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Birmingham personal injury attorneys at Drake Injury Lawyers

Birmingham Car Accident Lawyer

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When drivers, car owners, or other parties make mistakes, the Birmingham car accident lawyers at Drake Injury Lawyers intervene. Contact us if you’ve sustained injuries in a collision with a sedan, SUV, coupe, hatchback, or any other passenger vehicle in Alabama.  We will assist you in aggressively seeking a personal injury claim against their insurance company.

With over a half a BILLION recovered, we won’t waiver in our pursuit for justice – we’ll even take your case to trial. Our mission is to fight for your best interests and obtain the maximum compensation possible under the law.  You are entitled to recovery and you deserve experienced legal representation.

Check out our many 5-star client reviews, confirm we’re a good fit, and then call us at (205) 679-5193 today for a free case evaluation about your auto accident.  If for any reason you cannot visit us at our Birmingham office due to injury or hardship from the car wreck, don’t worry…we’ll come to you.

Why Choose Drake Injury Lawyers?

At Drake Injury Lawyers, we have decades of combined experience handling all types of Birmingham car accident claims. Rear-end collisions, wrong-way crashes, intersection accidents, tire blowouts…no matter what type of accident you’ve been in, we can help.

  • We offer a free, confidential and no-obligation consultation.
  • If we accept your case, you pay us nothing unless we recover money for you.
  • You’ll have a former insurance company defense attorney working on your side. We know the tactics they use, and we won’t let them get away with it.

When you partner with our team of Birmingham personal injury lawyers at Drake Injury Lawyers, you’ll benefit from brilliant legal minds and skilled strategists at your service. Our car accident lawyers in Birmingham will talk directly to insurance companies on your behalf, making sure claims adjusters don’t take advantage of you or get you to accept a settlement for much less than your injuries are worth. We have plenty of trial experience as well, giving you the option of taking a claim to court, if necessary, for the best outcome. Let your attorney work on financial recovery while you focus on physical recovery.

We know we’re the attorneys to represent your car accident claim, but don’t take our word for it. Past clients of ours recommend us as a firm that resolves cases quickly and efficiently, that always treats clients with professionalism and kindness, and practices honest communication with each client that comes in. In addition, we understand the most common causes of car accidents in Alabama and know how to preserve and collect evidence to help our clients prove the other driver’s fault. Our lead attorneys and their associates work hard to not only meet client expectations, but to greatly exceed them with extraordinary results and experiences. After a car accident in Birmingham, look no further than Drake Injury Lawyers for legal assistance.

Birmingham Car Accident Resources

How a Birmingham Car Accident Lawyer Can Help

You don’t have to be alone in the recovery process after a motor vehicle accident. Hiring a car accident lawyer in Birmingham to take care of your legal claim for you can allow you to relax and focus on healing. Speaking to an attorney about your case can clear up any confusion that you may have as to fault or liability for the car accident, as well as provide trustworthy answers to your legal questions. Then, if you decide to hire the attorney, he or she can help support your car accident case with legal services such as:

  • Car accident investigation
  • Evidence collection
  • Interviewing car accident eyewitnesses
  • Speaking to insurance claims adjusters
  • Filling out confusing paperwork
  • Requesting copies of police reports and other records
  • Hiring qualified experts
  • Connecting you to esteemed doctors in Birmingham
  • Fighting for maximum compensation for your losses

Your car accident attorney can go up against an auto insurance company on your behalf while you concentrate on getting the medical treatments that you need. Rather than pushing you to accept the first settlement offered, your lawyer will advise you on how to maximize your financial recovery. In addition, throughout the legal process, you will have your lawyer as a confidant and advocate. Your Birmingham car accident lawyer works for you – no one else. He or she will make sure that you have everything you need after a devastating vehicle collision.

How Much Do Car Accident Lawyers Cost in Birmingham?

You shouldn’t have to risk your future because you cannot afford the legal representation that you deserve. That is why at Drake Injury Lawyers, we operate on a contingency fee basis. Our law firm accepts all personal injury cases – including car accident claims – without charging our clients upfront. We only charge for our legal services at the end of a case, and only if we are successful in securing financial compensation for the client. If we don’t win the case, the client doesn’t pay.

If we do collect a positive settlement or jury verdict for a client, we charge our attorney’s fees as a percentage of what we obtained. In this way, we never require car accident victims to pay for our legal services out of their own pockets. We recognize that individuals and families are already under enough financial strain after motor vehicle collisions. Rather than adding to this burden, we make high-quality legal representation affordable.

Who Is Legally Responsible for My Injuries After a Car Accident?

After a car accident in Alabama, it is possible that one or more parties are legally responsible (liable) for your injuries and your other losses, such as property damage and the costs of a rental car while your vehicle is in the shop. In Alabama, under what is known as a tort-based insurance law, liability for a car accident goes to the person or party at fault for causing the crash. This differs from states that use no-fault insurance systems, where all drivers seek compensation from their own insurance providers, regardless of fault.

Under Alabama state law, if you believe that another driver caused your crash, such as by texting and driving or speeding, you could be eligible for financial compensation from his or her car insurance provider.  All drivers in Alabama must carry the minimum required amounts of insurance. You can use the other driver’s insurance to pay for your injuries, medical bills and property damage if an investigation confirms that the other driver is at fault. If you were injured in an accident with a drunk driver, contact our Birmingham DUI accident attorneys for help from experienced legal professionals who can handle your insurance claims.

You may need to depend on your own car insurance to pay for your injuries, however, if the other driver doesn’t have insurance, you were injured in a hit-and-run accident, or you were partially at fault for the crash. In other cases, you may be able to file a claim against a third party, or someone involved in causing the crash who was not at the scene, for additional compensation. Examples of third-party liability include a product manufacturer for an auto defect or the government for a road hazard.

injured after a car accident? contact a birmingham car accident lawyer

Alabama Modified Comparative Negligence Law

Currently, Alabama is the only state in the country that abides by a strict contributory negligence doctrine. Unlike most states, Alabama has not upgraded to a more modern modified comparative negligence law, which is more forgiving toward plaintiffs who are partially responsible for their car accidents. In Alabama, if you are found to be any amount at fault for the car accident – even one percent – you will lose all right to recover.

In a comparative negligence state, a plaintiff’s financial recovery is reduced by a dollar amount that is equivalent to his or her percentage of fault. For example, if a plaintiff is 15 percent to blame for a crash, a $100,000 recovery award would be reduced by 15 percent ($15,000) to $85,000. Alabama’s law, on the other hand, bars a plaintiff from making a monetary recovery at all if he or she contributed to the crash in the slightest. This is why it is critical to hire an attorney if the other driver (or their insurance company) is alleging that you contributed to your car accident.

There are some exceptions to Alabama’s contributory negligence law, however. For example, it does not apply to cases involving children who are under the age of 14. Under state law, these children are presumed not to be capable of contributory negligence. People who are mentally incompetent or incapacitated also cannot commit the tort of negligence. Before you assume that you are ineligible for a financial recovery under Alabama law, consult with an attorney about your specific situation for more information.

Compensation Available After a Car Accident in Birmingham, AL

Pursuing an insurance claim or injury lawsuit after a car accident in Birmingham could result in compensation for the complete value of your economic losses, plus an additional amount for your noneconomic losses. The money that you receive from a successful case could allow your family to pay for current and latent medical needs, as well as make up for lost wages. It can also pay for your intangible losses, such as pain and suffering. A compensatory award can help restore some of the peace of mind that you lost in a car accident.

You could be eligible for compensation for the following losses:

  • Medical bills
  • Property damage
  • Out-of-pocket expenses
  • Travel and rental car costs
  • Physical suffering
  • Emotional injuries
  • Lost quality of life
  • Loss of consortium
  • Punitive damages, in some cases

The exact compensation available to you and your family depends on your unique losses and how greatly the crash has impacted your life. The overall value of your case is something that an attorney can go over with you in more detail at Drake Injury Lawyers, as it varies based on the factors that are specific to you and your case. There is no such thing as an average car accident settlement.

Common Injuries in Car Accidents

A car accident can cause a wide variety of serious injuries to a victim. Some of these injuries are immediately noticeable, such as a broken bone. Others, however, have delayed symptoms. Some injuries do not present symptoms right away by their nature, while others are hidden due to adrenaline from the car accident. Delayed injuries often include ligament and tendon damage, soft-tissue injuries, whiplash, knee injuries, and back injuries. This is why it is important to go to a hospital immediately after a car accident in Birmingham for a professional checkup.

Common injuries associated with car accidents in Alabama include:

Every case is unique. No matter what types of injuries you suffered in a recent car accident in Birmingham, consult with an attorney about your legal options for recovery. Someone else may be responsible for paying for your medical bills, physical therapy, medications and other injury expenses. It is especially important to work with a car accident attorney in Birmingham if you or a loved one suffered a catastrophic injury (an injury that will have a lasting impact on the victim’s life). These cases may be severely undervalued by insurance companies. A Birmingham car accident attorney can help you fight for the compensation that you need to pay for all of your related expenses. If you lost a loved one in a fatal car accident, our Birmingham wrongful death lawyers can support you and help you seek financial compensation.

What To Do After A Car Accident in Birmingham

Knowing what to do and what not to do after a car accident can make a great difference in the outcome of your claim to recover damages. Do the following to improve the odds of obtaining compensation for your injuries:

  • Get the names and contact information of all drivers, owners, passengers and witnesses to the accident.
  • Get the registration, plate numbers and insurance information of all vehicles.
  • Call the police and provide them with the basic information about the accident, without unnecessary detail. Later, you should obtain a copy of the accident report from the police department.
  • If you are injured, let the police know you need an ambulance.
  • If you are able to do so, take photos of the accident scene, including all cars involved, showing the point of impact on each vehicle. Include street signs or other identifying features to identify the location of the crash.
  • If you don’t feel you need an ambulance, you should still be checked out at a hospital emergency room, or by your own doctor or an urgent care clinic. Give a detailed description of any injury or pain, no matter how small. Some serious injuries aren’t apparent at first, such as certain brain injuries, complex regional pain syndrome and herniated discs. These may not show up for days or weeks after the accident. Aches and pains that don’t seem very serious right after a car accident sometimes worsen with time. If they do, go back to the doctor immediately. Keep seeing your doctor as long as you have any symptoms at all.
  • Do not apologize for the accident. (Many people apologize because they are trying to be polite, but it could be easily construed as admitting fault.)
  • Do not comment about your physical condition (except to ask someone to call an ambulance).
  • Do not give the adjuster a recorded statement or sign any paperwork, authorization or release
  • Obtain regular and immediate medical treatment for the course of your post-accident recovery. Delaying medical treatment can be used against you by the insurance company.
  • Call a seasoned Birmingham car accident lawyer. The sooner the better. You can bet the other driver’s insurance company is out taking statements and preserving evidence.

Something that may feel like a minor injury at first can dramatically affect your life and require tens of thousands of dollars in rehabilitation and treatment. You should not have to foot the bill for those costs if you were injured as a result of another person’s negligence. A car accident lawyer at Drake Injury Lawyers in Birmingham is a top choice for experienced legal representation. For more information on what to do after a car accident, watch the video below.

Alabama Car Accident FAQs

What does “negligence” mean?

Negligence means that someone has failed to use reasonable care to avoid causing harm to another. In other words, they have failed to do what any ordinary person would do to keep from injuring someone else. The legal definition of negligence requires proof of these factors:

  • The person charged with negligence must have a duty to of care to others (for example driving safely on publics roads)
  • The person has breached that responsibility of care
  • The breach of care was the immediate (“proximate”) cause of the injury
  • The person making the claim can prove to have suffered actual damages.

Will I be able to recover my lost earnings?

If you are a regular hourly or salaried employee and can prove the amount lost with payroll records, you can absolutely recover it. If you’re self-employed, it may be a bit trickier. If you keep excellent records and have a good accountant, your attorney should be able to prove your lost earnings and recover the amount for you.

What happens if the other driver wasn’t insured?

If the at-fault driver is either uninsured or underinsured and you are covered by optional Personal Injury Protections (PIP) or Uninsured/Underinsured Motorist (UIM) coverage, you will make your claim with your own insurance company.

Do I have to pay taxes on my settlement?

Generally, only the part that compensates for your lost earnings is taxable, along with any punitive damages you may have received in cases of extremely egregious wrongdoing.

How long do I have to wait for my case to settle?

Cases vary. It is difficult to say in the beginning how long a particular case will take to settle. Generally speaking, the more serious the injuries, the more time you’ll need to recover, and the longer your case will take. Smaller cases with minor injuries may take as little as 3 to 6 months. Cases involving serious injuries may take several years. This will depend on how long your treatment continues, whether many motions are needed during litigation, the ability of the court to schedule your case for trial, and the availability of expert witnesses.

Will I have to go to court?

Probably not. At the Drake Injury Lawyers, insurance companies know that we are always willing to go to trial if necessary. But because they usually prefer to avoid the expense and uncertainty of a trial, we can usually negotiate an out-of-court settlement. More that 90 percent of all personal injury cases filed with the court system settle before trial. Our skilled litigators will prepare your case for the eventuality of a trial from the minute we sign on with you. We are highly successful trial lawyers who are always ready and able to present a powerful case to a jury if required.

Call Birmingham’s Car Accident Lawyers For the Top-Quality Legal Representation That Gets Results

At Drake Injury Lawyers, you will receive the client-centered legal services that get you the results you want with the least amount of stress. We know personal injury law better than most because it’s all we do—all day, every day. We have 30 years of experience to put to work for you. We know how insurance companies work, and how to overcome the obstacles they invariably attempt to throw in your path.

We are superb negotiators who can usually obtain an excellent out-of-court settlement, but if need be, we are extremely effective in the courtroom and know how to present a thoroughly prepared and persuasive case to a jury. We have a long history of large recoveries, even in the millions of dollars, for our car accident clients. We are dedicated, diligent, tireless, and passionate in our commitment to justice. You will always work with your Birmingham car accident lawyer in person, not be shunted off to a paralegal or junior associate.

There is never a risk to you because we front all the work and expenses of developing and preparing your case. You will never owe us legal fees unless we recover money for you.

Don’t attempt to settle your Alabama car accident claim on your own. This could put you at risk of getting next to nothing for your damages – or even nothing at all. If you’re dealing with broken bones, cuts and bruises, burns, whiplash, brain injuries, or spine injuries after a car crash in Birmingham, contact us. Our Birmingham car accident lawyers will discuss your rights and potential legal opportunities during a free, no-obligation consultation with one of our lead attorneys.

Drake Injury Lawyers
2 Perimeter Park S #510e
Birmingham, AL 35243
(205) 859-2236