Personal Injury Cases in Alabama
Accidents happen in an instant. Two cars collide at an intersection, or someone slips on a spill in a grocery store. Sometimes these accidents are very serious and victims are left with catastrophic injuries. These injuries are extremely painful and result in expensive medical bills. Many injured victims are unable to work and earn an income while they recover.
When the accident was someone else’s fault, victims can seek compensation through a personal injury claim to pay medical bills, lost wages, and more. The process of filing a personal injury claim is often long and complex. Insurance issues will arise, and the accident victim must prove someone else was to blame for the accident.
Our Phenix City personal injury lawyer is ready to help injured people take the right steps with their claim to give them the best chance of receiving the full amount of compensation they’re entitled to.
Contact the Bence Law Firm LLC now for a free consultation about your personal injury claim
What Do You Have to Prove in a Personal Injury Claim?
Personal injury claims in Alabama hinge on the legal concept of negligence. Negligence is the failure to take proper care in order to keep other people safe. When a person is negligent and causes an accident that injures another person, the injured party can file a personal injury claim against them to seek compensation.
In order to be successful, the injured party must prove:
- 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.
Proving negligence is one of the most difficult aspects of any personal injury claim. Due to the fact that accidents happen so suddenly, accident victims often aren’t even sure of how it happened. They may know someone else was at fault, but they don’t know how to prove it. To add to the complexities, the defendant may also try to blame the plaintiff partially for the accident. In Alabama, if the accident victim is even 1 percent to blame for the accident, they are barred from receiving compensation.
Common Types of Personal Injury Cases We Handle
Some types of personal injury cases that are more common than others. Examples include:
Types of Damages You Could Recover in a Personal Injury Claim
The types of compensation available in a personal injury claim are known as damages. There are many different types of damages you could recover in a personal injury claim. Some of the most common are:
- 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
These are known as compensatory damages. They are meant to restore the accident victim to the life they had before the accident as best as possible. In certain rare cases, Alabama courts may also award punitive damages. In order to receive this type of compensation, you must show that the defendant acted with extreme carelessness or negligence. Punitive damages are not meant to compensate the accident victim. Instead, they are meant to punish the defendant and deter them and others from behaving in the same manner in the future.