You’re injured in an accident at work, or you have taken the wrong medication. Perhaps, you slipped and fell on the way to your car – do any of these things guarantee that you have a medical malpractice case, or any legal case?
Just because you get hurt doesn’t mean you have a lawsuit. There are a lot of things that come into play. For instance, someone hurts you and you think you’ll sue them. But, if the person who hurt you doesn’t have insurance for an intentional or criminal act, intentional harm may not be a great case upon which to sue someone.
Negligence is typically the action that will be pursued in a personal injury matter. It is the most common, but negligence is not necessarily recklessness. It is a lower burden to prove in terms of proving an injury.
Product liability is another area where you may want to pursue a legal case. The state of Alabama does not recognize strict liability for products. You must prove that the product was indeed defective. In other words – user error does not a case make.
The same is true with medical liability cases. Just because you did not get the outcome you wanted from a surgical or other medical procedure does not mean that you have a claim against the doctor. There are a lot of legal bars to be met before such a lawsuit is filed.
Another thing an attorney will look at in each case is liability. The lawyer must be able to show that the defendant acted in a negligent way. If liability cannot be clearly established, an attorney may not choose to take your case.
The bottom line is that if you have any questions about whether or not you may have a legal case, you will want to sit down with a qualified attorney and discuss all of the options. Most firms offer complimentary consultations where your status can be determined.
If you have legal questions, please consult our Online Legal Directory to find an attorney in your area.