Each year, a number of Alabama residents suffer from harm caused by the misconduct or carelessness of another person or entity. Sometimes these injuries are minor, but in more serious accidents they can be life-threatening or even fatal. If you’ve been hurt because of someone else’s negligence, having the right legal team on your side can have a critical impact on your case. Based in the Foley area, dedicated accident lawyer Whit A. Thomas can help you seek the financial compensation that you need to recover. We handle all types of personal injury claims, including motor vehicle accidents, premises liability, wrongful death, product liability, medical malpractice, and more.Assert Your Right to Seek Compensation
People who have been hurt because of the carelessness of another can seek monetary compensation for any harm that resulted. In most instances, the victim can file a negligence claim against the at-fault party. Whether a motorist ignores a stop sign, or a store owner fails to protect customers from a wet floor, careless actions by individuals or entities regularly cause injuries. To succeed in a negligence claim against the responsible party, a victim must establish the following elements: duty, breach, causation, and damages.
The duty element refers to the obligation to use a particular standard of care to avoid risking foreseeable harm to others. It can vary in different contexts, but generally it means acting as a reasonably prudent person would behave in the same situation. After the victim establishes that the defendant had a duty of care, he or she must demonstrate that the defendant breached this obligation. This requires showing that the defendant engaged in some conduct that fell short of the appropriate standard in that situation. Once these first two steps have been taken, the victim must prove that the defendant’s breach was the direct and proximate cause of the accident and that he or she suffered costs or losses as a result.
These are some of the ways in which negligence claims can arise in certain common areas:
- Motor vehicle accidents: A drunk driver crashes into another vehicle, injuring its occupants.
- Premises liability: A store owner fails to fix broken stairs inside its shop, causing a customer to slip and fall.
- Wrongful death: A cyclist is struck and killed when a truck driver falls asleep behind the wheel.
- Products liability: A defectively designed hip replacement forces its recipient to have rehabilitation surgery.
- Medical malpractice: A doctor leaves a sponge inside a patient’s body after an operation.
It is important to note that each state has a certain time window, known as the statute of limitations, within which a lawsuit must be filed. In the state of Alabama, a claim must be brought no more than two years from the date of an accident. Failing to file a lawsuit within the applicable period could mean losing your legal right to pursue your claim for compensation altogether. Therefore, you should not hesitate to consult an experienced Alabama attorney who will be vigilant about procedural rules.Discuss Your Injury Lawsuit With a Foley Lawyer
If you have been hurt in an accident near Foley or the surrounding communities, you deserve to have a knowledgeable and dedicated advocate on your side. Skilled injury attorney Whit Thomas can help assess whether you have a case and, if you do, protect your right to the compensation you deserve. Available damages for successful claimants may range from lost wages, medical expenses, and property harm to pain and suffering. We take pride in representing our Alabama clients and in making sure they understand their options as their cases progress. Our goal is to develop a strategy tailored to the details of each individual’s situation. We will diligently advocate for your rights, whether it is in a settlement negotiation or a courtroom. For more information, you can contact us online or call us at 251-943-9330.