Car Accident Lawsuit Process

According to the Alabama Department of Transportation (ALDOT), someone in Alabama was injured in a car accident every 13 minutes in the year 2023.  Here in Tuscaloosa, motor vehicle crashes can be particularly common thanks to high-traffic corridors like McFarland Boulevard and Skyland Boulevard, as well as daily congestion and event traffic around the University of Alabama.

With so many passenger vehicles, trucks, bicycles and pedestrians on our roads, it’s important for all residents and visitors to do their due diligence to ensure the safety of those around them while traveling. When someone violates that responsibility by breaking traffic laws, ignoring safety regulations or engaging in intentional misconduct, the consequences can be severe.

If you were injured in a crash caused by another driver, you may have the right to pursue compensation through a car accident lawsuit under Alabama law. At Prince Glover Hayes, our Tuscaloosa car accident lawyers can help you understand whether you have grounds to file a civil lawsuit and work with you to build a strong claim for any compensation you might deserve.

Contact our team to schedule a consultation and discover why so many Tuscaloosa crash survivors trust Prince Glover Hayes to support them in their fights for justice.

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What to expect after a collision

It is extremely common for accident victims to suffer psychological shock after an accident, which can prevent them from fully processing what they just experienced. Some individuals also suffer injuries that put them in a state of physical shock. This is an actual medical condition that can be life-threatening without swift intervention. In both cases, you may walk away from a crash feeling relatively normal, only to develop serious symptoms later on.

This is why it’s critical to prioritize contacting emergency services and seeking medical care as soon as possible after a serious crash. You should also be prepared to comply with any commands from responding law enforcement and to exchange the information you need to begin the process of filing an insurance claim. The bottom line is that the moments after a crash can be confusing and complicated, but there are some very real tasks you’ll need to complete to protect your rights moving forward.

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Initial steps following a car accident

After a car accident, there are a few steps you should follow to ensure your safety and the safety of those around you, as well as to ensure compliance with Alabama law:

  1. Check for injuries, render aid and contact emergency services if necessary.
  2. Move your vehicle to a safe location if possible.
  3. Contact law enforcement immediately if the crash resulted in injury or death, and consider contacting police for serious property-damage crashes as well.
  4. Exchange names, addresses and drivers’ licenses with the other involved driver(s) if the accident resulted in any injuries, fatalities or serious property damage.
  5. Document the scene of the accident by taking photos and videos.
  6. Collect eyewitness contact information in case their testimony becomes relevant later.
  7. Seek medical attention even if you think you feel fine to rule out any invisible injuries or developing complications.
  8. Submit the required state crash report within 30 days if the accident caused injury, death, or property damage exceeding $250.
  9. File an insurance claim. Avoid making any admissions of fault along the way.
  10. Speak to a car accident lawyer who can help you communicate effectively with insurers or pursue any additional legal action that may become necessary.

Following these steps can help you preserve the integrity of your claim and provide you with an immediate paper trail that supports the timeline and details of your accident. Failing to comply with any legal requirements or missing filing deadlines could complicate your claim or negatively impact your recovery options.

When to consider legal action after an auto accident

The majority of car accident cases are settled via the standard insurance process, but there are some situations where additional legal action may be appropriate. Every case is different, so it’s important to consult with a lawyer if you’re considering filing a lawsuit related to a car accident.

For example, you may want to consult with a Tuscaloosa car accident lawyer if:

  • Your insurance claim is highly disputed
  • You believe your claim was denied in error or based on inaccurate information
  • The amount of damages you suffered exceeds insurance policy limits
  • The other party is erroneously claiming contributory negligence on your part

Car accident lawsuits may be most helpful in situations where insurance negotiations have stalled or fallen short of providing a survivor with the resources they need to account for their accident-related losses.

Questions about fault often complicate car accident insurance claims, but an experienced car accident lawyer can help you put all the puzzle pieces together to make a compelling claim or support a finding of liability on the part of the other involved party.

How a car accident attorney can help with the legal process

An experienced car accident attorney has the tools and knowledge necessary to help car accident survivors fight for fair compensation under Alabama law. Attorneys often investigate the crash itself. They may also help obtain evidence such as surveillance footage, traffic camera recordings or cell phone records.

Lawyers sometimes help their clients negotiate with insurers. If negotiations do not resolve the dispute, they may recommend filing a lawsuit. At that point, their role becomes about representing you in the civil court process.

Understanding your rights in an Alabama car accident lawsuit

Suffering an injury in a car accident may not automatically make you eligible for compensation under Alabama law. In order to qualify for compensation, you’ll first need to be able to show that your accident was the direct result of another person’s negligence. That means:

  1. The other party owed you a legal duty of care (i.e. following traffic laws)
  2. They violated that duty of care – as evidenced by their actions or inaction
  3. You suffered identifiable harm in the accident
  4. Your injuries were the direct result of the other party’s breach of care

If these conditions are met, you may be within your rights to file a claim for compensation. If you cannot show that another party’s negligence directly caused your injuries, however, your recovery options may be more limited.

Alabama’s fault laws and how they impact your case

Alabama follows one of the strictest contributory negligence systems in the country. If an investigation shows that your own negligence played a role in your crash, you may be barred from recovering any compensation from other parties.

This system is one of the biggest complicating factors in car accident cases. Insurance companies and defense attorneys often look for evidence suggesting the injured driver shares some blame so they can use it as a defense. Your lawyer can help challenge unsupported claims that you were partly responsible for the crash using documentation and testimony.

 

Statute of limitations for filing an auto accident lawsuit

In Alabama, most personal injury cases are subject to a two-year statute of limitations, so you'll most likely have to file a lawsuit within two years of your accident if you want to recover compensation. If you don’t file within this window, you may lose your ability to pursue damages. Limited exceptions may apply in certain circumstances, but they are narrow and fact-specific so you shouldn’t assume you’ll have more than two years to file your suit.

A two-year statute of limitations is on the shorter side, so the faster you can move to preserve evidence, meet filing deadlines and initiate a claim, the better. That’s why it's so important to consult with an experienced car accident lawyer as quickly as possible after your crash. Not only can your lawyer help you keep track of whether you are still covered under the statute of limitations, but they can help you move more swiftly to execute the necessary tasks to get your lawsuit off the ground while you still have time.

Documenting your car accident case

Because negligence plays such an important role in car accident cases, you need to move as quickly as you can to document anything and everything that might support your claim of liability. You must be able to show that the other party involved in your case owed you some duty of care and that they fell short of executing that responsibility.

Additionally, you’ll need to gather plenty of documentation to support the nature of your injuries, as well as the valuation of your damages. The idea is to provide a comprehensive picture of all of the factors that contributed to your crash and the long-term impact of your injuries and other losses. Comprehensive and accurate documentation can convey the extent of all of these losses and lay the foundation for a more effective lawsuit.

Critical documentation for building a successful accident lawsuit

If you want to build the strongest possible case, you and your legal team will need to gather as much documentation as you can. Some examples of documentation that may prove vital in a car accident lawsuit include:

 

  • Police/accident reports
  • Photos and videos of the crash site
  • Traffic cam and CCTV footage
  • Insurance records
  • Vehicle maintenance or inspection reports
  • Medical evaluations
  • Hospital bills
  • Notes from therapy sessions
  • Long-term or rehabilitative care plans
  • Employee records
  • Disability filings
  • Expert witness testimony
  • Eyewitness accounts
  • Testimony from friends, family members and co-workers about the impact of an accident on a survivor

The kinds of documentation you’ll need will depend on the facts of your case, as well as the defense being leveraged by the alleged at-fault party. You and your team will want to look for evidence that accurately conveys how your crash likely unfolded, as well as any information that can help explain the severity of your injuries and the long-term prognosis associated with the harm you suffered.

The car accident settlement process

Some car accident claims settle out of court via the settlement process. During settlement negotiations, attorneys and insurance adjusters review evidence and attempt to negotiate a resolution without the need for further legal action. If both parties can come to an agreement, the case may resolve without the need for a trial.

The idea is for the parties to negotiate for compensation related to damages like medical expenses, lost income, pain and suffering, etc. If settlement negotiations do not resolve the dispute, the case may proceed through litigation in Alabama civil court. Your lawyer can represent you during settlement negotiations and advocate for you to receive fair and reasonable compensation. They can also advise you against taking any low-ball offers that may compromise your long-term financial security so you do not accept compensation that may undervalue the damages supported by the evidence.

Factors that determine the value of your settlement

Generally speaking, the value of your claim will depend on the assessed value of your economic and non-economic damages. This valuation should also take into account the extent and severity of your injuries to help you fight for compensation that reflects your ongoing needs.

Car accident claims aren’t just intended to reimburse survivors for out-of-pocket expenses like medical bills. Instead, they’re supposed to account for a wide variety of losses that can be attributed to another person’s negligence. The value of your settlement should also take into account intangible losses like emotional trauma and physical pain and suffering that may go on to impact other areas of your life over time.

Taking your car accident lawsuit to court

If a fair settlement cannot be reached, the next step may involve filing a lawsuit in civil court. The process usually begins with a formal complaint filed in civil court. From there, the case will move to discovery, at which point both sides will exchange evidence and conduct depositions as necessary.

An experienced Tuscaloosa car accident lawyer can be an invaluable asset during this process. These professionals understand how the civil court system works and can help to ensure you don’t miss any important filing deadlines or otherwise compromise your case. The sooner you can get a professional on your team, the more quickly you can begin building a comprehensive and effective case.

The litigation timeline for an auto accident lawsuit

Every car accident case is different, and timelines can vary significantly depending on a variety of factors. An extremely complex, contested case may take longer to resolve than a more cut-and-dried accident lawsuit. Civil suits can also encounter delays due to external factors like administrative backlogs.

Since it’s so hard to predict how long it will take for your case to move through the litigation process, it’s always best to be as proactive as possible during the preparation phase of a suit. If you and your lawyer can conduct a thorough investigation and gather critical documentation on the front-end, you may be able to streamline the legal process once the ball gets rolling. Your car accident lawyer may be able to give you a better sense of the likely timeline based on the facts of your case and their understanding of the litigation process.

Common challenges in the accident lawsuit process

As your case progresses, you may encounter obstacles like:

  • Disputed liability
  • Delays in obtaining evidence such as security footage or cell phone records through subpoenas or discovery requests.
  • Claims of contributory negligence
  • Insurance disputes over immediate accident-related costs
  • Attempts to downplay the severity of your injuries or the value of your losses

All of these situations can delay the conclusion of a lawsuit and make it difficult for victims to recover the full amount of compensation supported by the evidence.

Overcoming insurance company tactics

Don’t try to take on big insurance companies on your own. They have ample resources, knowledge and experience to deploy tactics that may compromise your recovery efforts. Instead, you may want to consider partnering with an experienced attorney who can help you push back against these efforts to the best of their ability.

When an insurance company tries to dispute the value of your losses, the kinds of treatments you require or the details of how your crash unfolded, your lawyer can advocate for you based on the cold, hard facts of your case. Your lawyer’s goal should be to present an evidence-backed case for compensation while protecting you from insurance tactics that may unfairly impact your settlement.

Compensation available in a car accident case

Victims of negligence-related car accidents in Tuscaloosa may be entitled to compensation for economic and non-economic damages like:

  • Medical bills
  • Future medical treatments
  • Rehabilitation or physical therapy costs
  • Lost wages from missed work shifts
  • Reduced earning potential due to disability or trauma
  • Therapy costs
  • Emotional distress
  • Pain and suffering
  • Property damage

In most personal injury cases, plaintiffs do not need to worry about caps on economic or non-economic damages. If the court decides punitive damages are appropriate based on the facts of your physical injury case, the amount of punitive damages you can recover will likely be limited to three times the amount of compensatory damages awarded or $1,500,000, whichever is greater – though these caps can vary a bit depending on the nature of your case.

Calculating long-term damages after a serious auto accident

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Many serious car accidents result in injuries with long-term implications for survivors and their loved ones. If you plan on filing a lawsuit related to a Tuscaloosa car accident, you should account for likely future losses when calculating the value of your claim.

This might include things like reductions in your lifetime earning capacity, future care costs or long-lasting emotional trauma. If you don’t account for these compounding expenses when building your case for compensation, you may inadvertently leave yourself without the resources you need to safeguard your financial future.

Your lawyer can work with life care planners and medical professionals to help estimate the costs of your future needs on top of your current losses. This collaborative approach can help you build a more comprehensive claim that will leave you in a better financial position moving forward.

Contact our Tuscaloosa car accident lawyers for a free consultation

If you were injured in a car accident in Tuscaloosa, you deserve to work with an experienced legal team that understands what it takes to fight for survivors and their loved ones.

The attorneys at Prince Glover Hayes have been serving our community since 1979, and we would be happy to support you in your Tuscaloosa car accident lawsuit. We can investigate your crash, help you negotiate with insurers and even represent you in court if it comes to that.

Fill out our online contact form or stop by our Tuscaloosa office at 2311 University Boulevard, Suite A to speak with a member of our team about how we can help you fight for your rights after your car accident.

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