This form is a sample answer and defenses filed by the defendant in response to a complaint filed by the plaintiff. This form lists multiple affirmative defenses from which to select.
Alabama Personal Injury Answer - Accident - Contract Involved
State:
Multi-State
Control #:
US-PI-0230
Format:
Word;
Rich Text
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How to fill out Personal Injury Answer - Accident - Contract Involved?
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FAQ
Contributory negligence laws in Alabama can prevent an injured person from recovering anything if they were in any way at fault for the accident. That means that negligence could be proven, yet the responsible party would still be able to walk away without paying any damages.
Contributory negligence is a legal defense that comes into play in some personal injury cases. Under this defense, if the person who was hurt did anything themselves that contributed to the accident or injury, then the defendant is not responsible for the injury.
Personal injury compensation awards will be calculated based on the type and seriousness of your injury, and any other losses you have suffered as a result, such as medical bills or if you cannot work.
Since damages are asserted in the plaintiff's negligence claim against the defendant, the defendant's contributory negligence charge involves only three elements: duty, breach, and causation.
Other examples of contributory negligence include: a motorcyclist weaving between lanes; a skier not wearing a helmet; a pedestrian not looking for traffic before crossing the road; an employee driving a vehicle recklessly on a private construction site.
As an example, a claim for property lost to fire after the insured was informed of faulty wiring but chose not to repair it may be considered negligent. Courts must decide how much damage was caused by the policyholder's behavior?which is the essence of contributory negligence?and payment could be reduced or denied.
There are two parts to a personal injury compensation settlement: General Damages ? to compensate you for your injury and for your pain and suffering. Special Damages ? to compensate you for any expenses you've incurred, loss of earnings, and your future care needs.
Last Clear Chance (Subsequent Negligence): The person with the ?last clear chance? to avoid an accident or injury is the culpable party. Guest Passenger Statute: A guest passenger in a vehicle can only bring an action against the driver for wantonness.