David Greene from Greene and Phillips Law Firm joined us on Studio10 to explain the term "Negligence" and what it means legally. Below is a list of some of the questions and answers discussed on the show.
What is Negligence?
Negligence is a term used to describe when someone fails to live up to a commonly accepted level of care. If you are driving a car, and not paying attention then hit another vehicle. That is negligence. You are not taking the proper care in that situation. If you are driving and hit someone and injure them while you are distracted, their injuries are a result of you not taking proper care. Another example: If a contractor has not installed a railing correctly and you lean against it and fall, that contractor is negligent; he did not take proper care when installing the railing.
How does negligence differ from intentional harm?
If someone hurts you intentionally, the city or the state will bring criminal charges against you and those cases are often handled by the district attorney or the state attorney. If someone has an accident and does not intend on hurting anyone but ends up hurting you, they can be held responsible for the injury and be required by a court to pay for damages.
What sort of damages can be awarded in negligence cases?
1. All your medical costs
2. Property Damage costs
3. Lost Wages
4. Pain and suffering costs
What you actually gets depends on the level of insurance on the other person's side and on your side, if you have Uninsured Motorist Policy, you will be covered much better than without it.
If you are hurt due to the negligence of another person, what are your options?
You really should look into hiring a lawyer that handles this type of case. They can help guide you through the complexities of making a claim, asking for a settlement, and if necessary take the case to court.
Alabama is a contributory negligence state. What does that mean?
That means if the other side can prove you were 1% at fault, then you are not eligible for damages. That's a very good reason to make sure you hire an injury lawyer before you talk to a representative of the other side. They may try to trip you up into admitting some guilt in the accident.
Greene & Phillips
50 North Florida Street
Mobile, AL 36607
Sponsored by: Greene & Phillips
A Baldwin County resident and his girlfriend were shopping at the Piggly Wiggly grocery store in Foley recently and noticed an envelope sitting on a shelf with money in it.
A year ago the Auburn tigers finished the season 3 and 9, winless in the SEC. Following the 2012 season, Auburn hired a new head coach, Gus Malzahn – who has changed the script for the Tigers.
Robertsdale police say a man was the victim of a hit and run Saturday, around 30 minutes before the start of the city's annual Christmas parade.
Tre Mason rushed for 304 yards and four touchdowns, leading No. 3 Auburn to a wild 59-42 victory over No. 5 Missouri in the Southeastern Conference championship game Saturday.
The GoDaddy Bowl announced Sunday, December Ball State University (10-2, 7-1) with the Mid-American Conference has accepted an invitation to play in the 2014 GoDaddy Bowl game against the Sun Belt Conference co-champion, Arkansas State University.
A new study says Alabama has more than 4,700 businesses labeled creative industries and they account for 71,000 jobs and more than $2 billion in annual payroll.