There’s no average settlement for personal injury in Alabama since each person’s situation is so different. The compensation you qualify to recover will reflect how the accident has affected your life. Your injuries, medical expenses, the type of case you’re bringing, your role in the incident, and how negotiations go will all factor into your settlement.
If you’re not sure where to begin when it comes to building your personal injury claim, you may want to turn to the Alabama personal injury lawyer from our firm. He can assess the circumstances of what happened, as well as seek appropriate compensation on your behalf.
What May Affect Your Personal Injury Settlement in Alabama
Before your attorney determines what a fair settlement would look like for you, he will look at various factors, such as:
The Nature of Your Case
Depending on the type of case you have, there are numerous factors that will affect your settlement amount. Issues with liability, the different forms of damages you’re eligible to receive, and relevant laws will impact the settlement. We have clients who have been involved in a plethora of incidents resulting in injuries, including:
- Car accidents
- Truck accidents
- Medical malpractice
- Nursing home abuse
- Premises liability, such as slip and fall and dog bites
- Workers’ compensation
Each of these requires a unique approach to investigate, as well as gathering evidence to make your case.
Your Injuries and Medical Care
In general, the more significant the injuries you suffer, the more extensive your medical care will be, and the higher you can expect your personal injury settlement to be. It goes the same way with your working ability. The longer you’re out of work for your injuries, the more you may be entitled to recover. It’s common for us to see clients who are dealing with these injuries:
- Sprains and strains
- Traumatic brain injuries (TBI)
- Internal bleeding
- Soft tissue injuries
- Spinal cord injuries
- Burns
- Broken bones
How you go about seeking treatment for your severe injuries can play a role in the damages you recoup. That is, if you wait to see a doctor after the incident, not only could this impede your health, but it could also risk your eligibility to obtain the compensation you deserve. The insurance company may try to blame you or something else for your injuries instead of the accident.
Alternatively, they could say you made your injuries worse by delaying treatment. Therefore, they shouldn’t be the ones to pay for it. If you get medical attention as soon as you know of your injury or the possibility of one, it’ll be easier to connect it to the accident, ultimately protecting your right to hold the liable party accountable for your losses.
Your Role in the Incident
For you to bring a case against another party, you must prove they are 100% responsible for the incident that caused your injuries. Alabama is one of four states that keeps personal injury victims from pursuing compensation if the evidence shows that they contributed to what happened.
Settlement Negotiations With the Insurance Company
Once you’ve built your case against the liable party, you and/or your personal injury lawyer will demand a settlement from the insurance company. It’s not uncommon for insurance adjusters to initially devalue your claim and fail to offer you fair compensation to cover your damages. In that case, you can start negotiating a higher amount.
In general, both sides can come to an agreement. However, if the insurer doesn’t cooperate, going to trial may be the next move. It’s expensive and time-consuming, though, so the insurance company may settle the case if they see a court date on the calendar. Still, if it’s what makes the most sense for your case, our attorney will not hesitate to prepare for trial.
Possible Recoverable Damages in an Alabama Personal Injury Settlement
Just like the amount of compensation you can recover, the forms of compensation you can recover will depend on the unique details of your situation. However, based on our experience, personal injury clients tend to be eligible to obtain these types of damages:
- Medical bills: You could accumulate costs for past and future medical treatment, accounting for surgeries, medications, imaging tests, doctor’s appointments, assistive medical equipment, and physical therapy.
- Loss of income: If you had to take some time off work to rest, it’s possible that you weren’t able to earn your salary, hourly pay, commissions, tips, bonuses, business opportunities, and employee benefits.
- Future loss of earning potential: If your injuries keep you from working at the same job or capacity, or you’re unable to return for the time being, compensation can make up for the loss of pay.
- Pain and suffering: The pain and discomfort your injuries cause could harm your quality of life.
- Property damage: If you were involved in a traffic accident and your vehicle was damaged, you could request a financial recovery for its repair, or, in some cases, replace it if it was totaled.
- Mental anguish: Getting hurt in any type of accident can cause emotional distress and mental trauma, manifesting as anxiety, sleeplessness, and phobias.
Note that as the injured party, you may be entitled to other types of economic and non-economic damages, such as loss of enjoyment of life. Our accident lawyer can determine what they are after they review your case.
Not Filing Your Lawsuit Within Alabama’s Deadline Will Impact Your Settlement
It’s crucial for you to be aware of the time constraints the state puts in place. When filing a personal injury lawsuit, AL Code § 6-2-38 typically enforces a two-year deadline to take action. You may have more time if you qualify for an exception, but they’re rare.
The sooner you get to work on your lawsuit, the better chance you have of meeting the deadline. If you don’t, the state may bar you from seeking compensation from the other party, leaving you to cover everything you were asking for in your settlement. However, if you tell our legal team about your case soon enough, we can help ensure you don’t miss the deadline.
How Our Lawyer Can Help You Obtain a Fair Personal Injury Settlement
Figuring out what a fair amount of compensation you can recover while you’re trying to heal and move on from the accident can make the situation even more overwhelming. However, if you hire our personal injury attorney to take care of all things regarding your case, it’ll enable you to get proper rest and focus on getting better.
You can expect him to perform these functions on your behalf:
- Building your case based on strong evidence
- Naming all the responsible parties involved
- Communicating with the insurer
- Fighting for a settlement
- Taking your case to trial, if need be
Your attorney will provide you with current updates and promptly answer your questions, so you always know what’s going on. He will offer all these services to you on a no-win, no-fee basis.
Work With Our Team to Secure a Fair Alabama Personal Injury Settlement
The Law Office of Dwayne L. Brown isn’t concerned about the average settlement for personal injury in Alabama. We want to focus on what you need to get your life back. We have more than 30 years of experience and obtained $100,000,000+ in settlements and verdicts.
Reach out to us today for a free consultation.
