Accidents happen in the blink of an eye. Someone slips in a grocery store, or one car sideswipes another.
These accidents often cause severe injuries and leave victims saddled with a mounting financial burden. When the accident was someone else’s fault, you deserve compensation for your losses.
Personal injury cases are complex. You need an attorney to help you through the process.
Having the right personal injury lawyer in Tuscaloosa, Alabama, makes all the difference in getting your life back on track after a severe accident.
How Can a Tuscaloosa Personal Injury Lawyer Help Me?
After reviewing the particular facts of your case, an attorney can provide you with information on your legal options.
An attorney increases your chances of recovering just compensation without feeling pressured to settle for less than you deserve.
Investigate The Accident
An experienced personal injury lawyer in Tuscaloosa County investigates all contributing factors to the accident that caused your injuries. The cause of the accident may not be clear.
Additionally, there may be multiple factors contributing to the accident that your attorney must investigate to determine liability.
Pinpointing the factors causing the accident assists your lawyer in identifying all potentially liable parties. Once you’ve identified them, your lawsuit names all parties who may be responsible for paying out your compensation.
Deal with Insurance Companies
Insurance adjusters may attempt to push you into a settlement that barely taps the surface of the compensation you deserve.
Allowing your lawyer to handle all communication with insurance companies lets you focus on recovery while they negotiate the best possible result for your case.
Additionally, when an insurance adjuster requests a meeting about the accident, your lawyer’s attendance at the meeting reduces the risk of any misunderstandings regarding the statement.
Estimate Future Medical Expenses
After a careful review of the losses you incurred due to the accident, your personal injury lawyer in Tuscaloosa, Alabama, helps you assess all your accident-related expenses.
For example, it is difficult to predict your future medical expenses. However, in consultation with your doctors, your attorney reviews your diagnosis and creates an estimate of your future medical costs based on your injuries.
Deal with Hospitals or Debt Collectors
Many injured victims feel bombarded by hospital administration or debt collectors regarding the mounting expenses they suffered from the accident.
A lawyer deals with the hospital or debt collectors directly, so you can focus on recovering from your injuries.
Negotiate with the Insurance Company
An insurance company’s main interest is minimizing payouts on claims. For most insurance companies, the initial offer to an injured victim represents a value far lower than the claim is worth.
In your time of need, an insurance company hopes you accept a settlement offer to alleviate your financial burden. However, you may also terminate your right to sue for further damages in doing so.
What Do You Have to Prove in a Personal Injury Lawsuit in Alabama?
Personal injury claims in Alabama rely on the concept of negligence. When a person negligently causes an accident that injures another, the injured party may file a personal injury claim against them to seek compensation.
Establishing negligence in a personal injury lawsuit requires proof of the following elements:
- The defendant owed a duty of care to the injured party;
- The defendant breached that duty;
- The breach caused the injuries; and
- The injured party suffered damages due to the breach.
A failure to prove negligence means you lose out on an opportunity to get the compensation you deserve. You may know someone is at fault but don’t know how to prove it.
Proving negligence is extremely difficult and requires the assistance of a Tuscaloosa personal injury lawyer.
What Is Pure Contributory Negligence?
Before determining what damages you may be entitled to, your personal injury lawyer in Tuscaloosa County may inform you that Alabama operates under a pure contributory negligence standard.
Contributory negligence is often referred to as “defendant-friendly” because it can significantly impact the outcome of a personal injury case.
The contributory negligence standard provides that if an injured party is found to be in any way responsible for the accident—even 1%—they are barred from recovering any compensation.
Contributory negligence is difficult to overcome without the assistance of a qualified personal injury lawyer in Tuscaloosa.
Without this legal assistance, you may make a critical mistake barring you from the compensation you deserve.
What Can I Recover in a Personal Injury Lawsuit?
Once your attorney proves that the other party is 100% responsible for your accident, you may recover compensatory damages, which are divided into two categories.
Economic damages represent those financial losses directly related to the accident. Damages in this category include the following:
- Medical bills,
- Lost wages,
- Loss of future earning capacity, and
- Property damage.
You can prove these types of damages with evidence such as receipts and bills.
Non-economic damages include intangible losses related to the physical and emotional injuries resulting from the accident. Non-economic damages include the following:
- Pain and suffering,
- Psychological distress,
- Diminished quality of life, and
- Loss of consortium.
If a personal injury lawsuit results from a medical malpractice case, non-economic damages are capped at $400,000.
A judge or jury may award punitive damages in more limited cases where the liable party’s conduct constitutes willful or malicious behavior.
These damages seek to punish the wrongdoing and discourage the same behavior in the future.
Your Tuscaloosa personal injury lawyer determines whether punitive damages may be appropriate after reviewing the circumstances of your case.
The attorneys at Fob James Law Firm understand what you are going through. And you shouldn’t have to go through it alone.
You may understandably feel angry, confused, and upset by your situation. We work day in and day out to achieve justice and a top-dollar settlement on your behalf.
Although we have the resources of a large personal injury firm, we provide you with the individualized attention and honest compassion of a small firm.
Contact our office today for a free consultation and let us help you get back on your feet.