Thomas A. King, P.C.
Negligence means the same as
carelessness. The elements
necessary for recovery are: (1) a duty on the part of the defendant; (2) breach
of that duty; (3) a causal relationship between the breach and the injury; (4)
injuries to the plaintiff. It can
also be an omission. Negligence is
the lack of such care as a reasonably prudent and careful man would have
exercised under similar circumstances. The
“reasonable man” obviously varies depending upon the relations between the
parties and the facts of the particular accident, or event.
The defendant may argue against a negligence claim
and Underinsured Motorist Coverage- Alabama statute
states that no policy of automobile liability insurance will be delivered or
issued for delivery in Alabama "unless coverage is provided therein ... for
the protection of persons insured thereunder who are legally entitled to recover
damages from owners or operators of uninsured motor vehicles because of bodily injury,
sickness or disease, including death." The statute further provides for coverage for the insured
when "[t]he sum of the limits of liability under all bodily injury
liability bonds and and insurance policies available to an injured person after
an accident is less than the damages which the injured person is legally
entitled to recover."
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This Page was Last Updated on 05/05/2004