Fleming & Chavers
 

         Call us today
         251.432.4070

Personal Injury

Personal injury is a branch of law that is designed to protect persons harmed by the careless or intentional actions of others. The personal injury legal system sets out the parameters for compensating victims injured by such careless actions.

To establish a personal injury claim, an injured person has the burden to establish three (3) criteria:

    • Liability: Liability in personal injury law is largely divided into three categories: intentional wrongs, negligence, and strict liability. The injured party must prove that another party is at fault.

    • Damages: Depending on the circumstances of the case, an injured person can seek damages for physical injury, lost earnings, impairment of future earnings, lifestyle changes, loss of support to loved ones, property damage, and past, present and future medical care and expenses. Damages may include: medical expenses; lost wages; emotional distress; property damage; pain and suffering; impairment of earning capacity; punitive damages; and life care.

    • Proximate Causation: Were the claimed damages proximately caused by the liable party?

Personal injury encompasses a broad spectrum of law including such areas as:

A. SLIP & FALL:

Slip and falls are the second leading cause of injuries in the United States. They account for an estimated 16,000 deaths each year. Alabama requires  property owners use reasonable care in the maintenance of their premises and avoid exposing others to an unreasonable risk of harm, such as a slip and fall or a trip and fall. Property owners have a duty to reasonably inspect for any unsafe conditions on their premises and either to repair or give adequate warning of conditions that pose a risk of harm to others.

A victim of a slip and fall must prove  the property owner knew or should have knownabout the dangerous condition that caused the slip and fall accident, and that he failed to remedy it. In some instances, a property owner may have a duty to post warnings of a danger (such as "wet floor" signs), but these warnings must be visible and effective in order to be deemed sufficient.

B. DOG BITES
Dogs are unpredictable. A pet that is submissive to its owner can be aggressive to others. Dogs that have never so much as growled at anyone can suddenly attack for no discernable reason. Children are at high risk because they spend more time playing with dogs. They are also more likely to provoke an attack, perhaps because they have less experience reading dog behavior. Dog bite injuries typically involve deep bite wounds. A dog's powerful jaws and teeth can crush bones. Dog bite victims may require several surgeries, including reconstructive surgery, to repair the damage. Infection is often a problem. A bite by an unvaccinated dog may put the victim at risk for rabies.

C. Other Areas Personal Injury:

  • Swimming pool accidents

  • Explosions and Fire

  • Boating accidents

  • Sexual abuse

  • Pedestrian accidents

  • Motorcycle accidents

  • Nursing home abuse

  • Negligent security

When our lawyers go to court, we rely on an extensive professional staff  including private investigators and  unbiased medical professionals and expert consultants. Together, we research the conditions under which your accident occurred to obtain a favorable result in a cost efficient manner.

   
 

DISCLAIMER: This site and the information provided is intended and offered for informational purposes only. It should not be construed as providing legal advice or legal opinions as to any specific facts or circumstances. The information on this site and any contact with the firm made through this site does not establish an attorney-client relationship. Information on this site should not be substituted for consultation with a licensed attorney. To obtain legal advice or opinions about Alabama law, schedule an appointment to personally consult with a licensed Alabama attorney.

©2011-2014 Fleming & Chavers, LLP, Attorneys  |  169 Dauphin St., Suite 300 |  P.O. Box 1204   |  Mobile, AL 36633 | 
(O) 251.432.4070   |  (F) 251.432.4074