Being involved in a car crash can change your and your family’s life as you know it. After the collision, you may quickly become overwhelmed by the immediate expenses like medical bills and the cost of vehicle repair. However, you could face additional long-term expenses. If a negligent driver injured you, a car accident attorney in Birmingham will help you recover fair compensation.
At Heninger Garrison Davis, we fight for the maximum compensation with every case. So far, we have recovered over $3 billion for our clients, and we continue to win cases. While insurance companies and other parties involved in the accident may not be looking out for your best interests, a Birmingham personal injury lawyer from our team will protect your rights.
Call our law firm today to schedule a free initial evaluation.
Why Should I Hire a Car Accident Attorney in Birmingham?
Being involved in a car crash can be a traumatic experience. In the aftermath of such an incident, it is crucial to seek the assistance of an attorney. The following are just a few ways our law firm helps Birmingham car accident victims.
Legal Knowledge and Experience
A car accident attorney has the knowledge and experience necessary to navigate the complex legal system effectively. They understand the intricacies of personal injury law and can guide you through the entire process. From filing a claim to negotiating with insurance companies, a lawyer will fight for your rights and ensure that you receive the compensation you deserve.
Building a Strong Case
Additionally, an attorney can help gather crucial evidence to support your case. They have the resources and connections needed to collect evidence, such as accident reports, witness statements, and medical records. This evidence is vital in establishing liability and proving the extent of your damages.
Pursuing a Fair Settlement
A car accident lawyer can effectively negotiate with insurance companies on your behalf. Insurance adjusters are notorious for trying to minimize settlements and may attempt to pressure you into accepting a low offer.
With an attorney by your side, you can level the playing field. They will fight for a fair and just settlement that adequately covers your medical expenses, lost wages, and pain and suffering.
For a free legal consultation with a car accident lawyer serving Birmingham, call (205) 326-3336
Navigating Alabama’s Negligence Laws
If you’re driving in Birmingham, Alabama, it’s important to understand the car accident laws to ensure you’re prepared for any situations that may arise.
One key aspect of car accident laws in Birmingham is the concept of fault. Alabama is a ‘fault’ state, which means that the person who caused the crash is responsible for the resulting damages. Understanding this can help you determine who is at fault in a car accident and should be held liable for any injuries or property damage.
Alabama follows a contributory negligence system. If an injured party is found to have contributed in any way to the accident or injury (even if only minimally), they may be barred from recovering any damages. This strict rule differs from the comparative negligence system adopted by many other states, where a plaintiff’s recovery may be reduced based on their percentage of fault.
Understanding the Main Categories of Damages
When it comes to a car accident lawsuit, various potential damages can be claimed. These damages aim to compensate the injured party for the physical, emotional, and financial toll that the crash has taken on them.
The three main categories of damages are:
- Economic damages: This includes medical expenses, lost wages, and property damage. These are tangible costs you have incurred as a result of the accident and can be proven with documentation and receipts.
- Non-economic damages: These damages compensate for pain and suffering, emotional distress, and loss of enjoyment of life. Since these damages cannot be easily quantified, it is important to have a skilled Birmingham car accident attorney who can present a persuasive argument to support these claims.
- Punitive damages: These damages are intended to punish the negligent party for their reckless or intentional behavior. Punitive damages are not available in every case, but if the defendant’s actions warrant it, a lawyer can fight to obtain them.
It is important to note that the specific damages that can be claimed will depend on the circumstances of the crash and the laws of the jurisdiction. This is why hiring a knowledgeable and experienced Birmingham car accident lawyer is crucial. They will navigate the legal process and fight for maximum compensation.
We’ll Help You Recover Damages for Your Losses
At Heninger Garrison Davis, we understand that the financial impact of a car accident extends beyond the immediate expenses. Our lawyers will calculate how much money you lost after the crash and how much more you are likely to spend until your life returns to normal.
Our car accident lawyers will rely on a wide range of evidence to prove the full extent of your losses. We will use the available physical evidence from the scene, documents like the police report, and your medical records. When possible, we’ll also collaborate with experts from different fields so we can file a convincing claim.
Medical Expenses
These damages encompass the costs associated with medical treatment immediately following the crash, as well as ongoing medical care, rehabilitation, and therapy. Alabama law allows individuals injured in car accidents to seek compensation for all reasonable and necessary medical bills incurred as a result of the incident.
Medical expenses could cover the following:
- Hospital stays
- Surgeries
- Doctor visits
- Prescription medications
- Medical equipment
- Physical therapy
Furthermore, you may be entitled to compensation for future medical expenses if your injuries require ongoing treatment or rehabilitation.
Vehicle Repair Cost
You could claim expenses associated with repairing or replacing your damaged vehicle, including parts, labor, and any related fees. Following a car accident, the at-fault party or their insurance provider is typically responsible for covering these repair costs.
To strengthen your claim, document the damage and get repair estimates so you can pursue reimbursement for these expenses. If the vehicle is deemed a total loss, the compensation may extend to the fair market value of the vehicle at the time of the crash.
Our lawyers will collect any relevant documents and other types of evidence that show the extent of your property damage and related expenses. For example, a police report that describes the accident scene and damages is an important official document that can help strengthen your claim.
Lost Wages
When an accident leads to injuries that require time off work for recovery, you may face financial difficulties due to the resulting loss of income. Seeking compensation for lost wages aims to address this economic impact, allowing you to recover the income they would have earned had the crash not occurred.
To prove lost wages, we’ll rely on thorough documentation of your employment, including pay stubs, employment records, and communication with employers.
Loss of Earning Potential
This category of damages goes beyond immediate lost wages and addresses the long-term impact of the injuries on your ability to earn a living. In the aftermath of a car accident, injuries may result in diminished earning capacity due to disability, the need for a career change, or limitations in professional advancement.
Pain and Suffering
These damages encompass the subjective and often intangible aspects of the suffering endured, including physical pain and psychological suffering. While quantifying pain and suffering is inherently challenging, Alabama recognizes the importance of compensating individuals for the non-economic impact of their injuries.
Emotional Distress
Emotional distress damages acknowledging the profound emotional and physical toll on the injured party’s overall well-being. Establishing these damages may require detailed documentation and expert testimonies.
Spinal Cord Injury Damages
A car crash can cause severe spinal cord damage due to the intense forces involved in collisions. When a vehicle comes to a sudden stop or undergoes rapid acceleration, the human body (even when restrained by seat belts) can experience significant trauma.
The abrupt jolts and violent motions during a crash can lead to fractures, dislocations, or compressions of the vertebrae, resulting in damage to the spinal cord. The spinal cord, a crucial component of the central nervous system, is vulnerable to injury if the spine is subjected to excessive force.
Spinal cord injuries can have profound and life-altering consequences. Seeking compensation for such injuries involves addressing a range of damages that encompass the physical, emotional, and financial challenges faced by both you and your family. In spinal cord injury cases, the expenses related to medical treatment and rehabilitation are particularly important.
These injuries often require extensive medical care involving surgeries, rehabilitation programs, and assistive devices. The financial impact can be substantial, highlighting the importance of pursuing compensation.
Traumatic Brain Injury Damages
A car accident can result in a traumatic brain injury (TBI) when the force of impact causes the brain to collide with the skull. The sudden deceleration or acceleration during a collision can lead to the brain being jolted within the cranial cavity, causing damage to its delicate structures.
The severity of a traumatic brain injury can range from mild concussions to severe, life-altering conditions. Symptoms may not always be immediately apparent, making it crucial for individuals involved in car accidents to seek medical attention promptly.
Suffering a TBI can significantly affect multiple facets of your life. It can lead to losses that touch upon your independence, financial stability, access to medical assistance, and emotional well-being. Our team has the resources and knowledge necessary to help you rebuild your life.
Wrongful Death Damages
After a fatal car accident, the decedent’s family members could receive wrongful death damages. While in certain states, plaintiffs can collect compensatory damages to cover losses suffered by surviving family members, in Alabama, only punitive damages are awarded.
Our wrongful death lawyers in Birmingham will help you navigate the financial recovery process. Punitive damages aim to punish the responsible party for their negligence and discourage others from acting similarly in the future.
The Importance of Filing a Lawsuit After a Car Accident in Birmingham
In some cases, filing a lawsuit may be necessary to ensure that you receive fair compensation. While many car accident claims are settled through negotiations with insurance adjusters, there are instances where these negotiations may not lead to a positive outcome.
When the negligent party or their insurance company refuses to take responsibility or offer a reasonable settlement, filing a lawsuit becomes crucial. By taking legal action, you can pursue the maximum compensation available under the law. This can include damages for medical expenses, property damage, lost wages, pain and suffering, and more.
Furthermore, filing a lawsuit sends a strong message to the at-fault party and their insurance company that you are serious about seeking justice for the harm you have suffered. It can also hold them accountable for their actions and potentially deter them from engaging in similar negligent behavior in the future.
Taking Legal Action After a Rideshare Accident in Birmingham
In the event of an accident involving rideshare services like Uber or Lyft, determining liability and seeking compensation can be complex. Rideshare companies often have specific insurance policies that come into play depending on the driver’s status at the time of the collision.
Passengers, pedestrians, or occupants of other vehicles may all be eligible to pursue legal action to seek damages. An experienced rideshare accident lawyer in Birmingham will help you determine if you have a valid claim.
Our Birmingham legal team includes both Uber accident lawyers and Lyft accident lawyers, so we are well-equipped to handle your case. We will investigate the circumstances of your crash and help you pursue damages.
Alabama’s Statute of Limitations for Personal Injury Lawsuits
It’s also important to be aware of the statute of limitations for a personal injury claim in Birmingham. In Alabama, the statute of limitations is two years from the accident’s date. This means that you have a limited amount of time to file a lawsuit seeking damages.
By being aware of these laws and their implications, you can take the necessary steps to protect your rights. The sooner you take action, the better your chances of building a strong case. Waiting too long to file a personal injury claim may result in the loss of vital evidence and witnesses, making it more challenging to establish liability and seek financial recovery.
Common Types of Car Accident Injuries
The sheer force and impact generated during a collision can cause various forms of trauma, affecting different parts of the body. From the sudden deceleration leading to whiplash injuries to more severe conditions like spinal cord damage, the aftermath of a car accident can be physically and emotionally challenging.
As experienced Birmingham catastrophic injury lawyers, we have represented clients with a wide range of severe injuries. We understand that behind every medical diagnosis, there is a unique story. Our lawyers will help you navigate the legal complexities to make sure that you receive the financial compensation you need.
Common types of injuries after a car crash include:
- Whiplash
- Neck injuries
- Fractures
- Concussions
- Contusions
- Spinal cord injuries
- Traumatic brain injuries
- Soft tissue injuries
- Internal injuries
- Broken bones
- Cuts and lacerations
If you were in a collision, seek immediate medical attention. Even if you feel unharmed, some symptoms may not be immediately apparent. Early medical evaluation is crucial for identifying and addressing potential injuries, ensuring a prompt start to the recovery process.
Furthermore, seeking immediate medical care after a car crash strengthens your case. The timely assessment by medical professionals documents and establishes a clear connection between the accident and any injuries sustained. This documentation provides a critical foundation for your personal injury claim.
Medical records serve as tangible evidence of the extent of your severe injuries, their immediate impact, and potential long-term consequences. Additionally, a prompt medical examination helps prevent any gaps in the timeline of your injuries, making it more difficult for insurance companies or opposing parties to dispute the validity of your claims.
Connect With a Birmingham Car Accident Attorney Today
Navigating the legal process after a car accident can be overwhelming and stressful, but you don’t have to go through it alone. Heninger Garrison Davis law firm is here to help represent your case and ensure you receive the best outcome possible.
Hiring a personal injury attorney is crucial to ensure that you receive the justice and financial compensation you deserve. If you’re ready to speak with a legal professional about your case, contact us now.