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How Personal Injury Lawsuits Work in Alabama

Our law firm fights on the side of injured accident victims

It’s a lot to ask of someone who was just injured in an accident to go toe-to-toe with veteran insurance adjusters and their lawyers. The stakes are high. These negotiations determine whether you have enough money to make up for lost wages and afford proper care.

To up the ante, Alabama uses the contributory negligence standard. This means personal injury claims are all-or-nothing: if the insurance company can prove that your actions contributed even slightly to the accident, you can’t recover.

With so much on the line, you can’t afford to take chances. You need Dean Waite & Associates, LLC. Our Alabama personal injury lawyers will aggressively protect your rights and demand full compensation.

Injured people often have a lot of questions. The following is basic information about Alabama personal injury claims. It is important to note that this information is general and may not apply to your specific case. For legal advice on your individual situation, give our Mobile-based law firm a call or contact us online for a free case review.

What is a personal injury lawsuit?

Actions can be taken by filing an insurance claim or lawsuit. Typically, your personal injury attorney will file a claim on your behalf. If the insurance adjuster won’t negotiate in good faith, your lawyer files a civil lawsuit.

Common personal injury claims include:

  • Premises liability (property hazards)
  • Defective products
  • Dog bites
  • Swimming injuries
  • Slip and falls

Personal injury accidents frequently occur at locations like restaurants, grocery stores, shops and markets, office buildings, event venues, uneven or cluttered walkways, parking lots, as well as construction sites and work zones.

If you were injured or lost a loved one in a bad Alabama accident, contact our law firm for a free case evaluation. At no cost to you, a member of our team will explain how the law applies to your case, the value of your claim, and help you weigh your options.

What is the personal injury claim process like in Alabama?

It’s complex. Winning takes a lot of evidence and work. Our Alabama personal injury attorneys take the following steps to get the outcome our clients deserve:

  • Investigate the accident.
  • Collect evidence.
  • File legal documents before the statute of limitations expires.
  • Fend off insurance adjusters and lowball settlement offers.
  • Coordinate with witnesses and gatekeepers reluctant to release information.
  • Calculate the true cost of your injuries and other losses.
  • Consult experts.
  • Enter high-stakes negotiations.
  • If necessary, file a lawsuit.

Whether we’re filing a claim or a lawsuit on your behalf, our firm will work hard for you. Our personal injury attorneys have deep knowledge of U.S. and Alabama law and insurance standards. We use aggressive negotiation tactics to cut through obstacles and get the job done.

How do you win a personal injury case?

There are typically four parts to proving a personal injury claim. It must be established that:

  1. Another person owed you a duty of care.
  2. The duty of care was breached; that is, the other person’s action or inaction caused a dangerous situation.
  3. Your injury was caused by this negligent action or inaction.
  4. You have incurred damages due to the injury.

In other words, you need to prove liability; that is, legal responsibility for an injury, and damages; that is, real financial losses that you have sustained because of that injury.

Who pays for my medical expenses?

In cases of premises liability, usually the property owner’s insurance company or the owner will pay your accident-related medical bills. When it’s a dog bite, the dog’s owner likely owes you money. In defective product cases, it may be the manufacturer, developer, researcher, seller, or another entity that is liable for your damage. Whoever is at fault, our attorneys will find them and take action.

How is personal injury damage calculated?

There are many factors that go into figuring out the size of your compensation package. Things that could influence your settlement include fault, your personal insurance, your earnings, earning potential, heal time, and whether the injuries are permanent.

Typically, the more severe your injuries, or significant the loss, the higher the compensation. Injuries that frequently demand large settlements include:

  • Traumatic Brain Injuries (TBIs)
  • Spinal Cord Injuries (SCIs)
  • Wrongful death
  • Amputation
  • Paralysis
  • Lost or decreased physical or mental capabilities

In rare situations, a judge may award punitive damages as well. This money is intended to punish the at-fault party for egregious negligence.

What if I want more money than the settlement offered by the insurance company?

That’s smart. If you want more than what the insurance company is offering, contact Dean Waite & Associates.

Insurance companies – even your own – don’t open with their best offer. And they are unlikely to negotiate unless you have a lawyer by your side.

Your accident-related damages may include:

  • Medical expenses
  • Follow-up therapies
  • Lost wages
  • Diminished earning potential
  • Loss of enjoyment
  • Disfigurement
  • Loss of companionship
  • Disability equipment and home modifications

Our Alabama personal injury lawyers negotiate aggressively to get you all the money you deserve. If the insurance companies won’t make you a substantial offer, we are ready to file an injury lawsuit and take them to court.

If I accepted a settlement but it turns out I need more money, can I go back and renegotiate?

99.9 percent of the time, the answer is no. You’ve got one shot at this. After you accept a settlement offer, you cannot go back later for more money.

That is why it is important to hire an attorney who has a deep knowledge of what kinds of damages you deserve and how much accident recovery really costs over a lifetime. Our Alabama personal injury lawyers have a history of getting the compensation our clients deserve.

Do I need to hire an Alabama lawyer?

While you are not required to, it’s a good idea to have an attorney with a track record of positive case results handle your claim. Studies show that, on average, people who hire personal injury lawyers are awarded settlements several times greater than those who don’t. Even if you’re not sure if you want a lawyer to fight for you, at the very least, you should have a free consultation with one of our personal injury attorneys before talking with an insurance adjuster.

Can I afford a good Alabama personal injury lawyer?

Yes. The personal injury attorneys at Dean Waite & Associates represent injured people on contingency. This means that our fee is a percentage of the final settlement or verdict. If we don’t get you any money, we don’t get paid. This is one reason our law firm is highly motivated to get you maximum compensation.

We put your needs first

If you were injured in an Alabama accident that wasn’t your fault, contact Dean Waite & Associates right away to schedule a free case evaluation. We can answer your questions and explain your options. Do not try to take on the insurance company and their lawyers by yourself. Don’t hesitate, call Dean Waite today.