Summerdale is a rural town located in Baldwin County with a population of nearly 1,000 residents. The total area of the town is about 10 square miles. People in the area can enjoy attractions such as Alligator Alley, the Spear Hunting Museum, and the Lakewood Riding Club. Like other Alabama communities, Summerdale sees its fair share of accidents. If you or your loved one has been injured in an accident caused by someone else’s negligence, you should not delay in reaching out to Summerdale personal injury attorney Whit A. Thomas. At our firm, we can thoroughly review the facts of your case and help you seek the compensation that you deserve for your harm. Whit A. Thomas represents victims who need a car accident lawyer or representation in claims involving slip and falls, motorcycle or truck accidents, defective products, medical malpractice, and workplace accidents.Seeking Compensation for an Accident
Personal injury cases involve injuries that are a result of someone else’s wrongdoing or carelessness. If your injuries were caused by someone else’s error, you may be able to recover damages for your harm by filing a negligence claim against the at-fault party. Negligence is when someone fails to take proper care in doing something. Reasonable care is defined as how a prudent person would act in the same or a similar situation. To win in a negligence claim, the plaintiff must establish that:
- The plaintiff was owed a duty of care by the defendant;
- The defendant’s behavior departed from the duty of care owed to the plaintiff;
- The defendant’s failure to use reasonable care was a direct cause of the plaintiff’s harm; and
- The plaintiff sustained damages that are reasonably quantifiable.
It is important to note that Alabama follows the “contributory negligence” rule, under which a plaintiff is barred from recovering any compensation if they contributed to the accident and their resulting injuries in any way. This is quite a harsh rule for plaintiffs. Although there are some exceptions, you will want to consult an attorney early in the process to make sure that any allegation of contributory negligence is rebutted to the extent possible.
The burden of proof in personal injury cases is on the plaintiff, who must establish their case by a preponderance of the evidence. This simply means that the plaintiff’s evidence must show that their version of events is more likely to be true than the defendant’s version of events.
In Alabama, plaintiffs may seek both economic and non-economic damages, generally including medical expenses, rehabilitation costs, and lost wages and benefits. If you have lost a loved one, you may be able to seek damages through a wrongful death claim. These cases are distinctive and complex because punitive rather than compensatory damages are available. In other words, damages are awarded to punish the wrongdoer and deter similarly situated people rather than to compensate the victim’s family. Alabama is unique among the 50 states in its conception of damages in wrongful death claims.Pursue a Claim with the Assistance of a Personal Injury Attorney in Summerdale
If you or someone close to you has been injured in an accident that was not your fault, you should speak to a Summerdale personal injury lawyer who understands this area of the law. There is only a limited amount of time to file your case, so it is important to act quickly. We typically try to settle a case out of court if a favorable settlement is available. However, if the defendant does not make a fair offer, we are not afraid to advocate for your rights in the courtroom. Whit A. Thomas represents people seeking a personal injury or wrongful death lawyer throughout Southern Alabama, including in Fairhope, Daphne, Gulf Shores, Mobile, Altmore, Monroeville, and other areas of Baldwin, Mobile, Escambia, and Monroe Counties. Call us at 1-251-943-9330 or contact us online to schedule your free consultation.