Because Alabama is a contributory negligence state, many defendants attempt to avoid paying compensation to an injured party by claiming that the plaintiff, too, was at fault in the accident. Because contributory negligence is an absolute defense to a negligence claim in Alabama, a successful contributory negligence argument is fatal to the plaintiff’s suit. Or course, the defendant has the burden of proving contributory negligence, as it is an affirmative defense.
Assuming that contributory negligence is either not a factor or the defendant’s efforts to prove fault by the plaintiff are unsuccessful, the plaintiff may recover payment for lost wages and loss of future earning capacity, past and future medical expenses, pain and suffering, and other damages. If the defendant does not have enough liability insurance to satisfy the plaintiff’s judgment, the plaintiff may be able to seek additional compensation from his or her own uninsured or underinsured motorist insurance carrier.
Schedule an Appointment with a Results-Oriented Robertsdale Car Accident Lawyer
Time is of the essence when it comes to car accident cases. The Alabama statute of limitations controls the time during which a claim may be made, but other deadlines may apply as well. Failure to take action within the appropriate time period usually prohibits a plaintiff from recovering money damages. To schedule an appointment to discuss your case with a helpful Robertsdale personal injury lawyer, call Attorney Whit A. Thomas and ask for a free case evaluation. Most cases are handled on a contingency fee contract, so no legal fees are required up front to get your case started.