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Lawsuits & Litigation

Who Should File a Lawsuit After an Accident in Alabama?

— November 8, 2022

The most crucial issue in any accident lawsuit is whether the defendant’s behavior was responsible for the losses that the plaintiff is claiming.

Birmingham, AL – Various accidents happen every day in Alabama, and many of them are related to motor vehicle crashes. People who have been harmed will find that they suddenly have expenses related to healthcare, and they may have to miss time from work. These kinds of losses may be covered by an insurance policy in some cases, but it is also possible that the victim will need to bring an accident lawsuit to be compensated appropriately. Anyone who has experienced sudden financial losses may want to speak with an accident attorney in Birmingham about bringing a civil case and related issues. 

Lawsuits for compensation

Civil negligence lawsuits are available to anyone who has experienced losses due to the carelessness of any person, business, or entity. This type of case says that the defendant breached the required standard of care for the situation, which was the cause of the plaintiff’s injuries and other losses. The standard of care is based on what a reasonable person would have done in the same situation, being mindful of the specifics of the environment. 

Negligence lawsuits

The elements of a negligence lawsuit include a relevant standard of care, a breach of the standard of care, actual causation of the plaintiff’s injury, and damages. Damages are especially important because the victim’s attorney can list a summary of costs related to their medical treatment, lost income, property damage, and any other costs that followed the accident. There is also the possibility that non-economic damages may be available to compensate a victim for quality of life issues such as trauma, physical pain, and mental anguish.

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Determining whether the defendant is at fault for the losses

The most crucial issue in any accident lawsuit is whether the defendant’s behavior was responsible for the losses that the plaintiff is claiming. This is why it is important for the victim to work closely with their attorney to provide the right kinds of evidence. This may include things like pictures and videos of the accident scene, reports from the police about the damage and possible causes, and testimony from anyone who witnessed the incident. The outcome of the case can often depend on the strength of the evidence. If the plaintiff is able to provide clear and conclusive evidence of negligence by the defendant, it is likely that the case will end with a favorable settlement. Trials have become fairly rare in accident lawsuits due to the additional time and expense required. 

Additional help from a legal professional is a website that lists accident lawyers in Alabama and every other state. Anyone who needs assistance after being injured can choose their location and a practice area to meet with a local attorney. 

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