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What Percentage Will an Alabama Injury Lawyer Take from a Case?

One of the unique features of personal injury law is that lawyers don’t necessarily charge by the hour. Instead, they might offer a “no win, no pay” compensation structure, where you owe them nothing unless they win your case. How Contingency Arrangements Work In a contingency arrangement, the lawyer invests in the likelihood that you will win your claim. You and your lawyer will agree in writing that the lawyer gets a percentage fee based on the amount of your recovery. Since any percentage of zero is still zero, that means you owe nothing unless your lawyer wins compensation for you.  Some of the primary features of contingency arrangements include: “Winning” your case means actually receiving compensation, whether in court or at the settlement table. The opposing party will send the settlement check to your lawyer. Your lawyer will then deduct their own fee and provide you with the remainder. Depending on your agreement, your lawyer might deduct certain expenses as well, such as filing fees and postage costs. The exact terms of a contingency arrangement vary from lawyer to lawyer and from claim to claim. How Much of a Percentage Do Lawyers Make? How much of a percentage do lawyers make? Well, in a typical contingency fee arrangement, the lawyer makes 33-40% of the actual value of the recovery. They calculate this amount based on the amount that the opposing party actually pays. Advantages of Contingency Arrangements The contingency fee arrangement offers several advantages to clients., including: The lawyer probably won’t take your case if you have a weak claim. This can save you a lot of time and energy. Contrast that with a lawyer, paid by the hour, who can still make money whether you win or lose. If your claim is strong, then you can afford to retain a good lawyer without a dime in your pocket. In a contingency arrangement it is the quality of your claim that matters, not the thickness of your wallet. Your lawyer has an incentive to win you the highest recovery possible. After all, when you make money, they make money too. Contrast this with the hourly fee system where the lawyer has an incentive to spend as many hours as possible on your case. A contingency fee might seem like an unjustified expense. To put it into perspective, however, look at it this way. If hiring a lawyer triples the amount you receive (which is not at all uncommon), or allows you to win when you otherwise would have lost, they will be worth every penny of their fee and then some. Contact Us Today If you have been injured in an accident that you believe might have been someone else’s fault, you should seek full compensation for all your losses. Your losses include not only your physical injuries but psychological damages as well (your pain and suffering, for example).  You are going to need an experienced personal injury lawyer to maximize the amount of compensation you receive. That’s OK, because we have been fighting for personal injury victims for over 40 years now. Contact Fob James Law Firm, LLC, by calling 205-407-6009 or by contacting us online.

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What Is a Contingency Fee Lawyer in Alabama?

If you’ve been injured in an accident, you can bring a personal injury lawsuit to recover for your accident-related damages. While there is no legal requirement that you have an attorney represent you, most accident victims choose to retain an experienced Alabama personal injury lawyer. Not only can a lawyer make the recovery process much smoother, but they can also increase the overall chance of success. In fact, a 2014 study by the Insurance Resource Council found that accident victims who worked with an attorney recovered 3.5 times more in damages than those who pursued the claim on their own. In the wake of a serious accident, between the missed work and medical bills, money can be tight. Understandably, one of the most common questions accident victims have is how they will afford an attorney. The good news is that many Alabama personal injury lawyers take cases on a contingency basis. If you are wondering, What is a contingency lawyer? read on to learn more. What Is a Contingency Lawyer? A contingency lawyer is an attorney who takes a client’s case for no money upfront. Instead, the lawyer agrees to charge a fee only if they can help the client recover damages, either through a settlement offer or a favorable jury verdict. In some cases, the lawyer agrees to cover all litigation costs. This means that you do not need to come up with any money to bring your claim, and you will pay your attorney only if they can win your case. Attorney contingency fees are usually a percentage of the total award amount, less any expenses the lawyer paid for upfront. For example, assume you are injured in an Alabama car accident. You enter into a contingency fee agreement with a lawyer, who settles your case for $500,000. If your contingency agreement provided that an attorney would receive 30% of the recovery amount, your attorney would receive $150,000, and you would recover $350,000. However, if the lawyer advanced litigation costs, those would come out of the total as well. An attorney’s contingency fees vary. Often, a contingency fee agreement in a personal injury case will provide for one percentage if the case settles out of court and another percentage if the case goes to trial. This reflects the additional time and effort it takes to prepare a case for trial. In short, contingency fee agreements allow for accident victims to pursue a claim when they may not otherwise be able to pay for a lawyer. Have You Been Injured in an Alabama Accident? If you were injured in an accident and are considering a personal injury claim, call the Fob James Law Firm. Our dedicated Alabama personal injury lawyers have more than 40 years of experience aggressively representing accident victims. We handle all types of claims, including car accidents, truck wrecks, medical malpractice, nursing home abuse, and more. We take all cases on a contingency basis and typically advance the costs of litigation. To learn more, and to schedule a free consultation with one of our Alabama personal injury lawyers, give us a call at 205-407-6009. You can also reach us through our online contact form.

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What Is Alabama’s Negligence Law?

After any type of accident, you can bring a personal injury lawsuit against the party you believe to be responsible for your injuries. In the vast majority of personal injury cases, you must prove that the other party was legally negligent before recovering any damages. To prove another party acted negligently, Alabama negligence law requires you to establish each of the following elements. The other party owed you a duty of care; They breached or failed to fulfill the duty owed to you; Their breach of this duty resulted in or caused your injuries; and You suffered economic or non-economic damages as a result. While proving the elements of negligence may seem straightforward, complications often arise. One such complication involves the Alabama contributory negligence law. Alabama Contributory Negligence Law Alabama negligence law is unusual in that it imposes a strict barrier to recovery for anyone who shares responsibility for the accident leading to their injuries. In most states, if an accident victim is partially at fault for their injuries, the court will reduce their damages award by their percentage of fault. This is referred to as a comparative fault, or comparative negligence, model. However, Alabama courts use the contributory negligence model. Under Alabama contributory negligence law, an accident victim is not allowed to recover anything for their injuries from an accident if they are even the slightest bit at fault. For example, assume another driver hit you while you were making a left turn, causing a serious car accident. You were in the left-turn lane but forgot to use your turn signal. Next, assume that a jury found you sustained $200,000 in damages but that you were 10% at fault because you didn’t use your turn signal. In a state using a comparative fault model, your total recovery would be $180,000, which is your total damages ($200,000) less 10%. However, under Alabama contributory negligence laws, you would recover nothing. Contributory negligence is widely recognized as an incredibly strict and outdated legal doctrine. In fact, only a handful of states across the country continue to use a contributory negligence model. And, despite the efforts of Alabama personal injury attorneys and other organizations advocating on behalf of accident victims, Alabama lawmakers have yet to revisit this doctrine. That said, many accident victims are still able to recover compensation after an accident. With the assistance of an experienced Alabama personal injury attorney, you can develop a compelling case for recovery, even if you fear that the other party may claim you were partially responsible for your injuries. Did You Suffer Injuries in an Alabama Accident? If you or a loved one were recently injured in an accident, don’t assume that you are without options. Instead, reach out to the Fob James Law Firm to schedule a free, no-obligation consultation. Our Alabama personal injury lawyers will meet with you to discuss your case and provide you with an honest assessment. We take all cases on a contingency basis. This means that if you decide to pursue a claim, we will take your case at no upfront cost to you. We only charge you for our legal representation if we can recover compensation on your behalf. To learn more and to schedule a free consultation with an Alabama personal injury lawyer, contact the Fob James Law Firm at 205-407-6009. You can also reach us through our online contact form.

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Best Auto Body Repair Shops in Birmingham, Alabama

At some point, everyone needs a good auto body repair shop. If you are recovering from a car accident, you probably have a lot on your mind. From filing an insurance claim to settling any medical bills and hiring an attorney to repair your vehicle, there are a lot of logistics you must figure out.  Selecting a qualified body repair shop in Birmingham is important. The attorneys at Fob James Law Firm. LLC, have done some research for you and are happy to share our recommendations for car repairs in Birmingham.  A+ Tire and Auto Repair Location: 3620 Vann Road Birmingham, AL 35235 Phone Number: 205-661-3828 A+ Tire and Auto Repair is a NAPA AutoCare Center. Services that the A+ Tire and Auto Repair team can handle include: Wheel services, Wheel alignment, and Tire services.  The full-service repair team is available from 7:30 AM to 3:00 PM and offers after-hours drop off.  Sherrill Paint and Body Location 1: 2221 3rd Avenue South Birmingham, AL 35233  Phone Number 1: (205) 322-5684 Location 2: 8981 Roebuck Boulevard Birmingham, AL 35206 Phone Number 2: (205) 588-4388 Sherrill Paint and Body is an auto repair shop in Birmingham, AL, that has a variety of services to meet your needs after a collision. The shop has more than nine decades of combined auto body repair experience. The auto shop’s collision services include: Scratch and dent removal, Paintless dent removal, Auto glass replacement, Frame repair, and Replacement of exterior parts including fenders, bumpers, and doors. Additionally, Sherrill Paint and Body offers 24/7 towing, so you can get your vehicle into the shop as soon as you need to. Total Automotive Performance Company (TAPCO) Location: 600 24th Street South Birmingham, AL 35233 Phone Number: 205-533-8850 TAPCO technicians are factory trained and certified to reliably diagnose and repair your vehicle. Collision repair services that the team is equipped to handle include: Axle repair, Power steering repair, and Clutch repair. The TAPCO mechanics can repair both foreign and domestic vehicles. Vulcan Tire and Auto Location: 3214 Edwards Lake Parkway Birmingham, AL 35235 Phone Number: 205-661-2970 Vulcan Tire and Auto is a family-owned and operated business that has served Alabama since 2001. The shop provides car repairs in Birmingham, specializing in tires and wheels and also auto body repair. Some of the services that Vulcan’s mechanics can perform are belt and hose maintenance and differential repairs.  Vulcan Tire and Auto also offers a local shuttle service when you drop off your vehicle during business hours. Additionally, they offer 24/7 key drop off. Greystone Tire & Auto Location: 5465 Highway 280 South, Suite 101 Birmingham, AL 35242 Phone Number: 205-980-5113 Greystone Tire & Auto is a gold-certified NAPA AutoCare company. The auto repair shop is family owned and operated and promises friendly service when you bring your vehicle in for repair. The mechanics at Greystone Tire & Repair are certified to repair: Axle and CV joints, Belts and hoses, Brakes, Exhaust systems, and Four-wheel drive systems. This body shop in Birmingham, AL, also offers a shuttle service to the surrounding area for customers who drop their vehicle off during business hours. Durrell Tire & Auto Location: 9861 Parkway E Birmingham, AL 35215 Phone Number: 205-854-5518 Durrell Tire & Auto employs AES-certified technicians to ensure the best repair possible for your vehicle. To prove it, the shop offers a nationwide warranty on the services they perform. These services include comprehensive collision repair and paint jobs. The mechanics can work on any kind of vehicle, from a small two-passenger car to a large SUV.  Jim Burke Automotive Services Location: 1409 5th Avenue North Birmingham, AL 35203 Phone Number: 205-517-8321 Jim Burke Automotive Services is a full-service auto body shop in Birmingham, AL. The body shop is equipped to handle: Body panel repairs, Suspension repairs, Alignment and bumper damage repairs, and Glass replacements. The state-of-the-art body shop uses the most up-to-date technology to repair your vehicle.  Stivers Ford of Birmingham Location: 1922 2nd Ave S Birmingham, AL 35233 Phone Number: 205-941-6070 The team at Stivers Ford of Birmingham is composed of Ford-certified mechanics who can help get your car back in order. Although the auto shop specializes in Ford vehicles, it is able to work on other manufacturers’ vehicles, too. Some of the car repairs for Birmingham residents the shop can perform include brake and timing belt repairs. Call Fob James for Help Following a Car Accident While you rely on one of the professional local shops listed above to repair damage to your vehicle, let us help you seek compensation for everything you have lost and suffered as a result of your accident. Our team at Fob James Law Firm, LLC, has the experience you need to pursue your car accident claim in Alabama and help you recover the compensation you deserve. Call us or contact us online to learn more. 

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Who Is at Fault for a Changing Lanes Car Accident?

If another driver caused an accident that injured you, you deserve full compensation. That means compensation for your medical bills, lost wages, and even pain and suffering, among other components of damages. If you or the other driver was changing lanes during the accident, however, you have to prove that the accident was the other driver’s fault. And that could be challenging.  Lane Change Accidents and Fault: Alabama’s Draconian Contributory Negligence System In many accidents, more than one party is at fault for the accident. How should a court apportion damages when both drivers are at fault?  In most other states, a court will divide damages between the parties depending on their relative fault (65% at fault vs. 35% at fault, for example). In Alabama, however, a court won’t award you any compensation if you were even 1% at fault for the accident.  To win, you have to prove that the other driver was 100% at fault. This matters just as much in negotiations with the insurance company as it does in court. The insurance isn’t likely to pay any claim that they could defeat in court. You may find 100% fault very difficult to prove without an attorney, especially with the other side examining the evidence to prove you were at least partially at fault.   Who Is at Fault in a Car Accident While Changing Lanes? So who is at fault in a car accident caused by changing lanes? Typically (but not always), an accident is the fault of the driver who was changing lanes. If the other driver caused your accident while changing lanes, you might prove that they had an obligation to yield but failed to do so. This interpretation is particularly likely if the other driver caused the accident by trying to muscle into your lane during, say, merging. A Car Hit Me While Changing Lanes. How Do I Prove It? In law, you could say that nothing is true except what you can prove.  The following evidence is frequently useful when trying to prove a car accident claim: Photos of damage to the vehicles, the scene of the accident, and road conditions—even the nature of the damage can tell you something about how the accident happened; Surveillance videos from nearby businesses that might have captured the accident on film; Eyewitness statements or party admissions on body cam; The police accident report (usually not admissible in court except for party admissions, but often useful in other ways);  Black Box data from the involved vehicles;  Forensic examination and data download of the other driver’s cell phone data to prove he or she was a distracted driver; Testimony from an accident reconstruction expert. Long experience has endowed our car accident attorneys with the knowledge of how to prove fault and build a strong case with the evidence that is available.  We’ve Got You Covered If you have been injured in an Alabama car accident, you might not know where to turn. It’s not enough to be the victim of someone else’s negligence. You have to be able to prove it with admissible evidence. And you deserve full compensation for all your losses, not just some of them. That’s OK, because we’ve been doing this for over four decades now, and our clients are our mission. Contact Fob James Law Firm by calling 205-407-6009 or by contacting us online.

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Press Release – Fob James Law Firm Opens Montgomery Office

BIRMINGHAM, Alabama (November 9, 2021) – Fob James Law Firm, Birmingham based trial lawyers, has opened an office in Montgomery, Alabama. Personal injury attorney Donnie Riggins joined the firm and will manage the firm’s Montgomery office. Fob James Law Firm focuses on catastrophic personal injury, product liability, and fraud litigation across the country. Fob James, IV says that “the expansion into the Montgomery market will allow the firm to better serve its clients. Over the last 12 months our catastrophic injury caseload has steadily increased in Montgomery and the surrounding area. We were referring cases to Donnie and it got to the point where it made sense to open an office in Montgomery and let Donnie run with it. Donnie fits in perfectly with our aggressive all out approach to injury cases, and he gets big time results for his clients. We (and our clients) are lucky to have him on our team.” Fob James Law Firm is committed to helping clients with claims relating to personal injury, product liability, wrongful death, and fraud. Its dedicated team of attorneys has obtained large recoveries for clients totaling millions of dollars. If you or a family member is in need of assistance in Alabama, please contact our law offices at 205-407-6009 or 334-739-9000. We look forward to fighting for Montgomery residents.

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CPAP Lawsuit | September 2021 Latest Update

If you are on this web page, you are probably already aware of the pending class-action lawsuits against Philips over their recalled CPAP machines. And if you are one of the countless individuals who suffered injury from one of the recalled products, you are probably considering joining one of the ongoing lawsuits. To date, thousands of the nearly 18 million people who were affected by the recalls have joined CPAP lawsuit litigation.  Just this month, there was an update in the primary Philips CPAP recall lawsuit. If you are already part of the claim or want to file your own claim for a sleep device settlement, it’s important to remain aware of case updates. CPAP Class-Action Lawsuit: Do I Qualify? Before going into the recent update itself, let’s talk first about qualifying for the class action. If you are interested in getting your own CPAP sleep device settlement, you need to establish yourself as a member of the class of people noted in the Philips CPAP recall lawsuit complaints. We will outline the options and requirements for the CPAP lawsuit below.  Essentially, you need to have used one of the recalled products for one of the noted conditions and suffered one or more of the specific injuries associated with the recall. If you want to join the ongoing CPAP class-action lawsuit in question or want to sue for your own sleep device settlement, consult the following requirements. They were set forth by a multi-district litigation panel (MPL) regarding the ongoing Philips CPAP litigation.  Individuals in the protected class should have: Used one of the following recalled Philips (Respironics) devices for one year or more, for the treatment of obstructive sleep apnea: Dreamstation (1st generation);  Systemone; C-series; Omnilab Advanced Plus; Dorma 400; Dorma 500; or REMStar SE Auto; OR Used one of the following recalled Philips (Respironics) for one year or more, for the treatment of one or more respiratory conditions: Trilogy 100; Trilogy 200; Garbin Plus; Aeris; OR Lifevent; AND Developed one or more of the following medical conditions after using the noted recalled Philips (Respironics) products:  Asthma; Lung cancer; Chronic respiratory illness; Kidney disease; or Kidney cancer; OR Saw your condition worsen after using the noted recalled Philips (Respironics) products for one year or more. Essentially, to qualify, you need to show the following three things. First, you must show that you used one of the covered products for a year or more. Second, you must show that you used the product to treat one of the noted conditions. And third, you must show that you developed one of the noted medical conditions or that your preexisting condition worsened after using the product for the specified period. If you fulfill these requirements, you should qualify as a class member in one of the Philips CPAP class-action lawsuits. If this is the case, you should get in touch with a product liability attorney and join the suit as soon as possible. Unsure Whether Your Product is Covered? While we have the list of the device names that the recall and class action covers, you might not know exactly what model of Philips CPAP machine you have. If it isn’t covered by the recall, then your claim may have little chance of success. Luckily, Philips set up a sort of recall portal for you to use. With the tool, you can input your device’s serial number to see whether it is covered. Furthermore, if you sign up or register for the tool, Philips can keep you up to date on any future product recalls. If your specific device is not one of the recalled items, you may still have an individual claim against Philips. So if you don’t see your device recalled but still suffered damage due to a Philips CPAP product, call us at Fob James Law Firm as soon as possible so we can assess your claim.   The Latest CPAP Class-Action Lawsuit Update: October 2021 Now we can discuss the most recent update to the case. Essentially, the class action panel that determines who qualifies came out with guidelines on who can sue in this particular class-action claim. In other words, the panel has specified who qualifies as a member of the protected class. And their findings are exactly what was outlined in the previous section. Thus, if you meet these criteria, you can join the ongoing class action. Still, if you are unsure after applying the criteria to your claim, give Fob James Law Firm a call to see what your options are. Ready to File Your Philips CPAP Recall Lawsuit Claim? Whether you are ready to file a Philips CPAP recall lawsuit claim through an ongoing class-action lawsuit or want to file an individual claim, the product liability team at Fob James Law Firm can help you out. We know that you need a lawyer you can trust. At Fob James Law Firm, we make every effort to earn our clients’ trust by providing the most knowledgeable, professional, and compassionate legal representation we can. Let us see what we can do for your case. Call Fob James Law Firm for a free case review today!

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Hit by Drunk Driver in Alabama: What Is the Average Settlement?

Being involved in an accident with a drunk driver is an incredibly traumatic experience. After the accident, you may be wondering, What is the average drunk driving settlement for situations like mine? At the Fob James Law Firm, our Alabama car accident attorneys know that you have questions like this and more. Here is what you need to know about drunk driving settlements in Alabama and how our lawyers calculate them. Is There an Average Drunk Driving Settlement in Alabama? Since many drunk driving settlements are confidential, it’s impossible to determine an accurate average. There are also many factors that go into calculating a settlement for a personal injury case, so damages vary greatly. For this reason, it’s best to work with an experienced car accident attorney that knows how to estimate the value of your claim. Damages Used to Calculate a Settlement There are three types of damages that may affect the total amount of your settlement: economic damages, non-economic damages, and punitive damages. Each of these damage types has a different calculation depending on the situation.  Economic Damages Economic damages are any losses you incur in the accident with a specific dollar value. In other words, the losses must be tangible. This typically includes medical bills related to your treatment, vehicle repairs/replacements, lost wages, and more. Calculating economic damages is relatively straightforward compared to other types of losses. All you need to do is add up any bills or receipts you have related to your injury. For example, if you have $80,000 in hospital bills, $15,000 in lost wages, and $5,000 in vehicle repairs, you have $100,000 in economic damages. Non-Economic Damages Non-economic damages are more subjective than any economic loss. Instead of having a specific dollar amount, these damages are intangible. These losses include things like loss of future earning capacity, loss of quality of life, loss of consortium, and pain and suffering. To determine these losses, personal injury attorneys use various methods. However, one of the most popular methods is the multiplier method. For the multiplier method, your attorney uses a whole number, usually between one and five, to multiply the total economic damages. Typically, accidents involving serious injuries have a higher multiplier. For example, if you have $200,000 in economic damages and have paralysis as a result of your injury, your attorney may use a multiplier of five. This makes your non-economic damages $1,000,000. Punitive Damages Also known as exemplary damages, punitive damages are rare in most personal injury cases. However, it’s possible to receive punitive damages in drunk driving cases, since they are meant to punish the defendant. Courts and juries typically award punitive damages in cases of reckless or intentional misconduct that lead to injury.  Injured by a Drunk Driver? We’re Here to Help Although the average settlement for a drunk driving accident may be difficult to calculate, you don’t have to pursue your claim alone. The attorneys at the Fob James Law Firm have over 40 years of experience helping clients seek justice after being injured in an accident. Our goal is to handle every aspect of your case on your behalf so you can focus on recovery. To schedule a free consultation, contact us online or call us at 205-407-6009. We serve clients throughout the state of Alabama from our practice in Birmingham.

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What To Do After an Uber Accident

Uber’s rise in popularity has provided greater access to transportation, but it has also brought about more accidents on the road. While it is unfortunate to experience an accident in the backseat of your Uber, you may have legal options to seek financial compensation. If you’ve been involved in an Uber accident as a passenger, The Fob James Law Firm is ready to help you. Uber Accidents in Alabama Uber has been available throughout Alabama since 2018. With more Uber drivers, you can expect more accidents on the road. Because of this, there are special insurance rules for Uber accidents in Alabama. If an Uber driver is driving a passenger, Uber’s company insurance policy comes into play. The state of Alabama requires Uber to carry $1 million liability coverage. Additionally, Uber must provide their drivers with $1 million in uninsured motorist coverage. If an Uber driver is active on the app but is not driving any passengers and does not have any ride requests, Uber’s policy applies. In Alabama, Uber’s policy must provide drivers with: $100,000 coverage for injuries; $25,000 coverage for property damage; and $50,000 coverage per person for medical expenses. It is important to note this is a secondary policy. After an Uber accident, the other person must file a claim with the driver’s insurance company before they can go after Uber’s insurance. Finally, if an Uber driver is completely logged off the app and not working, the driver’s car insurance will provide coverage. Because they are not currently working, Uber’s insurance would not cover the driver in case of an accident. In Alabama, every driver must have minimum car insurance coverage, including: $25,000 bodily injury per person; $50,000 bodily injury per accident; and $25,000 property damage. Therefore, after an Uber accident, it is crucial to know whether the driver was working or not. An Uber accident claim lawyer can help you get the details of your accident straightened out. Who Is Responsible for Uber Accidents? Determining who is responsible for an Uber accident often requires some investigation. Was there a passenger in the Uber at the time of the accident? Was the Uber driver on the way to pick up a passenger? Was the Uber driver off the clock and making a personal trip? If you are a passenger in an Uber and an accident occurs, Uber would be responsible. This means you would file a claim against Uber’s insurance policy. If you’ve been involved in an accident while riding in an Uber, a car accident attorney in Alabama could help you navigate your claim. What To Do Immediately Following an Uber Accident What you do after an Uber accident could have an impact on your claim. If possible, after your accident you should: Call 911, Seek medical care, and Take photos and videos at the scene. Lastly, you should contact an Uber accident lawyer as soon as possible. Uber accident claims can be tricky, but an experienced attorney can help give you peace of mind while seeking the financial compensation you need. Let an Uber Accident Attorney Help You The Fob James Law Firm has had the pleasure of working alongside countless clients throughout the years. We offer the highest quality legal representation when you need it most. Our firm prides itself on going the extra mile for our clients, offering personalized attention and top-quality service. If you’ve been involved in an Uber accident, do not hesitate to contact us.

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Average Settlement for Drunk Driving Accidents in Birmingham

When you get hit by a drunk driver, the aftermath and overall injuries can be devastating. Many victims after the accident want to know the average drunk driver settlement and if it covers their losses. Since every accident has unique factors, it’s difficult to determine a reasonable drunk driving lawsuit settlement without the help of an experienced Birmingham car accident attorney. Here is everything you need to know about the factors that go into settlement calculations. Do Average Drunk Driver Settlement Calculators Give an Accurate Estimate? Unfortunately, no. Online calculators cannot take the circumstances of your case into account when determining a potential settlement. At most, online settlement calculators may help calculate economic damages, but they cannot accurately represent non-economic factors. For example, if your injury makes it impossible to participate in your favorite hobby, an online calculator won’t be able to include it. Types of Damages Used to Calculate Drunk Driving Lawsuit Settlements In personal injury cases involving a drunk driver, there are three types of damages used to determine a potential settlement: economic damages, non-economic damages, and punitive damages.  Economic Damages  Economic damages are any tangible losses you sustain as a result of the accident. This typically includes any medical bills you receive for treatment of your injuries, lost wages from missing work during recovery, and the cost to repair/replace your vehicle. In claims involving serious injuries, it may also cover lost earning potential if your injury prevents you from returning to the same job. Non-Economic Damages Non-economic damages refer to any intangible losses you have after the accident. This covers anything from loss of quality of life to pain and suffering. These damages are the most subjective and aren’t calculated the same exact way by every attorney. However, many attorneys use some form of either the multiplier or per diem method. The multiplier method calculates non-economic damages by assigning a multiplier to the total economic damages, usually between one and five. In contrast, the per diem method assigns a dollar amount owed per day of recovery. Punitive Damages Punitive damages are very rare and only apply to cases where the defendant acted with wanton, reckless disregard for the safety of others. The court or jury usually determines the amount of punitive damages rather than the attorney for the plaintiff. Examples of Drunk Driving Settlements To demonstrate the calculations that go into an average drunk driver settlement, here is an example of how a potential settlement might be determined. John sues a drunk driver for crashing into him and severely fracturing his arm. He has $80,000 in economic damages. John’s attorney decides to use a multiplier of five to calculate non-economic damages since John’s injury prevents him from playing with his minor league baseball team. This makes John’s non-economic damages $400,000. In total, John’s potential settlement is $480,000. In this case, John’s non-economic damages significantly increased his potential settlement because it ended his minor league baseball career. While this may not represent every case, it should give you a good idea of how attorneys calculate the average drunk driving settlement. Hit By a Drunk Driver? The Fob James Law Firm Can Help If you’ve been injured in an accident with a drunk driver, you don’t have to face it alone. At the Fob James Law Firm, our Birmingham, AL car accident attorneys fight tirelessly for the compensation you need to recover while providing a compassionate, individualized approach. To schedule a free consultation, give us a call or contact us online.

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