Mobile Car Accident Attorneys
Mobile County Motor Vehicle Accidents
In Alabama, if you are injured in a car accident, you may be able to bring a claim against the at-fault driver’s insurance provider and receive financial compensation for your medical expenses, lost wages, pain, suffering, and other damages. However, there are many factors that affect your claim. It is important that you discuss your legal rights and options with an experienced car accident attorney, like those at Mike Slocumb Law Firm.
With multiple officeslocated throughout the state, as well as nationwide, Mike Slocumb Law Firm is known as one of the country’s leading personal injury law firms. From our office in Mobile, AL, we provide automobile accident victims and their families with aggressive, compassionate, and personalized legal representation. Our goal is to help you recover the full, fair amount you are owed, while also holding the negligent party accountable for the harm they have caused you and your family.
Talk to our Mobile car accident lawyers today at no cost; call (251) 309-4411 or submit an online contact form to request a free, confidential consultation.
Car Accident Laws Affecting Your Claim
There are several important laws you should know if you are injured in an auto accident in Mobile County or anywhere in Alabama.
Here, we’ve provided a brief overview of some car accident laws that could affect your claim:
- Alabama’s Tort System: Alabama is one of many states to follow a traditional tort-based system when it comes to motor vehicle accidents. Under this system, you typically must prove that someone else was to blame for your accident (and resulting injuries) to file a personal injury claim. You will likely need to identify the cause of the accident to determine who was responsible and, therefore, liable for your damages.
- Contributory Negligence: While most states follow a rule of comparative negligence, which allows people who are partly to blame for the accidents that led to their injuries to still file personal injury claims, Alabama follows a strict contributory negligence rule. Under this rule, you may not file a personal injury claim if you were even one percent at fault for the crash. If you are found to be at fault whatsoever for the accident, you cannot recover compensation.
- Statute of Limitations: The statute of limitations, or deadline for filing your car accident lawsuit, is just two years from the date of the accident/injury. If your loved one passed away due to injuries caused by a car accident, you have two years from the date of death to file your wrongful death lawsuit. There are very few exceptions to this rule. Generally speaking, if the statute of limitations expires before you file a lawsuit, you will lose your right to compensation.
- Damage Caps: Alabama has limits, or “caps,” on certain types of damages in car accident claims. When the liable party is a municipal entity or public employee, such as a law enforcement officer, you may only recover up to $100,000 in total damages, regardless of the true cost of your economic and non-economic losses. For punitive damages, the cap is set to three times the value of actual (compensatory) damages or $1,500,000, whichever is greater.
As your legal team, we can explain everything you need to know about your case, the law, and what to expect from the legal process. We want to make sure you have the information you need to make empowered decisions about your recovery and your future, which is why we are always happy to answer your questions and address any concerns you may have.
The Insurance Company is Not Looking Out for Your Best Interests
Insurance companies often employ various tactics to delay, reduce, or deny car accident claims, as a way to protect their bottom line. Here are some common strategies they use:
- Delaying the Claims Process: Insurers might intentionally prolong the claims process by asking for excessive documentation, repeatedly requesting the same information, or conducting lengthy investigations. This can pressure claimants to settle for a lower amount out of frustration or financial necessity.
- Disputing Liability: Insurance companies may challenge who is at fault for the accident, even if liability seems clear. By doing so, they can reduce the payout or deny the claim altogether. They might argue that the other driver or the claimant shares responsibility for the accident.
- Offering Lowball Settlements: A common tactic is to offer a settlement that is far below the actual value of the claim, hoping the injured party will accept a quick payout to avoid the lengthy claims process or financial strain.
- Questioning Medical Treatment: Insurers may scrutinize the claimant’s medical treatment, arguing that certain procedures or treatments were unnecessary, unrelated to the accident, or overly expensive. They could use this to reduce the amount they are willing to pay for medical bills.
- Using Pre-existing Conditions: If the claimant has a pre-existing condition, the insurance company may argue that the injuries sustained in the accident are not as severe as claimed or were primarily due to the pre-existing condition, reducing or denying the compensation.
- Claiming Missed Deadlines: Insurance companies may deny claims based on missed deadlines, such as failing to report the accident within the required time frame or not filing necessary paperwork by a certain date.
- Blaming the Victim: In some cases, insurers might argue that the claimant contributed to the accident or their injuries. This can result in a reduced settlement, especially in states that follow comparative or contributory negligence rules.
- Using Statements Against You: Insurance adjusters may use statements made by the claimant, often from recorded conversations, to twist or misinterpret facts, diminishing the severity of injuries or the other party’s responsibility.
- Stalling Negotiations: By dragging out settlement negotiations, the insurer may try to create financial pressure on the claimant, pushing them to settle for a lower amount to avoid going to court.
- Challenging the Severity of Damages: Insurers may argue that the damages to the vehicle or other property are less severe than reported, which can reduce the overall compensation for repairs or replacement.
At Mike Slocumb Law Firm, we understand how overwhelming it can be to deal with insurance companies after a car accident. Our experienced legal team is here to guide you through the process, ensuring that your rights are protected and that you receive the compensation you deserve.
We can help negotiate with insurance companies, gather evidence, and advocate on your behalf, so you don’t have to face these challenges alone. Let us handle the legal complexities while you focus on recovery.