Compensation in car accident claims is carefully calculated in Alabama. How much you can sue for will be based on the damages you have incurred because of another party’s negligence.
Victims can sue for any damages they have incurred as a result of a car accident in Alabama. This will include economic damages, such as medical bills and lost wages, and compensation for their pain and suffering. In rare instances, victims may be able to sue for punitive damages as well. In Alabama, compensatory damages are not capped. However, compensation can be diminished in certain circumstances. For example, because Alabama is a pure contributory negligence state, victims are unable to sue for compensation if they even somewhat contributed to the cause of their injuries. Because of this, our lawyers will submit proof that demonstrates a defendant’s total responsibility for your damages and injuries.
To discuss your case for free with the Alabama car accident attorneys at Howe Law, call us now at (844) 876-4357.
How Much Can You Sue for After a Car Accident in Alabama?
After a car accident in Alabama, victims might incur various expensive damages that warrant compensation. If you plan on suing a negligent driver for your injuries, it is important to understand how much you can actually sue for. Is the sky the limit, or will you be restricted regarding your recovery?
In Alabama, victims are not limited regarding their recovery of economic damages following car accidents. That said, your recovery will be determined by your financial losses. A judge or jury will not just pick a number out of thin air. Instead, our Birmingham car accident attorneys will present proof of your financial losses, such as records of your medical expenses and lost wages. We will add up all of your economic damages, including any additional out-of-pocket expenses you have incurred, so that we can request an accurate amount in compensation.
Many victims require long-term medical care, meaning they will need treatment far past the conclusion of a lawsuit. To ensure you recover compensation for future economic damages you have yet to incur, we will refer to statements from medical experts as well as your medical records. This will inform your recovery of future damages due to your car accident injuries in Alabama.
Victims are also entitled to sue for non-economic damages following auto accidents in Alabama. While recovery of non-economic damages is a possibility, it is not guaranteed. To calculate the appropriate compensation for pain and suffering in your case, our Alabama personal injury lawyers will use either the per diem method or the multiplier method. This requires a different process than adding up your damages, as non-economic damages are more subjective. In addition to using these calculation methods, we will submit proof of your pain and suffering. This can be done by explaining the severity of your injuries and the expected impact on your life moving forward. Statements from experts, such as medical professionals and mental health professionals, can aid in this effort. Alabama does not cap non-economic damages for car accident victims.
Punitive damages are limited in Alabama. While car accident victims can sue for punitive damages in some instances, they must prove that a defendant acted with intentional malice or extreme recklessness when causing their injuries. For example, if a defendant got behind the wheel intoxicated, that could allow you to recover punitive damages in your car accident case.
In Alabama, judges and juries can only award punitive damages that are three times the amount of awarded compensatory damages. So, if you are awarded $50,000 in compensatory damages, your punitive damages can equate to no more than $150,000. While that is the limit, punitive damages can be less than three times the amount of compensatory damages. Because not all drivers act with gross negligence when causing a car accident, not all victims can recover punitive damages in Alabama.
What Can Impact How Much You Can Sue for After a Car Accident in Alabama?
Although you were injured in an auto accident, that does not mean compensation is promised. Certain things can impact how much you can sue for and how much you can actually recover following a car crash in Alabama.
The first factor that will impact how much you can sue for is your actual losses. You cannot expect to recover compensation for losses you have not incurred or will not incur. Because of this, it is important to compile sufficient proof of your financial losses so that we can accurately calculate the compensation you deserve in an auto accident lawsuit.
Contributory negligence might come into play as well, limiting a victim’s recovery. Alabama is a pure contributory negligence state. This means that even if a victim is only one percent at fault for their injuries, they will be unable to recover any compensation in a lawsuit. In these cases, a victim’s own negligence defeats their right to recovery. To ensure that Alabama’s contributory negligence laws do not impact you, our lawyers will gather evidence that proves that a defendant alone is to blame for your damages.
This is one of the reasons why filing a lawsuit immediately after an accident takes place is important. If you wait to bring your claim, you might be unable to obtain certain evidence that is relevant and crucial to your case. Furthermore, delaying filing could put you at risk of missing the deadline for car accident cases, which is two years from the date of injury in Alabama. Should this happen, you will be unable to recover compensation of any kind, as you will be barred from recovery entirely.
Call Howe Law About Your Alabama Car Accident Today
Call our Madison, AL car accident attorneys at (844) 876-4357 to schedule a free case assessment from Howe Law.