Negligence in Birmingham Personal Injury Cases

The vast majority of Birmingham personal injury cases are litigated under the legal theory of negligence. Negligence can be broadly defined as a person’s failure to exercise reasonable care in order to avoid a foreseeable risk of harm to another. If a person’s negligent act results in financial, emotional, or physical injury to someone who is owed a duty of care, then the negligent tortfeasor can be held liable for damages. In order to demonstrate negligence, the experienced personal injury attorneys at The Walker Law Firm must undertake an exhaustive review of all factors involved in your accident. To demonstrate to the judge or jury that a defendant acted negligently, each of the following four elements must be proven:

Duty of Care: You must first prove that the defendant owed you a duty of care. A duty of care is an obligation to exercise reasonable caution in order to avoid a foreseeable risk of harm. A duty of care is generally proven with little difficulty in auto accident cases, as all vehicle operators owe a duty of care to other drivers on the road. It can become more complicated with other types of personal injury cases.
Breach of Duty: You must also prove that the defendant breached the duty of care by failing to act with due caution in preventing a foreseeable risk of injury to you. Therefore, you must demonstrate that the defendant committed a careless, reckless, or intentional act in breaching the duty of care owed to you.
Causation: You must prove that the defendant’s breach of duty caused your injuries. Although this may seem relatively straightforward, proving causation can be extremely complex. An experienced Birmingham injury lawyer can investigate all possible causes of your injuries in order to properly establish causation in your personal injury case.
Damages: Finally, you must be able to demonstrate that you sustained damages as a result of your injuries. Damages can be physical, emotional, or financial.

Remember that each and every one of the above elements must be proven in order to recover damages in a negligence case. Therefore, if you can demonstrate the first three, but cannot convince a jury that you sustained damages because of the accident, you will not be able to receive compensation for your injuries. In addition, if you were in any degree at fault for contributing to the cause of the accident, you may be prohibited from recovering for your injuries. This is because Alabama law follows the doctrine of pure contributory negligence, which bars any recovery by the person filing the lawsuit if he or she was in any way responsible for causing the accident. Thus, if the judge or jury decides that you are even 1% at fault for causing your own injuries, you will not be able to recover any monetary damages.

Many different types of accidents may give rise to a claim of negligence. The following table lists some of the most common negligence claims in Birmingham personal injury cases:

Type of Claim	Description
Slip and Fall	When a person slips, falls, and is injured on someone else’s property.
Alcoholic Beverage Liability	When a purveyor of alcohol (social host or bartender) serves an underage or visibly intoxicated person who later is involved in an accident that causes injury to another.
Motor Vehicle Accidents	When the driver of an auto, motorcycle, or truck causes an accident in which a third party sustains injuries.
Medical Malpractice	When a doctor fails to maintain the level of skill and knowledge commonly exercised by other doctors.
Toxic Torts	When harm results from the wrongful exposure to a toxic chemical or biological substance through ingestion, inhalation, skin contact, or skin absorption. (Common examples are exposure to lead paint, asbestos or pesticides).

If you were injured as a result of the negligence of another, regardless of the nature of the underlying accident, it is important to contact an experienced Birmingham personal injury attorney to discuss the unique facts of your case. Call the Birmingham injury lawyers at The Walker Law Firm at 1-877-925-5373 today for a free consultation.

In all matters involving Birmingham personal injury, it is essential that measures be taken promptly to preserve evidence, investigate the accident in question, and file a lawsuit prior to the deadline imposed by the statute of limitations. If you have suffered a personal injury, call the Birmingham injury lawyers at The Walker Law Firm now at (877) 925-5373 or SUBMIT A FREE CASE EVALUATION. The initial consultation is free of charge, and if our Birmingham personal injury attorneys agree to accept your case, we will work on a contingent fee basis, which means our Birmingham injury attorneys get paid for our services only if there is a monetary award or recovery of funds. Don't delay! You may have a valid claim and be entitled to compensation for your injuries, but a lawsuit must be filed before the statute of limitations expires.

The above is not legal advice. That can only come from a qualified attorney who is familiar with all the facts and circumstances of a particular, specific case and the relevant law. See Terms of Use.