Various categories of lawsuits adhere to different rules and procedures and require different kinds of evidence. Personal injuries, perhaps the biggest category, involve actual bodily harm to plaintiffs, although other losses and injuries may be claimed as well.
Some common personal injuries you have likely heard of involve auto accidents, slip and falls, and construction-related accidents. Many personal injury claims are rooted in the defendant’s negligence, although some are based on intentional torts. Damages may be broad and add up to significant compensation. Economic and non-economic damages must be identified and evaluated before being claimed in court. Insurance might help cover certain expenses after your accident, but this does not mean the defendant is liable for fewer damages. However, your insurance company might expect to be reimbursed if you win your case. To get compensation, we need strong evidence showing how the defendant caused your injuries.
Contact our personal injury attorneys to schedule a free evaluation of your case by calling Howe Law at (844) 876-4357.
Common Personal Injury Claims in Tuscaloosa
Personal injuries encompass a very broad range of claims and cases. Generally, if your claims involve some form of bodily harm, you might have a personal injury claim on your hands. Many personal injury claims overlap with other kinds of claims, such as claims for property damage. Our personal injury attorneys can evaluate your claims for all possible damages so you get the maximum compensation possible.
Auto accidents are very common, so it makes sense that many personal injury claims stem from accidents on the road. Car accidents are frequently cited as the source of a plaintiff’s injuries, but numerous other kinds of accidents are possible. You might have been injured in a truck, bus, or motorcycle accident. You might not have been in a vehicle at all. Pedestrians are frequently injured by vehicles and may claim significant damages in a personal injury lawsuit.
Slip and Fall Injuries
Premises liability cases involve personal injury claims related to injuries sustained on the defendant’s property. Generally, the defendant might be liable if the accident happened because their property was negligently maintained, and some hazard or dangerous conditions injured the plaintiff.
A common example is a slip and fall accident. You might slip and fall on your neighbor’s front steps because they failed to replace their broken railing. In that case, you can sue your neighbor because it was their responsibility to make sure the stairs were safe.
People who work in construction are at especially high risk of being injured. While risk might be an inherent part of the job, that does not mean employers or coworkers get a free pass to be negligent. Accidents involving power tools and heavy machinery can leave plaintiffs with extremely severe injuries. Such personal injury claims tend to involve significant damages.
Keep in mind that you do not have to be a construction worker to be injured in a construction accident. Passersby are often injured by falling debris, heavy machinery, or negligent workers.
Claiming Damages for Personal Injuries in Tuscaloosa
Your damages might be quite high depending on how your injuries occurred and how severe they are. Personal injury claims encompass a wide array of damages related to physical injuries, economic costs, and emotional suffering. A lawyer should have the skills and experience to assess your damages and determine the value of your claims.
The primary focus in many personal injury claims is of course your injuries. Many cases involve severe injuries, and plaintiffs often face long-term medical complications, disabilities, and pain. One of the biggest sources of economic damages in your case might be your injuries and medical bills. These damages can be particularly significant when plaintiffs need ongoing care and might incur future medical costs from their injuries.
Personal injuries also take a serious mental and emotional toll that should be factored into your damages calculations. It is not uncommon for victims of accidents to be traumatized by the experience. This is common in major car accidents or near-fatal injuries. If your injuries have taken an emotional toll, you should speak with mental health professionals about possible treatment. You can also claim these experiences as part of your non-economic damages.
How Insurance Might Affect Your Personal Injury Damages in Tuscaloosa
Compensation is often pieced together from several sources. Many injured plaintiffs get at least some of their damages paid for through insurance before they get compensation from a jury verdict. Even so, this does not mean that defendants pay less compensation to plaintiffs who have also benefited from insurance claims.
Even if some of your damages were covered by insurance (e.g., medical bills covered by health insurance), the defendant in your lawsuit is still liable for the full value of your damages. For example, suppose you incurred $30,000 in medical bills, and your health insurance paid for $20,000. The defendant should still be liable for the full $30,000, not just the remaining $10,000.
While defendants are still liable for full payment, plaintiffs usually cannot be compensated twice for the same injuries. Your insurance provider might have a right of subrogation and claim reimbursement for the money they paid you. Excess compensation from your lawsuit might have to be paid back to the insurance company.
Using Evidence to Prove Your Personal Injury Claims in Tuscaloosa
Evidence is necessary for your personal injury case but can be difficult to obtain. Always remember that the fact that evidence is difficult to find does not mean your claims are invalid. Evidence might be scarce for various reasons, many of them beyond your control. Your attorney can help you look for evidence that will support your claims for compensation.
Depending on how and where you were injured, evidence might be found at the scene of your accident. For example, many people take photographs after car accidents for insurance purposes. Those photos can be used as evidence in your trial and might establish what the accident scene looked like, who was there, and details about how the accident occurred.
You should also check the area where you were injured for security cameras. Many homes and businesses have security cameras, and there is a chance your accident was captured on video. Depending on what was recorded, security camera footage can be very powerful evidence.
Records might also be extremely useful in your case. Medical records might shed light on the extent and severity of your injuries. Medical experts can testify and explain your injuries and even offer their opinion on who is responsible.
Call Our Tuscaloosa Personal Injury Attorneys for Help
Get in touch with our personal injury lawyers to schedule a free assessment of your case by calling Howe Law at (844) 876-4357.