Contact An Experienced Gadsden Personal Injury Lawyer Today: We Are Available 24/7!
Every day, accidents happen all over Alabama. They occur in an instant, leaving victims nursing severe injuries. A customer slipping in a restaurant, a patient losing their eyesight due to defective products, or a piece of faulty equipment harming a construction worker are all forms of personal injury cases. The spectrum of personal injury law is broad. It requires the legal assistance and advice of an experienced and knowledgeable Gadsden personal injury lawyer.
Some personal injury accidents leave victims with serious injuries. They may be extremely painful and cause mental anguish. Victims may also have to pay expensive medical bills and rehabilitation expenses. Most victims find it hard to get back to work immediately after their accidents. In the long run, victims end up losing their wages.
Knowing your rights, responsibilities, and legal options as a plaintiff is crucial. You should consider hiring a skilled Gadsden personal injury lawyer to help you through Alabama's complex legal system. At Mike Bell Accident & Injury Lawyers, we've been fighting for the rights of our clients for years. We are ready to protect your rights as we pursue maximum compensation.
Call us today at 256-666-6000 for a free case review. We are available 24/7 to answer your questions. Get in touch with us now to find out if you have a case. Remember, you don't pay anything unless we win your Gadsden personal injury case.
What Should I Do After an Injury?
The moments after your accident are important. They can make or break your case. Taking the right steps can help you build a strong case to protect your rights. This is imperative if you want to pursue compensation for your losses. Disregarding these steps can greatly harm your case and may even prevent you from securing a settlement for your damages.
Follow these steps if you've been involved in an accident in Gadsden, Alabama:
Get Medical Treatment If Needed and Keep All Treatment Records
- The most important thing to do after your accident is to seek medical treatment. Visit the nearest hospital even if you feel as though you are okay. Injuries such as whiplash and concussions aren't immediately obvious.
- A trained medical professional will know what to look for after your accident. They may prescribe medications to treat any injuries. Seeking medical treatment can also prove the severity of your injuries.
Take Photos/Video If You Can
- If possible, take photographs of the scene using your phone. You can take pictures of your injuries, property damage, and the scene of the accident. Take as many pictures as possible of the scene of the accident. Ensure you include all aspects you feel may have contributed to your accident.
- Pictures help to prove fault. If a defective product caused the accident, take pictures of the defect and the product after use. If the accident occurred while you were on someone else's premises, take a picture of the hazard that led to the accident.
Get names and numbers of any witnesses
- Exchange information with all parties involved in the incident. Get their names, phone numbers, and addresses. Remember to get the details of bystanders before they leave the scene. It is nearly impossible to track down eyewitnesses once they leave the scene.
Report the Incident
- For a vehicle accident, contact the local police department immediately. Law enforcement officers will create an accident report that details the specifics of the crash. You can request a copy of this report to help build a strong claim.
- For a workplace accident, report the accident to your supervisor or the human resource department. This needs to be done immediately after the accident occurs. Never disregard reporting your accident because you think your injuries are insignificant.
Never Admit Fault
- Never implicate yourself after an accident when talking to the police, claims adjusters, or other involved parties. Never apologize even if you feel you are partly to blame for the accident.
Call a Personal Injury Lawyer!
You should contact a Gadsden personal injury lawyer immediately after your accident. Do not wait to contact an attorney regarding your claim after weeks or months. At Mike Bell Accident & Injury Lawyers, our lawyers will represent you throughout your claim while providing you with sound legal options.
Why do I Need a Gadsden Personal Injury Lawyer?
It's ill-advised to think you can represent yourself in a personal injury lawsuit. This isn't an easy task. Alabama has complex personal injury laws that you won't fully understand overnight. Representing yourself in a claim could negatively affect your settlement.
Hiring a Gadsden personal injury attorney can help you focus on your recovery. A lawyer will handle all aspects of your claim to ensure you get maximum compensation. Here are the benefits of hiring a Gadsden personal injury lawyer at Mike Bell Accident & Injury Lawyers for your personal injury claim:
Case Preparation / Filing a Lawsuit
- Our legal team will gather relevant evidence, including video surveillance, photographs, police reports, and eyewitness statements. This will help us determine liability for your accident.
- Once you stabilize, we will gather medical records and speak to your doctor to determine the full extent of your injuries. Our lawyers will also look into your employment records to assess the full extent of your damages.
- Our legal team will then proceed to negotiate will the insurance company for a fair settlement. We won't settle for any lowball offers. Our lawyers in Gadsden will make sure you get the full amount of compensation you deserve.
Trial Preparation & Representation
- If the insurance company doesn't offer a fair settlement, our attorneys will file a lawsuit. Our experienced trial lawyers in Gadsden will prepare your personal injury case for trial. During depositions by witnesses and experts, you require an experienced attorney by your side. Our attorneys will cross-examine witnesses while arguing your case. We will present relevant evidence to help you secure maximum compensation for your damages.
What Type of Damages Can I Recover?
There are no limits on the amount of compensation you can receive for economic and non-economic damages in Alabama. You may be entitled to receive compensation for three categories of damages in Alabama for your personal injury claim.
- They can be easily computed using receipts of damages sustained. They include:
– Medical expenses
– Lost wages
– Property damage
– Lost earning capacity
– Household services
– Out-of-pocket expenses
- These damages are not measurable. They vary from case to case since they are highly subjective. They can't be calculated by summing up any invoices, bills, or receipts. They include:
– Emotional distress
– Pain and suffering
– Loss of reputation
– Physical impairment
– Loss of life enjoyment
– Loss of consortium
- These damages are not awarded in every personal injury case. Alabama courts award these damages under specific circumstances, such as drunk driving accidents. They aim to punish the defendant for their reckless or negligent behavior.
- Punitive damages are subjective since the transgressions of a defendant are variable from one party to another. For these damages to be awarded, there should be clear evidence that the at-fault party's actions were deliberate. These damages have a cap of $1.5 million or three times the settlement awarded, whichever is greater.
- For claims against cities, towns, or counties in Alabama (municipal liability), there's a $100,000 limit. This implies that if a government worker's actions cause your injuries, you'll only be entitled to receive compensation of up to $100,000.
How is Liability Determined?
In some accidents, the liability of the defendant is straightforward. It may be clear that the defendant is fully to blame for the accident. However, this isn't always the case.
In Alabama, the principle of contributory negligence applies when determining who is liable for an accident. Here, plaintiffs are completely barred from seeking compensation if they share any blame for accidents. You can be barred from receiving any compensation in Alabama even though your fault for an accident is 1%.
It is important to work with an experienced personal injury attorney in Gadsden to prove that you don't share any blame for your accident. At Mike Bell Accident & Injury Lawyers, our legal team and Gadsden personal injury lawyers will conduct comprehensive investigations to prove you don't share any fault under Alabama's negligence law.
There are four basic elements that any plaintiff must prove for a successful personal injury case. If you fail to prove these four elements of negligence, you won't recover any compensation for your injuries.
Duty of Care
- The first thing you have to prove in your personal injury claim in Gadsden, AL, is the duty of care. There are situations where the relationship between the defendant and plaintiff creates a legal duty of care. This duty arises when the law recognizes that one party has a responsibility and obligation to provide reasonable care during certain circumstances. This party's actions should be similar to what any other party would have done under similar circumstances.
- For instance, it is the duty of all drivers to abide by all traffic rules. They should maintain their vehicles to ensure they don't pose any threats to road users. Similarly, business owners should make sure their premises are safe for workers and customers. This can be done by fixing hazardous conditions within reasonable timelines.
Breach of Duty of Care
- Once a duty of care is established, you must establish that the defendant breached that duty. This is done by proving the defendant did or didn't do something that a reasonable individual would have done under similar circumstances. A reasonable person, in this case, is a fictional person that the court considers depending on the individual circumstances of your personal injury case.
- For instance, a driver who runs a red light, speeds, texts while driving, or tailgates can be found to have breached their duty of care. A building owner who knows about a hazard like a damaged staircase and doesn't repair it breaches their duty. Disregarding essential renovations can lead to slip and fall accidents.
- The third element in your personal injury claim is causation. Here, you should prove the defendant's actions or inactions led to your injuries and losses. Did the defendant know that their actions would lead to an injury? Was the defendant aware of any hazard? Proving legal causation is a complicated task.
- Causation can exist in instances such as when an employee drops a banana in a grocery store and disregards picking it up. Both the employee and supervisor see the banana and keep on doing other things. They ignore cleaning up the mess immediately. In the event an elderly customer steps on the fruit and slips, fracturing his hip, this injury can be directly linked to the inactions of the employees. If the employees had cleaned up the mess, there wouldn't have been any slip and fall accident.
- This is the final element when proving your personal injury claim with a Gadsden personal injury lawyer. This is easy to prove since damages such as pain and suffering, lost income, emotional distress, permanent disability, and medical bills are clear after an accident. You stand a better chance to receive a fair settlement if the severity of your damages can be highlighted by a photograph, a medical test, or by an expert's opinion.
- To prove the above four elements, you require the help of a knowledgeable Gadsden personal injury lawyer. Our Gadsden personal injury lawyers can help you establish these elements in your case to prove the defendant's negligence. Reach out to us now for immediate assistance.
How Much Time Do I Have to File a Personal Injury Claim in Alabama?
Alabama has a two-year time limit for filing personal injury claims. You must file your claim within this period to recover your compensation. This applies from the date of the accident or from the day you discovered your injuries.
You have six months from when you discovered your injury to file a lawsuit for medical malpractice cases. Personal injury claims against government agencies such as a municipality have strict deadlines. You must file your claim within six months from the date of your injury. Call a Gadsden personal injury lawyer to get help with your case.
How Much Will a Gadsden Personal Injury Lawyer Cost?
Many accident victims hesitate to contact lawyers for legal assistance. They worry about how much they'll have to pay. At Mike Bell Accident & Injury Lawyers, we don't charge any upfront fees. You pay nothing unless we win. Our Gadsden personal injury lawyers and law firm operates on a contingency fee basis. You will only pay for our legal services once we win your case.
Types of Personal Injury Cases We Handle At Mike Bell Accident & Injury Lawyers
Our legal team is ready to handle any type of personal injury case in Alabama. We are well-known for helping our clients secure favorable settlements. Here are some of the types of cases our Gadsden personal injury lawyers at Mike Bell Accident & Injury Lawyers handles:
- Dog bites are among the most common personal injury cases. Roughly 4.5 million dog bites happen all over the United States every year. This translates to one dog bite in every 73 Americans.
- Alabama has strict dog bite rules compared to most other states. The state doesn't shield dog owners from suits for their dog's first bite. You are allowed to sue a dog owner in Alabama if their dog bites you.
- All medical professionals must provide competent health care to their patients. Failure to diagnose, surgical errors, misdiagnosis, and pharmacy errors can lead to serious, life-threatening injuries. A Gadsden medical malpractice claim can help you recover damages for the mistakes of medical practitioners.
- Any unsafe or hazardous condition in a public place or at a private home can amount to negligence. Personal injury accidents due to premises liability happen in gas stations, restaurants, swimming pools, and stores.
- A dangerous or defective product can lead to serious injuries. Defective medical devices, dangerous drugs, and malfunctioning house appliances can result in injuries. The defects of products can be in the design, manufacture, or through creating misleading advertisement claims.
Slip and fall
- All public places should be safe and free from hazards. You are eligible to file for compensation if someone else's negligence caused you to slip and fall. These types of accidents can lead to fractures and disfigurement.
- Many workers in the state of Alabama get injured while at the workplace. Hazardous work environments, as well as trip and fall cases, are some of the workplace accidents that may warrant financial compensation. If you've been hurt due to your employer's negligence or an unsafe work environment, you may file a personal injury claim to recover damages.
- Motor vehicle accidents involving cars, trucks, motorcycles, pedestrians, and ridesharing vehicles can cause severe injuries. Millions of Americans sustain injuries every year from motor accidents. Whether you are a pedestrian, driver, or passenger, you may be entitled to compensation for your damages. Vehicle accidents can completely alter the course of your life.
- Accidents may at times result in deaths. You may be eligible for damage recovery if your loved one has passed on due to the negligence of another party in Alabama.
Reach Out To An Experienced Gadsden Personal Injury Lawyer Today For A Free Case Review
If you've been injured in an accident in Gadsden, Alabama, due to someone else's negligence, you need to speak to a seasoned Gadsden personal injury lawyer for legal assistance. Let us help you get the compensation you are entitled to.
At Mike Bell Accident & Injury Lawyers, our experienced Gadsden personal injury lawyers can help you with your personal injury claim. We are ready to protect your rights as we represent you in court. You don't have to worry about your claim. We'll handle all aspects of your case on your behalf.
Call us today at 256-666-6000 for a free case review. We are available 24/7! Our Gadsden personal injury lawyer are ready to advise you about the best legal options for your case.