Car accidents can leave victims with life-altering injuries, lost opportunities, and a mountain of medical bills. If you or a loved one has sustained an injury in a crash caused by another driver, you might be legally entitled to file a personal injury claim for damages
The team at Morris Bart & Associates, LLC is here to fight for you. Our Birmingham car accident lawyers have a wealth of experience negotiating with insurance companies and demanding fair settlements. They’ll make sure the defendant’s insurer offers you a fair payment, or they’ll take them to court.
In This Article
Damages You Might Receive From a Car Accident Claim in Birmingham
Our Attorneys in Birmingham Can Win Compensation for a Number of Different Car Accident Injuries
Establishing Liability in a Birmingham Car Accident Case
Your Birmingham Car Accident Lawyer Will Gather Evidence to Hold the Defendant Liable
Birmingham Car Accident FAQ
Filing Deadline for Car Accident Claims in Birmingham
Common Causes of Car Accidents in Birmingham, AL
Settlements We’ve Won for Birmingham Car Accident Victims in the Past
Morris Bart Can Protect Your Right to Receive Compensation
Damages You Might Receive From a Car Accident Claim in Birmingham
In legal speak, damages refer to the compensation you might receive from a claim. If your car accident claim is successful you’ll receive economic and/or non-economic damages. Economic damages are typically awarded for monetary losses like medical expenses and lost income. Non-economic damages are reserved for subjective losses, like pain and suffering
Here are some of the economic damages you might receive if a court rules in your favor:
- Current and future medical costs
- Cost of transportation to and from the hospital
- Lost income
- Reduced earning capacity
- Vehicle repair expenses
Depending on your case, you could be eligible for one or more of the following non-economic damages:
- Pain and suffering
- Emotional distress
- Reduced quality of life
If the defendant exhibited gross negligence or extreme recklessness during the time of the accident, a judge might consider calling for punitive damages. Punitive damages are awarded to deter behavior like road rage and driving under the influence of drugs and alcohol.
Our Attorneys in Birmingham Can Win Compensation for a Number of Different Car Accident Injuries
Car accidents have been known to cause a variety of different injuries. Fortunately, our lawyers have seen just about every car accident injury possible, so they’ll definitely be able to help you seek compensation for yours. Here are some of the injuries they’ll be able to build a claim for:
- Whiplash
- Soft tissue injury
- Broken or fractured bones
- Organ damage
- Spinal injury
- Brian injury
- Cuts and bruises
These are just a few of the injuries our Birmingham car accident attorneys will be able to help you with. Regardless of the severity or location of your injury, our team will work tirelessly to win the compensation you need to treat it.
Establishing Liability in a Birmingham Car Accident Case
To prove that the offending driver should be held liable for the accident, your car accident lawyer will thoroughly analyze evidence and documents that are relevant to your case. Once they’ve completed their investigation, they’ll ideally be able to establish the following elements:
For a free legal consultation with a Car Accident lawyer serving Birmingham, call (205) 380-4158
Duty of Care
The driver at fault in your accident owed you a legal duty of care. Duty of care is a requirement that drivers act with watchfulness, caution, and attention to protect other drivers and pedestrians from unjustified harm.
Breach of Duty
The driver failed to live up to their legal obligations and breached the duty of care. When a driver’s negligent or reckless actions put you and your passengers in harm’s way, they’ve breached the duty of care that they owed you.
Causation
By violating their duty of care, the at-fault driver caused the wreck and ensuing injuries. Proving causation will contribute to the driver’s liability for any non-economic and economic damages.
Damages
The accident and your injuries directly caused you to experience monetary and/or non-monetary losses. Your car accident lawyer in Birmingham will ensure you keep track of W-2s, medical bills, and other substantiating documents to chronicle any damages you may have suffered.
Your Birmingham Car Accident Lawyer Will Gather Evidence to Hold the Defendant Liable
In order for your Birmingham car accident claim to be successful, you’ll need to produce evidence that speaks to the driver’s negligent behavior. Your car accident lawyer will secure the following pieces of evidence to strengthen your case:
- Photos and video from the scene of the accident
- CCTV or surveillance footage of the accident secured later
- Statements from witnesses to the accident
- Testimony from traffic accident experts
- Evidence from your damaged vehicle that indicates the events of the accident
Our personal injury lawyers will collect the evidence they need to hold the defendant responsible, so you can concentrate on healing from your injuries and getting your life back to normal.
Birmingham Car Accident FAQ
When you have questions, we have answers. Get more info from a Birmingham car accident lawyer.
What if I Am at Fault for the Car Accident?
What Can I Expect From Insurance Negotiations?
What If I Am at Fault for the Car Accident?
When it comes to car accident cases, Alabama follows a standard known as contributory negligence. It states that if you are responsible for any portion of the accident, you won’t be allowed to collect compensation from the other party.
Regardless of how much you were expecting to receive from a settlement or how small your percentage of fault is, you cannot recover money if you are responsible for your own injuries. This law is only applicable to car accident victims over the age of 14.
What Can I Expect from Insurance Negotiations?
Insurance companies will do everything they can to lower the amount of compensation you receive for your losses. This includes contacting accident victims with insufficient offers, often before they’ve had the chance to speak to a lawyer.
If you receive an offer from the defendant’s insurer, don’t accept it until you’ve had a lawyer look it over. They’ll be able to calculate the amount you are owed and see if the offer is enough to cover your expenses. Remember, some offers might seem generous, but you could end up needing more medical care down the road that needs to be accounted for in your settlement.
If the offer isn’t enough to compensate for your current and future losses, your Birmingham car accident lawyer will attempt to negotiate a more appropriate payment. If the insurance company isn’t willing to compromise, your attorney will move forward with filing a formal lawsuit.
Filing Deadline for Car Accident Claims in Birmingham
Under Alabama Code § 6-2-38, you have two years from the accident date to file your personal injury case with the state civil court system. If this time limit expires, the court will likely dismiss your claim, and you can lose the chance to pursue compensation.
If your two-year mark is approaching, a car accident attorney in Birmingham can advise you on your best course of action. Even if the statute of limitations has passed, it’s still worth reaching out to us to see if your case is an exception to the rule.
Common Causes of Car Accidents in Birmingham, AL
Our car accident lawyers have successfully managed claims for a number of different car accidents. If you experience any of the following types of accidents, you can rest assured that our experienced legal team will be able to build you a strong case for compensation:
- Aggressive driving. Going too fast, changing lanes wildly, or failing to maintain a lane are examples of aggressive driving that can lead to accidents.
- Driving under the influence. When a motor vehicle operator is under the influence of drugs or alcohol, it can impair their ability to drive safely.
- Violating traffic laws. This occurs when a driver fails to comply with traffic signals, such as a red light or a stop sign, and causes a crash.
- Driving while fatigued. An individual fighting driver fatigue is unable to operate their motor vehicle safely and can cause a severe wreck by falling asleep.
- Driving while distracted. According to the Alabama Department of Transportation (ALDOT), distracted driving is a leading cause of crashes across the state.
- Improperly maintained vehicles. The driver’s car may have missing mirrors, bald tires, or other neglected safety systems that lead to the accident.
- Following too closely. The cause for many rear-end accidents is a driver failing to leave enough room for them to stop.
- Speeding or going too slow. Motor vehicles traveling at higher-than-normal speeds are more likely to turn an insignificant issue into a fatal wreck. Cars driving at slower-than-average speeds are also more likely to be involved in a crash.
- Mechanical defect. Cars equipped with faulty parts can cause severe accidents. If this happens to you, it may be possible to file a product liability claim against the company that produced the defective part.
Settlements We’ve Won for Birmingham Car Accident Victims in the Past
Our attorneys in Birmingham have done a world of good for car accident victims. They’ve secured hefty settlements time and time again so that victims could pay off their medical bills and get back to their regular lives. Here are some of the case results we’ve delivered in the past:
- $852,845 for a car accident victim with facial fractures
- $650,000 for a victim who was struck by a drunk driver
- $580,000 for a victim who needed cervical disk replacement after an accident
- $450,000 for a victim who needed lower back surgery after a car wreck
While we can’t guarantee that your settlement will be as high as some of our past winnings, hopefully, these case results will give you an idea of what our Birmingham car accident lawyers are capable of.
Morris Bart Can Protect Your Right to Receive Compensation
The Birmingham car accident lawyers at Morris Bart & Associates, LLC are ready to stand by your side. Our attorneys can negotiate with the insurer on your behalf and take the defendant to court if a fair settlement isn’t offered.
Contact us today for a free consultation. Our law firm operates on a contingency-fee-basis, meaning you do not need to pay upfront to retain our services. Instead, we’ll take a portion of your settlement or court-awarded payment.
Questions?Call (205) 380-4158
to find a Morris Bart office near you.
