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FREQENTLY ASKED QUESTIONS

  • Birth injuries
  • Amputations
  • Spinal cord injuries
  • Loss of hearing or sight
  • Eye injuries
  • Facial injuries
  • Nerve damage
  • Paralysis
  • Brain injuries
  • Neurological damage
  • Crush injuries

Most personal injury cases in Alabama have a statute of limitations of two years. That means in the majority of cases, accident victims have only two years to file their lawsuit.

  • Seeking medical treatment for your injuries is the most important thing after an accident.
  • If the accident was a motor vehicle crash, Alabama law requires that you stop at the scene. Failing to do so is against the law.
  • If the accident happened on the road, always stop and pull over, call the police to report the accident, exchange contact information with all parties involved, and help anyone that’s hurt as best you can.
  • No matter where the accident happened, it’s important to take pictures of the scene of the accident.
  • It’s important you report the accident to the insurance company within 24 hours if possible.
  • You should never speak to someone else’s insurance company without an attorney. They will often try to take a recorded statement or get you to sign a release for your medical documents.
  • Most importantly, you should speak to a personal injury attorney in Phenix City to ensure your rights are protected.
  • That the defendant owed a duty of care to the plaintiff, the injured party. The defendant breached that duty.
  • The breach of duty caused the plaintiff’s injuries.
  • The plaintiff suffered losses due to the defendant’s breach.
  • Medical costs including emergency care, home health care costs, physical therapy, treatment supplies such as crutches, and medication
    Pain and suffering
  • Emotional distress
  • Loss of enjoyment of life
  • Loss of consortium including loss of affection, companionship, sexual relations, comfort
  • Lost wages including tips, bonuses, and retirement contributions
  • Lost earning capacity, if you cannot perform the same type of work after the accident
  • Replacement services, such as a housekeeper if you are unable to perform these tasks
  • Property damage
  • Get medical care.
  • Follow your doctor’s orders.
  • Report the car accident.
  • Gather any evidence.
  • Get legal help. Most importantly, you should call a car accident attorney as soon as possible after a collision.

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.

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.

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

What you can do:

  • Be honest.
  • Remaining professional can go a long way.
  • Provide basic information.

What you shouldn’t do:

  • Don’t sign anything.
  • Don’t give a recorded statement.
  • They will try to blame you. Don’t admit fault or say anything that sounds like an admission of fault.

What should I do if…

If someone else hurt me in a car wreck?

Motor vehicle crashes happen quickly, and when they do, the shock can cause confusion and anxiety. Print this checklist and attach it to your insurance card and/or car registration so you will have the necessary steps to take if an accident occurs:

1

Stop Your Vehicle

Unless it is unsafe to you or others, do not move your vehicle. The police will conduct an investigation and will need to diagram the collision scene detailing what happened including where and how the vehicles ended up.

2

Notify the police

regardless of whether anyone reports they are hurt. Make sure you inform the police of all events; report injuries, and any foul play such as drinking, drugs and/or texting.

3

Do not apologize

Apologizing can be used as an admission of guilt. Save the apologies for a later date if needed. Do not apologize at the scene

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4

Collect Information from drivers, passengers, pedestrians and witnesses:

Unless it is unsafe to you or others, do not move your vehicle. The police will conduct an investigation and will need to diagram the collision scene detailing what happened including where and how the vehicles ended up.

5

Take photographs of vehicles, streets, skid marks, traffic control signs

Nowadays, everyone has a Smart Phone- use it!! Also with your phone, secretly video record the aftermath of the collision. The more evidence you have to show the scene, how others acted and behaved, and what was said: the better.

6

Seek medical attention

It is common for injuries to manifest days after a collision, long after the adrenaline has stopped and the soreness starts. Get treated early as a precautionary measure..

7

Take notes about the how collision occurred

 

8

Contact your Insurance agent and report the collision.

 

9

Call Bence Law Firm at (256) 361-1323, or email David at david@bencelawfirm.com

 

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