Personal injury cases can be more complicated than you might imagine, and the courts apply specific laws to each case when making determinations. One necessary determination in each injury case is who was at fault for the injury. If a party was at fault, they should be liable for damages to the injured party. If the court gets the fault determination wrong, you can lose an injury case.
If your case might be heading to civil court, you need the right Montgomery personal injury attorney leading the matter. When you need an experienced litigator handling your injury claim in the Montgomery area, look no further than Luck Law, LLC.
The Plaintiff Has the Burden of Proof in a Personal Injury Case
In an Alabama personal injury case, it is the responsibility of the plaintiff to prove their case. This means that the burden of proof lies with the person who is claiming to have suffered harm or injury due to the actions of another party. The plaintiff must provide evidence and convince the court that the defendant is at fault for their injuries.
Montgomery civil courts use a standard called “preponderance of the evidence” to determine fault in personal injury cases. This means that the plaintiff must present enough evidence to show that it is more likely than not that the defendant is responsible for their injuries. It is not necessary for the evidence to prove fault beyond a reasonable doubt, as is required in criminal cases. The plaintiff must simply provide enough evidence to persuade the court that their version of events is more probable than the defendant’s.
Does Evidence Establish Negligence?
Most personal injury claims are based on negligence. The court will review the plaintiff’s evidence to see if it meets the burden of proof to show the defendant was negligent in causing their injuries. To establish negligence, the injured party must prove the following elements:
- Duty of care: The defendant had a legal obligation to exercise reasonable care to avoid causing harm.
- Breach of duty: The defendant failed to meet the required standard of care.
- Causation: The defendant’s breach of duty directly caused the plaintiff’s injuries.
- Damages: The plaintiff suffered harm as a result of the defendant’s actions.
The defendant also has the opportunity to present evidence defending against claims of negligence, which the court will also consider and weigh against the plaintiff’s evidence.
Contributory Negligence in Alabama
Alabama follows a harsh legal doctrine called contributory negligence. This means that if a plaintiff at all contributed to the accident, they cannot recover anything. A court will review evidence by the defendant of possible shared fault of the plaintiff to see if contributory negligence applies.
On the other hand, if the civil court determines the defendant was fully at fault for the accident, the plaintiff can recover compensation for their losses.
A Montgomery Personal Injury Attorney Ready to Help
Having the right legal representation in court is critical for all personal injury victims. After an injury, never wait to consult with a Montgomery personal injury lawyer from Luck Law, LLC. Case evaluations are free, so contact our firm today.
