Who Can Claim Compensation for Car Accident Injuries in Alabama?

Jackson & Foster are your Car Wreck Compensation Lawyers!

Jackson & Foster: Car Wreck Compensation lawyers in Mobile, AL

As a car accident survivor in Alabama, you could be facing colossal medical expenses coupled with lost or reduced ability to work. Our trusted Alabama vehicle accident lawyers at Jackson & Foster can evaluate your case and determine whether you may claim compensation. Contact us for a quick, free consultation now.

Who Can Claim Compensation for Car Accident Injuries in Alabama?

Alabama is a fault state in awarding car accident settlements. Alabama car accident laws work on a principle known as “pure contributory negligence,” which means you’d only be able to win a car wreck compensation if you could prove another motorist was 100% responsible for the accident.

This law is hugely problematic for accident victims since insurers could avoid paying you if they can show you carry even 1% of the fault for the accident. That’s one reason it’s crucial to work with a competent vehicle accident lawyer from the start of your case.

Does This Mean You Have No Legal Recourse If You Were Partially Responsible for the Accident?

The only exception to pure contributory negligence in Alabama is wanton behavior. State law essentially defines “wanton behavior” as egregiously or consciously unsafe conduct.

For instance, let’s say another driver failed to yield the right of way and crashed into your car, but you exceeded the speed limit by 10 mph and thus contributed to the accident. In Alabama, you’d typically be unable to win any settlement in this case. However, you could still claim compensation if the other motorist was intoxicated or drove aggressively.

What Does a Typical Car Accident Settlement Include?

Every car accident case is different, but car wreck compensations in Alabama generally cover two types of damages: economic and non-economic. Economic damages include tangible and quantifiable accident-related costs, whereas non-economic damages cover emotional and mental suffering.

Economic Damages

Economic damages may cover the following:

  • Medical bills, including emergency care, surgeries, prescription meds, and inpatient care
  • Prospective medical costs (e.g., surgery you may need in the future)
  • Vehicle repair or replacement costs
  • Modifications to your home to make it more accessible
  • In-home help from aides or nurses

Non-Economic Damages

Non-economic damages refer to any accident-related harm to which you can’t easily attach a dollar value, such as the following:

  • Pain and suffering
  • Depression, anxiety, and PTSD
  • Reduced quality of life
  • Scarring and disfigurement
  • Loss of consortium

So, how do you put a price tag on your distress and loss of meaningful activities? Insurance companies may incorporate non-economic damages in accidents involving serious or long-term injuries by multiplying economic damages by a set number. The more severe your injuries are, the higher this multiplier is likely to be.

For instance, if your economic damages amount to $50,000 and your pain and suffering multiplier is 2, your total settlement would be $50,000 x 2 = $100,000.

What If the Driver Who Hit You Was Uninsured?

Alabama requires all motorists to carry a minimum mandatory liability insurance of $25,000 per person, $50,000 per accident involving two or more victims, and $25,000 for property damage. However, many motorists illegally drive without insurance coverage, which can complicate things in a legal case.

If it turns out the driver who hit you was uninsured, or if their insurance policy cap falls short of your accident-related costs, you can seek compensation through your own uninsured or underinsured motorist protection. While UIM coverage isn’t mandatory in Alabama, it’s always wise to have it.

You could also file a personal injury lawsuit against the motorist who caused your accident. Still, there’s no guarantee the at-fault driver would have enough assets to compensate you if you win the case.

What To Do After a Car Accident in Alabama

If you end up in a vehicle accident in Alabama, you should consider doing the following based on the facts of your situation:

  1. Stop your car and call emergency services if necessary.
  2. Call the police and report your accident.
  3. Exchange contact details and insurance information with the other motorist.
  4. Save any available evidence, like photos of the accident scene, witness information, and the police report.
  5. Seek medical attention and save every medical record.
  6. Inform your insurance company of the accident, but be careful when discussing your case or signing any documents.
  7. Consult a local car accident lawyer and start working on your claim.

In Alabama, you usually have two years from the date of the accident to file a claim, but quick legal action will give you a much better chance of settling your case successfully.

Do You Need an Attorney To Win Compensation for Injury in Car Accidents?

Working with an experienced personal injury attorney after a car accident can be crucial, especially in light of Alabama’s pure contributory negligence rule. Insurers may avoid paying car wreck compensation by showing you were partially responsible for the accident. Insurance companies may also downplay your case’s worth and offer a lowball settlement that fails to cover all your accident-related costs.

A seasoned car accident lawyer of Jackson & Foster can:

  • Assess your case and let you know who may be responsible for compensating you
  • Handle all negotiations with insurance companies
  • Advocate for your interests throughout the claim process
  • Evaluate any settlement offer and let you know whether it’s reasonable and fair
  • If necessary, file a lawsuit

How Much Do Car Wreck Lawyers Charge?

At Jackson & Foster, we handle car accident cases on a contingency basis. This means you pay no upfront fees; we only charge a fee if and when you win a settlement. Our typical contingency fee on car wreck cases involving only plaintiff and treating physician testimony is 28%, which is lower than many personal injury law firms.

Jackson & Foster: Fighting Hard To Help You Win Car Accident Compensation

Did you suffer a car accident in Alabama? Contact Jackson & Foster today. Our experienced legal team will guide you through the steps of seeking car wreck compensation and work hard to negotiate an appropriate settlement on your behalf.

Call 251-433-6699 or fill out our online form to book a free consultation today.

“I was driving through Mobile, AL on a long distance road trip when I was involved in a motor vehicle accident. The experience was horrible. The accident occurred halfway between my parents’ house in Texas and my home in Georgia.

I was referred to Jackson & Foster by a friend of mine and was able to obtain him as representation. They answered all of my questions (there were many) and made sure I understood the process of working with the different insurance companies. They kept me updated on the status of the case so I always knew where we were in the process. They made sure I understood that nothing was going to happen overnight and that these things take time.

Jackson & Foster made this horrible experience of mine a lot easier to navigate. I would definitely use them again and would refer them to anyone looking for somebody that is easy to work with and willing to work for you to make sure the outcome turns out in your favor.”

Thank you!​
Laura A.

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