Negligence
The attorneys at Burns, Cunningham & Mackey, P.C., have a wealth of knowledge, experience and success in the area of negligence. Negligence is when a car wreck occurs because a driver was not following the rules of the road. Negligence is also when a medical professional (a doctor, nurse or other medical aid) causes injury because they failed to adhere to the proper medical standard of care. It also arises when a legal or financial professional causes injury or loss through failure to abide by the standards of their industries. To determine whether or not your loss or injury falls within the legal prohibitions against negligent behavior, contact us to discuss your claim.
A person or business is considered negligent if they act differently than a “reasonably prudent” person would act in any particular situation, or they fail to act as a “reasonably prudent person” would act. Negligence is a common claim in personal injury lawsuits. In a negligence suit, the plaintiff (the business or injured person) must prove that the defendant (the business or person believed to have caused the loss or injury) was, in fact, negligent in their actions, and failed to behave the way a reasonable person would have behaved under the same circumstances.
There are a number of ways to go about proving that the defendant acted negligently, such as questioning expert witnesses, demonstrating that the defendant broke a law that was established specifically to prevent the type of injury that occurred, or providing circumstantial evidence.
In a negligence case, there are four things that the plaintiff must prove:
- That the defendant was responsible for a duty to the injured party (or for a duty to general society, which includes the injured);
- That the defendant failed to properly execute their duty;
- That as a result of the breach of duty, the plaintiff suffered injury; and
- That the injury could have been reasonably predicted prior to the defendant’s action or failure to act.
Negligence is at the root of many lawsuits. In general, it applies to a situation in which a person doesn’t act “reasonably prudent,” causing physical, emotional or financial damage. When negligence is proven, it becomes much easier for an injured person to be successful in a lawsuit, both in and out of court.
In Alabama, specifically, if the plaintiff was injured partially due to his or her own negligence, that plaintiff would not be able to recover in court against a defendant.
If you have been wrongfully injured because of someone else’s negligent actions, there are remedies available to restore your rights and help you recover.
If you would like to chat now with someone from our office regarding your legal issue please call us now.
