Birmingham Auto Accident Negligence, Birmingham Car Accident Lawyers

Birmingham Negligence Claims

The majority of Birmingham auto accidents are caused by the negligence or carelessness of other drivers. Therefore, most Birmingham car accident lawsuits are litigated under the legal theory of negligence. A driver is negligent if he or she fails to use reasonable care to avoid a foreseeable harm to another driver, passenger, or pedestrian on the road. If a person’s negligence causes injury to another person to whom that person has a duty of care, he or she may be liable for damages resulting from the injury. Generally, a driver has a duty to other motorists to use due care when operating a vehicle on Birmingham's roads. In a negligence suit, the judge or jury must determine liability, damages, and insurance coverage.

Liability

When a lawsuit is brought for damages sustained in a Birmingham auto accident, the judge or jury must decide who is at fault for causing the accident. Because more than one person may have been negligent in causing the crash, including the person who is bringing the lawsuit, each party’s liability must be determined. Alabama law requires fact finders to calculate the percentage of negligence attributable to each person involved in the accident. This is called "comparative negligence." Under comparative negligence, a judge or jury decides the percentage of fault should be allocated to each person responsible for the accident, and then apportions the amount of damages accordingly.

In Birmingham auto accident cases, the other driver's insurance company will argue that the injured victim is partially responsible for the accident, thus minimizing the percentage of damages that the company will be required to pay. In Alabama, if you are in any way at fault for causing the accident, you are barred from recovering damages for your injuries. Therefore, even if another person was 99.9% at fault for causing your injuries, you may not recover any damages because you were 0.1% at fault. Our team of experienced Birmingham accident attorneys will work to eliminate your comparative liability and get you the best possible settlement in your case.

Damages

In Birmingham car accident lawsuits, the judge or jury must determine the dollar value of your damages, which are the losses you have suffered as a result of the other driver’s negligence. Losses may include medical expenses, lost wages, pain and suffering, damage to your vehicle, loss of future earning capacity, and loss of the ability to enjoy life due to your injuries.

If you suffer a personal injury in a Birmingham auto accident, you’ll likely require medical care and may need physical therapy during your rehabilitation, both of which can cost substantial sums of money. You may lose income if you missed work because of your injury, and you may continue to lose income during your treatment and recovery. You may also have sustained property damage to your automobile as a result of the accident. If your automobile was your only means of transportation, you may have to pay for a rental car while your car is being repaired. You may also lose the ability to perform various activities of daily living either temporarily or permanently and endure significant pain and suffering, as well. You should be compensated for all of these damages.

The central concept in calculating damages is that an auto accident victim should, as best as the law can arrange, be placed back in the same position he or she was in before the accident. This means you should be reimbursed for your financial, physical, and emotional injuries suffered as a result of the accident. If you have been injured in a Birmingham auto accident, you may be entitled to recover compensatory damages, punitive damages, court costs, or attorneys’ fees as a result of your injuries.

Compensatory damages seek to reimburse plaintiffs for out-of-pocket expenses incurred or financial losses sustained as a result of their injuries. Compensatory damages may be “actual” or “general.” Examples of actual damages are loss of income, medical care and treatment costs, property damage, and the cost of substitute transportation. General damages include costs that cannot be precisely calculated in dollars spent, such as pain and suffering, mental anguish and emotional distress, loss of income in the future, cost of future medical expenses, disfigurement, loss of companionship, and lost opportunities.

Punitive damages are imposed as a way of punishing the defendant for intentional conduct or gross negligence – behavior that is so egregious that a penalty is warranted in order to deter the defendant from committing the same act again in the future. In Alabama, there is a cap on the amount of punitive damages you are entitled to receive. Punitive damages may not exceed $1.5 million for physical injuries suffered as a result of an accident.

Court costs include the cost of filing fees, process server fees, deposition transcripts, court transcriptions, and translators.

Attorneys’ fees are generally not included as part of a successful plaintiff’s recovery, though there are limited circumstances where procedural rules allow for the successful plaintiff to recover attorneys’ fees and expert witness fees.

The most significant issue to most people involved in an auto accident claim is the issue of damages. Obtaining fair and just compensation for injuries you have sustained is the primary concern at The Walker Law Firm. By using our Birmingham auto accident experience and extensive resources on your behalf, we focus on achieving the highest possible monetary recovery for your injuries.

Insurance Coverage

In a Birmingham auto accident case, the judge or jury must also determine which insurance providers are responsible for paying for the damages awarded to you and to what extent each provider is liable. Insurance companies make payments based on each person’s degree of fault in a particular motor vehicle accident. Therefore, it is necessary to determine which insurance policies will pay for your damages. Our team of experienced Birmingham car accident lawyers will investigate all insurance policies that may be responsible for your damages to ensure that you are getting the maximum recovery possible under the law.

If you or someone you know has been injured in a Birmingham auto accident, you should seek the advice of a qualified Birmingham auto accident attorney. Insurance companies will often attempt to settle out of court quickly while victims are still suffering from the trauma of an accident. In all Birmingham car accident cases, it is essential that measures promptly be taken to preserve evidence, investigate the accident, and allow a physician to examine any injuries. The Walker Law Firm is experienced with the unique issues involved in auto accidents and can assist you in receiving full compensation for your injuries.

Call the experienced Birmingham car accident lawyers at The Walker Law Firm now at (877) 925-5373 or fill out our FREE CASE EVALUATION FORM. The initial consultation is free of charge, and if we agree to accept your case, we will work on a contingent fee basis, which means we get paid for our services only if there is a monetary award or recovery of funds. Don't delay! You may have a valid claim and be entitled to compensate for your injuries, but a Birmingham auto accident lawsuit must be filed before the statute of limitations expires.

The above is not legal advice. That can only come from a qualified attorney who is familiar with all the facts and circumstances of a particular, specific case and the relevant law. See Terms of Use.