Elberta is a town in Baldwin County with a population that tripled in size between 2000 and 2010. It is the site of the Baldwin County Heritage Museum. U.S. Route 98 runs through the center of the town, connecting it to Foley to the west and Lillian and Florida to the east. County Route 83, an extension of Main Street, runs south toward Gulf Shores and the coast. County Route 87 links Elberta to U.S Route 90 and areas further inland to the north. Both residents and people who are traveling through the area can be injured in car crashes and other accidents that could have been prevented. If you have been injured because of someone else’s negligence, Elberta personal injury lawyer Whit A. Thomas can help. With extensive experience in personal injury law, he can advocate for your rights at each stage of the legal process. We believe in holding negligent parties accountable for the harm that they cause and are committed to helping injured people throughout Alabama.Protect Your Rights Through a Personal Injury Claim
Personal injury is an area of law that covers a variety of different types of accidents. Many of the most common examples include car and other motor vehicle accidents, medical malpractice, slip and falls and other premises liability claims, defective products, and nursing home negligence.
The concept of negligence is at the core of most personal injury claims. Negligence occurs when a person fails to use reasonable care, thereby directly causing preventable harm to a victim. Reasonable care is defined as how a prudent person would act in the same or similar circumstances. Thus, what is considered reasonable may vary from case to case. For example, a driver is simply expected to use an ordinary level of care, while a doctor is expected to meet a standard that applies to their specific area of practice.
Many different types of negligent actions can give rise to a lawsuit brought by a personal injury attorney in the Elberta area. A storeowner may leave spilled liquid in the aisle of a grocery store, leading to a slip and fall accident. A driver may text or talk on the phone while driving, which may lead to rear-ending the car in front of him at a high speed. A doctor may fail to conduct a proper differential diagnosis process, which may lead to a patient being diagnosed with a serious condition too late to treat it effectively.
The burden of proving negligence in a personal injury lawsuit is on the person filing the lawsuit (known as the plaintiff). The plaintiff must establish his or her case by a ‘preponderance of the evidence.’ Under this standard, also known as the greater weight of the evidence standard, the party whose version of events is more likely than not to be true will prevail.
When lives are cut short, it is always a tragedy, but when the death was preventable, that loss can be even more devastating. If you have lost a loved one in an accident, an Elberta personal injury attorney may be able to help you seek damages through a wrongful death claim. This must be pursued by the personal representative of your loved one’s estate. While most states permit family members to seek compensatory damages in wrongful death claims, Alabama allows only for the recovery of punitive damages. These damages are meant to punish the defendant, and they are paid to the heirs of the victim, rather than to their estate.Seek Guidance Following a Serious Accident in Elberta
Being in an accident is not only physically painful but also stressful and exhausting. Hiring a personal injury lawyer in the Elberta area may not be the first thing that comes to mind after an accident, but you should seek legal counsel without delay to understand the options that you may have. Whit A. Thomas offers compassionate and knowledgeable representation to people in many areas of Alabama. To get started on your case, call us at (251) 943-9330 or contact us online to set up a free consultation.