Our Attorney Can Represent You in Various Injury Cases
If you were hurt because of someone else’s negligence, you likely have a viable personal injury case. If you can show they acted carelessly or recklessly and caused your injuries, you can hold them legally responsible to the fullest extent allowed under Alabama law. Our Opelika attorney handles these personal injury cases every day.
Our team knows how to build a case based on:
Car Accidents
According to the Alabama Department of Transportation (ALDOT), there were 143,487 crashes resulting in 37,792 injuries and 975 fatalities in 2023. When a car hits another car, a motorcycle, a bicyclist, or a pedestrian, the victim can suffer serious injuries. Negligent drivers are usually liable, but vehicle manufacturers and government entities could play a role. Alabama supports fault-based car accident claims and requires that all drivers carry auto liability insurance coverage.
Truck Accidents
ALDOT also reported 2,590 injuries and 134 fatalities involving large trucks and commercial vehicles in 2023. When a truck driver causes a crash and injuries, their employer is often liable. This is thanks to a legal doctrine known as respondent superior that creates vicarious liability for employers.
Construction Accidents
When workers suffer injuries from falls, falling debris, or other unsafe work conditions, they may have a case against the property owner, a general contractor, or another party.
Medical Malpractice
If a healthcare provider fails to provide an accepted standard of care, their negligence can cause serious injuries. Alabama’s medical malpractice laws allow victims to hold doctors, hospitals, and clinics responsible.
Nursing Home Abuse
Nursing home residents might suffer physical, emotional, or financial harm because of neglect and abuse in their residential facility. Liable parties include facility administrators, owners, or contractors.
Premises Liability
When injuries occur due to unsafe property conditions, the property owner, building manager, or tenant might be liable. This liability generally applies when the responsible party knew or should have known about the hazard.
Slip and Falls
When wet floors, uneven flooring or ground, or poor lighting causes a fall, the property owner or maintenance team might be legally responsible for any falls that occur.
Dog Bites
When a dog bites and causes injuries, the victim may be able to hold the dog’s owner responsible based on the state’s dog bite rule or the owner’s negligence.
What Must Our Injury Lawyer Prove to Win a Case?
Personal injury cases are based on negligence. To hold a party accountable for their negligence, we must ensure we have evidence to show all four elements of negligence occurred. These are:
- Duty of care
- Breach of duty
- Causation
- Harm
Alabama laws create duties of care for many people. Some examples include:
- Drivers must follow traffic laws to prevent accidents
- Property owners must keep their properties free from dangerous hazards
- Doctors must provide an accepted standard of care for patients
- Nursing home administrators must provide adequate care for residents
When one of these parties fails to uphold the duty of care they owe, their breach of duty can cause an accident or incident that harms another person. This failure is what leads to many collisions, premises liability injuries, medical malpractice cases, and other types of injuries.
To hold the negligent party responsible, we must investigate what happened and gather compelling evidence to document these four elements. This process allows us to demand fair compensation from the liable party’s insurance carrier or ask a jury to award it at trial.
What Evidence Will a Lawyer Use to Support Your Claim?
When our Opelika personal injury attorney is building a case for compensation, our team takes a number of steps to identify, preserve, and analyze the available evidence to determine what happened and identify all possible liable parties.
The evidence available depends on the type of accident and the unique circumstances of the case. Some types of possible evidence we can use to prove a personal injury case include:
- Official Reports: We obtain official reports about the accident and injuries. This could include police accident reports, workplace incident reports, or other official documentation related to the accident.
- Medical Records: Relevant medical records provide proof of injuries, treatment, prognosis, and future care needs. They also tie the injuries to the accident, which can be essential in some cases.
- Photographic and Video Evidence: We seek and preserve photos and videos from the crash scene. This documents injuries, property damage, hazards, and other crucial details. Sometimes, we can also get video of the incident, often from surveillance footage.
- Witness Statements: We interview bystanders, other victims, and first responders to understand what they witnessed and determine how it fits with other evidence.
- Expert Testimony: Opinions from medical professionals, accident reconstruction specialists, financial analysts, and care planners often play a role in developing a convincing case.
- Documentation of Damages: We gather documents and work with experts to understand the potential settlement range of accident cases based on our client’s expenses and losses.
Some cases have more evidence or stronger evidence than others. Our goal is always to develop a compelling case that convinces the liable party’s insurance carrier or a judge and jury to award fair compensation for our client.
If we need to file a lawsuit, AL Code § 6-2-38 gives us two years to file the complaint in the Lee County court. Meeting this deadline is essential. Missing it could mean losing the right to hold the liable party accountable.
Discuss Your Opelika, AL, Injuries With Our Attorney for Free
At the Law Office of Dwayne L. Brown, our Opelika personal injury lawyer provides free consultations for victims hurt in negligence accidents. We can help you learn more about your rights and discuss how our attorney can help you get justice. Call us today.
