If you’re in an accident caused by someone else, you’re likely entitled to compensation for your losses. To get that compensation, accident victims often have to file a personal injury lawsuit against the at-fault party.
Those cases are brought under a legal theory called negligence. Here’s an overview of what a negligence claim is and how to successfully bring one. To discuss your case, contact a Huntsville personal injury lawyer for a free consultation.
The Elements of Negligence
If another party’s negligence or unreasonable behavior causes an accident, that person can be held responsible for the losses resulting from the accident.
There are four elements that accident victims have to prove to bring a claim of negligence:
- Duty of care
- Breach of duty
- Causation
- Damages
It is important to understand what each element means and what it takes to prove each element. In negligence cases, the accident victim – or plaintiff – has the burden of proof. This means it’s the plaintiff’s responsibility to prove, by a preponderance of the evidence, each element of negligence.
To discuss the specifics of your accident, contact a Huntsville accident attorney.
Duty of Care
A duty of care can arise from either the relationship between parties or the law. For example, drivers have a duty to obey traffic laws and drive safely. Similarly, business owners owe a duty of care to customers and visitors, and doctors owe a duty of care to patients.
Determining whether there was a duty of care varies from case to case, but broadly speaking, we all have a duty of care to act as a reasonable person under the same circumstances.
Breach of Duty
Next, the plaintiff must show that the at-fault party – or defendant – breached the duty of care. This means the defendant failed to exercise reasonable care or act as a reasonable person would under the same circumstances.
For example, a driver running a red light or a business owner not repairing a damaged floor are both examples of breaching the duty of care.
Causation
In addition to proving duty and breach, plaintiffs must prove causation. They must show that the defendant’s actions were the “direct and proximate” cause of the accident. When proving causation, plaintiffs need to show that injuries were foreseeable and a natural consequence of the defendant’s actions.
Damages
Finally, plaintiffs must show that they suffered injuries because of the defendant’s actions. The plaintiff needs to show tangible losses as a result of the accident.
Good documentation can help establish damages. Medical records, medical bills, invoices, and receipts all help prove damages.
What Types of Damages Are Available in Personal Injury Cases?
Accident victims are entitled to compensation to make them whole after an accident. This includes economic damages and non-economic damages. Economic damages reimburse victims for tangible losses, while non-economic damages compensate victims for more abstract losses.
Examples of economic damages include:
- Medical bills
- Medical expenses
- Future medical expenses
- Property damage
- Lost wages
- Lost earning capacity
Examples of non-economic damages are:
- Pain and suffering
- Mental anguish and emotional distress
- Loss of consortium
- Decreased quality of life
- Scarring and disfigurement
Calculating damages can be a complicated process. An experienced personal injury lawyer will gather evidence and work with experts to calculate and document your damages.
Contributory Negligence
A common question accident victims have is, can I bring a claim of negligence if I’m partly at fault? Unfortunately, in Alabama, the answer is usually no.
Alabama is one of five states that follows an approach of contributory negligence. Under this approach, if an injured party is found to be partly at fault, they cannot recover. This means that even if an accident victim is only 1% at fault, they will be barred from recovery.
This is a harsh rule for many accident victims. The party who is primarily at fault for the accident and their insurance company will work hard to blame the victim for their injuries. Accident victims need an experienced personal injury lawyer to fight hard for them and make sure their rights are protected.
How Long You Have to Bring a Negligence Case in Alabama
The statute of limitations for personal injury cases in Alabama is two years. This means that victims have two years from the date of the accident to bring a negligence claim.
If the statute of limitations has expired, your case will be dismissed, and you’ll have no right to recover. A local accident lawyer can help create a timeline for your case and ensure your lawsuit is filed within the statute of limitations.
Contact a Huntsville Personal Injury Lawyer
If you’ve been injured in a Huntsville accident, you could be entitled to compensation for your losses. A Huntsville personal injury lawyer can evaluate your case and determine whether you have a negligence claim.
Contact an Belt, Bruner & Barnett Personal Injury Lawyers to schedule a free consultation at (205) 206-5088 and learn more about getting justice in a negligence claim.