When you file a personal injury lawsuit in Alabama, you have the burden of proving the other party is liable for your injuries. Establishing liability requires you to prove the legal elements of negligence. Negligence occurs when a person fails to use reasonable care to avoid causing someone to be injured or harmed.
The legal elements of a negligence claim are:
- Legal duty
- Breach of duty
- Causation
- Damages
Causation can be one of the most difficult elements to prove for a personal injury case. If you cannot link the party’s negligence to the cause of your injuries, you will not be able to recover damages.
Proving Causation in an Alabama Personal Injury Case
Cause explains how something happened. For personal injury cases, there is a two-part test for causation. You must prove factual cause and proximate cause to create liability for damages.
Factual Cause in an Alabama Personal Injury Case
Factual or actual cause refers to the action or event that led to an accident. For example, suppose a driver runs a stop sign and strikes a motorcyclist. In this case, the crash would not have occurred if the car had not been running the stop sign.
Proximate Cause in an Alabama Personal Injury Case
Proximate cause is the legal connection between the factual cause and the person’s injury. The at-fault party must be able to reasonably foresee that their actions could result in another person’s injuries. Parties may not be liable for circumstances that are not within their control or could not have reasonably caused a person’s injury.
In the above example, it is reasonable for a driver to foresee that running a stop sign could cause a collision.
However, proximate cause is a matter for a jury to decide. Jurors use a reasonable person standard to determine proximate cause. Using this standard requires looking at whether a reasonable person could foresee the outcome of their actions.
What Evidence Is Used to Prove Causation in a Birmingham Personal Injury Case?
The injured party in a personal injury case has the burden of proving their claim. The burden of proof is by a preponderance of the evidence. They must prove there is a greater chance than not that the allegations are true. In other words, there is a greater than 50% chance that the at-fault party caused the victim’s injuries.
Evidence used to prove causation includes, but is not limited to:
- Physical evidence from an accident scene
- Medical records
- Statements from the parties involved in the case
- Accident reports and police reports
- Videos and photographs from the accident scene
- Testimony from eyewitnesses
- Opinions and reports from eyewitnesses
- Video of the accident happening from traffic cameras or surveillance cameras
The type of case determines the evidence used to prove causation. There could be additional evidence in your personal injury case.
The Other Legal Elements in a Personal Injury Case
All four elements of a personal injury case must be proven to establish liability for damages. For example, a party may owe you a legal duty based on laws, morality, or customs. In our example, all drivers have a duty to follow the traffic code and take reasonable steps to avoid crashes.
A breach of duty is the failure to meet a specific standard of care, which is what a reasonably prudent person would have done in the same circumstances.
Damages represent the harm caused by the party’s actions. Victims in personal injury cases can recover economic and non-economic damages. Damages include:
- The cost of medical care, including physical therapy and other rehabilitative treatments
- Impairments, disabilities, scarring, and disfigurement
- Pain and suffering
- Out-of-pocket expenses, including personal care and household services
- Emotional distress and mental anguish
- Loss of enjoyment of life and quality of life
- Diminished earning capacity, benefits, and lost wages
The value of your damages depends on numerous factors in your case. Insurance companies often downplay damages to lower the value of a claim. Keep detailed records of all expenses and losses to increase the value of your claim.
What Is the Deadline to File a Personal Injury Lawsuit in Alabama?
The statute of limitations for a personal injury case is the deadline to file a lawsuit. You could lose your right to pursue a claim if you file a lawsuit after the deadline.
Most personal injury claims in Alabama have a two-year statute of limitations. However, there are exceptions to the rule. Seeking prompt legal advice is the best way to protect your right to pursue a legal claim for damages.
Get Help From a Birmingham Personal Injury Attorney
Proving the legal elements of a personal injury claim can be challenging. Our legal team at Belt, Bruner & Barnett Personal Injury Lawyers has significant resources and skills to investigate and gather evidence proving a claim. Call us today at (205) 973-6417 to schedule a free consultation with a Birmingham personal injury lawyer.