. We want to make sure that your claim is rightfully presented
and protected from the other side.
Proving General Negligence
When filing a lawsuit against another person for their careless behavior,
you must prove four different elements to a judge or jury for them to
award you with a favorable verdict. First, you must show that the defendant had a
duty to act in a reasonable manner – just as, for example, a landlord would have a duty to make sure
that a property is properly maintained and safe. Next, you must prove
that they had breached that responsibility in some way. In other words,
they didn't fulfill their duty to you.
After proving that they had an obligation to you that wasn't met, you
must demonstrate that their
action or inaction has caused your injuries. Causation can be things like the owner knowing about the danger and doing
nothing about it, being unreasonable by placing an object in an unsafe
place or failing to properly alert a person to a certain danger, or acting
recklessly. Lastly, you must show that you have quantifiable damage for
which the other party can provide compensation. These can be losses such
as medical bills, lost earnings and emotional trauma.
Proving all four of these elements can be difficult, but especially when
an injured victim is facing a big corporation or insurance company that
has a huge amount of resources at their disposal. A Dothan negligence
lawyer from our firm knows how to thoroughly investigate the evidence
and counter arguments that the opposition might make. Our legal team knows
the complex, strict negligence laws of Alabama and how your claim will
be validated to a jury.
Contact Our Dothan Injury Lawyers
Whether you have been injured or you have lost a loved one in an accident,
you need to contact an attorney at Morris, Cary, Andrews, Talmadge &
Driggers, LLC immediately. Our attorneys have a great record of successful
cases that includes winning one of the largest jury verdicts in the history
of the Alabama – ultimately resulting in a $21,000,000 settlement
for our client. To see all of our verdicts and settlements, take a look at our
case results page.
We know that you are going through a painful and emotional time because
of your injury, and you may not want to deal with the added burden of
a lawsuit, but don't the make the mistake of settling directly with
an insurance company. They are notorious for paying victims as little
compensation as possible. We, however, fight for full compensation for
all of our clients. Don't hesitate to
contact a member of our legal team today for a free consultation.