Huntsville Personal Injury Lawyer

Two general categories of damages may be available to victims of personal injury—economic and non-economic damages:

Economic Damages

Economic damages are the tangible monetary losses that result from accident-related injuries.

These include:

• Medical expenses for medication, surgeries, and other needs
• Durable medical equipment for mobility
• Modifications to your home or vehicle
• Lost income, benefits, and other earnings 
• Loss of future earning capacity
• Funeral and burial expenses, in the case of wrongful death
• Property damage

Non-Economic Damages

Non-economic damages refer to intangible losses without a monetary value.

These include:

• Pain and suffering
• Mental anguish
• Scars or disfigurement
• Loss of consortium

Proving Negligence in a Personal Injury Case

In a personal injury claim, you typically must establish the four elements of negligence: duty, breach of duty, causation, and damages.

Duty of Care

Duty of care refers to an individual or entity’s legal obligation to act reasonably prudently towards others. It implies that the defendant owed a duty of care to the plaintiff. The specific duty depends on the circumstances of the case. For example, commercial truck drivers must drive safely and follow traffic laws.

Breach of Duty

Breach of duty occurs when the defendant fails to fulfill their duty of care towards the plaintiff. It means that they acted in a way that deviated from the standard of care expected. For example, a speeding truck driver puts other motorists at risk.  

Causation

Causation refers to the link between the defendant’s breach of duty and the plaintiff’s injuries. It requires demonstrating that the defendant’s actions or negligence directly caused or contributed to the harm suffered by the plaintiff. For example, by speeding, the truck driver lost control of his semi-truck and collided with your vehicle, resulting in injuries.

Damages

Damages refer to the actual harm or losses suffered by the plaintiff because of the defendant’s negligence. Examples include medical bills, pain and suffering, and lost income earnings. 

What if I am Partly to Blame for My Accident? 

Alabama is one of five states in the country that follows an outdated and unfair rule regarding personal injury cases known as contributory negligence. Under this strict standard, Alabama accident victims cannot recover any compensation for their damages if they bear the slightest amount at fault for the accident that injured them.

Contributory negligence is a much harsher rule than most other states follow, making it much more difficult for accident victims to get the compensation they need.

Knowing Alabama follows a contributory negligence standard, insurance companies often try to get accident victims to admit even partial fault in an accident.

Don’t allow the insurance company to twist your words and use them against you. Protect your rights by having our personal injury lawyers handle communications with the insurance company instead. 

How Can a Lawyer Help Me With a Huntsville Injury Claim?

Remember, each case is unique, and the specific ways a lawyer can assist you may vary based on the circumstances. Consulting our Huntsville personal injury lawyers will allow you to discuss the details of your case and receive tailored advice and representation. Here are some ways a lawyer with McCutcheon & Hamner can provide valuable assistance with your personal injury claim:

Offer Legal Expertise

Our personal injury lawyers have the legal knowledge and experience to navigate the complex process effectively. We understand the applicable laws, statutes of limitations, courtroom rules, regulations, and legal precedents relevant to your case.

Evaluate Your Case 

Our lawyers can assess the merits of your claim by evaluating the facts, evidence, and circumstances surrounding your injury. We can determine whether you have a strong case and advise you on the potential outcomes and options available to you.

Gather Evidence 

Building a strong personal injury claim requires collecting and presenting compelling evidence. Our lawyers can gather relevant evidence such as medical records, accident reports, witness statements, expert opinions, and any other documentation necessary to support your claim. We know how to obtain crucial evidence effectively.

Handle Negotiations

Most personal injury claims are resolved through negotiations with insurance companies or the opposing party. Our lawyers can handle these negotiations on your behalf, advocating for your rights and working to secure a fair settlement. We have experience dealing with insurance adjusters and are skilled in negotiation techniques to maximize your chances of obtaining a favorable outcome.

Provide Legal Representation

Our lawyers can represent you in court if the insurance company does not accept a fair settlement even after negotiations. Our lawyers can prepare your case, present arguments, cross-examine witnesses, and advocate for you during a trial. Having a knowledgeable and experienced lawyer by your side can significantly strengthen your position in court.

Manage Legal Procedures

Personal injury claims involve various legal procedures, such as filing court documents, complying with deadlines, and adhering to procedural rules. Our lawyers can handle these.

Maximize Compensation

Our lawyers know what damages you deserve in a personal injury claim, including medical expenses, lost income, pain, suffering, and more. We can assess the full extent of your damages and pursue maximum compensation on your behalf.

Is There a Deadline for Filing a Personal Injury Lawsuit in Huntsville, Alabama?

Yes, there is a deadline for filing a personal injury lawsuit in Alabama, known as the statute of limitations. The statute of limitations determines the deadline to initiate legal proceedings.

Alabama’s statute of limitations for most personal injury cases, including those arising from negligence, is generally two years from the injury or accident.

If you fail to file your lawsuit within the deadline, you may lose your right to pursue a claim. The defendant can raise the statute of limitations as a defense, and the court will likely dismiss the case.

The exceptions and variations to the statute of limitations depend on the nature of the claim or the parties involved. For instance, if the injury involves a government entity, different rules and shorter deadlines may apply.

Additionally, in cases where the injury or harm is not immediately apparent or discovered, Alabama has a discovery rule that allows the statute of limitations to begin from the date you discover or should have discovered the injury with reasonable diligence.

To ensure you comply with the applicable statute of limitations and protect your rights, consult our Huntsville personal injury lawyers promptly after sustaining an injury. Our attorneys can assess your case, advise you on the specific time limitations that apply, and guide you through the legal process.

How Soon After an Accident Should I Contact an Attorney?

It’s generally advisable to contact an attorney as soon as possible after an accident, especially if there are injuries involved or if there’s significant damage. Here are a few reasons why:

• Legal Guidance: An attorney can provide you with guidance on what steps to take next, including what information to gather, how to communicate with insurance companies, and what your legal rights are.

• Preservation of Evidence: Evidence tends to degrade over time. The sooner you involve an attorney, the better chance they have to gather and preserve crucial evidence related to your case.

• Statute of Limitations: In Alabama, there are time limits, known as statutes of limitations, within which you must file a lawsuit. By contacting an attorney early, you ensure that you don’t miss any important deadlines.

• Protection Against Legal Tactics: Insurance companies and other parties involved may try to take advantage of your lack of legal representation. Having an attorney early on can help protect you from any unfair tactics or pressure to settle for less than you deserve.

• Peace of Mind: Dealing with the aftermath of an accident can be overwhelming. Having an attorney by your side can provide you with peace of mind, knowing that you have someone advocating for your best interests.

That said, if you’re unsure whether you need an attorney, it’s still a good idea to seek a consultation. Many attorneys offer free initial consultations, during which they can assess your case and advise you on the best course of action.