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Who’s Responsible for My Alabama Car Accident Compensation?

Posted by Michael T. Bell | Jul 28, 2021 | 0 Comments

Alabama car accident

No one hopes to be in an Alabama car accident. Regardless, they still happen now and again. Also, Alabama car accident victims have to deal with the traumatizing effects. From physical injuries to property damage and emotional distress, the consequences of traffic crashes are hard to deal with.

That's not to mention the resulting medical bills and other expenses you may incur. In severe cases, Alabama car accident victims get life-threatening illnesses that linger on forever.  Sometimes, this means that the victims can no longer work to earn a living.

Considering the harsh impacts of traffic crashes, it's only proper that innocent victims get compensation for their loss. Fortunately, if you live in Alabama, you can get monetary damages with the help of a personal injury lawyer. This article sheds light on who is liable for your compensation. In it, we've also discussed the processes involved in getting full auto accident compensation in Alabama.

What Kind of Compensation Can I Get in an Auto Crash?

There are different kinds of compensation you can get in an Alabama car accident claim. They include:

  • Economic or Special Damages 

Economic damages refer to compensation for measurable expenses and losses incurred due to the Alabama car accident. They are out-of-pocket expenses that aim at returning the victims to the positions they were in before the accident. These damages have specific monetary values and are easy to prove and calculate. Economic damages include lost wages, medical expenses, property damage, funeral costs if the victim dies, etc.

  • Non-Economic or General Damages 

Non-economic damages are quite the opposite of special damages. They aim to compensate victims for losses that can't easily be quantified or given a monetary value. For example, many accident victims endure pain and suffering during treatment.

However, one cannot easily measure the cost of pain and suffering. Hence, these types of damages are usually discretionary and depend on lots of other factors. Common examples of non-economic injuries include loss of consortium, loss of enjoyment of life, disfigurement, etc.

  • Punitive Damages 

Unlike economic and non-economic compensations, the goal of punitive damages is to punish the offender. It's also to discourage others from committing the same offense. They are awarded when the defendant's actions were so reckless that they constituted wanton neglect and disregard for others' safety.

Who Will Pay Damages in an Alabama Traffic Accident?

Alabama is an at-fault state. As such, anyone who causes an accident ought to pay compensation for the injuries and property damage caused. So, usually, it's the at-fault driver who pays damages in an Alabama auto accident claim.

Usually, all drivers in Alabama must have a liability insurance policy that covers traffic crash victims when they cause an accident. This makes it easy for the victims to receive compensation after the accident. They usually do this by filing a personal injury claim with the responsible party's insurance company. If the insurance claim doesn't produce the desired results, you can file a personal injury lawsuit to get full compensation.

It's important to note that Alabama uses the contributory negligence system in determining fault. So, you can not recover damages in an Alabama accident if you contributed to it. Even if you're only 1% at fault in the accident, you cannot recover compensation for your losses.

As such, it's essential to speak with your car accident attorney before you do or say anything in a crash. That's because if you're slightly negligent for the accident, your lawyer will ensure that the insurance companies never get to know. Your lawyer will counter their contributory negligence claim and help you get adequate compensation for your losses.

What Happens When the At-Fault Driver Has No Insurance?

Even if Alabama makes liability insurance compulsory for every motorist, some drivers still don't have coverage. If that's the case, there are still some other ways to get compensation for your accident expenses. They are:

  • Uninsured and Underinsured Motorist Coverage (UIM)

You can file a first-party claim with your insurance company where the at-fault driver cannot pay compensation. Depending on your policy type, UIM can cover the costs of car repairs and your medical bills.

  • A Lawsuit

Another option is to file a lawsuit against the responsible driver. However, this can be stressful and may not give you the compensatory amount you desire.

Contact a Car Accident Lawyer ASAP! 

Have you been involved in an auto crash in Alabama? Then our personal injury attorneys will help you get the compensation you deserve. At Mike Bell Injury Law, we take pride in the top-notch legal services we offer our clients. We'll take the stress off you to enable you to recuperate while also ensuring adequate compensation to facilitate swift recovery.  Contact us today.

About the Author

Michael T. Bell

Chairman & Managing Partner (AL)

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