In less than a second, a car wreck can cause brain damage, bone fractures, paralysis, and other serious injuries. Victims who are lucky enough to escape with their lives often face weeks or months of recovery and rehabilitation. Some never fully recover.
No amount of compensation can undo the physical and emotional hardship of a serious accident. However, a successful injury claim may help you avoid insurmountable debt and bankruptcy. According to the Alabama Legislature, if you were injured by a negligent driver, then you may be entitled to compensation for economic and non-economic damages. These include healthcare expenses, time off work, emotional trauma, and pain and suffering.
Four Types of Personal Injury Damages that You May Be Able to Claim in Birmingham
Recovering damages from a negligent driver can be a legally complex process. Some drivers deny liability. Other times, the insurance company offers a settlement that would not cover the victim’s ongoing medical expenses and lost income. An accident attorney can help you avoid mistakes such as settling for a low offer or unknowingly admitting fault to insurance adjusters. If your crash happened in Alabama, contact Morris Bart & Associates, LLC.
Accident injuries can cost thousands to treat – particularly if they require long-term rehabilitation or ongoing care costs. If your accident required medical treatment, then you may be able to recover this expense from the at-fault driver.
In addition to your past and present medical costs, you may be entitled to compensation for ongoing medical bills for treatment, surgeries, therapies, medication, equipment, care, and support. Our attorneys can discuss your prognosis and future care needs with medical experts to establish an estimated cost for these expenses.
Those with catastrophic injuries generally have the largest personal injury claims because they will have related expenses and care needs throughout the rest of their lives, in addition to lasting impairments and psychological effects.
If your injury caused you to miss time at work or prevented you from returning to work after your injuries healed, then you can claim lost wages. This compensation may cover past and present loss of income, as well as future loss of earning capacity if you cannot go back to your career or earn the same level of income as you previously could.
If you were hurt at work, different rules apply. You may be eligible to recover benefits from workers’ compensation. Alternatively, a Birmingham offshore injury lawyer can help you understand your rights to compensation under the Jones Act if you were injured while working at sea.
Accidents can be emotionally traumatic, which is why victims may be entitled to non-economic damages. You may experience psychological effects because of your accident, injuries, recovery, new disabilities, and even the legal process you endure. The expenses for mental health care may be recoverable, but your intangible trauma is a recoverable damage, too.
Calculating non-economic damages can be complicated. Your personal injury lawyer may multiply your economic damages – which include medical expenses and lost income – by a multiplier between one and five to determine non-economic damages. They may use other techniques to put a fair value on your intangible losses if they believe that is the best option in your case.
Pain and Suffering
Pain and suffering is another non-economic damage. According to DMV.org, accident victims may be entitled to compensation for immediate and ongoing pain and suffering. Pain and suffering damages are available in all injury accidents that required medical treatment and care, although they can vary widely in value. These damages are often the largest in cases where plaintiffs suffer severe scarring, disfigurement, or a permanent loss of physical ability.
For a free legal consultation, call 800-537-8185
How an Attorney Can Help You Recover Damages
When a Birmingham personal injury attorney accepts a case, their goal is to recover fair damages for their clients. This could include:
- Economic damages
- Non-economic damages
- Punitive damages, such as in a wrongful death case
The attorney will develop a strong case to show that the accused party acted negligently and caused their client to suffer the claimed damages. They will build this case by investigating what happened and gathering evidence. They will use the firm’s resources to carry out this investigation and handle any expenses that arise. Most personal injury firms do not charge a retainer or other upfront fees.
The evidence commonly used to prove a Birmingham personal injury case includes:
- A police report, incident report, or other official documentation
- Eyewitness interviews
- Physical evidence
- Video or photo
- Accident reconstruction
- Other expert testimony
- Your relevant medical records
- Your receipts and bills
With this evidence, the lawyer may be able to show:
- The accused party acted negligently
- They are legally liable for the victim’s injuries and damages
- They suffered specific damages
- There is an accurate value assigned to those damages
They can use this evidence to support their insurance claim based on the at-fault party’s liability insurance. This often leads to negotiating a fair settlement agreement and effectively ends the case.
Alternatively, they may need to prepare a complaint and file a lawsuit in Jefferson County, AL, civil court. There is a strict deadline for taking this type of legal action, which is one reason why getting started quickly is vital. In most cases, you will only have up to two years to sue the at-fault party in Alabama.
Speak With an Attorney from Our Team Today for Free
If you were injured by a negligent driver, contact a Birmingham accident attorney from Morris Bart & Associates, LLC. We can evaluate your case, talk to witnesses, and aggressively fight for the maximum compensation you deserve based on the facts of your case. We are here to help.
Call for a free consultation today.
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