Athens Car Accident Lawyer

Since 1988, the Athens car accident attorneys at McCutcheon & Hamner have worked tirelessly for the rights of accident victims in Athens and throughout north Alabama. With more than 30 years of combined legal experience, we have a deep knowledge of personal injury laws and extensive experience negotiating with insurance companies.

Trust us with your car accident case, and we’ll provide you with the peace of mind of knowing a legal professional is handling your claim and advocating for full and fair compensation on your behalf. 

Do I Have a Car Crash Case?

Negligence is a legal concept that refers to a person’s failure to exercise reasonable care, resulting in harm or injury to another person. In the context of personal injury law, negligence is the foundation for most claims, as it establishes that the defendant’s actions or inactions directly caused the plaintiff’s injuries.

For a personal injury claim to be successful, the plaintiff must prove that the defendant was negligent. This is done by establishing four key elements: duty of care, breach of duty, causation, and damages.

In the case of a car accident, the four elements of negligence are applied as follows:

1. Duty of care: Every driver has a legal obligation to operate their vehicle in a reasonably safe manner, following traffic laws and considering the safety of others on the road. This duty of care is owed to all other road users, including drivers, passengers, pedestrians, and cyclists.
2. Breach of duty: The plaintiff must demonstrate that the defendant breached their duty of care by acting in a way that a reasonably prudent person would not have under similar circumstances. Examples of breach of duty in a car accident may include speeding, running a red light, driving under the influence, or texting while driving.
3. Causation: The plaintiff must prove that the defendant’s breach of duty directly caused the car wreck and the resulting injuries. In other words, the plaintiff must show that if it weren’t for the defendant’s negligent actions, the accident and injuries would not have occurred.
4. Damages: Lastly, the plaintiff must have suffered actual damages, such as physical injuries, property damage, medical expenses, lost wages, or pain and suffering. The plaintiff must provide evidence of these damages to recover compensation from the defendant.

If all four elements of negligence are successfully established, the plaintiff is likely to have a strong car accident case and may be entitled to compensation for their losses. However, the specific laws and procedures related to negligence and personal injury claims can vary by jurisdiction, so it is essential to consult a qualified attorney to assess the merits of a particular case. 

How Our Car Accidents Lawyers Handle Injury Claims

When you hire a lawyer with McCutcheon & Hamner, we will begin right away on your car accident claim. Some actions we may take include:

Provide a Free Initial Consultation

The process usually begins with an initial consultation where you discuss the details of your accident with our attorney. They will ask questions to gather relevant information about the accident, injuries sustained, and damages incurred. This helps us understand the case better and assess its strength. 

Investigate Your Accident

Our car accident attorney will conduct a thorough investigation to gather evidence supporting your claim. They may collect police reports, eyewitness testimonies, accident scene photographs, medical records, and any other relevant documentation that can strengthen your case.

Identify All Liable Parties

Your lawyer will assess the facts and circumstances surrounding the accident to determine all parties who may be held liable. For example, if an inexperienced truck driver caused your accident, the trucking company that hired him may be held liable. We will seek compensation from all liable parties, further maximizing your compensation.

Value Your Claim

Unlike insurance adjusters who generalize your injury under a simple value, your attorney will assess the full extent of your damages, including medical expenses, property damage, lost wages, pain and suffering, and other related losses. They consider current and future damages and the impact of your injuries on your loved ones to determine a fair and comprehensive compensation amount.

Damages that may be available to car accident victims include

In a car accident claim, various types of damages may be available to the plaintiff, depending on the specific circumstances of the case and the jurisdiction in which the claim is filed. The main categories of damages include:

• Medical expenses: Compensation for past, present, and future medical costs related to the accident, such as hospital bills, surgery, medication, physical therapy, and medical equipment.
• Lost wages or income: Reimbursement for income lost due to time off work as a result of the accident, as well as compensation for any future loss of earning capacity if the injuries have a long-term impact on the plaintiff’s ability to work.
• Property damage: Compensation for the cost of repairing or replacing the plaintiff’s vehicle and any other personal property damaged in the accident.
• Pain and suffering: Non-economic damages that compensate the plaintiff for the physical pain, emotional distress, and mental anguish experienced due to the accident and resulting injuries.
• Loss of enjoyment of life: Compensation for the negative impact the injuries have had on the plaintiff’s ability to participate in activities they enjoyed before the accident.
• Loss of consortium: Damages awarded to the plaintiff’s spouse for the loss of companionship, support, and intimate relationship due to the injuries sustained in the accident.

The specific damages available and the amount of compensation awarded will depend on factors such as the severity of the injuries, the extent of the plaintiff’s losses, and the strength of the evidence supporting the claim. An experienced personal injury attorney can help assess the potential damages in a given case and work to secure fair compensation for the plaintiff.

Negotiate With Insurance Companies

As your personal injury lawyers, we will act as intermediaries between you and the insurance companies involved. We will handle all communication, including submitting the claim, negotiating with the insurance adjusters, and advocating for fair compensation on your behalf.

Our experience dealing with insurance companies protects your rights and recovers the compensation you deserve. If the insurance company refuses to offer a fair settlement, your auto accident attorney may advise you to file a personal injury lawsuit in civil court.

Represent You in Court, if Necessary

If the case goes to court, your attorney will represent you during litigation. We will present your case, examine witnesses, cross-examine the opposing party’s witnesses, and argue for your rights before a judge and jury.

Throughout the process, we work diligently to protect your interests, ensure you understand your legal options, and strive to secure the best possible outcome for your claim.

Filing a Car Accident Claim in Alabama

When we say that Alabama is an at-fault insurance state for car accidents, it means that the person responsible for causing the accident is also responsible for covering the resulting damages and injuries. In other words, the at-fault driver’s insurance company typically must pay the expenses related to the accident, such as vehicle repairs, medical bills, and other losses.

 In an at-fault system, the insurance companies of the drivers involved in the accident will generally investigate the circumstances and determine fault or primary responsibility for the collision. The at-fault driver’s insurance company will then handle the claims and compensate the other party or parties involved up to the policy’s limits.

 Alabama law requires all drivers to carry minimum liability insurance to cover potential damages they might cause in an accident. This insurance coverage protects individuals and property affected by accidents and ensures victims can receive compensation for their losses.

 Alabama’s minimum required insurance covered required for all drivers is:

• $25,000 in bodily injury liability insurance per person
• $50,000 per accident (if more than one person was injured)
• $25,000 for property damage per accident. 

If there is a dispute about who is at fault or if the damages exceed the at-fault driver’s insurance limits, you may pursue legal action to seek additional compensation or resolve the matter. A car accident lawyer with McCutcheon & Hamner can help you identify liable parties and hold the at-fault party accountable. 

You Must Report Your Accident to Your Own Insurance Company

Insurance companies generally aim to settle claims promptly and may present you with a settlement offer before you can consult a lawyer. This offer may not fully compensate you for all your car accident injury damages. Often, it takes time to realize the full extent of your injuries’ impacts on you. And if you accept the insurance company’s offer, the claim is settled. You cannot request more money if your injuries require more medical attention.

An experienced personal injury with McCutcheon & Hamner can evaluate your case and provide a more accurate value for your damages. Then we can report your accident to your insurance company and deal with the at-fault party’s insurer for you.