Frequently Asked Questions (FAQs) – Mobile, Alabama
Accidents happen. The Centers for Disease Control and Prevention (CDC) reports that 38 million people nationwide seek emergency room care for an injury-related condition each year. If you were hurt in an accident, it is imperative that you know what to do to protect yourself, your rights, and your interests. It is entirely normal to have a lot of questions about what comes next. You need justice, accountability, and financial compensation to pay your bills and support your family.
At Roger Varner Injury Law, we are committed to fighting for the rights of people who need legal help the most—victims and families, not big insurance companies. Here, our Mobile personal injury lawyer answers some of the most frequently asked questions (FAQs) about personal injury claims, car accident claims, and workers’ compensation in Alabama. If you have specific questions about your rights or your options, please contact our law firm for a free, no obligation consultation.
Personal Injury in Mobile, Alabama: Frequently Asked Questions (FAQs)
Through a personal injury claim, an injured victim can hold the at-fault party legally liable for their damages. Were you hurt in an accident caused by the careless, reckless, or otherwise improper conduct of another party? You may be able to recover compensation for economic and intangible losses. That is not to say that bringing a personal injury claim is easy. The laws are complicated. Here are five frequently asked questions (FAQs) about personal injury claims in Mobile, Alabama:
To protect your rights after suffering an injury in a serious accident in Alabama, it is important to seek medical attention immediately, document the accident and your injuries, and consult with a personal injury attorney. Gathering evidence such as photographs, eyewitness statements, and police reports can help support your claim. It’s also important to keep track of any expenses related to the accident, such as medical bills and lost wages. An attorney can help you navigate the legal process and ensure that your rights are protected every step of the way.
The most accurate answer is that there is no”true” average personal injury settlement in Alabama — the reason being that each personal injury case is unique and the amount of damages awarded can vary greatly depending on the specific circumstances of the case. Factors such as the severity of the injuries, the negligence of the party responsible, and the cost of medical treatment can all play a role in determining the amount of damages awarded. Some damages that can be recovered in a personal injury claim in Alabama may include:
- Property damage;
- Medical expenses;
- Long-term medical care;
- Lost wages;
- Loss of earning power;
- Pain and suffering;
- Emotional distress;
- Disfigurement; and
- Wrongful death.
Most states have done away with the pure contributory negligence standard. However, Alabama stands out as a notable exception. In Alabama, contributory negligence is a legal doctrine that can prevent a person from recovering damages if they are found to have contributed to the cause of their own injuries. In other words, if an injured victim is found to have been even slightly at fault for the accident, they will be barred from receiving any compensation for their damages. This is a harsh rule compared to most other states, which follow a comparative negligence standard that still allows injured victims to make a partial recovery in this scenario.
A statute of limitations is a legal time limit within which a person must file a lawsuit. For most types of personal injury claims in Alabama, the statute of limitations for personal injury cases is two years from the date of the accident. In effect, this means that a person has two years from the date of the accident to file a lawsuit in order to seek compensation for their injuries. If they fail to do so within this time frame, they may be barred from recovering damages. It is vital to keep in mind that while the statute of limitations is two years, it’s always recommended to act as soon as possible, as evidence and testimony may become harder to come by as time goes by. Consult with a Mobile, AL personal injury attorney as soon as possible after a serious accident.
The answer is “it depends”—but probably not. The vast majority of personal injury cases settle before they go to trial. According to the Bureau of Justice Statistics (BJS) as few as two percent of personal injury cases actually go to trial and result in a verdict. Why? The reason is that most cases are settled out of court through negotiations between the parties involved. However, even if a case settles out of court, the plaintiff may still be required to give a deposition, which is a recorded statement given under oath that can be used in court if the case goes to trial. Still, you do not have to be worried about this part of the claim process. An experienced Mobile, AL personal injury attorney can advise on all matters related to your case and help understand the best way to prepare for a deposition and/or formal testimony should either become necessary.
Car Accidents in Mobile, Alabama: Frequently Asked Questions (FAQs)
Motor vehicle collisions are consistently a leading cause of accidental injuries in our region. You may be a safe, attentive driver, but there remains a serious risk that you could be hurt in a major crash. Indeed, insurance industry claims data shows that the average U.S. driver is involved in four reportable accidents during their lifetime. The Alabama Department of Transportation reports that there were 159,102 accidents in the state in 2019 alone. Added together, these collisions resulted in more than 46,000 injuries. Unfortunately, many of those injuries were severe. You need to know how to protect yourself and navigate the claims process after a serious car accident. Here are five frequently asked questions (FAQs) about car accident injury claims in Mobile, Alabama:
After a car accident, it is important to take steps to protect your rights and ensure that you are able to receive fair compensation for any injuries or damages you may have sustained. Here are five key steps you should take in Mobile, Alabama:
- Stop Your Vehicle: Alabama law requires all motorists involved in an accident to stop their vehicle and exchange information with other parties involved in a crash. The failure to do so could result in criminal charges for a hit and run collision.
- Notify Law Enforcement: As a general rule, you should contact state or local law enforcement as soon as possible after a serious collision. You may want to call the Mobile Police Department. Mobile County Sheriff’s Office, and another agency.
- Seek Medical Attention: Your health and well-being should be your first priority. You need to see a doctor after a crash. Make sure to document any injuries or symptoms you experience and keep track of any medical treatment you receive. You cannot bring a successful car accident injury claim in Alabama unless you have seen a doctor.
- Document the Accident: Take photographs of the accident scene and the vehicles involved, and make note of any relevant details such as the weather conditions, time of day, and road conditions. Gather contact information for any witnesses to the accident, as well as the insurance information for the other driver(s) involved. The more evidence you have, the better off you will be.
- Contact a Mobile Personal Injury Attorney: Be sure to speak to a Mobile car accident lawyer before you give any statement to an insurance carrier. Remember, insurance adjusters are not on your side. An attorney can help you navigate the legal process, gather evidence to support your claim, and negotiate with the insurance companies on your behalf.
It is highly recommended that you see a doctor after a motor vehicle collision, even if you do not feel injured. Some injuries, such as whiplash, may not be immediately apparent, and it is important to have a medical professional evaluate your condition to ensure that you receive the proper treatment. Additionally, in Alabama, in order to bring a claim for personal injury, you will need to have medical records to demonstrate that you were injured as a result of the collision.
Car crashes can happen for a wide range of different reasons. Some of the most common causes of motor vehicle collisions in Mobile include:
- Rear-End Collisions: These occur when one vehicle crashes into the back of another.
- Head-On Collisions: These occur when the front of one vehicle crashes into the front of another.
- Side-Impact Collisions: Also called T-bone collisions, these occur when the side of one vehicle is hit by another.
- Single-Vehicle Accidents: These occur when only one vehicle is involved in the accident, such as when a car runs off the road and crashes into a tree or a building.
- Rollover Accidents: These occur when a vehicle tips over onto its side or roof.
- Speed-Related Crashes: Speed contributes to a significant share of collisions.
- Distracted Driving Accidents: Distracted driving is dangerous driving; it can cause severe crashes.
- Drunk Driving Accidents: Unfortunately, intoxicated driving remains a serious safety problem in Alabama. DUIs are a factor in more than one-third of fatal crashes.
It depends on the specific circumstances of your case. The amount of compensation you can recover in a car accident injury claim will depend on the actual damages you have sustained as a result of the accident. Some of the types of damages that can be recovered include:
- Medical expenses, including the cost of past, present, and future medical treatment;
- Lost wages, including the income you have lost as a result of being unable to work due to your injuries;
- Pain and suffering, including physical pain, emotional distress, and loss of enjoyment of life;
- Long-term disability, disfigurement, and/or permanent impairment.
- Property damage, including the cost of repairs or replacement of your vehicle; and
- Punitive damages, which may be awarded in cases of gross negligence or intentional misconduct.
Yes, you can afford to hire a Mobile, AL auto accident attorney. Roger Varner Injury Law represents injured victims on a contingency fee basis, which means that you will not have to pay any attorney’s fees unless we win your case. This means that there is no financial risk for you in hiring an attorney to represent you. The attorney’s fee will be a percentage of the settlement or judgment you receive. If there is no recovery, you won’t have to pay the attorney’s fee. In addition, we offer free initial consultations to car accident victims. During this time, our team will evaluate your case and explain your legal options. You never have to worry about upfront fees or out-of-pocket costs.
Workers’ Compensation in Mobile, Alabama: Frequently Asked Questions (FAQs)
Were you hurt on the job in Mobile? It is imperative that you know what to do to protect yourself, your rights, and your future. As explained by the Alabama Department of Labor, any business or organization that operates in the state must have workers’ compensation insurance for its staff if that employer has five or more total employees. Workers’ compensation is a “grand bargain”—benefits are available to injured workers on a no-fault basis, but a workers’ comp claim is the sole remedy that injured employees have against their own employers. Navigating the workers’ comp claims process can be challenging. Here are five frequently asked questions (FAQs) about workers’ compensation claims in Mobile, Alabama:
Hurt in a work accident in the Gulf Coast region of Alabama? Covered by workers’ compensation? Here are four key steps that you should take to protect yourself:
- Seek Medical Care: Seek medical care as soon as possible. All work-related injuries should be evaluated by a qualified doctor.
- Notify Your Employer (Supervisor or HR): Notify your supervisor (or Human Resources) as soon as possible to let them know what happened. In Alabama, notifying your employer is a required step to file for workers’ comp benefits.
- Document What Happened: Record what happened, including the date, time, and details of the accident, as well as the names of any witnesses. It is best to have as much information as possible.
- File for Workers’ Comp: Assuming you are covered, obtain and complete the required claims form needed to file for workers’ compensation benefits.
In Alabama, workers’ compensation benefits are available to employees who are injured or become ill as a result of their job. These benefits can include:
- Medical Expenses: Workers’ comp will cover the cost of all reasonable and necessary medical treatment related to the work injury or illness, including hospital stays, doctor visits, physical therapy, and prescription medication.
- Wage Replacement: If an employee is unable to work due to their injury or illness, they may be eligible for wage replacement benefits. These benefits are typically calculated based on a percentage of the employee’s average weekly wage and can continue for a limited period of time, depending on the severity of the injury. For most workers, it is two-thirds their average weekly wage prior to the incident.
- Permanent Partial Disability: If an employee has a permanent impairment as a result of their injury, they may be eligible for benefits to compensate for the loss of their ability to earn a living.
- Permanent Total Disability: In cases where an employee is unable to return to work due to the severity of their injury, they may be eligible for permanent total disability benefits, which provide a lifetime income.
- Death Benefits: If an employee dies as a result of a work-related injury or illness, their dependents may be eligible for death benefits, which can include a lump sum payment and ongoing benefits.
No, an employer cannot fire or punish an employee for filing for workers’ compensation in Alabama. It is illegal for an employer to discriminate or retaliate against an employee for filing a workers’ comp claim or for exercising their rights under the workers’ compensation laws.
As noted previously, workers’ compensation provides no-fault benefits to covered employees who were hurt on the job in Alabama. Unfortunately, that does not always mean that it is easy for injured workers to bring a successful claim. Was your workers’ comp claim denied? As frustrating of an experience as that can be, it does not mean that you are out of options. Consult with a Mobile, AL workers’ comp appeal attorney right away. Your lawyer can determine the best course of action.
Yes. In Alabama, workers’ compensation is only an exclusive legal remedy in regards to one’s own employer. You always have the right to file a personal injury lawsuit against a negligent third party, such as a contractor, subcontractor, property owner, or equipment manufacturer.
Schedule a Free Consultation With a Mobile, AL Personal Injury Lawyer Today
At Roger Varner Injury Law, our Mobile personal injury attorney is an experienced, aggressive, and justice-driven advocate for victims and families. With experience handling the full range of injury cases—from car crashes to workers’ compensation—we are here to protect your rights and interests every step of the way. Call us at (833) 482-7637 or connect with us online to arrange your free, no commitment case review. With an office in Mobile, we serve communities throughout the area, including in Mobile County, Baldwin County, Washington County, and Clarke County.