Contributory Fault: Why Alabama Injury Claims are Hard to Win

When an individual or company fails to act responsibly, and it results in damage to someone else, the guilty party could be accused of general negligence. If the injured person wants to lodge a claim for compensation for the damages they are welcome to do so by filing a lawsuit against the reckless party. General negligence claims include a number of incidences, such as dog bites, slip and fall injuries, car accidents and more.

However, negligence cases in Alabama can be tricky due to the states contributory negligence laws. This law occurs when the injured party was somewhat at fault, or played a part in the accident. If the injured party is proved to be even 1% at fault for the accident, under this contributory negligence law, the offending party pays nothing in damages.

Many juries in Alabama use a variation of this law in their verdicts, which is called comparative negligence. What this does is assign fault to both parties and have them each take responsibility for the amount of blame they carry. This also pertains to financial responsibility.

Therefore, the contributory negligence law makes it very hard for an injured victim to recover damages if the defense proves they were involved in, or part of, the accident in any way. This is why it is imperative that if you are involved in an accident in the state of Alabama that you hire an Alabama personal injury attorney.

These attorneys are equipped, experienced and skilled to advise you of all possible strategies that the other party may implement in their defense. They also ensure that your case is rightfully presented and that its integrity is protected from the other side.

Whenever you file a lawsuit against another individual or company, you must be able to prove that they had a duty to act in a reasonable manner but failed to do so. You must also be able to prove that they neglected this responsibility, or in some way did not fulfill the duty, and that the action, or lack thereof, caused your injuries. For example, this could mean that the owner of the property on which you were injured knew about the danger but chose to do nothing about it.

Last, you must be able to prove that you sustained quantifiable damage as a result of the accident. This could be in the form of medical expenses, loss of earnings as well as emotional trauma. Proving all of these elements could prove to be challenging on your own, however with the help of a qualified Alabama injury lawyer, you could easily win your case.

 

https://en.wikipedia.org/wiki/Pain_and_suffering

https://en.wikipedia.org/wiki/Traffic_collision

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