Talladega Car Accident Lawyer
Whether you or a loved one have been in a minor or a serious car accident, you may have a claim for medical and other expenses that resulted from the accident. In order to ensure that you receive fair compensation, it is recommended to contact an experienced Talladega car accident lawyer. Hare, Wynn, Newell & Newton specializes in cases involving car accidents and will provide you with a consultation at no charge to assess eligibility for compensation. Simply contact us at (855)-965-1688 for an expert evaluation.
Our Talladega injury firm has helped thousands of clients recover an average of 3x more than what they would have gotten without the assistance of our attorneys. This could make a significant impact on the lives of an injured victim. With over a century of vast experience handling auto accidents in the state of Alabama and all over the U.S, our firm’s main focus is to ensure every single client gets the compensation they deserve. Whether it’s a small fender bender or a multimillion-dollar trial case, we will fight for your rights and defend you in court if necessary.
Common Causes Of Car Accidents In Talladega
A car accident occurs when a vehicle collides with another vehicle, object, animal or person. Although it is called an accident, in most cases, someone can be held responsible for colliding with another vehicle. There are many reasons why car accidents happen and some of the most common causes include:
Distracted Driving
Distracted driving has gained much more attention in the last few years due to the introduction of mobile phones that cause distractions while driving. However, texting or talking on the phone while driving are not the only distractions that can result in an accident. Grooming, fiddling with the radio, eating or simply reaching for an object can distract a driver from keeping their focus on the road and their hands on the steering wheel increasing the risk of a car accident.
Drunk Driving Or Driving While Intoxicated
Driving under the influence of alcohol, drugs or any other controlled substance is a crime and increases the likelihood of a car accident. A driver who has caused an accident while intoxicated should be held liable for personal injury claims.
Reckless Driving And Speeding
Any driver who is not adhering to the Driver’s Code of Rules is considered to be driving recklessly and putting themselves as well as the general public at risk of harm. Speeding is one of the most common acts of reckless driving as are not keeping a safe following distance, running a red light or stop sign, making an illegal turn, etc.
Medical Conditions
Although it is a much more rare occurrence, a driver who has a sudden onset of a medical condition may result in them losing control of their vehicle. Most commonly, this happens as a result of a stroke, heart attack or seizure and is referred to as emergency medical conditions.
The first step in an assessment of a personal injury is an investigation as to what caused the accident and who was at fault. This investigation will look at the accident scene and factors such as weather and road conditions, traffic signs and signals, obstacles in the road and any other environmental factors that could have contributed to the accident. The vehicles involved in the accident will also need to be investigated for any defects that could have caused the accident.
If a defective part in the car caused the accident, then it is possible to sue the vehicle manufacturer for compensation. If environmental factors played a role, then it is possible that the state or government can be held liable. However, it is important to be aware that claiming from the government can be a complicated matter and that it is not recommended to do so without the assistance of a skilled and experienced Talladega car accident lawyer.
Common Injuries Resulting From Car Accidents In Alabama
Car accidents are a common occurrence in Talladega, Alabama and more often than not result in injuries and in some cases, can be fatal. The more severe the injury, the greater the physical, financial, personal and professional loss will be and therefore the greater the value of your claim. The following injuries are common after a car accident in Alabama:
- Broken bones
- Wounds and burns
- Spinal and internal injuries/internal bleeding
- Traumatic brain injuries
Your medical records from when you are first medically evaluated after the injury to the current date are extremely important in determining the extent and severity of your injuries. While your Talladega car accident lawyer will work with your medical providers in order to make this evaluation, it is critical to keep every document, receipt, invoice, bill, and other information in order to support your case.
Car Accident Damages That You Can Claim For In Talladega, AL
There are a variety of different damages that you can claim that are largely dependent on the type of injuries that were sustained as well as the extent and severity of the injuries. The following damages may form part of your claim for compensation:
Medical Expenses For Injuries Sustained From The Car Accident
Due to the fact that injuries are so common in car accidents, medical expenses are the most common claim that is made for compensation in Alabama. These damages cover all medical costs including ambulance, hospitalization, surgery, medication, specialist doctor visits and a whole range of different treatments and medical procedures. These medical expenses can quickly accumulate and become quite costly. All future medical costs related to the injuries sustained in the accident until a full recovery is made can also be claimed for.
Loss Of Income
Whether you have lost only a few hours of work or had to take an extended leave of absence to recover from your injuries, a car accident can seriously impact your income or wages. In severe cases, an injured party may never be able to resume work or be fired as a result of time off. You can sue for lost wages or income that were a direct result of your injuries or affected your ability to work and earn a gainful income in the future.
Wrongful Death Suits
Families often suffer as a result of the loss of life after a car accident. Dependents or families can sue for compensation due to loss in a wrongful death lawsuit.
Loss Of Companionship (consortium)
Loss of companionship due to a fatality in a car accident can also legally be claimed for. You can also sue for damages related to the loss of a relationship that resulted from the accident or injuries that were sustained. For example, if a significant relationship ends due to physical disability or changes in personality, you can sue for damages.
Pain And Suffering
A car accident can have a severe psychological impact and it is possible to sue for damages for pain and suffering that are related to the injuries sustained from the accident. However, it is far more difficult to determine the monetary value of pain and suffering as well as damages for loss of companionship and wrongful death than for medical expenses. A qualified and expert attorney is skilled at calculating the maximum compensation that you should receive for these damages.
Determining Negligence And Why This Is Important In An Alabama Car Accident
It is legally required to prove negligence in a court of law in order to claim for injuries sustained in a car accident. Negligence is established by the following four factors:
- The driver who was at fault had a duty to the injured party
- The injured party suffered loss or damages
- The driver who was at fault was in breach of their duty
- The damages suffered by the injured party were as a direct result of the failure to perform their duty by the at-fault driver.
In other words, every driver on the road automatically has the legal duty to drive in a way that is safe and follows the traffic laws. Where a driver is intoxicated, speeding or distracted while driving, they are in breach of their duty to other road users. If this breach results in a collision that causes injuries resulting in damages, the driver can be determined to have been negligent and is therefore at fault in causing the accident and is liable for damages resulting from their negligence.
Car Accidents And Insurance Claims
Insurance companies will go out of their way to deny a claim or pay as little as possible. They will look for any reason or way in which to reduce a payment or not to pay at all. Due to the fact that Alabama uses Comparative Negligence Law to determine fault, this can affect your ability to claim from an insurance carrier. What this means is that if you are found to be even the smallest bit responsible for causing the accident, you may not be awarded an insurance claim.
Insurance providers will therefore often go to great lengths to find the smallest detail to make them exempt from paying a claim. This means that the driver who was found to be at fault will be fully responsible to pay all damages resulting from the accident. If this method to deny payment does not work, insurance companies may employ other underhanded methods, not to payout. They may offer you a settlement that is lower than the amount that you claimed for, or drag out the legal process in an attempt to get you to settle. They may even go as far as ignoring you and your claim altogether.
It may eventually seem as if there is no alternative but to accept the lower settlement offer and the insurance company will be more than happy to oblige. Legal representation from Hare, Wynn, Newell & Newton can, however, go a long way to persuading them differently and ensuring that you receive the compensation that you deserve.
What Is The Deadline For Filing An Alabama Car Accident Claim
The most important factor to keep in mind when filing a personal injury claim for compensation in Alabama is the Contributory Negligence Law. It means that if you can be proven to have been even slightly at fault in causing the accident, you cannot make a claim for compensation even if the other driver was largely responsible.
The next factor is the strict statute of limitations that applies to filing personal injury claims in the state of Alabama. If a claim is not filed within a two-year period following the date of the accident, the right to compensation expires. In the event that your claim is against the government, you only have six months within which to file the claim.
Not only are these deadlines extremely strict, the filing process can be complicated and time-consuming. It is advisable to hire a Talladega car accident lawyer as soon as possible after the accident to follow the correct and complete filing procedure. The experienced lawyers at Hare, Wynn, Newell & Newton understand the importance of the statute of limitations and will ensure that your claim is filed in a timely manner and that all the details are correct.
As a bonus, our firm employs a former insurance claims adjuster which gives us special insight into the way insurance companies evaluate and payout claims. These insights will help us ensure that you aren’t found to be responsible for the accident in the slightest and that you receive the compensation that you have requested.
Call For A Free Consultation With A Talladega Car Accident Lawyer
You can contact HWNN on (855) 965-1688 if you have any queries, to book your free consultation or simply to speak to one of our expert and professional car accident attorneys.
Related Attorneys
Whether you or a loved one have been in a minor or a serious car accident, you may have a claim for medical and other expenses that resulted from the accident. In order to ensure that you receive fair compensation, it is recommended to contact an experienced Talladega car accident lawyer. Hare, Wynn, Newell & Newton specializes in cases involving car accidents and will provide you with a consultation at no charge to assess eligibility for compensation. Simply contact us at (855)-965-1688 for an expert evaluation.
Our Talladega injury firm has helped thousands of clients recover an average of 3x more than what they would have gotten without the assistance of our attorneys. This could make a significant impact on the lives of an injured victim. With over a century of vast experience handling auto accidents in the state of Alabama and all over the U.S, our firm’s main focus is to ensure every single client gets the compensation they deserve. Whether it’s a small fender bender or a multimillion-dollar trial case, we will fight for your rights and defend you in court if necessary.
Common Causes Of Car Accidents In Talladega
A car accident occurs when a vehicle collides with another vehicle, object, animal or person. Although it is called an accident, in most cases, someone can be held responsible for colliding with another vehicle. There are many reasons why car accidents happen and some of the most common causes include:
Distracted Driving
Distracted driving has gained much more attention in the last few years due to the introduction of mobile phones that cause distractions while driving. However, texting or talking on the phone while driving are not the only distractions that can result in an accident. Grooming, fiddling with the radio, eating or simply reaching for an object can distract a driver from keeping their focus on the road and their hands on the steering wheel increasing the risk of a car accident.
Drunk Driving Or Driving While Intoxicated
Driving under the influence of alcohol, drugs or any other controlled substance is a crime and increases the likelihood of a car accident. A driver who has caused an accident while intoxicated should be held liable for personal injury claims.
Reckless Driving And Speeding
Any driver who is not adhering to the Driver’s Code of Rules is considered to be driving recklessly and putting themselves as well as the general public at risk of harm. Speeding is one of the most common acts of reckless driving as are not keeping a safe following distance, running a red light or stop sign, making an illegal turn, etc.
Medical Conditions
Although it is a much more rare occurrence, a driver who has a sudden onset of a medical condition may result in them losing control of their vehicle. Most commonly, this happens as a result of a stroke, heart attack or seizure and is referred to as emergency medical conditions.
The first step in an assessment of a personal injury is an investigation as to what caused the accident and who was at fault. This investigation will look at the accident scene and factors such as weather and road conditions, traffic signs and signals, obstacles in the road and any other environmental factors that could have contributed to the accident. The vehicles involved in the accident will also need to be investigated for any defects that could have caused the accident.
If a defective part in the car caused the accident, then it is possible to sue the vehicle manufacturer for compensation. If environmental factors played a role, then it is possible that the state or government can be held liable. However, it is important to be aware that claiming from the government can be a complicated matter and that it is not recommended to do so without the assistance of a skilled and experienced Talladega car accident lawyer.
Common Injuries Resulting From Car Accidents In Alabama
Car accidents are a common occurrence in Talladega, Alabama and more often than not result in injuries and in some cases, can be fatal. The more severe the injury, the greater the physical, financial, personal and professional loss will be and therefore the greater the value of your claim. The following injuries are common after a car accident in Alabama:
- Broken bones
- Wounds and burns
- Spinal and internal injuries/internal bleeding
- Traumatic brain injuries
Your medical records from when you are first medically evaluated after the injury to the current date are extremely important in determining the extent and severity of your injuries. While your Talladega car accident lawyer will work with your medical providers in order to make this evaluation, it is critical to keep every document, receipt, invoice, bill, and other information in order to support your case.
Car Accident Damages That You Can Claim For In Talladega, AL
There are a variety of different damages that you can claim that are largely dependent on the type of injuries that were sustained as well as the extent and severity of the injuries. The following damages may form part of your claim for compensation:
Medical Expenses For Injuries Sustained From The Car Accident
Due to the fact that injuries are so common in car accidents, medical expenses are the most common claim that is made for compensation in Alabama. These damages cover all medical costs including ambulance, hospitalization, surgery, medication, specialist doctor visits and a whole range of different treatments and medical procedures. These medical expenses can quickly accumulate and become quite costly. All future medical costs related to the injuries sustained in the accident until a full recovery is made can also be claimed for.
Loss Of Income
Whether you have lost only a few hours of work or had to take an extended leave of absence to recover from your injuries, a car accident can seriously impact your income or wages. In severe cases, an injured party may never be able to resume work or be fired as a result of time off. You can sue for lost wages or income that were a direct result of your injuries or affected your ability to work and earn a gainful income in the future.
Wrongful Death Suits
Families often suffer as a result of the loss of life after a car accident. Dependents or families can sue for compensation due to loss in a wrongful death lawsuit.
Loss Of Companionship (consortium)
Loss of companionship due to a fatality in a car accident can also legally be claimed for. You can also sue for damages related to the loss of a relationship that resulted from the accident or injuries that were sustained. For example, if a significant relationship ends due to physical disability or changes in personality, you can sue for damages.
Pain And Suffering
A car accident can have a severe psychological impact and it is possible to sue for damages for pain and suffering that are related to the injuries sustained from the accident. However, it is far more difficult to determine the monetary value of pain and suffering as well as damages for loss of companionship and wrongful death than for medical expenses. A qualified and expert attorney is skilled at calculating the maximum compensation that you should receive for these damages.
Determining Negligence And Why This Is Important In An Alabama Car Accident
It is legally required to prove negligence in a court of law in order to claim for injuries sustained in a car accident. Negligence is established by the following four factors:
- The driver who was at fault had a duty to the injured party
- The injured party suffered loss or damages
- The driver who was at fault was in breach of their duty
- The damages suffered by the injured party were as a direct result of the failure to perform their duty by the at-fault driver.
In other words, every driver on the road automatically has the legal duty to drive in a way that is safe and follows the traffic laws. Where a driver is intoxicated, speeding or distracted while driving, they are in breach of their duty to other road users. If this breach results in a collision that causes injuries resulting in damages, the driver can be determined to have been negligent and is therefore at fault in causing the accident and is liable for damages resulting from their negligence.
Car Accidents And Insurance Claims
Insurance companies will go out of their way to deny a claim or pay as little as possible. They will look for any reason or way in which to reduce a payment or not to pay at all. Due to the fact that Alabama uses Comparative Negligence Law to determine fault, this can affect your ability to claim from an insurance carrier. What this means is that if you are found to be even the smallest bit responsible for causing the accident, you may not be awarded an insurance claim.
Insurance providers will therefore often go to great lengths to find the smallest detail to make them exempt from paying a claim. This means that the driver who was found to be at fault will be fully responsible to pay all damages resulting from the accident. If this method to deny payment does not work, insurance companies may employ other underhanded methods, not to payout. They may offer you a settlement that is lower than the amount that you claimed for, or drag out the legal process in an attempt to get you to settle. They may even go as far as ignoring you and your claim altogether.
It may eventually seem as if there is no alternative but to accept the lower settlement offer and the insurance company will be more than happy to oblige. Legal representation from Hare, Wynn, Newell & Newton can, however, go a long way to persuading them differently and ensuring that you receive the compensation that you deserve.
What Is The Deadline For Filing An Alabama Car Accident Claim
The most important factor to keep in mind when filing a personal injury claim for compensation in Alabama is the Contributory Negligence Law. It means that if you can be proven to have been even slightly at fault in causing the accident, you cannot make a claim for compensation even if the other driver was largely responsible.
The next factor is the strict statute of limitations that applies to filing personal injury claims in the state of Alabama. If a claim is not filed within a two-year period following the date of the accident, the right to compensation expires. In the event that your claim is against the government, you only have six months within which to file the claim.
Not only are these deadlines extremely strict, the filing process can be complicated and time-consuming. It is advisable to hire a Talladega car accident lawyer as soon as possible after the accident to follow the correct and complete filing procedure. The experienced lawyers at Hare, Wynn, Newell & Newton understand the importance of the statute of limitations and will ensure that your claim is filed in a timely manner and that all the details are correct.
As a bonus, our firm employs a former insurance claims adjuster which gives us special insight into the way insurance companies evaluate and payout claims. These insights will help us ensure that you aren’t found to be responsible for the accident in the slightest and that you receive the compensation that you have requested.
Call For A Free Consultation With A Talladega Car Accident Lawyer
You can contact HWNN on (855) 965-1688 if you have any queries, to book your free consultation or simply to speak to one of our expert and professional car accident attorneys.