Huntsville Car Accident Lawyer

For over three decades, the Huntsville personal injury lawyers at McCutcheon & Hamner have successfully secured substantial compensation for accident victims in Athens and across northern Alabama.

Our personal injury law firm is here to assist with your case and offer our assistance. We understand the profound consequences of accidents on individuals and their loved ones.

If your injury results from someone else’s negligence, you deserve comprehensive and just compensation. Contact us today and hear how we can help you.

Filing a Car Accident Claim in Alabama

Each state has laws governing how to process car accident claims. Alabama is an at-fault insurance state, also known as a tort state, which means the at-fault driver and their insurance company must cover the cost of the other driver’s accident-related damages in the event of a car accident.

Alabama requires all drivers to purchase at least $25,000 in bodily injury liability insurance per person, $50,000 per accident (if more than one person was injured), and $25,000 for property damage per accident.

So, if the other driver caused your accident, you would file a claim against that driver’s liability insurance for compensation for any medical expenses related to your injuries. For this reason, you must get the other driver’s name and insurance information to file a claim.

You are also required to report the accident to your own insurance company. Depending on the severity of your accident and the terms of your policy, you may be able to receive additional compensation through your own insurance company. Most insurers let policyholders file claims by phone, through a mobile app, or online.

Insurance companies like to settle auto accident claims quickly and will likely make you a settlement offer before you have had an opportunity to contact a lawyer.

Only accept an offer from an insurance company after consulting a car accident attorney. The money the insurance company offers may only cover some of your damages. If you accept their settlement, you cannot ask for more if your injuries require more treatment or you are out of work longer than expected.

What Insurance Coverage May Compensate You for an Automobile Accident?

Various types of insurance cover most drivers under state-mandated laws requiring auto insurance. Therefore, when car accidents occur, claims are made against insurance carriers.

Clients often ask our firm questions about the different types of auto insurance because many people need clarification about what their insurance covers and what triggers that coverage.

Here is an overview of the coverage that may come into play in a car accident case:

• Liability insurance covers another person’s medical bills or auto damage because of your negligence. Alabama requires this insurance, which covers a specific car.
• Collision insurance will repair your vehicle if you collide with another object, regardless of fault.
• Comprehensive insurance is similar to collision coverage. It pays for your car after fire, theft, or glass breakage, regardless of fault.
• Uninsured motorist insurance follows both the car and driver for personal injury. If an uninsured driver injures you or someone in your car, this coverage pays for the medical bills and other losses. It also generally covers any coverage of damages in the event your damages exceed the at-fault driver’s coverage.
• Medical payment insurance is part of an auto policy. It helps cover the medical bills of you and other occupants within the insured vehicle, regardless of fault.Negligence on the part of a driver causes most car accidents, such as speeding, through stop signs, running red lights, driving while texting or using a cell phone, or driving under the influence of alcohol and/or drugs. These behaviors place liability for damages on the negligent driver and, thus, their insurance carrier.

The Car Accident Claims Process in Alabama

Once you make a report with the insurance company, they will investigate the accident, which will likely involve a review of the police report and your medical records. They will calculate a value for your damages and make you a settlement offer based on this amount.

Their offer might include compensation for medical bills and possibly lost income if you were out of work during your recovery. They may also offer a small amount of pain and suffering. But insurers base this compensation on an investigation that merely skims the surface.  

When you retain a car accident lawyer from McCutcheon & Hamner, we will take the time to understand just how much the accident has affected your life.

We will review your medical records and learn whether future treatment is needed, how your injuries affect your ability to work and earn income, what equipment or services you may need at your home to perform daily activities, and the impact your injuries have on your family. This gives us a better idea of the damages you can claim.

Once you make a report with the insurance company, they will investigate the accident, which will likely involve a review of the police report and your medical records. They will calculate a value for your damages and make you a settlement offer based on this amount.

Their offer might include compensation for medical bills and possibly lost wages or income if you were out of work during your recovery. They may also offer a small amount of pain and suffering. But insurers base this compensation on an investigation that merely skims the surface.  

When you retain a car accident lawyer from McCutcheon & Hamner, we will take the time to understand just how much the accident has affected your life.

We will review your medical records and learn whether future treatment is needed, how your injuries affect your ability to work and earn income, what equipment or services you may need at your home to perform daily activities, and the impact your injuries have on your family. This gives us a better idea of the damages you can claim.

Compensation Available to Huntsville Car Accident Victims

Personal injury victims may be eligible to recover compensation for various damages. These damages are often divided into two categories—economic and non-economic.

Economic damages

Economic damages represent the financial losses you suffered due to your accident.

Examples include:

• Current and future medical expenses for treatments, hospitalization, medication, rehabilitation, etc. 
• Durable medical equipment or prostheses
• Lost income and benefits
• Loss of future earnings
• Modifications to your home or vehicle
• Property damages
• Funeral and burial or cremation expenses if the accident resulted in wrongful death

Non-Economic damages

Non-economic damages are non-financial losses, often described as pain and suffering damages.

Examples include:

• Pain and suffering
• Mental anguish
• Disfigurement
• Scarring
• Loss of enjoyment in life
• Loss of companionship 

How Our Car Accidents Lawyers Handle Injury Claims

When you retain the legal services of McCutcheon & Hamner, our lawyers will start immediately on your car accident claim.

Some actions we may take include:

Investigate Your Accident

Our lawyers will investigate your car accident claim to build a strong case on your behalf. Our investigation usually includes a review of the police report, your medical records, and any other evidence. We will determine the strength of your case and advise you on the next steps.

Identify All Liable Parties

Sometimes you can hold multiple parties liable in a car accident case. For example, you can hold a trucking company liable for negligent hiring if one of their inexperienced drivers caused your accident. A bar could be held liable for knowingly serving a visibly drunk person who then got behind the wheel and collided with your car. Our lawyers will pursue compensation against all liable parties to maximize your compensation. 

Value Your Claim

Our lawyers will take the time to understand how much your accident has affected your life and your family’s life. We will consider all forms of economic and non-economic losses you suffered to get a more accurate picture of what your claim is worth. 

We can value your claim once we know all the damages you and your family suffered. Economic damages are more straightforward as they have a dollar value.

However non-economic damages are more subjective and thus more difficult to calculate. Our lawyers usually calculate non-economic damages using the multiplier or per diem methods.

The multiplier method multiplies your economic damages by a number. The more severe the injuries, the higher this multiplier. The per diem method sets a value based on a daily rate, such as your daily income. Once our lawyers calculate the value of your injury claim, we will present the insurance company with a demand for compensation.

Insurance Companies Calculate Damages Differently

Insurance companies generally use a software program to calculate damages in accident claims. These programs usually require the insurance adjuster to input information such as your injuries and other accident details. The program then calculates a monetary range, which the adjuster uses to make your settlement offer. 

Unfortunately, there are numerous flaws in this system. The software doesn’t necessarily anticipate all the issues that may arise, such as whether you need additional medical treatments, ongoing care, or the emotional impact the accident had on your life.

Our personal injury lawyer knows how to calculate the full value of your damages and fight for maximum compensation on your behalf.

Negotiate with the Insurance Companies

We won’t accept a lowball offer from the insurance company. Our lawyers are skilled negotiators and know how to sift through the tactics insurers use to skirt their responsibility to make you whole again. We will negotiate until we reach a fair settlement. And if the insurance company refuses to make a fair offer, we will file a personal injury lawsuit and take them to court. 

Represent You in Court

If you choose to pursue legal action, we will file your car accident case in civil court before Alabama’s statute of limitations. Sometimes just filing a lawsuit with the court prompts the insurance company to make a fair offer.

Trials are time-consuming and costly, so most personal injury cases settle before they reach the courtroom. If your case goes to trial, we can aggressively represent you in court and advocate for full and fair compensation.

What Is the Deadline for Filing a Car Accident Lawsuit in Alabama?

Alabama has a two-year statute of limitations for filing a car accident claim based on negligence. The clock begins running on the date of your injury. You cannot pursue compensation through the court system if you miss the deadline.

Limited exceptions may shorten or lengthen this deadline, so talk with an attorney as soon as possible after your accident so you meet every critical deadline. The sooner you contact the car accident lawyers with McCutcheon & Hamner, the sooner we can build a strong case on your behalf.