This form is a sample answer and defenses filed by the defendant in response to a complaint filed by the plaintiff.
Alabama Answer - Personal Injury - Pharmaceutical - Multiple Defendants
State:
Multi-State
Control #:
US-PI-0262
Format:
Word;
Rich Text
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How to fill out Answer - Personal Injury - Pharmaceutical - Multiple Defendants?
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FAQ
Under the 50 percent bar rule: the plaintiff may not recover damages if they are found to be 50% or more at fault. Under the 51 percent bar rule: the plaintiff may not recover damages if they are assigned 51% or more of the fault.
The 50 percent rule allows a plaintiff to recover damages only if he or she is 49 percent at fault or less. Stated in another way, a plaintiff is completely barred from recovery if he or she is 50 percent at fault or more.
While pure comparative negligence lets you make a claim if you're up to 99% at fault, modified comparative does not. There are two threshold rules used: a 50% rule and a 51% rule. With a 50% threshold rule, you cannot collect if you're 50% or more responsible.
Liability can be imposed upon multiple parties in some cases. Courts have broad authority to assign liability between multiple defendants based on the facts of the case. For example, courts may decide which amount each defendant should pay if all are found to be at fault.
Modified Comparative Negligence: Under the 50 percent bar rule: the plaintiff may not recover damages if they are found to be 50% or more at fault. Under the 51 percent bar rule: the plaintiff may not recover damages if they are assigned 51% or more of the fault.
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.
If there is more than one defendant listed in the complaint each must respond, or default may be entered against the defendants who do not file an answer. Two defendants can share one answer form, but each must sign the answer and pay a separate filing fee.
In the majority of jurisdictions, the judge is required to rule that the violation of the criminal statute is negligence per se on the theory that the legislature has, by forbidding certain acts, made absolute the standard of care required, and any violation of the statute is deemed to be inconsistent with the minimum ...
