Personal injury cases are centered around fault. Determining who was at fault for an accident that caused the injury is not always clear-cut. That said, it’s crucial to know the negligence statute that Alabama follows so you can best prepare for your case. Please continue reading to learn the steps you can take to maximize your chances of recovering compensation for endured damages and why connecting with our knowledgeable Jefferson County Personal Injury Lawyers is in your best interest.
What is the Negligence Statute in Alabama?
Firstly, negligence statutes are used to determine if a defendant’s actions were unreasonable and caused harm to another person. In the United States, there are two negligence statutes that states will utilize when determining liability in personal injury cases. The first is the comparative negligence model. Under this legal doctrine, an injured party is permitted to recover compensation for their damages even if they were partially negligent for the cause of the accident. However, the compensation they can receive will be reduced by their degree of fault for the accident. In most cases, states will impose a 50% or 51% rule, in which an injured party is barred from recovering compensation if they are half or more than half responsible. Nevertheless, some states follow the pure comparative negligence rule, which allows injured parties to recover compensation regardless of how much they contributed to the cause of the accident.
Alabama, however, is one of the few states that follows the contributory negligence statute. Under this legal doctrine, an injured party faces the absolute bar of recovery if they are found partially negligent in the accident that caused their injuries. Essentially, they cannot recover compensation even if they are found just 1% responsible for the injuries sustained and the other party is found 99% at fault.
How Can This Impact My Case?
The contributory negligence statute can significantly impact your claim as it can be used to dispute liability and potentially eliminate your compensatory award for endured damages. As such, it’s crucial to understand the steps you can take to safeguard your legal rights. Following the accident, you should seek immediate medication attention. If you fail to do so, the defense can claim you failed to mitigate your damages by delaying or refusing medical care. In addition, they could argue that you are exaggerating the severity of your injuries as you did not require medical attention. If you don’t mitigate your damages, you will be assigned liability for the damages you have endured. Therefore, you should prioritize receiving a comprehensive medical examination.
Furthermore, you should refrain from saying anything that could be twisted and used against you. This includes apologizing as it can be deemed an admission of fault. It can be difficult to determine who is at fault immediately after an accident, and saying anything damaging could prevent you from seeking fair compensation for your injuries and losses.
If you have been injured due to another party’s negligence, it’s in your best interest to contact an experienced lawyer from Alabama Personal Injury Lawyers, LLC, who can help you prove that you were not negligent in the accident. Connect with us today to learn how we can fight for you.