Car Accident Attorney in Phenix City Al

There is no type of accident that is both more common and more deadly than a car crash. This is, in part, due to the amount of driving we do as a society. Most Americans own a passenger vehicle and use it daily to commute. The statistical risk of being involved in an accident is high.

In Alabama, there are thousands of car accidents reported every year, as well as hundreds of injuries and fatalities. In fact, a crash occurs once every few minutes in our state.

While car accidents may seem inevitable, the truth is they’re not. They are almost always the result of someone’s negligent, careless, or dangerous behavior behind the wheel. When a car accident occurs as a result of negligence, the injured party has the right to bring a claim for damages in order to recover compensation for injuries, lost wages, property damage, and other losses.

At the Bence Law Firm LLC, our Phenix City car accident lawyer knows it can be devastating and that car accident claims can be complicated. When you deserve to be compensated for the harm that you have suffered at the hands of someone else but aren’t sure where to start or have been offered less than you deserve, turn to an experienced personal injury attorney near you.

To find out more about your rights and legal options after a car crash, contact us now for a free consultation. Our office is conveniently located in Phenix City.

How Our Auto Accident Lawyers Can Help You

When you call our seasoned Phenix City car accident attorneys, we will treat you with fairness and respect right from the start. Our dedicated lawyer, David Bence, can provide you with the comprehensive legal services that you require, beginning with a free case consultation.

During your free consultation, you will have an opportunity to learn more about the claims process, how our law firm can assist you, your right to bring a claim, how damages are calculated, and more. This is also an opportunity for you to ask any questions that you have about filing a claim and our legal services.

If we decide to work together, our first step will be opening an independent investigation into the true cause of your crash. The purpose of this investigation is to identify the at-fault party and exactly what happened. We will also collect information about the full extent of your injuries and losses. If a fault is disputed or unclear, we can hire accident reconstruction experts and other professionals to investigate your accident.

Once we determine liability and the value of your damages, our lawyer can issue a demand letter to the insurance party that explains the value of your losses and includes a sum that you’re asking for. When the insurance company responds, we will review any settlement offer and advise you on it. If we believe that a settlement offer is too low, our lawyer can negotiate for a better settlement on your behalf. While rare because most claims are settled out of court in negotiations, if we cannot reach a settlement agreement, filing a lawsuit in Alabama and taking your case to court is possible. David Bence has litigation experience and will be prepared to fight for you.

Proving Fault in Motor Vehicle Accidents

One of the reasons why working with a skilled car accident attorney is such an important part of the claims process is because Alabama maintains strict fault laws. Proving the fault of the responsible party – and the lack of fault on your part – is therefore essential to the outcome of your claim.

Alabama is one of the few states in the nation that continues to use the contributory negligence rule. Most states still allow a plaintiff to recover compensation from a defendant in the event that the defendant was mostly at fault for the plaintiff’s injuries, even if the plaintiff was to blame to some degree. Alabama is different.

The state’s contributory negligence rule holds that a plaintiff is barred from any compensation if they were at all at fault – even 1 percent. If the other side can prove that you were partially to blame for the car accident, you will be barred from filing a claim against the other driver. Trying to pin a percentage of the accident on the claimant in order to prevent a recovery is a common tactic that is used by insurance adjusters and defense attorneys in Alabama car accident trials. Our skilled motor vehicle collision lawyers in Phenix City can provide you with aggressive representation aimed at demonstrating that you were not at all to blame for the crash.

Types of Compensation Available in a Personal Injury Claim

When you choose to work with our diligent car accident lawyer, it is our goal to seek compensation for the full value of your losses. This means that we will base the demand letter and settlement negotiations on the value of your:

Medical bills and future medical bills, including any long-term care costs that you’ve incurred as a result of severe injuries
Lost wages and future lost wages
The value of your noneconomic losses, including pain, suffering, and emotional distress
Property damage losses and vehicle-related expenses

We search for all available sources of recovery and insurance in order to improve your chances of recovering the settlement that you deserve. This includes the car insurance of the other driver, the insurance of any third parties whose negligence may have contributed to your accident and injuries, and your own auto insurance and health insurance.

How Long Do I Have to File a Personal Injury Claim in Alabama?

All car accident claims are governed by a statute of limitations – a time limit on the right to bring a lawsuit. If a plaintiff fails to file their claim within the statute of limitations, they will be permanently barred from recovery. Meeting with an Alabama car accident lawyer as soon as possible after being involved in a car accident is strongly recommended.

In addition to the statute of limitations, there are other reasons to act quickly after a car accident. For example, typically, the sooner that you file your claim, the sooner that your claim will be settled, and you will have the financial award you deserve. More importantly, if you wait too long to bring your case, evidence that is critical to the outcome of your claim may be destroyed, harming your chances of receiving a full recovery.

Features Car Accident FAQs

We understand that the aftermath of a car accident can be extremely challenging to navigate, and that’s why we are here to serve as your legal resource and counsel. Below, we’ve compiled a list of the most common questions our firm gets so you can better understand how the process works and what you need to do to be prepared.

I Just Had a Car Accident, What Should I Do Now?

Car accidents can be life-changing, and they happen in a matter of seconds. What you do afterward can ensure you get appropriate medical care and have what you need to file a lawsuit for fair compensation later on.

Get medical treatment. First and foremost, you need to take care of yourself physically. This means getting checked out immediately after the accident — even if you feel fine. The adrenaline rush during an accident can mask pain, and some injuries can take hours or days to show up.
Follow your doctor’s orders. In some cases, this may include taking time off of work to rest, and in others, it may mean having surgery or going through physical therapy rehabilitation. It’s important to your health — and your legal case — to follow your doctor’s orders, as it shows that you’re taking your injuries seriously.
Report the car accident. It’s likely that someone called 911 at the scene to report the accident to officers, but you’ll also need to report it to your car insurance company. This ensures they can begin the claims process, including investigating the accident and fixing your car if possible. If the crash was the other driver’s fault, your insurance company will work with their insurance company to determine a payout for your vehicle.
Gather any evidence. If you have the presence of mind at the scene, get as much documentation and evidence as possible. Take pictures of the vehicles and the surrounding area. Try to get the names and contact information of witnesses who may be able to testify to what happened. In some situations, the victim’s injuries are too severe to be able to assist in this manner, or they might have been in shock after the accident. In this case, your attorney will work to gather evidence to support your claim.
Get legal help. Most importantly, you should call a car accident attorney as soon as possible after a collision. It’s a common mistake to believe that the insurance companies are on your side or that everyone will be able to automatically see that the other driver was at fault. The truth is that insurance companies will often do anything they can to get out of paying, and that’s why you need dedicated legal representation for your rights and interests.

If you’re not sure what the next step is or have questions about your rights as a victim, contact our law firm to find out more.

How Does the Claim Process Work?

Alabama is an at-fault car insurance state. This means that when an accident occurs, the party who caused the accident is responsible for paying damages to others who were harmed. Because of the state’s strict contributory negligence rules, drivers who share any degree of fault for the crash are barred from recovery.

In order to successfully seek compensation from the at-fault party, an injured victim will need to prove that their injuries would not have occurred but for the fault of the defendant, and that they suffered losses as a result.

How Long Do I Have to File a Claim?

The statute of limitations in Alabama is two years. If you are going to file a car accident lawsuit, the lawsuit must be filed within two years from the date that your car accident occurred or the court will refuse to hear it. Only very narrow exceptions can extend the deadline. These include if the victim was a minor at the time of the crash or is mentally disabled. In these situations, the clock for the statute of limitations generally doesn’t begin until a minor has turned 19 or a mental disability is resolved. These situations can present some unique challenges, so it’s best to discuss the situation with an attorney.

What Types of Compensation Are Available Through a Personal Injury Claim?

Accident victims are entitled to compensation for the losses they sustain as a result of a car accident. These can be financial in nature or noneconomic. Compensation for a car accident generally includes:

Medical bills and future medical bills
Lost wages
The value of your noneconomic losses, such as pain, suffering, and emotional distress
Property damage losses

An attorney can review your damages and help you determine an accurate value. This involves totaling up receipts and statements for bills and expenses, as well as determining an appropriate value for your noneconomic losses.

How Should I Deal With the Insurance Companies?

Dealing with insurance companies is a necessary evil after a car accident, but what you do and don’t do can have an impact on your case. In general, victims should follow these guidelines.

What you can do:

Be honest
Remain professional
Provide basic information

What you shouldn’t do:

Don’t sign anything
Don’t give a recorded statement
Don’t admit fault or say anything that sounds like an admission of fault.

Remember that insurance companies will try to blame you because if they can get you to admit even 1 percent of the fault for the accident, it keeps you from being able to pursue compensation through a lawsuit. Once you hire our firm, our attorneys can speak with the insurance companies directly on your behalf, so you don’t have to be worried about what to say or how it may hurt your case if you say the wrong thing.

Contact a Phenix City Car Accident Attorney Today!

When you call us, our Phenix City car accident lawyer, David Bence, can begin working on your case immediately and make sure all deadlines are met. Contact our firm today for a free legal consultation by calling 334-489-1951.