Act of God. Contributory negligence. Shared fault.
These are the words used to threaten injured victims. Don’t let another party discourage you from seeking damages for your serious injury. When a loved one is seriously injured, the road to recovery can be daunting. Although Alabama is known as a “shared fault” state, there are legal protections for victims who have sustained serious injury.
Although natural disasters cannot be prevented, modern meteorological technology can predict many weather events. Property owners have a legal responsibility to take precautions before, during, and after a natural disaster. They may be liable for injuries sustained to another person as a result of negligence. Partnering with a qualified Alabama Accident attorney will ensure that your rights are protected. If you, or a loved one, experienced a serious injury in Mobile or Baldwin County, Alabama, review these frequently asked questions.
What is liability?
The law defines liability as “the legal responsibility for one’s acts or omissions.” In essence, a person is not only liable for actions, but also responsible for failing to act. In a hurricane, a property owner is responsible for taking precautions to prevent injury. Failure to do so is an omission of responsibility. The victim of injuries sustained as a result of another’s failure to act can seek damages.
What are damages?
Damages are the expenses the victim incurred as a result of the injury. Medical expenses and lost wages are damages. However, future medical expenses, pain and suffering are also damages a victim can seek to be compensated for. An Alabama injury lawyer should review your case to determine if you or your spouse are entitled to compensation for the pain and suffering, loss of companionship, resulting from your serious injury.
How do I prove liability?
- First, the victim, who will be referred to as the plaintiff during litigation, must provide evidence of the duty to act. Duty to act can include making recommended preparations for the hurricane, following regulations to prevent possible harm, and making necessary repairs.
- Second, the plaintiff must demonstrate that the property owner failed to act. A few examples of failing to act include failing to post signage and warnings of a the presence of a potential hazard.
- Finally, the plaintiff must establish a relationship between the property owner’s failure to act and the cause of the injury. Legally, this is referred to as “proximate cause.”
What is contributory negligence?
An unscrupulous property owner might attempt to dissuade the victim from filing a claim or seeking legal counsel with threats of Alabama’s “shared fault” law. Shared fault is a complicated legal issue in regards to serious personal injury.
Essentially, the law stipulates that if a jury finds the plaintiff is even 1% responsible for the injuries, no damages are paid. Victims of serious injury must consult a lawyer who specializes in Alabama personal injury law to review their case. Do not be re-victimized!
Time is of the essence
In Alabama, victims of personal injury are bound by a statute of limitations. This sets a deadline for the victim to file a claim against another party. When you have been seriously injured in an Alabama accident or natural disaster, don’t wait to contact a local attorney.
If seriously injured in any type of accident including those occurring on another property owner’s premises or due to someone else’s negligence, contact Foley injury lawyer Noel B. Leonard who specializes in representing victims of serious injury claims in Baldwin, Mobile, and Escambia Counties of Alabama. Contact Noel to discuss your case and schedule a consultation today or call 251-732-2701.