The damages you can recover after a car accident in Alabama include economic damages, non-economic damages, and, in exceptional cases, punitive damages. The potential amount of damages you could recover in a car accident case depends on several key factors, such as the severity of your injuries, the at-fault party’s insurance policy limits, and your personal injury lawyer’s skill and resources.
Compensatory Damages in Alabama Car Accidents
Car accident compensation in Alabama typically refers to the compensatory damages sought through an auto insurance claim or personal injury claim against the at-fault motorist. Compensatory damages are broken down into economic and non-economic damages. Economic and non-economic compensation are sought for different types of losses arising from the car accident.
Economic Damages
Economic damages refer to compensation sought for losses with tangible value in a personal injury case. These losses include:
- Past and future medical expenses
- Lost wages
- Reduced future earning potential
- Property damage.
Determining the value of economic losses in a car accident lawsuit typically involves a personal injury lawyer adding up bills and estimating the cost of future losses you expect to incur.
Non-Economic Damages
Non-economic damages refer to compensation sought for losses with intangible value. These losses include:
- Physical pain and suffering
- Emotional distress
- Permanent disfigurement
- Loss of enjoyment of life
Determining the value of non-economic damages can be challenging without the assistance of an experienced personal injury attorney who understands how to assign an appropriate dollar value to personal losses.
Punitive Damages in Alabama Car Accidents
Punitive damages are another type of personal injury damages in Alabama that are awarded in exceptional cases. Unlike compensatory damages, which compensate victims for their losses, punitive damages punish defendants for particularly egregious actions.
Alabama Code Section 6-11-20 states that to seek punitive damages after a car accident, you must prove with clear and convincing evidence that the at-fault party consciously or deliberately engaged in “oppression, fraud, wantonness, or malice.” For example, a motorist who had a high blood-alcohol level when causing a crash might be considered to have acted with wantonness.
Does Alabama Have Caps on Damages?
Alabama puts no caps on the amount of compensatory damages you can recover through a personal injury lawsuit for losses in a car accident. However, Alabama law does cap punitive damages.
Alabama Code Section 6-11-21 limits punitive damages to $1.5 million or three times the compensatory damages, whichever is greater.
What Are the Average Alabama Car Accident Settlement Amounts?
Because every car accident claim is unique, it is impossible to speak meaningfully of an average settlement amount. However, several factors can affect the amount of compensation potentially recoverable in Alabama car accident settlements, including:
- The severity of your injuries, with more serious injuries typically leading to higher settlements
- The impact of your injuries on your ability to work
- The extent to which your injuries result in permanent disability
- The insurance policy limits of the at-fault party
- The number of injured parties who are seeking compensation from the at-fault party’s insurance policy
- The experience, skill, and resources of your car accident lawyer
Get Help from Our Alabama Car Accident Attorneys Now
If you were injured in a car accident, contact Morris, King & Hodge, P.C., now for a free case review. Our lawyers are ready to explain the types of damages in Alabama car accidents that may be available to you and review your best legal options for seeking them.