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Oct 30, 2026 - Personal Injury by Cross & Smith

If you are injured by the negligence of another party in Alabama, you may be able to file a lawsuit and recover damages. Car accident and medical malpractice lawsuits fall under personal injury lawsuits, a branch of civil law. To recover on a personal injury claim, a plaintiff must show the following legal elements: The plaintiff was owed a duty of care by the defendant The defendant breached that duty of care The breach of the duty was the cause of the plaintiff’s injuries The injury was compensable If you are considering bringing a personal injury lawsuit, you should be familiar with the terms and concepts involved. Personal Injury Terms and Concepts Breach of the Duty of Care – A breach of the duty of care is deemed to occur legally when a person fails to meet the standard of behavior of a reasonable person.  Causation – Causation is a critical element in establishing liability in a personal injury case. Causation means the defendant’s negligent action led directly to the plaintiff’s injuries. For example, if you were injured when a driver failed to yield at a stop sign, you must show that without the defendant’s negligent behavior, you would not have been injured. Causation can be hard to prove because it is often subjective and nuanced. Contributory Negligence – This is an extremely important concept to understand if you are suing in an Alabama court. Contributory negligence is the situation where a plaintiff is deemed by the judge or jury to have shared some […]