Alabama Negligence Attorneys
Filing a Negligence Claim
When you entrust a child, elder, or loved one to a caregiver, you expect that caregiver to provide nothing less than the highest quality treatment. Unfortunately, this is not always the case. Many caregivers—whether they work in a daycare center, provide medical care in a nursing home facility, or host children in a foster home—fail to provide an acceptable level of care, whether through negligence or intentional misconduct. This can have serious and tragic results.
If you or someone you love has been harmed by the negligence of a trusted caregiver, turn to the team at Morris Haynes Attorneys at Law. Our Alabama negligence attorneys represent victims of all types of abuse and neglect and have recovered more than $1 billion in compensation for our clients. We are ready to fight for you.
What Is Negligence?
Generally speaking, negligence is the failure to provide an adequate and/or appropriate level of care to others or in certain situations. In legal terms, negligence typically refers to one person or party’s failure to uphold the “duty of care” owed to others.
A duty of care is a legal responsibility to act reasonably and carefully so as to avoid causing foreseeable injury. There is an implied duty of care in many different situations. For example, motorists have an implied duty of care to others on the road. They must follow traffic laws and drive with caution so as to avoid causing accidents, which could result in serious bodily injury or death. The same is true of professional caregivers, such as daycares, nursing homes, assisted living facilities, hospitals, and foster homes. These entities—and their individual staff members—have a duty to provide an acceptable standard of care to residents, patients, and children in their care. Failure to do so could constitute negligence.
Examples of Negligence in Professional Care Facilities
Some examples of negligence in professional care facilities include:
- Diagnostic errors, such as misdiagnosis, delayed diagnosis, or failure to diagnose
- Failure to treat or delayed treatment of various medical conditions
- Medication errors, including improper dosage, overdose, and administering the wrong drug
- Failing to provide for residents’/patients’ basic care needs
- Intentional infliction of injury/abuse against residents, patients, or children
- Failing to take reasonable measures to prevent foreseeable injury
- Failing to pay attention to, oversee, or supervise patients, residents, or children
- Unsafe and/or unsanitary conditions
- Too few staff members/poor patient/resident-to-staff ratio
- Negligent hiring or improper training of staff
These and other forms of negligence can have serious consequences, from devastating bodily injury to wrongful death. When care facilities or staff members provide substandard or inadequate care, they can and should be held accountable—and Morris Haynes Attorneys at Law can help.
Types of Negligence Cases We Handle
At Morris Haynes Attorneys at Law, we represent victims of all types of negligence throughout the state of Alabama.
Our attorneys primarily focus on negligence cases involving the following:
We are passionate about standing up for the rights of children, seniors, and other vulnerable individuals, and we are committed to holding negligent care facilities accountable for the harm and devastation they cause. While we strive for swift and favorable resolutions for our clients, we have the necessary experience and resources to go to trial whenever necessary.
How can I prove a caregiver or facility was negligent?
To prove negligence, you must first prove that the defendant (the person or party against whom you are bringing the claim) owed you (or your loved one) a duty of care. This means you must establish that the defendant had a legal responsibility to provide adequate care for you or your loved one. Next, you must prove that the defendant failed to uphold this duty of care, resulting in injury. Lastly, you must prove that you or your loved one suffered specific damages as a result of the injury, such as medical expenses, lost income, pain and suffering, etc.
What is considered “reasonable care?”
“Reasonable care” typically refers to a generally accepted standard of care in the given situation. Different people and entities are held to different standards of reasonable care, meaning what constitutes “reasonable care” will differ between a doctor, a nursing home, a daycare center, an emergency room nurse, etc. However, to determine what is considered “reasonable care” in a given situation, one can look at what another similarly qualified provider (doctor, nurse, caregiver, etc.) would have done or would not have done in the same or similar circumstances. If the defendant’s conduct varied from this standard, the defendant may have failed to provide reasonable care.
How long do I have to file a negligence lawsuit in Alabama?
The statute of limitations on most negligence-based claims in Alabama is two years. This means that you typically have two years from the date of injury to file a lawsuit for damages. If the injury was not discovered right away, the deadline may be deferred to two years from the date on which the injury was discovered or reasonably could have been discovered. There are some exceptions; we encourage you to reach out to our Alabama negligence claims attorneys at Morris Haynes Attorneys at Law as soon as possible to discuss your legal rights and options.