
You may be entitled to compensation if you or a loved one have been involved in an accident in Birmingham, Alabama. Your financial recovery may include money for your medical bills, lost income, and pain and suffering. Understanding your rights and how the process works can be overwhelming. Below, we’ve compiled answers to some of the most frequently asked questions to guide you through the process.
If you have additional questions or would like to discuss your case, don’t hesitate to contact us for a free consultation.
What Is a Personal Injury Case?
A personal injury case arises when someone’s negligence (e.g., a car accident), recklessness, or intentional actions (e.g., assault) cause harm to another person. This harm can result in physical injury or emotional distress.
To prove negligence for your personal injury claim in Alabama, four elements must be satisfied:
- The at-fault party owed you a duty of care.
- The at-fault party breached that duty of care.
- Their breach directly caused your injuries.
- Your injuries are as severe and life-altering as you claim.
Consulting with an experienced personal injury lawyer can help you determine if you have a valid claim.
What Are the Most Common Types of Personal Injury Cases?
Thousands of personal injury cases are filed every year in Alabama. Some of the most common types of personal injury cases include:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Bicycle accidents
- Slip and fall accidents
- Dog bites
- Medical malpractice
- Premises liability
- Product liability
- Workers’ compensation
- Wrongful death
No matter the type of accident you were involved in, a personal injury lawyer can help you pursue justice. A skilled lawyer can ensure that the responsible party is held accountable for your losses. Let us help you navigate this difficult time and seek the compensation you deserve.
How Can a Personal Injury Lawyer Assist With My Case?
A personal injury lawyer can significantly improve the outcome of your case. A skilled attorney can help you with insurance claims and legal proceedings, and will protect your rights as you recover from your injuries. Here are some other ways a personal injury lawyer can assist you:
- Investigating the cause of your accident
- Identifying responsible parties
- Explaining the legal process and your rights
- Gathering evidence to support your claims
- Offering sound legal advice at every stage of the legal process
- Consulting with experts to strengthen your case
- Reviewing and assessing your damages
- Managing the administrative aspects of your case
- Communicating with the at-fault party’s insurance company
- Negotiating a fair settlement on your behalf
- Representing you in court if necessary
Personal injury cases can be lengthy and complex, but having a skilled lawyer on your side can make the process smoother. A lawyer can also increase your chances of securing the compensation you deserve.
How Much Does It Cost to Hire a Personal Injury Lawyer?
Most personal injury attorneys work on a contingency fee basis. This means that you don’t pay any upfront costs. They only collect a fee if they successfully recover compensation for you.
Typically, personal injury lawyers take a percentage of the final settlement or verdict. The percentage usually ranges from 33% to 40%, depending on the specifics of the case. Always feel free to ask about fees during your initial consultation. Having this conversation early on helps you avoid any surprises later.
What Is the Value of My Personal Injury Case?
The value of a personal injury claim depends on several factors, including the severity of your injuries, how they affect your life, and the amount of medical care required. Common factors in determining the value of your case include:
- The cost of medical treatment and future healthcare needs
- Ongoing rehabilitation and therapy expenses
- Lost wages and future earning potential
- The severity and long-term impact of your injuries
- Property damage
- The effect on your quality of life
- Emotional distress and mental anguish
In Alabama, both economic and non-economic damages may be awarded. Economic damages include medical costs, lost wages, and property damage. Non-economic damages cover pain and suffering, emotional distress, and loss of enjoyment of life. You may also be entitled to punitive damages if gross negligence is involved. However, punitive damages are rare and are intended to punish the at-fault party.
In the case of wrongful death, the surviving family members or personal representatives of the decedent’s estate can seek compensation for burial expenses, loss of consortium, and other related losses. While a lawsuit cannot replace the loss of your loved one, it can help bring closure and hold the responsible party accountable.
What Is the Deadline to File a Personal Injury Claim in Alabama?
Alabama’s statute of limitations for personal injury cases is generally two years from the date of the accident. This means you must file your claim within this timeframe to avoid losing your right to seek compensation.
Certain exceptions may extend this deadline, such as if:
- You discover your injuries after the accident occurred
- You were a minor at the time of the accident
- The at-fault party leaves the state or is unavailable
Failing to take legal action before the statute of limitations expires could result in forfeiting your right to compensation. Also, delaying your claim could result in losing important evidence or witness testimony. This could negatively impact your case.
If I Am Partly at Fault, Can I Still Recover Damages?
Alabama applies a strict contributory negligence standard to personal injury cases. Even if you are found to be 1% responsible for your accident, you will be barred from recovering compensation for your case. This is why it’s important to hire an experienced personal injury attorney. They can shield you from allegations of fault and help you pursue the full extent of your damages.
Contact Our Birmingham Personal Injury Attorneys Today
If you have more questions or need assistance with your personal injury case, don’t hesitate to contact Belt, Bruner & Barnett Personal Injury Lawyers. Our experienced team is here to guide you through the legal process. We will fight tirelessly for the compensation you need.
Reach out today to schedule a free, no-risk consultation at (205) 206-5088. Let us handle the legal complexities of your case while you focus on getting your life back after an accident. We are committed to protecting your rights and achieving the best possible outcome for your case.