Proving negligence is a vital and necessary step for a personal injury claim to be successful. In absence of proof of negligence, you won’t be able to claim the compensation you deserve because the at-fault party and their insurance company are almost certainly going to deny their negligent actions which caused your injuries and losses. A profound personal injury attorney can help you take the right steps and gather sufficient evidence to establish liability of the negligent parties.
What Does Negligence Mean in a Personal Injury Claim?
Negligence is a legal theory as applicable in personal injury lawsuits for holding an entity or an individual liable for the injury and damages caused by their reckless or careless actions or inactions. Negligence, as per the Cornell Law School is a “failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances.”
Negligent conduct, in Alabama personal injury lawsuits, involves acting in a manner that may be harmful to others. This includes texting while driving, driving under the influence of alcohol, and others. Negligence can also involve inactions, such as not cleaning up a spill in a timely manner.
Elements of Proving Negligence in an Alabama Personal Injury Claim
Reasonable care forms a big part of proving negligence. You would need to consider what others would do in similar circumstances. People aren’t perfect and accidents can happen. Moreover, for proving negligence the plaintiff would need to prove that the defendant did not act with reasonable care. These are the four elements of proving negligence in a personal injury claim:
- Duty of Care: You would need to prove that the plaintiff owed you a duty of care. This is usually easy and straightforward since most people have a duty to behave in a reasonably careful manner. For instance, every motorist on the road has a duty towards other road users to drive in a reasonably safe manner.
- Breach of Care: The second component you need to prove is that the defendant acted in an unreasonable manner. Basically, this means that the person acted irresponsibly. For instance, a driver that runs a red light or a doctor that gives bad medical advice has breached their duty of care. The defendant should have acted irresponsibly or unreasonably, and failed in their duty of care.
- Damages: You should have suffered damages in the form of injury to file a personal injury claim. You would need to prove that the breach of duty of care resulted in your injury for a successful legal claim.
- Responsibility: Plaintiffs and their attorneys are required to tie the first three elements of the personal injury lawsuit together. You will need to prove that your injury would not have occurred if the defendant had acted in a different manner.
You would need to prove these elements for winning your personal injury lawsuit. An experienced personal injury attorney can help you file a claim and prove it for maximum compensation. This is someone who’s been through the legal battlefields before and knows how to handle an assortment of attacks.
Compensation for Negligence
The compensation you receive for your personal injury claim depends on the expenses borne because of the accident. The compensation you receive should match the amount required for making a complete recovery. Unfortunately, this is not always the case making it important to have a competent and tenacious lawyer on your side.
Financial compensation is usually not enough to remedy or reverse the harm caused in a severe personal injury accident. This is especially the case with car accidents. While compensation may never be enough to alleviate suffering, it can help you and your family move forward with your lives.
Importance of Proof in Personal Injury Claims
Accident victims don’t always realize that the burden of proving negligence lies on them in personal injury cases. You need to prove that the person owed you a duty of care, acted in a negligent manner, and caused injury to you. You should keep a journal after your accident. Keep a log of events and your personal accounts of how the injury has impacted your everyday life and keeps you from enjoying the things you once used to.
You will also need to provide proof of the following:
- Who was at fault
- Cause of the accident
- Medical treatment you should have undergone because of the accident
- Accident was the primary cause of your injuries
- Medical issues you have are caused by the accident
- Lifestyle changes because of the accident
These elements are not always easy to prove. To seek compensation, you would need to prove all four elements of negligence. The insurance company will try and underestimate your injuries to get away with paying less. You should note that the insurance adjuster is not on your side. An experienced personal injury attorney can help you gather sufficient evidence for filing a successful claim and proving negligence.
Legal Help is Here from Top-Rated Personal Injury Attorneys in Alabama
The qualified and diligent personal injury attorneys at the law office of Frank M. Wilson have years of experience in handling personal injury claims and successfully proving negligence. If you or someone you love has been injured in a personal injury accident, our accident attorneys can help you get the compensation and justice you deserve. To schedule your free consultation, call us at (334) 420-2931 or fill out this online contact form.