When you are involved in an accident and you are injured as a result, you may want to be compensated for any injuries that you sustain. However, for you to be compensated for your injuries, it must be found that another person either intentionally caused or negligently caused your injuries. Though intentional behavior can be easily understood, what is negligence and how does it work? If you or a loved one have been involved in an accident, it is in your best interest to contact an experienced Huntsville and Madison County personal injury attorney so that we can strategize about the best possible outcomes for your situation.
What is Negligence?
Here is the legal definition of negligence: the failure to exercise the amount of care necessary in a given circumstance. Negligence is the tort claim that is used in most personal injury cases, whether auto accidents or slip and fall cases. When a plaintiff sues for negligence, there are four elements that the plaintiff must prove in order to succeed at a negligence claim.
- A plaintiff must show that the defendant owed the plaintiff a duty to act a reasonable manner.
- A plaintiff must show that the defendant breached that duty or standard of care by acting or failing to act in a certain way.
- A plaintiff must show that the defendant’s action or inaction was the legal cause as well as the actual cause of the plaintiff’s harm.
- A plaintiff must show that there were damages sustained from the defendant’s negligent behavior.
If the plaintiff can prove these four elements, then the plaintiff may have a successful negligence claim. It is important to note, however, that Alabama is a contributory negligence state. This means that if the plaintiff contributed to his or her own harm to any degree, he or she is barred from pursuing a negligent action. Because of this, it is important to seek legal advice and representation if you have been put in this situation.
Need Legal Advice?
When someone has negligently caused your injuries, you deserve to be compensated. This compensation may be possible under a negligence theory. Because negligence can be difficult to prove, depending on the case, it is invaluable to seek legal advice and representation if you find yourself in this position. If you or a loved one have been involved in a personal injury accident it is in your best interest to contact an experienced Huntsville and Madison County personal injury attorney at Hornsby Watson & Hornsby to help you with your case. Contact our office today.