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What Kinds of Compensation Could Someone Pursue After a Car Accident?
A car accident victim can file claims for two primary categories of financial compensation after the accident.
- Economic damages are quantifiable monetary amounts, including out-of-pocket medical bills (present and future), lost wages, transportation costs to medical appointments, vehicle repair, and funeral and burial costs if the victim dies. These can usually be calculated using medical and repair bills, pay stubs showing wages withheld from being away from work, etc.
- Non-economic damages. These can be more difficult to calculate because they’re not based on hard numbers but on the concept of pain and suffering. That can include post-traumatic stress disorder (PTSD), depression, insomnia, anxiety, and loss of consortium (relationships with loved ones), among others.
There’s a third category of compensation that isn’t as commonly used as economic and non-economic damages, and that’s punitive damages. While economic and non-economic damages are calculated based on the victim’s experience, punitive damages are focused on the at-fault driver. When the driver was especially egregious or even intentional in driving in such a way that it harmed the other driver, the court may order punitive damages to act as a deterrent from behaving that way in the future. It’s not enough for the driver to have been careless or negligent. They have to be proven to have intentionally driven in a harmful manner.
How Are Damages Calculated in Alabama?
Every car accident case is unique, and numerous factors may be considered. To understand the possible damages that might be awarded to you, contact an experienced car accident attorney who can review the specifics of your case and help you understand what’s possible. These are just a few of the factors that might play a role in the amount awarded.
- The extent of the injuries and/or property damage
- Future impact of the injuries (lost work, etc.)
- Long-term physical and emotional effects
These will need evidence to back them up. That can come in many forms.
- Medical bills
- Vehicle repair or replacement costs
- Doctor or therapist reports and records
- Expert testimony
- Witness testimony (for example, family or friends who can testify about how the victim has changed physically or emotionally after the accident)
What Is Alabama’s Comparative Negligence Law?
In many accidents, more than one driver has some fault. For example, one driver may have run a red light and hit another driver who was speeding. Both broke the law, so both have some liability for the accident. There are three types of laws that address these cases, and each state in the U.S. uses one of them.
- Pure comparative negligence. This law says that even if the victim is found to be 99% at fault for the accident, they can still receive 1% of any damages awarded to them.
- Modified comparative negligence. This law says that if the victim is about half responsible (the exact percentage is either 50% or 51%, depending on the state), they can’t receive damages. If they’re less than half responsible, they can collect damages awarded to them minus the percentage of liability.
- Contributory negligence. This law says that if the victim is even 1% at fault for the accident, they’re ineligible to receive damages.
Unfortunately, Alabama is one of only four states and the District of Columbia that uses contributory negligence. This makes a car accident claim especially complicated with high stakes for the victim.
What Happens if the Victim Dies in a Car Accident in Alabama?
When someone dies in a car accident caused by someone (or something, such as a defective part in a vehicle), that’s known as wrongful death. In a wrongful death case, the victim obviously can’t file for damages on their own behalf. Instead, the victim’s personal representative can file a wrongful death claim. A personal representative is the executor of the victim’s estate. They’re the only legally viable person in Alabama to file this claim.
The representative can file on behalf of the surviving spouse and children, if any. If there is a spouse but no children, the spouse receives all the wrongful death funds. If there are children but no surviving spouse, the children receive it all and share it among them if there is more than one. If there is both a spouse and children, the spouse receives $50,000 off the top, half of the r
If there are no surviving spouses or children, the victim’s parents are next in line, followed by their siblings.
What Should I Do if I Was Injured in a Car Accident?
Call the Bence Law Firm at 334-489-1951 to talk to an attorney for free. We understand how traumatic it can be to be injured in a car accident. We also understand how complex personal injury law is in Alabama. Our team of experienced, knowledgeable car accident attorneys can review your case and its evidence to help determine what the right approach may be to achieve the best possible outcomes.
Something you should not do: Have any communication with the other driver involved, their insurance representative, or their attorney. Alabama’s contributory negligence laws mean that they’ll be motivated to try to get some of the fault for the accident assigned to you so they don’t have to pay out. If that doesn’t work, they may try to get you to agree to a far lower settlement amount than you might otherwise receive. Don’t respond to any communications; forward them to your attorney.
