Frequently Asked Car Wreck Questions
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More than 44,000 people were injured in motor vehicle crashes in Alabama in 2005, causing physical and emotional hardship. More than 1,100 people died in fatal car wrecks, leaving a sudden void and perhaps financial difficulties for family members.
Some victims and families were denied rightful benefits, or are still fighting insurance companies. Contact Gulas & Stuckey, P.C. of Birmingham to ensure that you receive proper compensation in a timely fashion. We represent auto accident clients throughout central Alabama and statewide in personal injury and wrongful death claims.
Our firm is dedicated to making Alabama's roads safer and ensuring that anyone injured in a car accident obtains full recovery for their losses. The Alabama auto accident FAQ presented here is meant to empower visitors and inform them of their rights in the event of an accident. This Web site is not intended as a substitute for legal representation by a qualified auto accident lawyer who can address the specific issues of your case.
Auto Accident FAQ
Do I need a lawyer to file a personal injury claim?
You are not required to hire an attorney, but it is usually in your best interests, especially if liability is not clear-cut. People who handle their own personal injury claims usually get the lowest settlement from insurance companies. Your attorney should be a skilled negotiator who conducts a professional investigation to effectively challenge a lowball insurance offer. If you file a lawsuit for damages, you will need an attorney to represent you.
What if I can't afford an attorney?
Most auto accident lawyers will take your case on a contingency fee. This means that their attorneys' fees are paid out of the settlement or verdict. You will not have to pay up front for the time the lawyer spends on your case. You may be required to pay court fees and expenses. Some attorneys take a flat percentage of your compensation, and others will negotiate fees. Always discuss fees and costs before signing a contract with an attorney.
How much can I collect? Is there a limit?
Whether you settle with the insurance company or are awarded damages by a jury in a lawsuit, the value of your claim varies. If you soon recover from your injuries, you may be limited to actual damages — medical bills and lost wages. If injuries result in a life-changing, permanent disability, you may collect for future medical care and lost future earnings, as well as non-economic damages: pain and suffering, loss of enjoyment of life, and loss of society or consortium with your family.
How long will it take?
This also varies with your particular circumstances. You may be able to settle with the insurance company in a matter of weeks, or it can take months or more than a year. Generally, you should not settle until you have reached "maximum medical recovery" (as close to your original health as you are going to get). A personal injury lawsuit usually takes longer than negotiating a settlement.
Can I get compensated for whiplash or soft tissue damages?
Yes. The insurance company (or a jury) will require medical proof of these internal injuries. If you experience neck or back pain, numbness, loss of range of motion, or pain in your joints after an accident, you should see a doctor immediately. A physician can verify your injury through a variety of diagnostics (X-rays or MRI, physical ability tests). It is important to document your recovery: ("I returned to work in Week 4, but am still taking medication for the pain." "After seven weeks, I still cannot lift my two-year old.")
Who pays for my injuries and losses?
Personal injury compensation is usually paid by the other party's auto insurance, if you can demonstrate their liability (fault) for the accident. Damages you can collect are limited to the amount of insurance coverage in their policy. A good attorney is familiar with insurance laws and issues, and will explore all sources of coverage, including third parties (a bar that served a drunk driver, a manufacturer of a defective air bag) who share liability. If the insurance company will not settle for a reasonable amount, you may have to file a lawsuit against the negligent party and their insurer. Ask your attorney about trial experience — some personal injury attorneys only settle cases, and refer cases out for litigation.
What if the other driver is not insured?
All drivers in Alabama are required by law to carry liability insurance to cover bodily harm or death to another in an accident. There are two potential problems: (a) the driver is illegally driving without insurance, or (b) they carry only the minimum coverage and your losses exceed that amount.
Most auto insurance policies include Uninsured Motorist/Underinsured Motorist (UM/UIM) coverage. After exhausting the limits of the other driver's policy, you can collect against the UM/UIM limits on your own insurance. It may be necessary to take your insurance company to court if they are not willing to pay on the claim.
What if I was at fault? Can I collect any damages?
Alabama is a contributory negligence state, which may place a severe burden on the injured person. Under a strict reading of the law, you cannot recover damages if you are found to be even 1 percent at fault! As a practical matter, however, you may be able to collect if you share some of the blame but the other driver was predominantly at fault. For instance, if you were speeding but the other driver was drunk and ran a stoplight, you would likely collect. DO NOT DISCUSS fault with an insurance agent or anyone other than your attorney.
Contact Gulas & Stuckey, P.C. for a free case evaluation to discuss any of the issues raised above, or other questions regarding a car wreck in Alabama. We promptly investigate and aggressively pursue the full compensation you need and deserve.
