When you turn to a personal injury attorney for support after a car accident, your lawyer will most likely first pursue a negotiated settlement with the other driver’s insurance company. But if the insurer refuses to make a fair offer, you and your lawyer may consider moving forward with a lawsuit.
Here is what to expect from the process of a car accident lawsuit in Alabama.
We Analyze Whether You Have a Viable Car Accident Claim
Before filing a lawsuit, your lawyer will review whether your claim can move forward under Alabama law. The facts of the case need to clearly support your position. The accident should clearly be the other driver’s fault, and you should have ample evidence to support your case, including medical records, witness statements, and physical evidence from the scene.
Alabama’s Contributory Negligence Rule Is Ruthless
Under Alabama’s contributory negligence law, if the injured person’s own negligence contributed at all to the proximate cause of the crash – even if the other driver is 99 percent at fault – the injury victim will not be able to recover any compensation. For this reason, you need a strong case and an experienced car accident attorney who can aggressively advocate for you and persuade the court that the other driver is fully at fault.
The Defense Will Build a “You Caused It” Narrative Early
The other driver’s insurance company will also be focused on the contributory negligence defense, because they only have to prove you were 1 percent at fault to avoid paying you anything, even if the other driver was otherwise overwhelmingly responsible for the crash. It is important to have an experienced and skilled attorney on your side who can fight back against an unfair narrative.
Your Deposition Could Be the Most Dangerous Day of the Case
During a deposition, a defense attorney will most likely question you under oath about your injuries and your prior statements. This is not a casual conversation. Every answer you give can be used to challenge your credibility or suggest you share fault. Inconsistent or unclear responses may weaken your claim, so you need to be prepared. Your lawyer can help you anticipate difficult questions and avoid answers that the other side could take out of context and use against you.
Insurance Policy Limits Drive Strategy More Than You Think
The amount of available insurance coverage can significantly affect how your personal injury lawsuit moves forward. If the other driver’s policy limits are low, they may be more eager to settle, whereas if they have higher policy limits, the defense may fight it harder to avoid a sizable payout. Your attorney can evaluate coverage early and adjust the strategy based on how much compensation you might realistically be able to recover in your car accident case.
In Alabama, 1% Fault Can Cost You Everything. Don’t Risk Your Case. Call Us Now.
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With everything that is at stake in your Alabama car accident claim, you cannot afford to move forward without a skilled lawyer on your side. Contact the experienced Alabama personal injury lawyers at Morris, King & Hodge, P.C., right away to discuss your legal options in a free consultation and get the support you need.
