When you’ve been injured in a car crash, you aren’t interested in hearing a laundry list of lawyer credentials, you want to know how we can help. While our attorneys are extremely experienced and skilled, our value to our clients is based on more than that.
At Baxley Maniscalco, when you choose us to represent you after an auto accident, we take charge of every step of the process, so that you can rest easy and focus on healing.
What are the Benefits of Hiring a Vestavia Hills Car Accident Attorney?
We will help you coordinate medical treatment and locate providers. We work with medical professionals across the state of Alabama who specialize in care for patients after a car accident.
- We can point you in the right direction to physical therapists, chiropractors, and pain management specialists, as needed. Our relationship with these providers means that you can be treated on what is called a letter of protection-this means that the provider treats you without charging any money up front, and trusts us to pay their medical bill at the end of your personal injury case, out of the proceeds we recover for you.
- We will stop insurance adjusters from harassing you. Our goal is to send out letters and make phone calls the very day you hire us to stop insurance adjusters from blowing up your phone. It’s a common tactic for adjusters to try to bully injured plaintiffs into accepting a quick, bottom-dollar settlement. We’ve seen cases where adjusters called people more than ten times a day before we represented them.
- We will gather the evidence needed to prove your case. It is extremely important to act quickly to preserve evidence showing that the other driver was at fault for causing the collision. Evidence such as witness statements, black box vehicle data, and video footage from the scene can be essential to demonstrate that the other driver caused the crash. We also do all the legwork of gathering and compiling your medical records and billing after the crash and substantiating your claim for lost wages for time missed from work.
- We will help you think of other items of damages that may frequently be missed, such as mileage to and from doctors’ appointments, and property damage for items that were in your vehicle and were broken or destroyed. Finally, we will help you understand how to document and present how the crash affected your everyday life. This makes up the pain and suffering, duties under duress, and loss of enjoyment of life portion of the claim.
- We will make a speedy demand for compensation to insurance and negotiate with adjusters. We act fast to document and present claims to insurance so that you can get money in your pocket within months, rather than years, of a crash. We will present a detailed packet of material to the insurance adjusters handling your claim, and will fully demonstrate, with appropriate exhibits, why your claim for damages is the amount that it is. We do not believe in settling cheaply, and we work to achieve full and fair payment for each and every one of our clients.
- We will file a lawsuit right away after an insurance company refuses to pay our reasonable demand. We have a reputation for litigating our cases. This benefits our clients because, in many instances, this means we don’t have to file suit, because our reputation precedes us.
When insurance companies try to play hardball anyway, we are quick to follow through on filing suit and preparing the case for trial. The more pressure we can put on the insurance company with a trial date on the horizon, the more likely you are to get paid for your injuries fairly and without undue delay.
How Car Accident Lawyers are Paid in Alabama: Can You Afford to Hire A Lawyer After a Car Crash?
Yes. You absolutely can afford an experienced personal injury lawyer. In Alabama, accident lawyers typically charge a contingency fee, which is a percentage of the settlement or award obtained for the client. This fee is usually around 33% of the total amount recovered. However, the exact amount can vary depending on the specific case and the agreement between the lawyer and the client.
At Baxley Maniscalco, our car accident lawyers work only on contingency, we never ask for any money upfront. We also do not take any fee if your case is not successful. We only get paid if you win. We love this system because it allows everyone access to an experienced attorney regardless of their financial means, and we make more money if we do the absolute best job for you and get you the very best possible outcome in your case.
How Can You Get the Most out of Your Injury Claim?
To maximize the value of your recovery after an accident, follow these steps:
- Gather evidence: Collect any documentation or evidence related to the accident, such as medical records, police reports, witness statements, and photos.
- Seek medical attention: Get prompt and thorough medical treatment for your injuries and keep detailed records of all medical appointments and expenses.
- Hire an experienced attorney: An experienced personal injury attorney can help you navigate the legal process and negotiate a fair settlement.
- Don't accept the first offer: Insurance companies often make initial settlement offers that are lower than what you are entitled to. It is important to have an attorney review the offer before accepting it.
- Be patient: Personal injury claims can take time to resolve. Be patient and work closely with your attorney to ensure that your rights are protected and that you receive the compensation you deserve.
Remember to always communicate openly with your attorney and provide them with all necessary information to build the strongest case possible.
When Should You Hire a Personal Injury Lawyer After a Vestavia Hills Car Crash?
We always recommend hiring a lawyer as soon as possible after a car accident. In almost all cases, even small injury cases, you’ll end up with more money in your pocket at the end of the case by working with a lawyer than by trying to handle the claim yourself.
It’s also a stressful process that adds a lot of pressure and anxiety to an already difficult experience. You’re trying to recover from injuries and get back to your daily life.
While you try to make time for medical appointments, insurance adjusters are calling you nonstop and harassing you to provide documents. Medical providers can be slow to produce the records you need to show the insurance company, and at the end of all the hassle, you often find out that the insurance company was never serious about making a fair offer for your injuries in the first place.
You should definitely consider hiring a personal injury lawyer after an Alabama car crash if:
- You sustained serious injuries: If you suffered severe injuries that require ongoing medical treatment or have resulted in long-term disabilities, a personal injury lawyer can help you recover maximum compensation.
- The accident was caused by someone else's negligence: If another driver's negligence or fault caused the accident, a personal injury lawyer can help you hold them accountable and recover compensation for your damages.
- The insurance company is not cooperating: If the insurance company is not cooperating, is offering a low settlement, or is denying your claim, a personal injury lawyer can help you negotiate with the insurance company and pursue a fair settlement.
The statute of limitations is approaching: In Alabama, you have two years from the date of the accident to file a personal injury claim. If the statute of limitations is approaching, it is important to hire a personal injury lawyer as soon as possible to ensure that your rights are protected.
How Long Does an Alabama Personal Injury Claim Take to Settle?
This can vary a lot depending on who is handling the claim. If you try to handle the claim yourself, it’s a common tactic for insurance adjusters to delay payment by insisting that the medical records/bills are incomplete or they need just one more piece of documentation about the wreck. This can drag on for months and even years.
In some of the worst cases, we’ve seen insurance adjusters try to trick injured victims into missing the statute of limitations on their case so that they cannot recover anything.
At Baxley Maniscalco, our policy is to try to have a case settled within six months or file suit. Although there are some exceptions to this rule (we don’t want to make an incomplete demand and accept too little if a client is still treating for their injuries), we prioritize getting demands out as fast as possible, so that your case doesn’t languish for years while you go without the financial support you need to recover from the car accident.
If we do have to file suit, we aim to get a trial date within a year of filing suit. Although this sounds like a very long time, it’s actually a pretty speedy navigation of the Alabama civil justice court system. We’ve seen that it isn’t uncommon for cases filed by other firms to sit more than five years in litigation after having been filed. We work very hard to ensure this doesn’t happen to our clients.
How Long Do You Have to Sue After A Vestavia Hills Car Accident?
The statute of limitations for a car accident in Alabama is two years. This means that you have two years from the date of the accident to file a personal injury claim or lawsuit seeking compensation for your damages. If you fail to file a claim within this time frame, you may be barred from pursuing compensation.
It is important to consult with a personal injury lawyer as soon as possible after a car accident to ensure that your rights are protected and that your claim is filed within the statute of limitations.
This Alabama code section states that there is a two-year deadline for filing any civil action that seeks damages (compensation) “for any injury to the person”.
Steps to Take After Being Injured in a Vestavia Hills Car Accident
The first step is to seek medical attention. Get prompt and thorough medical treatment for your injuries and keep detailed records of all medical appointments and expenses.
Then:
- Call 911: Accept medical treatment right away even if you don’t feel like your injuries are serious. Adrenaline after a car crash frequently prevents people from appreciating the full extent of their injuries until hours later, or even the following day.
- Speak to police: answer police questions at the scene and ensure that a police report is made.
- Get contact information of other drivers and eyewitnesses to the accident: if the police are on the scene, they will do this as part of their report. Make sure to point out to them the identity of all eyewitnesses so that they note their contact information on the police report.
- Document the accident: Gather evidence, such as photos of the scene, witness statements, and the police report.
- Notify your insurance company: Report the accident to your insurance company as soon as possible, but be cautious about providing a recorded statement or admitting fault.
- Hire a personal injury lawyer: Consider hiring a personal injury lawyer to help you navigate the legal process and negotiate a fair settlement.
- Keep track of expenses: Keep detailed records of all expenses related to the accident, including medical bills, lost wages, and any other out-of-pocket costs.
- Avoid making statements: Do not discuss the accident or your injuries with anyone except your doctor, insurance company, and personal injury lawyer.
- Follow medical advice: Follow your doctor's recommendations for medical treatment and rehabilitation to ensure a full recovery.
It is important to take these steps promptly after a car accident to protect your rights and increase your chances of obtaining a fair settlement.
The Civil Litigation Process: Filing a Lawsuit After a Crash in Vestavia Hills
The civil litigation process for a car accident injury claim in Alabama generally involves the following steps:
- Filing a complaint: The injured party files a complaint with the court, which outlines the allegations and the relief sought.
- Service of process: The complaint is served on the defendant, who has an opportunity to respond.
- Discovery: Both parties engage in discovery, during which they gather and exchange information about the case, including written questions, depositions, and document requests.
- Motions: The parties may file various motions, such as motions to dismiss or motions for summary judgment, which ask the court to decide on certain legal issues before trial.
- Trial: If the case is not resolved through a settlement or summary judgment, it will proceed to a trial, where evidence is presented and witnesses are examined.
- Judgment: After the trial, the court will issue a judgment, which may include an award of damages to the injured party.
- Appeal: Either party may appeal the judgment to a higher court if they believe that legal errors were made during the trial.
This process can be lengthy and complex, which is why it is important to have an experienced personal injury lawyer to guide you through the process and protect your rights.
How to Prove Liability After a Vestavia Hills Car Accident
Liability in an Alabama car accident case is proven by showing that the defendant's negligence caused the accident and the resulting injuries. The burden of proof in a personal injury case is "preponderance of the evidence," which means that the plaintiff must show that it is more likely than not that the defendant's negligence caused the accident.
To prove negligence, the plaintiff must show the following four elements:
- Duty of care: The defendant owed the plaintiff a duty of care to drive safely and avoid causing an accident.
- Breach of duty: The defendant breached their duty of care by acting unreasonably, such as driving while distracted or under the influence of drugs or alcohol.
- Causation: The defendant's breach of duty caused the accident and the plaintiff's injuries.
- Damages: The plaintiff suffered actual damages, such as medical expenses, lost wages, and pain and suffering, as a result of the accident.
The plaintiff must provide evidence to support each of these elements, such as witness testimony, medical records, and expert opinions. The defendant may also present evidence to challenge the plaintiff's case and try to show that they were not at fault for the accident.
In the end, the court must weigh the evidence presented by both parties and determine which party has proven their case by the preponderance of the evidence. If the plaintiff is successful, they will then present evidence of their damages and request an award of compensation by the jury.
How to Prove Damages in Alabama
A plaintiff can prove their damages to a jury by presenting evidence of their losses, including both economic and non-economic damages.
The types of damages a plaintiff can recover for after a car accident in Alabama include:
- Medical expenses: Reimburses the cost of medical treatment, including hospitalization, surgery, rehabilitation, and medication.
- Lost wages: Reimburses the plaintiff for lost income due to time off from work.
- Pain and suffering: Compensates the plaintiff for physical and emotional pain and suffering.
- Property damage: Reimburses the plaintiff for damage to their vehicle or other personal property.
- Loss of consortium: Compensates the plaintiff's spouse for loss of companionship and support.
To prove their damages, the plaintiff should introduce the following types of evidence:
- Medical records: Detailed records of all medical treatment, including diagnoses, treatments, and costs.
- Pay stubs and tax returns: Evidence of the plaintiff's past and future lost wages.
- Expert testimony: Opinion of medical or financial experts on the plaintiff's damages, including future medical costs and lost earning potential.
- Witness testimony: Testimony from friends, family members, and co-workers on the plaintiff's physical and emotional pain and suffering.
- Photographs and videos: Visual evidence of the plaintiff's injuries and property damage.
It is important to provide strong evidence of the plaintiff's damages in order to maximize the recovery and obtain a fair settlement or jury award.
A personal injury lawyer will help the plaintiff gather and present the evidence needed to prove their damages.
How Is Pain and Suffering Calculated in Alabama?
There is no one right way to calculate pain and suffering damages in Alabama. Lawyers use a variety of methods to quantify the suffering a plaintiff has experienced. Some common methods include:
Multiplier Method
This method involves multiplying the plaintiff's actual economic damages (such as medical expenses and lost wages) by a number (the "multiplier") that reflects the severity and duration of the pain and suffering. The resulting figure is the estimated amount of compensation for pain and suffering. The multiplier used can range from 1 to 5, with higher numbers indicating more severe and longer-lasting pain and suffering. This calculation is subjective and the final amount of compensation awarded can vary widely.
We don’t typically like this method, as it tends to undervalue the real cost of the injuries to the plaintiff. After all, medical bills are fixed by healthcare providers and insurance companies through a complex system of negotiation and have no real relation to how the injuries have negatively affected the plaintiff’s life.
Per Diem Method
This method is based on setting a daily rate for the plaintiff’s pain and suffering and multiplying it by the number of days the victim was in pain after the car accident.
Comparison Method
Comparing the injuries experienced by the plaintiff with other similar cases and using the settlements obtained in those other cases to determine an appropriate amount for this plaintiff.
At Baxley Maniscalco, we don’t believe that any one of these methods used in isolation can achieve full justice compensation for injured plaintiffs. We use a combination of approaches to valuation, but mainly, we believe in talking to our clients, getting to know them, understanding their work, their lifestyle, their hobbies, whether they like to fish or play golf or do dance aerobics, and using all of the information we gather to present to insurance companies and to juries the true human impact the injuries have had on our client’s life.
Only by truly understanding what has been lost by our client can a jury award real fair compensation.
Get the Compensation You Deserve
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