Car Accident Attorney in Birmingham, Alabama
After going through a car crash in Birmingham, Alabama, you will surely have a lot of things on your mind. Besides being concerned with your health condition, you are also concerned about compensation. That is entirely normal, especially when you have a family to feed. You will incur physical therapy, medical treatment, medication, hospital visits, and other expenses. If you or your loved one has been involved in an auto accident in Birmingham, calling an experienced Car Accident Attorney will assist you in getting the compensation that you deserve.
Petro Immigration Attorneys’ law office has gained extensive years of experience, not only in immigration but also in personal injury. We help people secure a substantial and fair financial recovery for every car wreck injury. Our personal injury attorneys in Birmingham are dedicated to helping you present the most comprehensive, complete, and relevant claims possible. We thoroughly evaluate your car accident case and offer personalized legal service. Set up a free consultation now to have your case assessed!
Alabama Car Accident Adheres to a "Fault" System
It is expressly stated in Alabama’s tort laws that anyone found liable for an injured party’s damages must compensate for their losses. This is in stark contrast to the laws of other states, also known as the “no-fault” system, which demands that lawsuits be limited following an auto accident.
It’s good that Alabama’s fault system provides three prudent options after suffering injuries or other damages in a car accident. In such cases, you can have the following:
- File a claim with your insurance policy to determine the covered losses.
- Submit a third-party appeal with the insurance carrier of the liable driver.
- File a civil case against the responsible driver for the car accident injuries.
Statute of Limitations in Birmingham, Alabama
Every Birmingham law, including car accident law, constitutes a statute of limitations in Alabama. This limits how long you can file a claim after a car accident. However, this deadline will vary depending on the damage incurred by the injured victim.
- Personal Injury – In most car accident claims, the Alabama statute of limitations is two years. During this period, the injured victim can seek the necessary compensation following an automobile accident. The claim is no longer valid if the victim does not file a case in civil court within two years.
- Wrongful Death – If a loved one or a family member was wrongfully killed in a car accident due to someone’s negligence, you have two years to file a wrongful death claim.
- Property Damage – Specifically, Section 6-2-34 of the Alabama Code provides six years for you to file your claim. This petition, however, is limited only to property damage, such as but not limited to cars.
To get positive results in your personal injury case, it is no doubt essential to consult with an experienced Birmingham car accident lawyer. The complexities of car accident law will not be a problem if you hire a wise and strategic attorney. As the statute of limitations provides a certain period when you can file the lawsuit, hiring a car accident lawyer today is excellent. Contact us now to schedule a free consultation.
Negligence Laws for Liable Parties
Even though Alabama’s rule on contributory negligence for auto accidents changes the legal system against victims, there is still hope of receiving just compensation. Instead of thinking it is impossible, talk immediately to an experienced Birmingham car accident attorney to explore your legal options.
Contributory negligence can also affect the amount of money you can recover from auto insurance companies. The insurance adjusters will base their decisions on assumptions about the case before the court. As a result, if they claim you are to blame, you have a slim chance of negotiating a fair settlement.
Limitations on Recoverable Damages in Birmingham
There is no general limitation on the amount of compensation you can receive under current Alabama law. The civil court is not prohibited from awarding a specific amount to the injured party. However, it is worth noting that a cap can be applied to your case.
- Municipal Liability – If the injuries you sustained were due to a collision with a police officer on duty, you could recover more or less $100,000.
- Small Business Liability – The defendant in your lawsuit might be a small business whose one of its employees caused the car crash. In cases like this, Birmingham law limits your compensation to 10% of the business’s net worth or $50,000, whichever is deemed higher.
- Punitive Damages – When a negligent driver demonstrates significant malice, the judge can legally exact punishment by requesting compensation higher than your expenses. However, this compensation is limited to around $1.5 million, or three times your car accident claim.
Statute on Medical Reimbursement Evidence
In other cases, your personal injury claim for car accidents may be or have been paid by another source. According to § 12-21-45 of the Alabama Code, the defendant in your lawsuit can send evidence directly to the court proving you received third-party reimbursement, which may increase the likelihood of your case failing. However, the same law also permits you to provide a substantial rebuttal to reject the defendant’s claims.
Types of Damages You Can Recover After an Auto Accident
Accident victims can get compensation for the damage and suffering they incur due to someone else’s negligible act. Every personal injury claim commences with your personal injury lawyer giving a demand letter to the defendant for your associated expenses such as, but not limited to, lost wages and medical bills. If your insurance company does not agree to give you a fair settlement, your car accident lawyer may advise you to initiate a lawsuit to seek damages through the civil court.
Although many car crash injury claims are settled without having to go to court, you may be entitled to the following compensation if your case proceeds to trial:
- Economic Damages. These are the types of monetary compensation a victim could receive. Economic damages can include lost wages, medical bills, property damage, and future medical bills.
- Noneconomic Damages. This includes but is not limited to disfigurement, suffering and pain, bodily injury, and loss of consortium.
Another sort of damage that is not included in the list is punitive damages. However, this damage is exclusive to cases where defendants intentionally engage in wantonness, fraud, oppression, or malice. Examples of punitive damages are accidents caused by drunk drivers.
Common Injuries Recorded in Auto Accidents an 18-Wheeler Truck Accident?
Car accidents are thought to have a high risk of causing a slew of injuries. Some people may suffer from mild severity, while others may completely be uninjured. Still, many people may have a chronic disability or a catastrophic change that will transform their lives.
The common injuries that people suffer in Alabama are as follows:
- Internal Organ Damage
- Neck Injuries
- Sprains
- Nerve Injury
- Spinal Cord Injury
- Paralysis
- Muscle Strains
- Traumatic Brain Damage
- Fractures
Undoubtedly, the more severe the injury, the more expensive it will be. Aside from being expensive, accident victims are also treated for several weeks or months, some taking years. All of this happens while the victim cannot work again to support themselves or their families.
Several insurance companies will reject any injury claim which is deemed to be a preexisting condition. To prove that your injuries were caused by a car accident, you must contact an experienced Birmingham Car Accident Attorney. Family members of car crash victims who died due to severe injuries may file a wrongful death complaint.
Birmingham, Alabama Car Accident Laws
Alabama car accident laws require motor vehicle drivers to keep proof of insurance that meets the minimum amounts specified in Alabama Code 32-7-6(c). In that law provision, it is stated that vehicle operators must have insurance with at least $25,000 coverage for death or bodily injury to another person when an auto accident happens. In cases of two or more persons involved in an accident, $50,000 is mandated by the law, which also entails $25,000 for property damage.
Many people in Alabama have insurance policies that provide more coverage than what is demanded by state law, while other vehicle operators are uninsured. Victims can claim damages through uninsured motorist policies; however, uninsured drivers may still be liable for the injury.
The laws of Alabama require every car crash victim to initiate legal action against the accused within two years from the date of the accident. For some individuals who are legally incapable of filing their complaints, the statute of limitations can be extended until their incapability is lifted. One common example is when the car accident victim is a minor. Unless otherwise reached the legal age to file a lawsuit, the two-year period will not count.
Another example where they can apply an exception is when the vehicle operator escaped after a car accident and cannot be tracked. In this case, the period during which the accused cannot be found will not be counted against the two-year statute of limitations.
In any of the cases, whether the statute of limitations is applicable or not, getting wise legal advice from a dedicated Birmingham Car Accident Attorney will help you prevent future conflicts and constraints.
How to deal with an insurance company following an Auto Accident?
You need to talk to your insurance company’s representatives in the aftermath of every car accident. In most cases, you will be contacted by an adjuster. You may believe that the insurance company representative is concerned about your health, but keep in mind that they work for the insurance company, and their job is to conserve the company’s money.
In other words, the insurance company’s primary purpose is to protect its end. In doing so, they want to resolve your case as little as possible. The insurance company will first be unwilling to divulge how far it will go to reduce your compensation.
In these cases, you need the legal advice of an experienced Birmingham Car Accident Attorney. They can assist you in dealing with insurance companies and speaking with them on your behalf. An excellent personal injury lawyer is knowledgeable about the nature of your claim and is more prudent in negotiating a more reasonable settlement.
In most cases, the insurance company will contend that you were to blame for the injuries you sustained or that you do not deserve to be compensated for any of the damages. As a result, you must contact an experienced personal injury attorney to receive the legal help you need.
Examples and Types of Car Crashes
The most common examples and types of auto accidents are as follows:
- Rear-End Crash – This occurs when two drivers are driving on the same road simultaneously when the front driver suddenly stops and is rear-ended by the car behind. To prevent them, maintaining proper distance is the best way.
- Side-Impact Crash – Also known as a T-bone collision. This type of car accident occurs when one vehicle collides with the side of another vehicle. This frequently happens at intersections. For instance, a car turns left and fails to stop in oncoming traffic. The intensity of the damage will be determined by the level of impact as well as the speed.
- Head-On Crash – This occurs when two cars collide as they approach each other. A large percentage of these collisions are severe and fatal.
- Single Vehicle Crash – Cars collide with a stationary object in this type of accident. This occurs when they are out of control and run off the road due to poor workmanship or worn-out tires. In this type of crash, a third party can still be held liable, such as when you avoid a car running a red light and crashing into a traffic light pole. In such cases, the red light runner is liable for the damages.
- Multi-Vehicle Crash – From the term itself, this involves three or more cars. Multi-car collisions, like head-on collisions, are frequently severe and fatal. This occurs when one car collides with another while colliding with another from different angles. This happens when the road is too busy.
- Hit-And-Run Wrecks – It is when a driver escapes the scene after hitting a vehicle or a person. In cases like these, you will find it difficult to determine the driver’s identity.
What should you do if you are involved in a car accident?
The first thing you should do is seek medical attention as soon as possible, regardless of whether you need to be moved to an emergency room or go to the hospital by yourself. You should be aware that some symptoms will not appear for several days or weeks. Any medication delay can be used against you if you file an injury claim. The insurance company will find it questionable why you allowed yourself not to seek medical care when you were badly hurt. To be safe, you should see a doctor.
If you are able to take pictures using your smartphone, take as many pictures as you can while you are still at the accident scene. Get pictures of the vehicles involved, people, and other necessary factors that you think can help you in your case. If you identified some people who witnessed the accident, ask for their contact details and let them know you might need them when a witness is required. If you are unable to do these tasks due to severe injuries, go ask a family member, friend, or other people close to you.
Be cautious of your words if you are phoned by the insurance company of another driver. Accept no claims adjustments.
Call our Birmingham Car Accident Attorney Today!
Birmingham car accident laws are undeniably tricky and confusing. Working on your case alone while suffering from injuries will be more challenging than working with an experienced Birmingham Car Accident Attorney. You must save time and effort to recover quickly and receive the compensation you deserve.
The immigration lawyers of Petro Immigration Attorneys are not only experts with immigration laws but also have substantial knowledge in Personal Injury cases. We will walk you through the entire process and will make things less complicated for you. Our strong dedication and extensive experience handling personal injury cases will enable us to offer wise legal options. If you want the compensation you deserve, set a free consultation today!
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Scarred and traumatized by a car accident?
Let a car accident attorney in Birmingham, Alabama help you win your case. You are already suffering from injuries, mental trauma, and other personal obligation that may have been affected by the accident, so don’t waste another day worrying about medical bills that may come your way. Heal, take the time to rest and recuperate, and let a Birmingham, AL car accident attorney deal with insurance companies. Schedule a consultation with one of our attorneys today!