Understanding Car Accident Claims in Alabama
The Alabama Department of Transportation reports that over 40% of Alabamians will be injured or killed in a crash during their lifetime, and the overall likelihood of a driver being involved in a crash at some point is close to 90%. From fender-benders to catastrophic accidents, traffic collisions in Alabama can come with major consequences for victims and their families.
Lost wages, medical expenses, property damage, and emotional distress all mean that the aftermath of car accidents is often extremely stressful. Offsetting some of these losses often requires that car accident survivors file claims for compensation against the person or persons responsible for causing a crash. Here’s a brief overview of how car accident claims work in Alabama and an explanation of how a car accident lawyer can help injured victims secure the compensation they need to move forward after a crash.
What is a car accident claim?
Put simply, a car accident claim is the process of seeking compensation for losses related to a car crash. Most car accident claims are filed and negotiated through an insurance company, but others are adjudicated in a court of law. Sometimes, both things are true, and a victim will file both an insurance claim and a personal injury lawsuit, depending on the specifics of their case.
In all scenarios, the ultimate goal is for an injured victim to recover financial compensation to help them cover accident-related damages like medical expenses, property damage, lost wages, pain and suffering, and more. Crucially, however, in order for an accident victim to recover compensation, they will need to demonstrate that their injuries were directly caused by someone else’s negligence or recklessness.
Generally speaking, an injured party must be able to demonstrate that the alleged at-fault party:
- Owed them a legal duty of care
- Violated that duty of care via their actions or inaction
- Caused them identifiable harm
- That harm led to damages
If all of those conditions are met, an injured accident victim may be within their rights to pursue compensation via the insurance claims process or by filing a personal injury lawsuit. Even if an accident victim expects their insurance company to do the heavy lifting on their car accident claim, it is often worthwhile for the injured party to consult with an experienced car accident attorney to ensure they are on track to recover the full scope of damages they need to heal.
What kinds of damages are available in car accident claims?
Even seemingly minor car accidents can come at a hefty cost for victims and their families. Between medical care, recovery time, and emotional suffering, the fallout of a car accident can effectively extend into every corner of a person’s life. Subsequently, Alabama law gives car accident victims the ability to pursue compensation for a variety of economic and non-economic damages, including:
- Medical bills
- Rehabilitation costs
- Long-term care arrangements
- Lost wages
- Reduced capacity to work
- Property damage
- Emotional trauma
- Physical pain and suffering
In some cases involving particularly egregious behavior, punitive damages may also be awarded to victims to disincentivize the offending party from engaging in similar recklessness moving forward. Those cases require clear and convincing evidence of oppression, fraud, wantonness, or malice (apart from wrongful-death actions). In wrongful death cases, family members of deceased accident victims are generally only permitted to pursue punitive damages under Alabama law, though surviving loved ones may be able to file a survival action for additional compensation if the deceased victim had filed their own personal injury claim prior to their death.
How insurance companies factor in
In Alabama, all licensed drivers must carry a minimum of $25,000 of bodily injury liability insurance per person, $50,000 per accident for bodily injuries, and $25,000 for property damage in order to operate a vehicle. Subsequently, insurance claims are often the first line of defense for accident victims looking to recover compensation, though this process is not always as straightforward as we might hope.
To preserve their bottom lines, insurance companies are often reluctant to pay out the full value of a claim – even if an accident victim believes their case is airtight. In order to reduce payouts to injured parties, insurance adjusters may:
- Question the severity of a victim’s injuries
- Offer a hasty, low-ball settlement amount
- Claim the victim was fully or partially to blame for their own injuries
The latter point is a crucial one because Alabama uses a pure contributory negligence system when assigning fault in car accidents and other personal injury cases. Under this particularly strict rule, if an accident victim is found to have contributed in any way to their own accident and/or injuries, they may be barred entirely from recovering any compensation related to their case. Insurance companies know this and may use claims of contributory negligence to get out of paying their fair share.
That’s why it’s highly advisable that Alabama car accident victims seek legal advice prior to accepting a low settlement offer or taking no as an answer from their insurance company. Even if an accident victim does not plan to file a separate personal injury claim, they should always avoid giving a recorded statement or making any inadvertent admissions of fault to insurance representatives in the absence of experienced legal counsel.
Car accident attorneys understand the common defense tactics used by insurance companies and can help their clients protect the integrity of their claims. They can also work with their clients to file a formal personal injury claim in the event that the standard insurance process does not result in a satisfactory outcome.
Are there any caps on damages?
The state of Alabama generally does not impose any caps on economic or non-economic damages in personal injury claims. That means car accident victims are within their rights to pursue settlements that will reflect the full scope of their injuries and other damages. Punitive damages, however, are capped in most cases at 3 times the amount of compensatory damages or $1.5 million – whichever is greater (the cap doesn’t apply in wrongful death cases).
Nevertheless, it is important to work with an experienced attorney when attempting to calculate the most appropriate amount of damages to pursue in your case. Overshooting your desired settlement amount could compromise your credibility, and undervaluing your claim could leave you struggling to cover your accident-related costs in the long run. Car accident attorneys understand the delicate balance involved in calculating damages and can call in experts to assist in these determinations or add veracity to a victim’s claims in court.
Next steps in your car accident claim
If you have been injured in a car accident in the state of Alabama, it’s crucial that you take swift action to begin pursuing the compensation you need. Under Alabama law, victims typically only have two years to file a claim following a car accident, leaving survivors with only a small window of time within which to get the ball rolling on their case.
Car accident claims can be complex and overwhelming, and the challenges only compound when victims must simultaneously juggle the demands of their physical recovery. A trusted personal injury lawyer can help to alleviate some of the strain associated with these claims and give their clients a little more breathing room throughout the claims process.
At Prince Glover Hayes our team specializes in helping accident victims in Tuscaloosa and the surrounding areas fight for the compensation they deserve without compromising their recovery efforts. With over 40 years of experience supporting members of our local community, the Prince Glover Hayes team knows exactly what it takes to ensure clients have their needs met and their voices heard.
If you’ve been in a car accident in Alabama, give us a call today or fill out our online contact form to schedule a free consultation with a member of our legal team. Whether you’re new to the claims process or are in need of a second opinion, we are standing by to give you the information you need to move forward with confidence in your fight for justice.