Florence Personal Injury Lawyers

Do I Need a Lawyer for My Personal Injury Claim?

When you hire a personal injury lawyer from McCutcheon & Hamner, you can rest assured that all legal aspects of your case are being handled by a professional and that we have your best interests at heart. We will build a strong case to help you get the financial recovery you and your family need and deserve. We will begin right away by taking actions such as the following: 

Investigate Your Accident

Your personal injury lawyer will thoroughly investigate your accident by reviewing the evidence in your case, including the accident report, medical records, photos from the accident scene, and eyewitness testimony. A thorough investigation provides the evidence we need to convince the insurance company—and, if needed, the jury—to fully compensate you for your damages.

Identify All Liable Parties

Accidents can be complex, especially if they result in catastrophic injuries or death. Your lawyer will review all the evidence in your case to identify all liable parties. For example, a government agency may be held liable for not properly maintaining the street if a road hazard causes you to lose control of your vehicle. Or, a trucking company may be liable for negligent hiring if an inexperienced truck driver crashes into your vehicle. In some cases, multiple parties may be at fault, from whom you may seek compensation for your losses. 

Value Your Claim

Some of the best initial advice we give injured victims is to not accept an offer from an insurance company without first talking with a personal injury lawyer. Insurance companies are notorious for offering fast settlements to settle claims. But these offers don’t fully compensate victims for all their accident-related damages. Insurance companies hope accident victims will accept their offers without obtaining legal representation. But in doing so, injured victims end up leaving money on the table—financial compensation they and their families need and deserve. 

If you accept an offer from the insurance, you cannot go back and ask for more money if your injuries require more extensive treatment than you initially thought or you’re out of work longer than expected. Your personal injury lawyer will consult with you, your family, and your doctor to determine the full impact your injuries have had on your life and the life of your family—now and in the future. And we will determine a more accurate value for your claim. 

Damages Available in Personal Injury Cases

Damages are the losses you sustained as a result of your accident injuries. Damages are usually divided into one of two categories—economic and non-economic.

Economic damages represent monetary losses for which you can show an actual value, such as:

• Medical bills for surgeries, medical procedures, hospitalizations, medication, rehabilitation, etc. 
• Future medical needs
• Modifications to your home
• Equipment for mobility
• Property damage

If your accident-related injuries prevent you from working, you may be able to recover compensation for damages such as: 

• Lost wages or income 
• Loss of future income if you cannot return to work in the same capacity as before the accident

Non-economic damages represent non-monetary losses, often described as pain and suffering. These types of damages are more subjective and, as a result, more difficult to value. Depending on your injuries, you may be entitled to non-economic compensatory damages such as:

• Physical pain and discomfort
• Emotional distress 
• Mental anguish and trauma
• Disfigurement and scarring
• Decrease in quality of life
• Humiliation 
• Disabilities and permanent impairments 

In Alabama, a spouse may also recover compensation for loss of consortium if the injured person is unable to provide the same marital relationship to their partner as they did before the accident.

Since non-economic damages are more difficult to calculate, we usually rely on one of two methods to come up with a value for your claim—the multiplier method or the per diem method.

• The multiplier method multiplies economic damages by a number between 1.5 and 5. The more severe the injuries, the higher the multiplier number. 
• The per diem method is a daily value based on a daily rate, such as the injured person’s income. 

Insurance Companies Calculate Damages Differently

Insurance companies use computer programs to calculate damages in accident claims. There are several different types of claims software, but they all work essentially the same. The insurance adjuster inputs data about the accident and the injuries into the software, and the program spits out a value range. The adjuster usually makes an offer to the injured victim based on this range. 

 There are many flaws with these one-size-fits-all programs, which causes them to spit out numbers that sorely undervalue the actual damages injury victims suffer. These programs overlook details such as specialized medical treatments, ongoing care, modifications to the home, or the emotional impact the accident has on the accident victim and their family. Your personal injury lawyer will more accurately value your claim to improve your chances of recovering maximum compensation for all your damages.

Negotiate with the Insurance Company for a Fair Settlement

Negotiation skills are one of the biggest assets an experienced attorney can bring to an accident claim. Your personal injury attorney is comfortable going up against insurers. Your attorney will reject that initial lowball offer and present evidence to support a demand for more accurate compensation. The insurance company will likely make a counteroffer. 

 Your lawyer will negotiate with the insurance company until a fair settlement is reached. Some insurance companies simply refuse to play fair. In those circumstances, we may recommend that you file a personal injury lawsuit seeking full financial recovery for your damages. 

Represent You in Court

If you decide to move forward with a personal injury lawsuit, your lawyer will file your case in civil court before the deadline. Alabama’s statute of limitations for negligence-based personal injury lawsuits is two years from the date of the injury. If you miss this deadline, you will be unable to recover compensation through Alabama’s court system. 

 Most personal injury cases—roughly 95%—settle before they reach the courtroom. Insurance companies prefer to avoid going to court if possible because trials are time-consuming and expensive. And sometimes, filing a lawsuit is enough to prompt them into making a fair offer. Your lawyer will continue to negotiate with the insurance company for a fair settlement.  

If your personal injury case is one of the few to make it to the courtroom, your Florence personal injury lawyer will aggressively and professionally represent you in court and advocate on your behalf for full compensation.