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Do You Need a Lawyer After a Car Accident in Mobile, AL? 

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If you were recently involved in a serious car accident, you might hear one recurring piece of advice: “Hire an attorney.” Working with an experienced car accident lawyer is often a good idea, especially if your case is complex. But not every car accident claim requires an attorney’s assistance. 

If you’re asking, “Do I need a lawyer after a car accident?” this guide can help you know when an attorney might be helpful for your case. If you’re still unsure, request a consultation with a car accident attorney in Mobile, AL, to discuss your claim and learn how they can assist you. 

Signs You Need an Attorney After a Car Accident

Hiring legal representation after a car accident may help you manage a complex legal process with greater clarity. If any of the following are true, you might benefit from hiring an attorney to assist with your personal injury claim. 

The Accident Involved Severe Injuries or Fatalities

Serious car accidents, such as ones involving impaired driving, often lead to life-altering injuries and even fatalities. If your accident left you or a loved one with severe injuries, you’re likely facing a large, complicated claim. You might find it difficult to manage a legal claim while recovering from serious injuries. 

An attorney can provide necessary support, guidance, and representation while you focus on recovering from your injuries. They can counter any aggressive tactics from the insurance company and help you navigate a complex injury claim. 

The Insurance Company Is Not Cooperating

Insurance companies may want to balance paying out your claim with protecting their own financial interests. This means they might not offer to pay out what you believe your claim to be worth. Alternatively, they might reject your claim altogether if you do not have enough evidence in their eyes. 

If the insurance company is being uncooperative, an attorney can help you strengthen your claim and resist their tactics. 

You Are Facing Steep Medical Bills and Expenses

Serious car accidents often lead to steep medical bills and other expenses. While your health insurance might cover some of these medical expenses, you will likely be subject to copays and deductibles. You may be eligible for compensation from the at-fault driver for expenses resulting from the accident. 

However, the insurance company might provide you with a payout offer that does not fully cover your expenses. An experienced attorney can help you present evidence showcasing the value of your claim and negotiate a higher offer. If the insurer still fails to provide a sufficient payout, your attorney can discuss litigation with you and detail your other options. 

There Are Disputes Over Liability 

The insurance company usually makes a fault determination based on the evidence it receives from all parties involved in the accident. This determination details who was responsible for the accident and, thus, who is liable for financial damages. 

Alabama follows a contributory negligence rule, stating that if a plaintiff is found to be even 1% responsible for their own injuries, they may be ineligible for a compensation claim. As such, the insurer’s fault determination plays a critical role in your opportunity to secure compensation after the accident through this insurance claims process before a lawsuit is filed.

Your attorney may help you provide evidence to clarify your role in the accident and challenge any incorrect fault assessments. 

Times When You Might Not Need a Lawyer for a Car Accident Claim 

Do you need a lawyer after a car accident? There are a few instances in which an attorney may not be necessary: 

  • Your accident did not involve injuries: If no one was injured in your accident, your insurance claim may be relatively straightforward, and you may not need an attorney to help you navigate the process.
  • The insurance company is cooperating: If the insurance company has offered you sufficient funds to account for your monetary losses after the accident, you might not need an attorney. However, a car accident lawyer can help you understand what types of compensation may be available to you and avoid accepting an insufficient offer. 
  • The damage was minor: If the damage to your vehicle was relatively minor, you might not need an attorney to assist with settlement negotiations or provide other legal guidance. 

If you are ever unsure whether you need an attorney, consider scheduling a free consultation with one. They can explain more about their services and guide you in the right direction. 

How Can a Car Accident Attorney Assist You? 

If you are wondering whether you need a lawyer after a car accident, understanding the types of assistance an attorney can provide might aid your decision. These are a few of the ways a car accident attorney can assist: 

  • Gather evidence to support your claim: Your attorney can explore several avenues for collecting evidence to help you strengthen your accident claim. 
  • Speak with other parties on your behalf: They can speak with the insurance company, the negligent party, and other parties to help you avoid making a mistake during communications that could negatively affect your case. 
  • Explain complex liability laws: Attorneys understand Alabama’s liability laws, contributory negligence doctrine, and all other relevant statutes and may help you apply these laws to your case. 
  • Avoid mistakes that could compromise your case: With an attorney providing legal advice and guidance, you can avoid mistakes that might negatively impact your car accident case. 
  • Represent you in court: In the event that your car accident lawsuit proceeds to trial, your attorney will represent you in court. 

Schedule a Consultation With Jackson & Foster Law

Jackson & Foster Law provides legal guidance and support to accident victims across Mobile, AL. If you are wondering whether you need a lawyer after a car accident, our attorneys can provide an initial consultation to discuss the details of your case and explore how we can assist you. We also may be able to advise you on whether hiring an attorney might not be necessary. 

Contact us today at 251-433-6699 to schedule your free consultation, then learn more about car accident settlements and how they work for accident cases. 

Special vs. General Damages in Personal Injury Cases

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If you’ve had an accident, you might expect the at-fault party to simply cut you a check for your damages. However, it’s a bit more complicated than that. Depending on your case, your settlement might include general damages, special damages, or a mix of both. You may also be able to seek punitive damages.

Below, Mobile’s experienced personal injury lawyer explains special vs. general damages in personal injury cases.

Special Damages

Despite their name, special damages are not really “special.” They are so named because your lawyer must prove them with specificity.

Special damages are out-of-pocket expenses determined by your financial losses. They’re intended to fully compensate you for losses caused by the at-fault party’s actions.

Special damages are different for every personal injury case. Here are a few types of special damages that your settlement might cover.

Medical Bills

Many personal injury settlements include damages for medical expenses. Depending on the type of accident you’ve had, those expenses could be astronomical. Hospitalization after a car accident, for instance, can easily total well over $1 million if you require surgery and an extended stay.

Your settlement might include compensation for:

  • Emergency care
  • Surgery
  • Doctor’s appointments
  • Medication
  • Medical equipment

Additionally, your settlement might pay for anticipated future medical expenses, such as ongoing care for a permanent disability.

Lost Wages

If your accident left you so injured that you can’t work, your settlement will probably include compensation for lost wages. Your settlement may also cover loss of earning potential if you’re permanently unable to work or must take a lower-paying role.

Property Damage

Property damage doesn’t apply to every personal injury case. It’s a given for car accidents, but other types, such as slip-and-fall accidents, may not involve any property damages.

If your property was damaged in an accident, your settlement should cover the cost to repair it or replace it with an item of equal value.

Cost of Hiring Someone To Help at Home

If you’ve had to hire someone to care for your children or handle chores at home, you may be able to recover damages for those expenses.

General Damages

General damages are also commonly referred to as non-economic damages. 

In some cases, your lawyer might use the per diem method instead of a multiplier to calculate your general damages. With this method, your lawyer will calculate damages from the date of your accident to the time you reach maximum medical improvement (MMI) or throughout your life if your injury is permanent. 

Let’s go over a few types of general damages below.

Pain and Suffering

Pain and suffering refers to the physical pain caused by your injuries. The longer your doctors expect the pain to last, the more compensation you may seek.

Emotional Distress

Emotional distress includes:

  • Anxiety
  • Depression
  • Humiliation and embarrassment
  • Post-traumatic stress disorder (PTSD)
  • Personality changes
  • Mood swings

Emotional distress can sound a bit vague, so here are some examples:

  • Marco has become terrified of cars after his accident. His anxiety is so bad that he cannot drive anymore.
  • Sasha is severely depressed after an accident left her disabled. Her depression prevents her from caring for her children, working, and doing the things she once loved.
  • Alex’s accident has left him jumpy and fearful. Whenever he hears a loud noise, he’s overwhelmed by flashbacks that force him to experience the accident all over again.

Loss of Consortium

Loss of consortium focuses on physical changes that have negatively affected a relationship. For instance, if your spouse can no longer provide you with physical affection after an accident, you could sue for loss of consortium.

Lowered Quality of Life

You can seek compensation for lowered quality of life if an accident left you unable to do the things you were once able to. You could recover damages in situations like these:

  • Your accident put you in a wheelchair, making it very difficult for you to move around your home.
  • You’ve become partially paralyzed and can no longer play your favorite sport.
  • You’re in so much pain that you struggle to climb out of bed every morning.

Disfigurement and Scarring

If your accident caused disfigurement or scarring on any part of your body, you can sue for those damages.

Punitive Damages

Now that we’ve discussed special vs. general damages, let’s talk about punitive damages. These damages aren’t intended to compensate you for any losses. Rather, they’re meant as a punishment for the defendant.

Here are a few cases where a judge would probably award punitive damages:

  • Nick is furious because Katie cut him off on the freeway. In retaliation, he rams her car, sending it flying into the path of a semi-truck.
  • Rebecca sees someone she doesn’t like at work. She trips the person, causing her to fall down the stairs and break her neck.

Learn More About Potential Damages for Your Case

Damages are unique to each case. If you need help proving pain and suffering or want to learn about damages you can recover for your accident, reach out to Jackson & Foster Law. We can help you seek compensation for car accidents, slip-and-fall accidents, medical malpractice, and more.

For a free consultation regarding special vs. general damages, call (251) 433-6699.