October 10, 2019

What Distinguishes Negligence from Gross Negligence in Alabama?

Negligence is the leading cause of accidents in Montgomery, AL. It occurs when a person fails to exercise caution to avoid causing harm to another person. An example of negligence would be a driver texting while driving. Their actions amount to negligence and put other road users at risk of getting injured.

In Alabama, an individual’s actions can also be termed as grossly negligent. In such a case their behavior is more than simple carelessness and borders on intentional behavior. A person culpable of gross negligence is aware of the consequences and dangers of their actions. An Alabama personal Injury attorney would term the following as gross negligence.

  • A doctor prescribing a patient drugs they know they are allergic to.
  • A distributor selling products they know are defective.
  • A driver speeding in a school where children are out playing.
  • A driver driving while intoxicated
  • A nurse failing to provide food and water to an ailing patient.

If you are injured because of someone being negligent you should talk to an Alabama personal injury lawyer.

How Will an Alabama Personal Injury Attorney Help You If Your Accident Was Caused By Negligence?

If you’re injured due to negligence you can claim compensation from the party at fault.  A personal injury lawyer at The Vance Law Firm can assist you with the legal process to get compensation. For you to get damages in any negligence case (gross or not) your attorney would have to prove four factors.  They include:

  1. A duty of Care. A lawyer will have to demonstrate that the defendant had a legal duty to ensure your safety. A doctor, for example, has a duty to ensure a patient gets the best medical treatment possible.
  2. Breach of duty. If the defendant failed to ensure your safety, then duty was breached. Using the same example of a doctor if they offer a patient the wrong treatment they will have breached duty.
  3. For you to get compensated you must show that the defendant’s actions caused you harm. If a doctor offered you the wrong prescription but it didn’t cause you any harm you cannot recover damages.
  4. An Alabama personal injury attorney lawyer would also have to show evidence of physical harm or property damage.  To prove injuries a medical report can show harm caused by the defendant’s actions.

If all the above has legitimacy, your negligence case is valid and you can claim compensation.

What Are the Legal Consequences of Ordinary Negligence and Gross Negligence in Montgomery, AL?

In a case where ordinary negligence caused your accident, you may claim compensatory damages. Compensatory damages try to restore an accident victim to the position they were before the injury. This can be economic or non-economic. Non-economic damages cater for the physical pain and emotional suffering caused by an accident. Economic damages, on the other hand, help you recover expenses or losses incurred because of your injuries.

Economic damages can include medical bills, lost wages, property damages and more. Non-economic can include pain and suffering, loss of companionship, loss of enjoyment of life etc.

If gross negligence caused your accident you may have entitlement to punitive damages on top of the compensatory damages. Punitive damages are awarded to punish the defendant and deter them and others from acting in a similar manner. In Alabama, punitive damages at $1.5 million and cannot exceed 3 times the compensatory damages.

When you contact an attorney they will assess if your case qualifies for punitive damages. If it does they will aggressively pursue this compensation.

Talk to an Alabama Personal Injury Lawyer at The Vance Law Firm

After an accident, you might not be sure if negligence was the cause of it. To determine that you should talk to a personal injury lawyer as soon as you can. Our Attorneys can investigate your accident and find out if ordinary negligence or gross negligence caused it. Once we determine whether an accident was by negligence we will aggressively pursue the appropriate and maximum compensation. We have handled numerous cases involving negligence and coming to us will ensure you stand a better chance to recover damages.

We advise that you start your personal injury claim early because you only have two years to make a claim.  A claim made after two years will face dismissal and the party at fault cannot be liable. Call us today for a free consultation on your case.

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