Birmingham Car Accident Lawyer
When a person is involved in a car accident, it is understandable to be confused. On top of seeking medical treatment for any injuries, there is an avalanche of paperwork that follows.
Between completing an accident report with the police department, to filling out forms so that you can medical treatment, to talking with the at-fault party’s insurance company, people can be overwhelmed. Our firm’s Birmingham car accident lawyers are here to help.
Our experienced injury attorneys can guide you every step of the way and deal with the insurance companies so that you don’t have to. All throughout the process, we work to keep your best interests at heart and to get you the fair compensation that you deserve.
Car Accident Law in Alabama
Most car wreck cases are pursued under the legal theory of negligence. Simply put, negligence happens when a person has a duty to protect another, but, through action or inaction, causes harm to occur.
Specifically, there are five criteria, or elements, that must be met by a Birmingham car accident attorney for a successful negligence claim:
- Duty – Duty is created when a person has a responsibility to protect other people. Whenever a person drives a car, they assume a duty to protect other drivers, passengers, and pedestrians.
- Breach – To bring a negligence claim forward, a driver’s duty must be broken. This is known as a breach of duty. This can be done by either taking an action to make others less safe or in failing to take an action to prevent harm. Examples common in car accident cases include speeding or failing to come to a stop at a red light.
- Cause – The plaintiff must demonstrate that their injuries were caused by the defendant’s breach of duty. One common tactic for insurance companies is to attempt to attribute a plaintiff’s injuries to a pre-existing condition.
- Scope – The plaintiff must show that their injuries were foreseeable in the present situation. Car accidents can often result in serious injuries, so this is not often in dispute in car accident cases.
- Damages – Lastly, the plaintiff must have suffered actual physical injury due to the accident.
Personal Injury Statute of Limitations
One other aspect of car wreck law to keep in mind is the statute of limitations. The statute of limitations can be seen as a time limit for a plaintiff to come forward.
Alabama Code Title 6-2-38 states that a complaint alleging personal injury must be filed within two years of the accident. While this can seem like a long time, medical treatment and negotiations with insurance companies can often stretch for months or even years.
How a Birmingham Auto Accident Attorney Can Help
If you have been involved in a car crash, your focus should be on your recovery. Unfortunately, the amount of paperwork that follows an accident can be time-consuming and confusing.
In addition, the at-fault driver’s insurance company can be very aggressive in getting you to sign a quick settlement offer.
Our firm’s Birmingham car accident lawyers fight to get you the fair compensation that you deserve due to another person’s negligence.
We complete the paperwork with you to form a body of evidence to present a strong negotiating position with the insurance company.
If those negotiations fail to produce a fair settlement, our litigators work with you to prepare for trial. The statute of limitations to file a case in court is two years. Time is of the essence; contact the auto accident attorneys with our firm today.
