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Don’t let a serious injury caused by someone else’s negligence disrupt your future. An Alabama personal injury lawyer can help you recover full compensation, getting your life back on track.
Our law firm has extensive experience recovering large settlements for auto accident victims. This will be a huge benefit to your accident claim when it comes time to collect from the insurer.
Injured motorcyclists often have a difficult time collecting fair compensation for their accident injuries and losses. Our injury attorneys will help you recover every penny you’re owed in settlement.
Recovering from a wreck with a semi-truck or other commercial vehicle is rarely easy—or inexpensive. Work with our Alabama firm and ensure that every damage you’ve experienced is accounted for.
Alabama has some of the strictest wrongful death laws in the country. Our injury lawyers will give you an honest answer regarding how strong your death claim is and what your next step should be.
A defective product can have disastrous consequences for your health, future, and finances. Get in touch with us today so that you can hold the negligent company financially accountable.
Medication is supposed to make your life better—not damage your health. If a defective drug has hurt you or your family, our lawyers can help you take on the drug company or healthcare provider.
Whether you slipped or tripped, a fall can leave you with serious brain, spine, or bone injuries. Dangerous surfaces and premises are often the cause, and you can hold the owner responsible.
About the Henry Dailey Law Firm
The Henry Dailey Law Firm knows Alabama injury law inside and out. Dedicated to the people of our state, we’re here to help you get the full compensation you deserve.
An Alabama Injury Attorney, Born and Raised
Henry C. Dailey, our firm’s founder, is a native son of Alabama. He was born, raised, and educated here, giving him an unparalleled commitment to his fellow Alabamians. As his education and career have both been spent in the Yellowhammer State, Henry has an in intimate, in-depth knowledge of how personal injury law and the local court systems work in Alabama.
From Birmingham to Huntsville, Montgomery to Mobile, the Henry Dailey Law Firm has a proven track record of helping injury and accident victims recover fair compensation for their damages and losses. We never let a client settle for less than he or she deserves, so you can count on our attorney to help you recover the largest compensation check possible for your injury claim.
Not only does our firm have a history of recovering large settlements, we also have a stellar reputation in Alabama’s legal community. Henry Dailey has the highest-possible AV rating from Martindale-Hubbell, and he has been similarly recognized by prestigious organizations such as LexisNexis, the Million Dollar Advocates Forum, the Top Lawyers in Birmingham, and the Best Attorneys of America.
When you need the best results for a car accident or personal injury claim in Alabama, you need the Henry Dailey Law Firm on your side. Everyone on our team looks out for the best interests of our clients, so get in touch with us today and find out what it’s like to have an experienced, compassionate, and capable Alabama injury law firm on your side.
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Free Consultations for Injury Victims
Medical bills and other expenses have a way of piling up after an auto accident or serious injury. The Henry Dailey Law Firm understands this, and our goal is to avoid adding legal fees to your burden. As a result, we offer all new clients a free consultation so that they can discuss their case with us and receive an honest legal evaluation from an Alabama personal injury lawyer free of charge.
We also provide personal injury legal representation on a contingency basis, which means that you won’t have to worry about paying legal fees until after your case has been won and you’ve received your financial compensation. And if we don’t win your case, you don’t have to pay, plain and simple. This makes for a stress-free situation when it comes to legal bills, so schedule your free consult today!
Why Choose the Henry Dailey Law Firm?
Choosing the right law firm to handle your injury or accident case is essential for getting a successful outcome. At the Henry Dailey Law Firm, we pride ourselves on being the right choice for our clients.
Alabama’s Personal Injury Attorney
Henry C. Dailey has been practicing law since 1987. Since that time, he has helped people from all over Alabama get justice by recovering financial compensation for serious injuries and illnesses suffered due to the negligence of others. While many of these individuals were the victims of auto accidents, he also helps victims of defective products, premises liability, wrongful death, construction accidents, and more.
No matter how you were hurt, our Alabama personal injury lawyer can help you as long as someone else was at fault. We pride ourselves on making you comfortable throughout the injury claim process: You won’t have to guess what the status of your claim is when you work with us. Right from the beginning, we’ll give you a clear idea of what to expect and of just how strong your personal injury claim is.
Our track record of case results speaks for itself. Our personal injury attorney has recovered some truly impressive settlements for our clients, and we’re eager to do the same for you. If you were hurt, Henry C. Dailey can help you determine who was at fault, what your injury claim is worth, and how best to proceed. If the insurer or an opposing lawyer is breathing down your neck, we can help.
Don’t settle for less than what your accident injury and losses deserve. Instead, get the Henry Dailey Law Firm on your side. We’re here to serve the people of Alabama, helping them get just compensation for what they experience when they suffer an accident or injury caused by someone else. Work with a personal injury lawyer in Alabama who has the experience, reputation, and track record you need.
Alabama Personal Injury Lawyer
Serious injuries are costly, and it’s not just the medical expenses that will pile up. Between your pain, the related financial costs, and the mental trauma that comes with a serious accident, you’re likely feeling overwhelmed already.
Worse, you didn’t even cause your accident. It was the fault of another person, who left you injured and struggling to deal with your injuries and expenses on your own. For you, this means having to fight for the compensation you’re owed. It’s an unfortunate situation, but when this happens, you can rely on an Alabama personal injury lawyer to get you through it.
Even if your case seems clear, however, there’s always a chance that you could lose the compensation you deserve when you go alone. At the Henry Dailey Law Firm, we understand that Alabama laws can be uniquely strict, so we want to make sure you get the compensation you’re owed. If you’re concerned for your injury or auto accident case, give us a call to get the answers you need.
Alabama Personal Injury Case Types
It doesn’t matter if you were heading down I-65 and got hit by a negligent driver, or if you were enjoying one of Birmingham’s many shops and fell, thereby causing a major injury—either way, you’re hurt. If you’ve been injured by another person’s actions, you need to get your compensation soon, so that you can deal with the stress of your situation and instead focus on your recovery.
Your personal injury case type, however, will matter when you’re deciding how to handle your case. After all, different Alabama state laws will be at the forefront of different cases, so you may need to approach your case differently if it’s a motorcycle crash, for example, as opposed to a defective product. Since these laws will be intrinsically involved in your case, they’ll need to inform every decision you make regarding it.
Your personal injury case type will also help you when determining fault. Fault can be complicated, especially when dealing with inanimate objects or certain types of situations. Evaluating your injury case type puts you one step closer to a settlement.
If you’re not sure where your case falls, see the list below or call an Alabama personal injury attorney in our office if you don’t see your case type here. While this list isn’t exhaustive, it can give you a general idea of your legal situation and where you’ll need to begin.
Motor Vehicle Accidents
It could happen at any time. Whether you’re driving down the interstate, or you’re enjoying one of Alabama’s scenic backroads, a negligent driver can lead to all kinds of trouble for you. These accidents cover any type of vehicle that hits you and your motor vehicle.
Indeed, whether you’re a car driver or a motorcyclist, we’re ready to fight for your case. We know how delicate a car accident can be, and we know how easy it can be to make a mistake with the other driver’s insurance and lose your recovery. When you’ve been injured in an auto wreck, it’s best to hire an injury lawyer—no matter what you drive—because the consequences may be dire.
In some situations, you might experience especially serious injuries, especially with motorcycle accidents or wrecks involving 18-wheelers. These damages tend to be especially severe, so you’ll also need someone who understands just how badly you need your compensation to pay for your recovery.
When dealing with a vehicle crash, keep in mind that one of the biggest questions will be who was at fault. Alabama is a fault state for auto insurance, so the person responsible for the accident will be the one paying for the damages suffered. As such, you’ll need to act fast and make sure you’re not held responsible for the accident.
Product liability, on the other hand, will apply specifically to defective products that can leave you and your property seriously damaged. This could be anything from car parts to kitchen appliances to defective drugs—and everything in-between.
A product defect can be dangerous to you and the rest of your home. Let’s say you purchased a new lamp, but when you plugged it in, it caught fire. Now you have been burned, your property damaged, and it’s the fault of a negligent manufacturer, who has an obligation to the consumer to sell safe products. Alabama’s personal injury laws, however, will make getting your compensation complicated.
Alabama’s liability laws, known collectively as “AEMLD,” state that you’ll need to prove that the item is dangerous and that it was received by the consumer without alterations that affected its safety. This isn’t always easy, so be sure you have an Alabama lawyer with the resources to help you.
Maybe it wasn’t a product that injured you, but a place. We spend much of our lives shopping, at work, or otherwise away from home, and property owners often don’t meet the duty of care that we would like them to. It’s unfortunate, but you may be hurt because of this.
A slip-and-fall accident is one of the most well-known types of premises liability accidents. We often hear about an employee not placing a “wet floor” sign and a customer getting badly hurt because he or she then fell on the slippery surface. If this happened to you, we can help you get the compensation you need so that you can spend more time focusing on your recovery.
These injury-causing accidents tend to be a little more complicated because of who is involved. It would stand to reason that the employee who was negligent is the one responsible for your injuries since that person caused them. However, you’ll have to instead deal with the owner of the property itself or the business the employee works for. This will be key to your case, since you’ll need to know exactly who’s responsible for the personal injury you’ve suffered.
Intentional injuries, or “torts,” are cases where you have been intentionally attacked or harmed by another person and you wish to recover compensation. These are usually personal attacks, such as assault and battery, and in many cases, they are also crimes.
One of the major considerations for these types of cases will be that there will often be two separate trials: one heard in civil court and one heard in criminal court. In many intentional-tort cases, you’re dealing with a crime, and that case must be handled first. These trials, however, are specifically intended to punish the perpetrator for their crimes—if they’re convicted.
The criminal trial must be finished before the civil trial begins, which is specifically for getting financial compensation for your injuries and losses, but this can help you. A conviction for the crime you’re taking action for will further your own claim and result in a better chance of getting the full compensation you deserve.
While these types of injury cases are less common than many other injury case types, they’re just as serious and ensure that you get both justice and financial recovery. You deserve a chance to get your life and wellbeing back, and while a criminal trial won’t give you that, an Alabama personal injury claim can.
Your Injuries Are Serious
Unfortunately, focusing on anything but your injuries in the days or weeks following your accident can be tough. All the above case types can lead to serious, sometimes life-threatening injuries, and when you’ve suffered major injuries, it’s tough to direct your focus and energy on anything but managing the pain and changes to your life.
When dealing with these potentially life-changing injuries, it’s important to keep in mind that all injuries can and should be considered when you discuss compensation for your damages. The number of serious injuries you could suffer is vast, and worse, you may have suffered multiple serious injuries. It’s important to keep in mind what is considered a serious injury and how it will affect you.
For example, the list below is just a small sample of the injuries we see clients suffering from in many Alabama injury cases:
- Broken Bones – While many people have experienced fractures at some point in their lives, it may have surprised you just how debilitating a broken bone can be. When you’re unable to walk or use a limb, it can make work impossible and daily life painful.
- Traumatic Brain Injury (TBI) – The majority of TBIs are minor concussions, but even these smaller injuries should be taken seriously. These injuries can affect your cognitive functions in a temporary sense, or you may be permanently impaired
- Spinal Cord Injury – Not all spinal injuries end in paralysis, but it’s unfortunately common. If the spinal cord is severed, it’s possible that you’ll never feel anything below the point of the injury again, although lengthy therapies can recover some strength and motion in time.
- Amputation – It’s a frightening thought, but high-speed or violent accidents can crush or cut limbs so severely that they can’t be saved. When this happens, an amputation will be necessary, although adjusting to life without a limb can be traumatic
- Burns – A major burn can be life-threatening, and the damage done can destroy nerves or leave you in serious pain, depending on the depth of the burn. These injuries can take a long time to heal, and the mental toll will be severe for many burn injury victims.
Insurance Companies Aren’t on Your Side
In many personal injury cases, insurance companies should step in and help you with your case, making things simpler and smoother. Unfortunately, even if the other person’s insurance company should cover you, such as in the case of accidents on the road, it may not be easy to get them to cooperate and provide a settlement that covers all your needs.
It’s a tough truth, but insurance companies are for-profit businesses, and while we pay for their protection when we’re hurt, they’re not always willing to help when we need it most. That leaves you in a bad spot: dealing with your injuries and unable to settle.
An Alabama personal injury lawyer may be the best solution when you’re dealing with an insurer who’s unwilling to cooperate. It’s not always easy to negotiate with them, but an injury attorney at the Henry Dailey Law Firm can make sure that not only are you getting the answers you need, but also that you’re getting the settlement you deserve for your troubles.
While the insurance companies may give you a fair offer, this isn’t a guarantee. After all, they are for-profit companies, and they may try to keep those profits by only offering you a fraction of your settlement’s worth. Don’t fall for it. You deserve your full compensation, and our personal injury lawyers will give you the best chance for getting it.
Calculating Your Damages
Whether you’re filing a claim or just beginning settlement negotiations with an insurance company, you’ll need to know how much your damages are worth before you ever get started. Without this value figured out, you could end up with a much smaller settlement or far less compensation than what you’re owed. This makes it critical to know what your personal injury claim is worth ahead of time.
Unfortunately, trying to decipher what those damages are worth when you’re suffering is tough. On top of working through your suffering, you may come across a major obstacle: What about the pain and suffering you’ve experienced that doesn’t have a clear monetary value?
There are two major types of damages that you’ll come across when preparing for your Alabama personal injury case: economic and noneconomic damages. While some cases may also include a third type, punitive damages, which are meant to punish the person for egregious or willful negligence, these are less common, and you’ll more likely be able to claim the two main types of injury damages.
When you’re injured, the bills you’re left with are your economic damages. The expenses you end up with after your accident or attack can be serious, and you might be left with plenty of bills to repair what has been damaged or lost.
When you’re considering what economic damages you should include, consider the following:
- Property damage
- Current and future medical expenses
- Lost wages
- Transportation expenses
“Noneconomic damages” tend to be a little more complicated. While economic damages are visible and clearly have a dollar amount, your non-financial damages won’t be so easy to quantify. These damages include any suffering you’ve experienced, which will typically consist of emotional or mental responses to the trauma you’ve been through.
To calculate noneconomic damages, a personal injury lawyer in Alabama will use a “sliding scale” of intensities to determine how much your damages affected your life and how severe the suffering you’ve experienced is. For example, someone who has suffered a broken leg may be in severe pain, but for a pro athlete, that same injury could be career-ending, which adds to the trauma and may mean more compensation.
If you’ve suffered because of the pain you’ve been put through, the following damages could be included in your compensation:
- Pain and suffering
- Mental anguish
- Emotional trauma
- Loss of companionship
- Loss of enjoyment of life
Laws Unique to Alabama
To recover your personal injury compensation, however, you’ll have to be sure that you act carefully. Many Alabama injury laws are strict, and this could hurt your chance of recovering compensation if not handled properly. And being barred from recovery will keep you from the funds you need to get back on your feet.
While you and your Alabama personal injury lawyer might discuss a number of applicable laws, two laws in particular are worth taking note of. These Alabama state laws, if not considered during your case, could bar your recovery so that you’re stuck struggling without the compensation you need.
If you’re concerned about keeping your personal injury case on the right track, an attorney from the Henry Dailey Law Firm can help you keep track of these and other laws that could affect your compensation. When your compensation is on the line, you need help ensuring that the legal process is done correctly and timely.
Alabama Personal Injury Statute of Limitations
First, keep in mind that your time to act is limited. In Alabama, you’ll only have two years to file, which may go by quickly if you’re severely injured and incapacitated by a major injury. This makes it that much harder to settle your personal injury case alone. When you’re dealing with the strain of your injuries and a tight deadline, it can feel overwhelming.
Filing against the government will be even more difficult. You’ll typically only have six months to pursue these cases, and in general, they tend to be more difficult in Alabama due to some of the state’s current laws. If you’re planning to file against the government, consider speaking to one of our personal injury lawyers before you begin.
These limits, however, do have a purpose: to protect the integrity of the evidence. The longer one waits, the less reliable the evidence will be. By acting quickly, the evidence that you weren’t at fault may be stronger, so it’s best to act quickly.
Alabama Negligence Law
One of the biggest roadblocks to your case will be Alabama’s pure contributory fault law. This law states that if you’re found at fault for the accident to any degree, your case will be dismissed and you’ll be barred from recovering any of your damages.
For example, you may have been walking through a store when you slipped and fell because of a spilled soda. There was no sign, but you were texting while you were walking. If the defendant uses this defense, it’s very likely that you’ll lose your chance at compensation, making it essential to work with a personal injury attorney who can prove that you didn’t share in the blame.
What an Alabama Injury Lawyer Can Do
With so many hurdles to collecting monetary compensation for a personal injury, it’s easy to get overwhelmed when dealing with an Alabama injury case. It’s tough, and when you’re going alone, it can be nearly impossible. Where other states might offer a little leeway with different negligence laws, Alabama doesn’t afford you that.
To get the compensation you deserve, it’s always best to work with a personal injury attorney in Alabama from the Henry Dailey Law Firm. We’ll have the tools and resources to provide everything you need when you need it, from guidance through the claims process to answering the defense and protecting your claim.
Our Alabama lawyers will also take a further step by considering your specific situation and helping make it easier. For example, we understand how difficult it can be to process the loss of a bodily function or limb, so we’ll take extra time and consideration with your case. If you’re struggling with juggling the many pieces of your personal injury claim on top of your injuries, we want to help.
If you’re not sure that you can afford a lawyer, give us a call. The Henry Dailey Law Firm offers free consultations, so you’ll know where your case stands and whether you have strong grounds to proceed. When you’re ready to begin work on your case, we’ll walk you through how our contingency fee arrangements work so that you won’t have to worry about legal fees until after you’ve won your case.
Reach Out to an Alabama Personal Injury Lawyer
Legal concerns on top of your injuries and losses can be frustrating and overwhelming, but a successful personal injury claim can get your life back on track. No matter how serious your situation is, an Alabama personal injury lawyer can help you handle your case in the best way possible.
At the Henry Dailey Law Firm, we understand that your situation has left you struggling with bills, trauma, and pain, and we know that we can help. An injury can leave scars on both the body and the mind, but it doesn’t have to haunt you for the rest of your life by leaving you with staggering expenses and debt.
Instead, call our Alabama law firm for help at any point in the claims process. We have experience negotiating with insurers, as well as the know-how to prevent unfair tactics that might keep you from your compensation. We also have the tools to calculate your compensation’s full worth.
Most importantly, however, we can guide you through your case when you’re mentally and physically overwhelmed. We provide all these tools and resources so that you can focus on your recovery during your case, instead of becoming overwhelmed. One of our free consultations may be exactly what you need. Call the Henry Dailey Law Firm today at 205-995-2412 or fill out the online form below.
Alabama Personal Injury FAQ
I feel fine, do I need to go to the hospital after my accident?
There are many types of injuries that aren’t readily noticeable after an accident. To ensure that you aren’t bleeding internally or suffering from critical brain damage, you should be examined by a medical professional, whether it be your primary care physician or the emergency medical technician (EMT) at the scene of the accident.
Not only will this prevent you from suffering from more serious consequences stemming from an injury that goes untreated, but medical records that demonstrate how you were seen immediately following the accident will only help your case.
What are some of the injures frequently seen in accidents?
The types of injuries our personal injury law firm sees vary based on the type of accident that the client has been involved in. Generally speaking, our clients have been known to suffer from amputations, internal bleeding, traumatic brain damage, organ failure, broken bones, spinal cord damage, and third-degree burns, just to name a few.
Injuries of this nature will often require a lengthy recovery time which might include physical or occupational therapy, numerous trips for doctor appointments, and a significant amount of time that you’ll miss at work.
What type of accidents warrant pursuing a personal injury claim?
Nearly any kind of accident could be grounds for pursuing a personal injury claim. The only way to be successful in the claim, however, is to establish that the cause was a negligent action on the part of the defendant. The following is a compilation of the types of accidents our Alabama personal injury attorney regularly handles cases for:
Motor Vehicle Accidents
When one motor vehicle collides with an automobile, tractor-trailer, bus, motorcycle, bicycle, pedestrian, or stationary object such as a highway median or street lamp, it can wreak havoc on your body.
Motor vehicle crashes are probably the most dangerous of any type of accident due to the size of the vehicles involved. The sudden impact of a collision has the potential to cause catastrophic injuries.
Defective products are unique in that almost any person or corporation involved in the chain of distribution can be held liable for injuries incurred due to the product’s malfunction. This is because each entity has an obligation to ensure the safety of the product before it is placed on the market.
Premises liability accidents occur when an invited guest at a home or business is injured due to a hazard that the property owner should have known was present.
Examples might include a walkway that has iced over outside of a supermarket that should have been treated with rock salt, a spilled beverage at a restaurant that should have had a wet floor sign placed next to it, and a dangerous dog that bit someone because it wasn’t properly trained or restrained.
There are only a few exceptions that might allow a property owner to avoid responsibility for premises liability. The first is the “open and obvious” rule in which the property owner cannot be found liable for dangers that were obvious, such as a broken walkway that is awaiting repair.
Next, it’s important to note that uninvited guests, people trespassing at the time of the injury, and those committing a crime when injured will be unlikely to recover financial compensation for injuries they sustained from the property owner’s premises.
Construction and Work Injuries
Every employer throughout the state of Alabama—except for those who employ less than five workers, farmers and other domestic employees—is required to provide workers compensation coverage for their employees in the event that an employee is injured while on the clock.
However, you might also be able to file a personal injury claim if gross negligence, malice, or an outside third party were somehow involved.
Who is to blame for my personal injuries?
The answer to this question will largely depend upon what kind of accident you were involved in. Motor vehicle accidents usually involve a negligent driver causing a crash due to poor judgment and reckless driving practices, while premises liability cases almost always find that the property owner is culpable for the injuries of their invited guests.
You can be sure that your personal injury attorney will conduct a thorough investigation to establish who is responsible for causing your injuries so that you can bring a lawsuit against them.
Should I accept the insurance company’s offer to settle my injury claim?
Prior to accepting the insurance company’s initial offer, you should first have it reviewed by an experienced injury lawyer in Alabama. This is because insurance companies do not make a habit of prioritizing the needs of injury victims over that of the company.
If you received an offer quickly, chances are high that the insurance adjuster knows that your claim is worth a significant amount of money and believes that the insurer can avoid settling for the full amount you deserve by rushing you into a lowball offer.
By having your offer reviewed by our Alabama personal injury lawyer, you don’t have to worry about getting taken advantage of. Your attorney will not recommend that you accept an offer that is not fair, not reasonable, or won’t cover your costs in their entirety.
The insurer has asked me to give them a statement; should I?
No, you shouldn’t. By declining to give the insurance adjuster a statement about how your personal injury occurred, you can protect your chance for a successful outcome. Insurance adjusters have been known to exploit the words of accident victims to make it appear as though the victim accepted blame or responsibility for causing the accident.
In doing so, the insurance company could very well not have to pay you anything. For this reason, should the insurer require a statement, your personal injury attorney will work with you to compile a statement that directly answers their questions but admits no fault. That way, you don’t have to be concerned with being blamed for an accident you didn’t cause.
Will I have to go to court for a personal injury claim in Alabama?
Going to court for an injury claim depends on whether we are able to come to an agreement with the insurance company. Our personal injury lawyer usually continues negotiations until we reach a reasonable and fair settlement that will fully cover your damages.
However, occasionally the insurance company remains rigid and unwilling to compromise to meet the needs of clients; in which case, we are prepared to bring your case to trial and win a verdict.
How long will it take to win my Alabama personal injury case?
This is a difficult question to answer, as every case will be different based on what type of accident you were involved in, the level of investigation required, and a variety of other factors that will need to be discussed when we go over the details of your case.
You can be assured, however, that your injury attorney will work rigorously to secure a settlement that will meet your needs as quickly as possible so that you do not have to deal with financial insecurity on top of the effects of your injuries.
How much does an Alabama personal injury attorney’s services cost?
Each case will be different depending on the amount of investigating required and the time needed to build a powerful claim. However, you won’t need to concern yourself with these costs while dealing with other losses, as we work with our clients based on an agreed-upon attorney contingency fee.
You won’t be required to pay us anything until or unless we win your case! Our fee will then be automatically deducted from your settlement so that you don’t have to worry about making a payment after the fact.
How do I file a personal injury lawsuit against a government agency in Alabama?
Filing a claim against the government can be extremely challenging in Alabama. You only have six months from the date the accident occurred, or from the date you were diagnosed with an injury that stemmed from the accident, to pursue your claim. After that time passes, you will not be able to file an injury lawsuit against a government-run agency. In these cases, it is crucial that you retain the assistance of a qualified personal injury attorney.
What are economic damages?
When we refer to economic damages, we are talking about those losses that pertain to your finances. These will usually include your lost wages, medical expenses, and damage done to your future earning potential, such as contributions to your 401K, advancements in your salary, and bonuses.
Is there a cap on non-economic damages in Alabama personal injury claims?
When we get the final verdict about the financial award you’ll receive, there is a cap on the combined total of punitive damages and non-economic damages. This amount cannot exceed $400,000.
What if the accident caused the death of a loved one?
In the event that the accident you were involved in resulted in the death of a loved one, we can move forward with filing a wrongful death claim if you are the personal representative of the deceased’s estate.
If you are not the representative of the estate, then we will need to work with this representative to file a claim on your behalf so that you can recover punitive damages for the harm caused to your loved one. We are not able to seek compensatory damages for funeral costs and medical bills; however, you can use the money you are awarded to cover those expenses should you see fit.
How do you calculate pain and suffering in injury lawsuits?
More frequently known as “mental anguish damages” as opposed to pain and suffering, we calculate the monetary value of your pain and suffering by determining how your injuries have affected your everyday life.
Both physical pain and the emotional impact can be recovered monetarily. If you suffered a third-degree burn, for example, and had to endure excruciating cleaning, debriding, and skin grafts, you would be entitled to more than someone who might have suffered a broken bone but felt no physical pain.
Emotional effects such as losing interest in activities you once loved or your favorite foods not having the same tastes they once did are equally as damaging and should be considered accordingly.
What is loss of consortium?
Loss of consortium refers to the inability to engage in a loving and companionable relationship with your family members, including your spouse, children, and other close family. This could be due to the effects of depression or feelings of being withdrawn, but if you feel that you can no longer enjoy the love and companionship that your family members once offered due to the injuries you sustained in your accident, you should be compensated accordingly.
What can I recover for the loss of household services?
The amount that you will be able to recover will vary based on the seriousness of your injuries and how they have impacted your ability to engage in household responsibilities.
Some of the most frequently seen household services that claimants hope to recover damages for include the inability to do dishes, laundry, mow the lawn, vacuum the floors and furniture, clean windows, and complete any other household responsibilities that you’ll need to have someone else do.
Can I get my medical bills paid by the negligent party?
Yes, you can! This economic damage is probably one of the most critical aspects of your personal injury claim. The cost of medical care in the United States is astronomical, and people who suffer severe injuries can expect medical bills to climb well into the tens or even hundreds of thousands.
Every single medical cost that stems from the injury you sustained in an accident caused by the negligence of another should be recovered, which your Alabama personal injury lawyer will see to.
These might include your copays; costs of medical equipment; adjustments made to your home to accommodate said medical equipment; the cost of your hospital stay; the expense of diagnostic imaging and treatment; and physical, occupational, and mental health counseling to help you learn to live with the effects of your injuries, as well as any other medical expense caused by your injuries.
What does “negligence” mean in personal injury claims?
In Alabama, negligence in personal injury claims refers to the careless action of another that caused you harm. Negligence is judged according to whether someone else of similar age and experience would not have made the same decision as the person in question.
For instance, if you were involved in a motor vehicle accident and the other driver was texting while driving, thus distracted from driving safely, he or she would be found negligent since other responsible drivers across the state routinely don’t make the same choice.
Can I be awarded punitive damages for an accident?
You can be awarded punitive damages if the judge determines that the behavior of the defendant was particularly egregious or done with the intent to cause you harm. Punitive damages are meant to punish the liable party for gross negligence and can have a dramatic impact on the final amount of your award.
Keep in mind that the total combined award of non-economic damages and punitive damages will not exceed $400,000 in Alabama. This does not include the portion of your award that will cover your economic losses.
How do I know if the insurance company will pay out on my claim?
You can expect the insurance company to settle your claim if the other party involved in the accident is found to be at fault. The only way an insurer in Alabama will pay out on a claim is if their policyholder is responsible for causing the accident.
How long do I have to file a personal injury claim in Alabama?
The statute of limitations for filing a personal injury claim within Alabama is only two years from the date you were diagnosed with an injury that directly relates to the accident in question, or from the actual date that the accident occurred.
Although two years might seem like plenty of time to gather supporting evidence and get all of the appropriate documentation and paperwork filed, the time passes quickly. If you allow this two-year time period to go by without filing your injury claim, you will no longer be able to seek compensation for your losses and you’ll be stuck with the expenses and damages you’ve endured.
This is why it is of utmost importance to speak with a Alabama personal injury attorney as soon as possible following an accident of any kind.
Can I pursue an injury claim in Alabama if I was partially responsible for causing the accident?
No, you will not be able to file a personal injury lawsuit in Alabama if you were partially liable for the damages caused in your accident. Alabama determines who should pay for the costs of an accident based on pure contributory fault. This means that if you were even slightly to blame for the cause of the accident, you cannot collect compensation from the other involved party.
For instance, if you are found to be 5 percent at fault and the other involved party is 95 percent at fault, you still will not be able to pursue a claim against them due to the pure contributory fault laws. This is how insurers are able to get out of paying claims to well-deserving claimants.
Can I file a personal injury claim on behalf of my child?
While minor children are not able to file claims in civil court, that does not mean that they are not entitled to recover the damages they sustained in an accident. They will rely on you to file a claim on their behalf and become an advocate for their rights.
Children have a particularly challenging time dealing with injuries that might impact their ability to participate in activities they once found enjoyable with their friends, and they will have a more difficult experience learning how to handle the aftermath of the accident they were involved in.
You should always work with an Alabama personal injury lawyer who can effectively quantify the losses your child has endured. Doing so will make sure that you and your child get the most out of your lawsuit.
Am still I eligible for workers compensation benefits if I file a personal injury claim?
If you were actively employed with the company you worked for at the time of your injury, and you were on the clock completing tasks that were asked of you by your employer, you will be eligible for workers compensation.
Nearly every employer across the state is required to provide workers compensation coverage to employees so that they are protected in the event of an injury. You could be disqualified for benefits if you were in violation of the company’s code of conduct or were committing a crime when you became injured.
That being said, if your work injury qualifies for a personal injury case, pursuing a claim will not prevent you from receiving workers comp benefits.
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