If you’ve been in a car accident and aren’t sure what you need to know to file a claim, several state laws could make or break your case. We understand just how traumatic a car accident can be, whether you were the driver or a passenger. For that reason, it’s important to establish fault as early as possible to start you on the way to the compensation you deserve.
Alabama’s Statute of Limitations requires those filing a claim following a car accident to do so within two years, as specified in Alabama Code Section 6-2-38. With that said, it’s always advisable to file your claim sooner rather than later, as evidence can deteriorate or disappear as time passes, severely hampering your case.
Alabama law requires the claimant must establish contributory negligence as a primary factor in the accident suffered. This essentially requires you or your legal representative to prove you carry zero fault for the accident itself and the blame is solely on the other party. Contributory negligence means if your actions were determined to be 10% of the reason the accident occurred, you would only be able to pursue 90% of your compensation, despite the other party bearing a much more significant proportion of fault. Speaking to a lawyer can be invaluable in establishing you were blameless and thus entitled to full compensation.
Alabama is a fault-based compensation state, which opens up more options to establish fault when pursuing your claim. Alabama law makes liability insurance mandatory to operate a motor vehicle. If the other party in your accident is found not to have taken out said insurance, their negligence in following the laws governing drivers gives you an immediate basis to file for compensation.
A driver involved in a car accident while uninsured or underinsured can find themselves on the receiving end of hefty fines. If you’re able to further prove other forms of negligence contributed to the accident, such as mobile phone usage or alcohol impairment, for example, then you may be entitled to a more significant sum of compensation.
If you’ve been involved in a car accident due to the negligent actions of another party, you must pursue your case as quickly as possible. You’ll have access to guidance and information on what you may be entitled to by hiring a lawyer. Factors you may not have considered, such as medical expenses and loss of earnings, are compensable losses. Your lawyer can handle the insurance process and help to ensure your compensation accurately reflects the caliber of your injuries, loss, and hardships caused by pursuing both economic and non-economic damages.
If you’d like to speak to someone regarding your accident, whether you’re looking for representation or simply some advice, then contact a member of our team at Henry Dailey Law Firm. We’re always happy to help, so leave us a message on our contact form above, or call 205-995-2412 to schedule your free case review today. You can also visit our FAQ page for more quick answers.
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