If you've been involved in an auto accident in Alabama and you've sustained injuries as a result, it's important to know that you have the right to seek compensation from the at-fault party or from their insurer. In legal parlance, this is referred to as damages. This article will explore the process of auto accident injury claims in Alabama, guiding you through the process of calculating the value of your damages.
In a personal injury claim, such as those arising from car accidents, damages refer to the financial compensation you can receive for losses and injuries you sustained. Importantly, these are not just for your immediate medical expenses - damages can cover a range of economic and non-economic losses.
Economic damages are easy to calculate because they are tied to a specific monetary value. They include medical bills, car repairs or replacement, lost wages, future medical treatment and loss of earning capacity.
Non-economic damages are more subjective and difficult to quantify as they comprise the emotional distress and psychological impact the accident has on you. They include pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium or companionship.
No two cases are exactly alike, hence estimation of damages is not a straightforward process. It requires knowledge of Alabama laws, expertise in claims negotiation, and a comprehensive understanding of the long-term impacts of your injuries. This is where Alabama auto accident attorneys like Stephen Thompson come in.
1. Determine Liability
In any personal injury claim, determining liability is the first crucial step. Alabama follows a "Contributory Negligence" rule which means if you are found to be even 1% at fault for the accident, you may not recover any damages. This law underscores the importance of having a knowledgeable auto accident attorney assist you in establishing the other party's fault.
2. Calculating Economic Damages
Collect all relevant documents such as medical bills, mechanic invoices, and pay slips to show loss of earnings. Make a comprehensive record including future economic losses based on medical prognosis and specialist opinions.
3. Estimating Non-Economic Damages
This is the most challenging part because placing a dollar value on suffering or loss of life enjoyment is subjective. Lawyers typically use one of two methods - the Multiplier Method (multiplying the economic damages by a number between 1.5 and 5) or the Per Diem Method (assigning a daily value to pain and suffering and multiplying it by the number of days you’ve endured it).
However, remember that Alabama has a cap on punitive damages (aimed at punishing the wrong-doer) but not on non-economic damages, confirming yet again how vital legal guidance is when filing a claim.
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While the calculation of damages seems like an arduous task, it's significant for receiving fair compensation that reflects the true impact of the accident on your life. Stephen Thompson, a dedicated Alabama personal injury attorney, understands the intricacies of Alabama laws and has the experience needed to negotiate a claim that accurately represents all your losses.
If you're still unsure about the value of your auto accident injury claim or need help navigating your case, be it with insurance claims or court proceedings, consider reaching out to an Alabama auto accident attorney like Stephen Thompson. With his expert legal advice, you can confidently navigate Alabama’s complex legal landscape and stand the best chance to receive the compensation you deserve.
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During your Initial Strategy Session, I will asist you in creating a strategy on how to best pursue your claim, whether it be the result of a Car Accident Claim, 18 Wheeler Injury, or, Alabama Workers' Compensation Claim. At your Initial Strategy Session, you will receive the following:
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