Although Alabama follows the comparative fault doctrine when assigning responsibility after an event that causes injury, the state’s stance is harsh. Carrying even one percent of the blame for an event can nullify a claim and prevent a plaintiff from receiving compensation.
If you need help assigning responsibility for an accident that has caused losses, a personal injury attorney in Cullman, AL can provide the legal counsel you need to recover damages. Call today for a no-obligation consultation.
In the field of personal injury law, negligence is a threshold plaintiffs must meet when holding someone responsible for their losses. Documenting negligence is essential when filing injury claims after accidents, and compensation is given according to state law. Alabama’s laws differ from those of other states, and a Cullman injury attorney can provide the state-specific legal guidance you seek.
To receive compensation in a personal injury case, you must prove these four elements: personal duty, breach of personal duty, losses, and causation.
• Personal duty is the responsibility owed to you by the defendant. For example, motorists must operate their vehicles safely and follow traffic laws.
• A breach of personal duty occurs when a defendant fails to meet their responsibilities. In an auto accident, for instance, a driver may put others at risk by being intoxicated or texting while behind the wheel.
• Losses occur when a defendant’s negligence leads you to incur injuries and economic damages.
• Causation is the direct link between the other party’s negligent actions and the effects you’ve suffered. For example, you’ll need to prove that your injuries are a result of the accident.
In most instances, plaintiffs can recover damages by documenting these elements. Some states use the comparative fault rule, which allow for the recovery of damages when a victim shares responsibility for the event.
Most cases make it easy to determine who is responsible, but there are exceptions to every rule. Comparative negligence, also known as comparative fault, is a legal doctrine that divides responsibility and damages between parties when they share blame for an unfortunate event.
During court proceedings, juries examine both parties’ actions before and during an event to determine responsibility. For example, a jury may rule that your actions contributed to your losses by 15%, while the defendant’s actions contributed 85%. Under Alabama’s comparative negligence rules, a plaintiff cannot recover damages if they are at all responsible for the event that caused their losses.
The comparative fault doctrine falls into three classes, as explained below.
• Pure comparative negligence: Alabama, like four other jurisdictions (North Carolina, the District of Columbia, Maryland, and Virginia), follows the pure comparative negligence rule. Here, a plaintiff cannot recover damages if they are partially responsible for an event.
• Comparative fault: In states recognizing comparative fault, a party can recover damages if they are 99% responsible for an event. Here, recoverable damages are limited to the party’s share of fault. For example, an intoxicated driver can file an injury claim if they hit a vehicle with no taillights. Approximately two-thirds of states follow the rule, which allows at-fault parties to collect minimal damages.
• Modified comparative fault: Some states use either the 50% or 51% rule, which keeps plaintiffs from collecting damages if they are 50% or 51% responsible for their losses.
Your attorney will explain Alabama’s comparative fault rules and work within state law to get you the maximum compensation for your injuries.
Unfortunately, no. As stated above, Alabama is one of five states following the contributory negligence doctrine. If you are even 1% responsible for the event that caused your losses, you cannot recover damages from the other party.
The principle of contributory negligence is a strict one, and Alabama sets the bar high during personal injury cases. Many times, plaintiffs lose their eligibility for compensation when juries assign a share of fault to them, no matter how small that percentage may be. There are several exceptions to Alabama’s contributory negligence law, which include:
• Children. If a child is under 14 years old, the state considers them unable to commit contributory negligence.
• Kids under 7. A child less than seven years old is ruled unable to be contributorily negligent because of their insufficient life experience.
• Mentally challenged people. A person with a mental or intellectual disability cannot commit contributory negligence.
Alabama sets a high standard for contributory negligence in personal injury cases, and it is crucial for you to hire an experienced, knowledgeable attorney. With help from our team, you may increase the chances of a successful settlement.
Most people assume that, after an accident, the other party is to blame—and those assumptions are usually correct. Even if you haven’t been negligent, it’s still wise to retain legal counsel. Although the other party may be at fault, their responsibility must be documented.
Alabama’s contributory negligence laws tend to favor the defendant, who is more likely to challenge assertions made in a personal injury claim. All it takes is the slightest shred of evidence to prove that negligence is shared, but an experienced injury attorney can use their legal knowledge and resources to tell your side of the story.
While Alabama’s contributory negligence law is strict, it shouldn’t mean going without the settlement you deserve. No one should be forced into debt over bills created by someone else’s negligent behavior, and we are committed to helping clients seek justice and attain fair compensation for their losses.
With our years of combined experience and our willingness to help Alabama’s residents recover everything to which they are entitled, we can help you work within the state’s strict rules. Use our online form to request additional information or call the firm to schedule a no-obligation initial consultation.
