THE MCBEAL LAW FIRM, LLC  

"Providing Legal Remedies in Civil & Criminal Matters"  

voice : (334) 265-1019    fax : (334)262-0464   email : info@McBealLawFirm.com

NEGLIGENCE

What is negligence ? Basically, negligence is the ommission of a legal duty which is owed to another and because of the ommission injury occures. To be guilty of negligance the defendant need not intent to cause any injury, harm or damage and need not has a reckless indifference to the consequences of his acts.

Elements : The basic elements of Negligence are: (1) where a person or entity has a duty to do something or not to do something for someone else or some other entity; (2) where the person or entity breached that duty; (3) where there was a link between the person's or entity's conduct holding the duty and the injury, harm or damage to whom the duty was owed; (4) where the person or entity owed a duty was actually injured, harmed or damaged by the one holding the duty.

Do you have a claim ? Under Alabama laws a negligence claim has to be filed with the proper court within two (2) years from the date of the injury, harm or damage. If the claim is not filed with the court within that time period, the claim is said to be barred, and you will not be able to proceed with the claim. Also, you must have had suffered some type of damages to your person or property.

If the conduct of the person or entity who owed the duty to act or not to act (what ever the case maybe) was done consciously or deliberately with malice, oppression, fraud, or wantonness toward the party whom was injured; then the injured party may recover punitive damages. Punitive damages is where a monitary amount is set high enough to punish the wrongdoer.

If you have suffered an injury, harm or damage with in the past two years and you beleive the facts of your matter can fit the four elements described above, then we would like to speak with you. You may have a claim for negligence.

Negligence cases most often requires a skilled advicate.

! Contact the Firm For Representation Information Regarding Prosecuting or Defending a Negligence Claim !

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