Understanding Contributory Negligence in Alabama Personal Injury Cases
How Fault Affects Injury Claims in Alabama
Many people are unaware that Alabama has one of the most stringent personal injury laws in the country. Alabama is one of only five jurisdictions that practice contributory negligence, as opposed to the 46 states that practice some form of comparative fault.
This strict legal standard of contributory negligence can over-complicate an injury case. At the Law Office of Richard F. Matthews, Jr., our Alabama personal injury attorney knows how to apply these laws to your injury case to protect your right to compensation.
What Contributory Negligence Means
Most states allow for partial compensation if you were partially to blame for an accident. However, in Alabama, contributory negligence means that you are completely barred from recovering compensation if you share any blame for the accident you were in. Even the slightest bit of contribution to the incident can eliminate all rights to compensation.
How the Law Affects Alabama Personal Injury Claims
With contributory negligence in play, you must approach personal injury claims differently in Alabama. Insurance companies and negligent parties try to use this law to their advantage to completely deny compensation. If they allege you even did the slightest thing wrong in the moment, they have justification to deny your injury claim.
Without an attorney, it's very difficult to overcome the obstacles insurance companies put in your way to deny compensation. First, they might accuse you of some type of negligence and contribution, which can be hard to challenge when you do not have the right evidence. Proving someone was 100% responsible for an accident is much more difficult than proving they were 55% responsible.
100% is the requirement in Alabama, so you need a skilled personal injury attorney who can present sufficient evidence of liability and challenge any allegations of negligence against you.
What Happens if Your Claim is Denied Due to Contributory Negligence?
Sometimes, insurance companies will simply deny claims, citing that you also contributed. If this happens, do not assume it is the end of the road. Their denial is based on the company’s investigation, which does not really consider your side of the story.
Your personal injury lawyer can build a strong case on an insurance appeal proving you were not to blame. If an appeal is unsuccessful, they can pursue litigation in civil court to present your case before a judge and jury.
Seek Legal Counsel from the Law Office of Richard F. Matthews, Jr. Today
Contributory negligence in Alabama is an unforgiving law. If you are found even slightly responsible, your claim can be denied completely. That is why it is so important to have a lawyer who understands how to build a strong case and keep the focus on the other party’s fault.
At the Law Office of Richard F. Matthews, Jr., we fight for injury victims across Alabama. If you have been hurt and are worried about losing your right to compensation, contact us today. Our Alabama personal injury attorney is here to stand up for you and work to protect your claim.
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established. These recoveries and testimonials are not an indication of future results. Every case is different, and regardless of what friends, family, or other individuals may say about what a case is worth, each case must be evaluated on its own facts and circumstances as they apply to the law. The valuation of a case depends on the facts, the injuries, the jurisdiction, the venue, the witnesses, the parties, and the testimony, among other factors. No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.
The Law Office of Richard F. Matthews, Jr. serves Montgomery County, Pike County, Elmore County, Autauga County, the River Region of Alabama and throughout the State of Alabama, including Montgomery, Troy, Wetumpka Prattville, Selma and Tuskegee. No attorney-client relationship is established by requesting a consultation or emailing Attorney Richard F. Matthews, Jr.. Information submitted in such communication is not privileged and may be subject to disclosure.
