When you sustain injuries due to the actions of another person or entity, you can hold the responsible parties accountable. We believe that every personal injury victim should have the opportunity to file a claim or lawsuit against the negligent party and receive compensation for their injuries.
If you require help from a personal injury lawyer in Montgomery, look no further than Morris Bart & Associates. We have handled countless cases like yours in the last three decades and are still eager to take on new challenges. So, schedule a free consultation to review your case today.
How Much Can I Get From a Montgomery Personal Injury Lawsuit?
The settlement or court award you can expect to receive for your Montgomery personal injury lawsuit will depend on your situation. The more losses you suffered because of your accident, the more you can expect to recover from your case. Your damages may include:
- Medical bills
- Lost wages
- Property damage
- Pain and suffering
- Permanent disability
You may also be awarded punitive damages depending on the nature of your accident if you were injured due to gross negligence or blatantly reckless behavior.
For a free legal consultation with a Personal Injury lawyer serving Montgomery, call (334) 523-0664
What Is Negligence?
A straightforward definition of negligence is an injury or damage caused by a person or entity’s lack of care. To prove negligence in most states, including Alabama, you need four elements:
You and your lawyer must demonstrate that the individual or individuals who owned or managed the facility or equipment that injured you had an ethical duty to prevent harm to you. In other words, they were required to ensure your health and safety.
Breach of Duty
The next thing you need to prove is that the individual breached their duty. There are times when unusual circumstances cause an accident; therefore, if the defendant can prove they were doing everything they were supposed to and didn’t breach their duty to others, your negligence claim could fail.
You must prove that your injuries were explicitly the result of the breach of duty. A person may not be found negligent if there was a breach, but it didn’t cause injuries. For example, a store may have failed to fix a cracked sidewalk, but a customer tripped because of the shoes they were wearing, not the crack.
Lastly, you and your attorney must demonstrate that your damages resulted from the breach of duty. Alabama personal injury cases typically require proof of injury treatment and medical records.
Montgomery Personal Injury Lawyer Near Me (334) 523-0664
Alabama Is a Contributory Negligence State
There are several negligence types, including gross, contributory, comparative, and vicarious. Alabama is a contributory negligence state which means that even if you are 1% to blame for your injuries, you won’t recover damages.
Though this rule applies only to individuals 14 and over, and children under seven years old can’t be considered at all negligent.
Arguing That Contributory Negligence Shouldn’t Apply in Your Case
Contributory negligence is a harsh rule that only four other states plus the District of Columbia follow. However, an experienced Montgomery personal injury attorney can argue that it shouldn’t be applied in your case by:
- Convincing the jury or judge that you weren’t in any way negligent.
- Demonstrating that your case fits within the willful and wanton behavior exception to contributory negligence. If you and your attorney can prove the defendant purposefully took part in highly risky behavior, you can still recover damages, even if you were partly responsible for the accident.
Call an Alabama personal injury attorney to help you develop the best way to handle contributory negligence as it applies to your case.
When Should You Contact a Personal Injury Lawyer in Montgomery?
There is no one right time to call a lawyer after an accident. However, you can consult with a personal injury lawyer right away. Our Montgomery personal injury lawyers at Morris Bart & Associates, LLC can guide you through the legal process if you don’t know where to start.
However, there are legal deadlines you need to be aware of. Alabama’s statute of limitations on personal injury is just two years. Therefore, if you fail to initiate your case within two years of the date of your accident, the courts may dismiss your lawsuit.
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Are Personal Injury Lawyers Worth It?
Our team of personal injury lawyers in Montgomery will be an invaluable asset to you on your journey to reclaim damages after your accident. Your lawyer can:
- Investigate the cause of your injuries
- Identify the liable parties
- Gather evidence to prove your claim
- Confer with medical experts about the severity of your injuries
- Handle all communications with insurance adjusters
- Negotiate your settlement to ensure your needs are met
Teaming up with a personal injury lawyer will protect your best interests. Insurance adjusters will use any means necessary to reduce your payout or keep from paying you anything at all. So, not only will your lawyer protect your right to compensation, but hiring a lawyer will also lighten your load so you can heal without worrying about your case.
Our law firm works on a contingency-fee-basis. We don’t ask clients to pay an upfront fee or any out-of-pocket legal expenses. Instead, a percentage of your settlement pays our firm. So, we only get paid when you win your case.
The Basis of Personal Injury Cases
In personal injury cases, the owner of a property or controller of an asset has a duty of care. When they breach that duty of care and someone dies or suffers injuries, the injured party can file a claim or sue them to compensate for their damages and losses. Such personal injury cases include:
Premises Liability Cases
Owners of public and private property should exercise reasonable care to protect the people visiting their premises from unnecessary risks. If the property falls below the standard of care, the injured party can hold the property owners liable. The owners’ legal duty to maintain a standard of care may include:
- Conducting a routine property inspection
- Employing robust cleaning, maintenance, and repair services
- Warning visitors about the risks of being on the property
Motor Vehicle Accident Cases
These cases make up a significant number of personal injury claims in the United States. A typical car accident may involve a private car, moving truck, cement truck, or tow truck colliding with other motorists or pedestrians. Common causes include:
- Driver negligence
- Driving under the influence
- Reckless and distracted driving
- Unqualified drivers
- Lack of vehicle maintenance
- Overloading large trucks
Medical Malpractice Cases
The negligent actions of health care providers can lead to devastating results that include severe injuries and wrongful death. While medical malpractice cases are complex, the services of a personal injury lawyer can help immensely. These cases may include:
- Birth injury
- Medication mistakes
- Pharmacy errors
- Misdiagnosis and missed diagnosis
- Improper treatment
- Surgical errors
Animal Bites Cases
If a dog bites you, the owner can be held financially liable and ordered to cover the damages for your injuries. Alabama Statute 3-6-1 allows victims to exercise their legal rights and file a claim against the owner. The state can hold the owner accountable based on the following:
- Negligent abandonment
- Inadequate training
- Failure to warn victims about the dog’s aggression
- Concealing the past dog’s aggression and propensity to bite
- Abusing the dog and causing it to hurt others due to fear
Products Liability Cases
A personal injury victim could file a product liability claim if they purchased a product that harmed their health in any way. Examples of such products include defective or dangerous foods, drugs, vehicle parts, and medical devices. When this happens, the following people can be held liable:
- The party who designed the product
- The party who manufactured the product
- The party who marketed the product
- The party who sold the product
Nursing Home Abuse
Every resident living in a Montgomery nursing home deserves to be treated with respect and dignity. Yet, unfortunately, elder abuse and neglect are an all-too-common part of the nursing home industry. Nursing home abuse examples include:
- Physical abuse
- Sexual abuse
- Financial abuse
- Emotional abuse
Nursing home facilities can also be held liable for a resident’s suffering if they:
- Hired under-qualified or unqualified staff
- Were consistently understaffed
- Breached mandated regulations
- Committed medical errors
This type of personal injury is particularly egregious for you and your family, which is why our legal team will fight to hold negligent nursing homes responsible for their actions.
Before You File a Personal Injury Lawsuit
Before you take legal action, we recommend that you take a few critical steps. When completed successfully, these steps can help you build a solid case against the parties involved.
Seek Medical Attention Immediately
While some injuries manifest immediately, others are delayed. This delay is why we recommend that you see a doctor immediately to receive thorough examinations. Also, having a medical report helps connect your injuries to the accident.
File a Police Report
If the accident occurred on public or private property, locate the establishment’s manager and file a report. If it was an attack or any form of personal injury case, call the police immediately. In all cases, remember to ask for a copy of the reports they file.
Take Photos and Videos
Digital evidence can help your case significantly. If you do not have a phone on your person, ask a bystander for help. It is best to take this step while on the premises or the location where the accident occurred. Furthermore, remember to preserve your footwear and clothes.
Collect the Contact Information of Witnesses
It is necessary to obtain the contact information and address of anyone who saw what happened. Whether a slip and fall accident or a car accident, make sure that you find several people to corroborate your story and hopefully testify when the need arises.
Preserve Your Expense Records
Depending on your claim, you may be entitled to receive compensation for the losses you have suffered. Keeping your expense records can help your lawyer negotiate during the settlement or trial.
Hire a Personal Injury Lawyer
While it may be tempting to face the liable parties and their insurance company alone, we advise that you seek the services of a personal injury lawyer in Montgomery. We can help you get the compensation you are legally owed.
Personal Injury Attorneys in Montgomery Can Help You Today
More than 30 years ago, the Morris Bart law firm committed to fighting for personal injury victims in Montgomery. Today, we are still going strong with countless success stories in our books and have no plans of slowing down.
We want you to be a part of our winning team. So, contact one of our Montgomery personal injury lawyers today for a free case review and discover how we can help you win your case.
Questions?Call us, Alabama.