Can You Still Get Compensation If You Were Partly to Blame for Your Injuries?
Alabama follows a strict contributory fault rule, which holds that an accident victim cannot recover compensation at trial if they are in any way to blame for their injuries. This means that if a court finds you are even 1 percent at fault for your injuries, it will bar you from receiving any compensation at all.
However, there are certain exceptions to the harsh contributory fault rule. For example, the “last clear chance” doctrine holds that an injured party can still recover compensation from a defendant who was the only person who could have stopped an accident from happening but failed to do so. Imagine a pedestrian crossing a street outside of a designated crosswalk when they are hit by a car whose driver is not paying attention to the road. This pedestrian may have been negligent, but the driver had sufficient time to see the pedestrian in the roadway and apply the brakes. In this case, the injured pedestrian might still be able to recover compensation from the driver who hit them.
Contributory negligence is also generally no defense to wanton conduct. If the at-fault party acted with reckless or conscious disregard for the safety of others, your own carelessness may not bar the claim the way it otherwise would.
Because these exceptions turn on the specific facts, they are worth raising early rather than after an adjuster has already told you your claim is worthless.
How Soon Should You Start a Personal Injury Claim?
The sooner you contact a lawyer, the better. Crucial evidence can disappear or go missing within days of an accident, so your attorney needs to retrieve as much as possible before it is gone forever. The process of building a strong case, filing insurance claims, and negotiating with adjusters also takes time. The best time to call an attorney is now.
How Long Do I Have in Alabama to File a Personal Injury Lawsuit?
Alabama law holds that most personal injury lawsuits must be filed within two years of the date of injury under Alabama Code § 6-2-38(l). If you miss this deadline, you could be barred from receiving compensation.
Some claims run on a much shorter clock. If a city was involved, whether through a city vehicle, a city employee, or a poorly maintained public road, Alabama Code § 11-47-23 requires the claim to be presented to the municipality within six months, and Alabama Code § 11-47-192 requires it to be a sworn statement filed with the city clerk. Counties have their own presentment requirements. Don’t assume you have two years without checking which rule applies to your situation.
Don’t put your rights in jeopardy. Get in touch with Collins Law right away.
How Long Does a Typical Personal Injury Case Last?
How long a given personal injury case takes depends on a number of factors, including:
- How many people are involved
- How clearly the defendant or defendants are at fault
- How willing they or their insurers are to negotiate
- How long your medical treatment takes, since a claim usually isn’t ready to value until your doctors know how far you’ll recover
- Whether the case ultimately goes to court
On the short end, a personal injury case might take a few months to be resolved. On the longer side, it might take several years. Regardless, it’s important to remain patient and trust your lawyer to seek the best resolution under the circumstances.
What Are Common Personal Injury Cases?
At Collins Law, we are prepared to handle a wide range of personal injury claims, including those that involve the following:
What Types of Injuries Happen Due to Personal Injury Accidents?
Personal injury accidents can result in a wide range of severe injuries, including the following:
- Traumatic Brain Injuries (TBI): Trauma to the head can result in TBIs, such as concussions, diffuse axonal injuries, and brain hemorrhages, which can lead to cognitive and behavioral changes.
- Broken Bones: Fractures are most common in the arms, legs, ribs, and hips. When severe, they may require surgery to correct.
- Spinal Cord Injuries: Damage to the spinal cord or the nerves of the spinal canal can cause permanent changes in strength, sensation, and other body functions below the site of the injury.
- Burns: Contact with extreme heat or caustic chemicals can damage the skin and underlying tissues. Severe burns may require skin grafts and result in permanent scarring and disfigurement.
- Soft Tissue Injuries: Injuries to muscles, tendons, and ligaments might manifest as sprains, strains, or tears.
- Cuts and Lacerations: Severe cuts might require surgical intervention to repair and can be at risk of infection and other complications.
- Internal Injuries: Blunt force or penetrating trauma can lead to internal bleeding, organ damage, or other injuries to internal body parts.
- Emotional Distress: The emotional trauma caused by being in an accident can result in psychological injuries like anxiety, depression, and post-traumatic stress disorder (PTSD).
What’s a Settlement?
Put simply, a settlement is a legal agreement between the parties that ends a lawsuit. However, the details of any particular personal injury settlement can be more complex. Our guide to what the average personal injury settlement looks like goes further into how these numbers come together.
For a personal injury plaintiff (the person who files the lawsuit), the goal in a settlement is to get the highest amount of recovery possible. However, the defendant (the person who caused the injury) obviously wants to avoid paying any money. Because the two sides often begin with quite different expectations, they will have to enter into negotiations before settling.
The Settlement Process
The path to a personal injury settlement begins when one party makes an offer to settle. Usually, the defendant or the defendant’s insurance company will start the negotiations by making the first settlement offer. (Sometimes, they even make an offer before a lawsuit is filed.) The plaintiff can also start the process by sending a demand letter. A demand letter is a formal document that outlines the facts about the accident and your injuries and then asks for payment.
The negotiation process will continue until the parties reach an agreement. How long that takes varies a great deal. Some claims resolve in a matter of weeks, and others run for years, driven mostly by how long your treatment takes, how strongly fault is disputed, and whether a lawsuit gets filed.
Once you accept a settlement offer, you will have to sign official paperwork. This paperwork will release all your claims against the defendant. (You will probably also sign documents agreeing to dismiss your case.) You may receive a check on the day that you sign, but if the check is mailed, you may get it a few days or weeks after signing.
How Much Are Alabama Personal Injury Settlements Worth?
Several factors determine the value of Alabama personal injury settlements. The primary factor is the severity of your physical injuries. In general, injuries that are permanent receive higher settlements than those that are merely temporary. Injuries that affect a person’s ability to earn income tend to be more valuable than those that do not. Beyond physical injuries, economic losses, property damage, pain and suffering, and many other considerations can shape the value of a settlement.
The quality of the evidence you use to prove your damages will also shape your settlement. In general, if you have credible witnesses, detailed medical records, and proof that you did not worsen your injuries, you may have the makings of a solid settlement. However, if your witnesses or medical records are in conflict, you may not receive as much compensation.
Contact a Birmingham Personal Injury Attorney Today
Have you or a loved one been hurt in an accident in Birmingham? If someone else is to blame, that person could owe you compensation for your medical bills, property damage, lost wages, and pain and suffering. Let Attorney Collins, an experienced and compassionate personal injury lawyer, help you pursue it.
Contact Collins Law today for a free consultation, and let us empower you to get the compensation you need to take back your life.
