If you or your loved one has become injured because of another person’s negligence, you may be able to hold them liable under Alabama personal injury laws. In Alabama, victims who have been injured because of another person’s negligence, recklessness, or intentional behavior can recover economic and non-economic damages. Some of the most common personal injury cases include motor vehicle accidents, workplace accidents, medical malpractice, nursing home abuse, defective products, and wrongful death.
Every Personal Injury is Unique
You may be wondering how much your case is worth and whether it is worth pursuing a lawsuit. Every case is unique, and it is important that you discuss your case with an experienced attorney who can give you a realistic estimate of the value of your potential settlement or personal injury award. The facts that led up to the accident that resulted in your injuries, the parties involved, and the accident’s impact on your day-to-day life will all factor into your case’s value.
The Severity of Your Injury is a Major Factor
When it comes to valuing your case, the more severe your injuries, the higher the potential value of your personal injury claim. The victim’s injuries will directly impact the financial losses sustained by the victim. For example, suppose someone experienced a spinal cord injury after a drunk driver collided with them. The victim can no longer work as a construction worker due to their injuries. In this case, their injuries are severe and will require surgery, extensive rehabilitation, and ongoing, intense medical care. This type of catastrophic injury will drastically increase the value of the claim. Victims who experience spinal cord injuries can face millions of dollars in medical and care expenses over their lifetime. Common financial damages include:
- Past and current medical expenses
- Travel expenses to and from medical appointments
- Loss of income
- Medications and medical equipment
- Help with household chores
- The cost of personal care
- Physical and emotional therapy
- Damage to property
- Durable medical equipment
In addition to the economic damages of serious injuries, victims can also suffer non-economic damages. Non-economic damages are not as easy to quantify as economic damages like medical expenses and lost income. It is difficult to value a person’s pain and suffering. Sometimes non-economic damages are calculated by using a multiplier or per diem based on the severity of the injuries.
The economic damages are multiplied by the multiplier, which increases as the severity of the injuries increase. Per diem values are calculated by multiplying the number of days between the accident that caused the injuries and when the victim is released from medical care.
Did You Sustain a Permanent Injury?
Those who have suffered a permanent injury may be entitled to additional compensation, making their claim more valuable. Damages related to permanent disabilities and impairments include:
- Disfigurement and scarring
- Emotional and mental suffering
- Physical pain
- Loss of enjoyment or quality of life
- Loss of future income
- Decreased earning potential
- Pain and suffering
The value of the financial damages for someone with a permanent impairment is typically based on expert witness testimony. Medical and financial experts will use their knowledge to estimate the cost of future damages based on the person’s age, life expectancy, disability, career, education, skills, and other factors.
The Amount of Insurance Available
Many personal injury claims involve insurance policies. In Alabama, victims can seek compensation from the at-fault party’s liability insurance carrier. However, the insurance company will only be liable to pay up to the policy limits. The at-fault party may not have enough insurance coverage to pay the entire value of your claim.
There may be other options to obtain the difference in coverage, including filing your own uninsured or underinsured driver claim. You may be able to bring a lawsuit directly against the at-fault party or his or her employer, depending on the facts of your case. An attorney can help you determine the most effective strategy to obtain the compensation you deserve.
Contact an Alabama Personal Injury Attorney Today
Pursuing a claim after being seriously injured may seem overwhelming for many. However, as the victim of a personal injury accident, you only have a limited amount of time to pursue damages. We recommend discussing your case with an attorney as soon as you can. Doing so will help you understand the estimated value of your claim and ensure that you do not miss the filing deadline. An attorney can also help you negotiate with the insurance company. Contact the Alabama personal injury attorneys at Heninger Garrison Davis today to schedule your free initial consultation.