Alabama’s Comparative Negligence Rule

Alabama’s comparative negligence rule affects how legal liability is determined in personal injury cases. Depending on the facts of the case, a plaintiff may be found partially or even wholly at fault for their injury. This is why it’s important to understand how the rule works, especially if you’ve been injured in an accident.

1. What Is Comparative Negligence?

Comparative negligence is the legal principle which allocates responsibility for an injury or accident between parties based on their percentage of fault. Under Alabama’s comparative negligence rule, if a plaintiff (the person filing the lawsuit) is found partially responsible for their injury, their damages award is reduced by their portion of the fault. In other words, if a plaintiff’s total damages award amounts to $100,000, but they are found to be 30% at fault for their injury, their damages award will be reduced by $30,000.

2. How Does Comparative Negligence Work In Practice?

In Alabama, the court or jury determines the amount of responsibility attributed to each party involved in an accident. If the plaintiff is found responsible for any part of the accident or injury, the appropriate percentage of fault is subtracted from the damages award.

For example, an injured plaintiff files suit and is found to have contributed 20% to the accident causing their injury, meaning the defendant in the suit is found to be 80% at fault. The plaintiff’s damages award is then reduced by 20%. If their total damages award amount is $100,000, they will receive only $80,000.

3. What Is Pure Comparative Negligence?

Alabama is a pure comparative negligence state, meaning that even if a plaintiff is found to be more than 50% at fault for the accident, they are still entitled to a damages award, although it will be reduced to reflect their portion of fault.

For example, if a plaintiff is found to be 70% responsible for an accident, they will be awarded only 30% of their total damages, meaning they would receive $30,000 instead of their $100,000 total damages award.

4. What If A Plaintiff Has Already Paid For Medical Treatment?

If a plaintiff has paid for medical treatment related to their injury, that amount will not be subtracted from their damages award. This means that the plaintiff can still recover compensation for any medical treatment related to their injury, even if they are found to be partially responsible for it.

5. What Kind Of Evidence Can Help My Case?

When facing a comparative negligence case, the best evidence is that which proves that the defendant is wholly or mostly to blame for the accident. This can include witness testimony, physical evidence from the accident scene, expert opinions from third-party experts, and any other evidence that can support the prosecution’s case against the defendant.

These guidelines are important to consider when building a comparative negligence case in Alabama as they will help determine how much compensation you may be entitled to. If you have been injured in an accident and believe you may be entitled to compensation, it’s important to speak to an experienced personal injury attorney to discuss your legal options.