What is the average car accident settlement in Alabama
Because each car accident is unique, there is no way to accurately determine the value of a claim without understanding the specifics involved. Some claims may be worth thousands, while others can range into the millions. At Gartlan Injury Law, we’ll take the time to carefully review the circumstances of your accident and determine a fair assessment of your financial losses.
Contents
- How Are Car Accident Settlements Calculated?
- What Factors Can Affect the Settlement Payout Amounts?
- Is There a Difference Between a Settlement and a Judgment?
- What Are the Benefits of Settling a Car Accident Claim?
- What Compensation Would a Car Accident Settlement Include?
- Is There a Time Limit for Filing a Car Accident Case in Alabama?
- How Long Does a Car Accident Settlement Take?
- Contact an Alabama Car Accident Lawyer
How Are Car Accident Settlements Calculated?
You don’t get personalized service from an online settlement calculator. These tools suggest they can give you insight into what your claim may be worth. However, numerous factors determine how a car accident claim settlement gets calculated – and many of those factors aren’t included in the calculator’s program.
Payouts can depend on the severity of your injuries, how many people are involved in the accident, and drivers’ auto insurance policy limits. One of the most significant factors determining the value of a car accident is fault.
Alabama follows an at-fault car insurance system. After a car accident, you file an insurance claim with the insurer of the person responsible for causing the crash. The insurance company evaluates the claim and gives you an estimate of what they will pay for your financial losses. In Alabama, minimum bodily injury liability coverage typically covers up to $25,000 per person and $50,000 per accident. Commercial liability policy limits tend to be higher.
You may also file a personal injury lawsuit against an at-fault individual or insurance company seeking compensation for your losses. However, Alabama follows strict contributory negligence rules. That means if your actions played any role in causing the accident, the court can bar you from recovering any compensation. The contributory negligence rule binds all court decisions. It also influences how an insurance adjuster may value your claim.
Fault plays a vital role in determining the overall value of your claim. To protect your right to pursue compensation, you should allow an experienced car accident attorney to build your case and prove the other driver’s liability.
What Factors Can Affect the Settlement Payout Amounts?
Understanding how car accident settlements are calculated is only one piece of the equation. Several factors can affect a settlement payout, including:
- The severity of your injuries
- The quality of the evidence available
- Your attorney’s experience
- Auto policy limits
- Liability
- Whether there are multiple claimants
Is There a Difference Between a Settlement and a Judgment?
There is a distinct difference between a settlement and a judgment. A settlement occurs when the parties agree to close out an injury claim for a specific amount of money. A settlement is a voluntary and binding agreement that does not require intervention by the Alabama court system. You can receive a settlement from an insurance company after an accident if both parties agree that the amount offered is fair considering the circumstances of the crash.
A judgment is different. A judgment results when the parties cannot agree on a fair settlement amount and take the case to trial. An Alabama judge or jury will decide the outcome of the case and determine fair compensation based on the evidence provided. A judgment is the result of the trial: either a dollar amount awarded or the court’s determination that the injured party gets nothing. In Alabama, most car accident cases settle out of court.
What Are the Benefits of Settling a Car Accident Claim?
One of the most significant benefits of settling a car accident claim is the amount of time and stress it saves people. Injured car accident victims tend to need money for their medical treatment as soon as possible to help them feel financially secure and stable. Waiting for a trial can put significant stress and burden on the shoulders of a vulnerable accident victim. Settling their claim allows them to avoid the stress and potential complications of a lengthy trial, getting the money they need sooner rather than later.
The injured party must also consider the impact of Alabama’s strict contributory negligence regulation. If the court determines their actions played a role in causing the crash, they’ll lose the ability to recover any compensation for their financial losses. Depending on the strength of the available evidence, going to trial can be a gamble. It may be beneficial to negotiate and settle out of court. A skilled Alabama car accident lawyer can help determine if settling or taking your claim to trial is best in your case.
What Compensation Would a Car Accident Settlement Include?
Depending on the circumstances of the accident and severity of your injuries, you may be able to recover compensation for:
- Medical expenses
- Lost wages
- Loss of future earning capacity
- Emotional distress
- Pain and suffering
- Property damage
An experienced Alabama car accident attorney can review your case’s unique aspects and help determine your claim’s overall value.
Is There a Time Limit for Filing a Car Accident Case in Alabama?
The state of Alabama gives you two years from the accident date to file your lawsuit. Filing after the deadline can mean the court dismisses your case, leaving you little chance of recovering maximum compensation.
While the statute of limitations does not apply to insurance claims, you’ll have more leverage to negotiate if you still have time to file a lawsuit. Time limits for filing insurance claims differ from policy to policy, but filing sooner is better. Your attorney can help you determine whether there are filing deadlines for your claim.
How Long Does a Car Accident Settlement Take?
The more eager you are to receive an immediate settlement, the less money you should expect to recover. The negotiation process can take time. Those looking for a quick payout typically receive less compensation than those willing to take the time to negotiate aggressively.
The complexity of the claim can also impact how long it may take to settle. Minor injury claims may be settled in as little as a few months. Complicated cases or claims involving severe injuries can sometimes take months or years to resolve.
Contact an Alabama Car Accident Lawyer
Are you ready to fight for the money you deserve? Contact an experienced Alabama car accident lawyer with Gartlan Injury Law today. Our team can help you thoroughly evaluate your legal options for demanding maximum compensation.
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Aaron Gartlan is a graduate of Troy University and the Thomas Goode Jones School of Law who focuses his practice exclusively on representing those injured by the wrongdoing of others. He is member of the National Trial Lawyers Association’s Top 100 Trial Lawyers, Million Dollar Advocates Forum and Multi-Million Dollar Advocates Forum. In addition to his legal practice, Aaron teaches Business Law as an adjunct instructor at Troy University’s Sorrell College of Business and serves as a field artillery sergeant in the Alabama National Guard.