Birmingham Personal Injury Attorney

Do You Have the Elements to File an Injury Claim?

The majority of personal injury claims come down to the question of negligence. Was the other party (the defendant) guilty of negligence, recklessness, or an unlawful act? If the answer is yes, you likely have grounds to file a personal injury claim in Alabama. The civil courts place a burden of proof on the injured party (the plaintiff) in these cases. It is the plaintiff’s duty to prove the defendant’s negligence. There are three elements you need to prove to fulfill your burden as a plaintiff:

1. The defendant owed you some duty of care. This is often easy to prove since most other people owe at least a duty not to cause harm. Other motorists owe you duties to drive safely. Doctors owe patients the highest standards of care within the professional relationship. Property owners, product manufacturers, and government agencies may all owe you certain duties of care.
2. The defendant breached the duty of care. The breach is typically the act of negligence or recklessness that created the hazard. A “breach of care” can be anything that goes against an industry’s accepted standards within the situation. Examples include a driver falling asleep behind the wheel, a surgeon carelessly nicking an artery, or a product manufacturer releasing a dangerous or defective item.
3. The defendant’s breach caused the accident in question. Causation must exist between the defendant’s negligence and the accident that resulted in your injuries. The defendant’s breach doesn’t have to be the only cause, but it must have at least contributed. There may be more than one defendant at fault, depending on the factors that led up to the incident.

You must also show that the accident caused you real damages, such as personal injuries or financial losses. This may require medical documentation and expert witness testimony. Every personal injury case is different. There are dozens of forms of negligence that could make you eligible for compensation. Always speak to an injury lawyer when considering the question of negligence, due diligence, and duties of care. Our Birmingham personal injury attorneys know what it takes to convince the civil courts of negligence and to maximize recovery amounts.

Is Retaining an Attorney Worth the Expense?

In most cases, yes. A good attorney will not offer to take your case unless they believe there is a good chance of garnering enough money to make the lawsuit worthwhile. Most personal injury attorneys – including The Mitchell Law Firm, LLC – do not get paid unless they win compensation. That means you have virtually nothing to lose in filing a claim. Our attorney’s fees come directly out of any financial awards we win on your behalf, not out of your pocket.

Our skilled lawyers have won seven-figure settlements and judgment awards for our clients. One conversation with us could help you understand just how much your claim could be worth. The value of a claim depends on the extent of damages and the effects an injury will have on the plaintiff’s life. It’s our job to show the judge or jury just how much havoc a personal injury accident has wreaked on your life. With an attorney by your side, you can truly maximize your damage recovery. For more information, call (866) 948-6275 to reach our Birmingham injury lawyers.