In legal terms, a personal injury is any injury a person suffers that is caused by another person or party. This could be a vehicle crash, a slip and fall at a retail store, an accident with a defective piece of machinery, or any number of other situations. When this occurs, injured parties can suffer a wide range of losses. Not only are there losses for expenses that are incurred, such as property damage and medical bills, there are also intangibles, such as the pain and suffering the victim has to endure because of their injury. Personal injuries can also take a major toll on those closest to the victim. For example, if the injured party was one of the breadwinners in the household, finances are sure to be tighter during their recovery. For children, it can also be very difficult to see someone whom they have always viewed as a strong provider suddenly become unable to care for themselves. If you or a family member have been hurt by someone else’s wrongdoing, we are on your team. We are committed to fighting for justice for people who have been wrongfully hurt by someone else. At Hedge Copeland, PC, we have several decades of experience representing clients who have suffered all types of personal injuries in Alabama. Our attorneys have extensive knowledge of this area of the law, and we have a successful track record with even some of the most complex cases. We represent clients for personal injury, workers’ compensation and wrongful death cases. This includes but is not limited to: A personal injury lawsuit is a civil claim, and the standard of proof is lower than in a criminal case. With a personal injury claim, you must prove that the defendant is liable for your injuries by a preponderance (i.e., majority) of the evidence, rather than beyond reasonable doubt. Essentially, you will need to show that it is “more likely than not” that your injuries resulted from the defendant’s negligence or reckless actions. If you are able to prove that the defendant caused your injury, you are entitled to damages for your losses. Compensatory damages in a personal injury claim can be grouped into two general categories: In more limited cases in which the actions of the party responsible for your injuries were willful, malicious, or fraudulent, punitive damages may also be awarded. Punitive damages are not meant as compensation for the victim, but rather as punishment for the wrongdoing. The specific damages we can seek will depend on the nature of your injury, but we will always dedicate our resources to advocating for you and your family. We can help determine the best course for your case, whether this means negotiating a reasonable settlement that represents full and fair compensation or fighting for you in the courtroom. Pursuing a personal injury claim in Alabama can be an uphill battle because of the relatively short timeframe you have to file, and because of the state’s defendant-friendly negligence doctrine. In most cases, you have just two years from the date of your injury in which to file a claim. And if you are suing a government entity, the timeframe is usually reduced to six months, and there are specific procedures that you must file. Alabama is one of the few states that applies the “contributory negligence” legal doctrine. This means that if an injured party is found to have “contributed” in any way to the underlying accident or event (even 1%), they can be barred from recovering any damages at all. Most states use some variation of “comparative negligence”, which is a doctrine that allows an injury victim to recover damages even if they share some responsibility for what happened. You can be sure that the defendant and their attorneys will do anything they can to pin at least part of the blame on you for your injuries so they can avoid having to pay out any damages, and this is one of many reasons that it is important to get a seasoned personal injury lawyer involved in the case as early as possible. Otherwise, your right to recover damages could be in jeopardy. The simple answer is – AS SOON AS POSSIBLE. Reputable personal injury law firms will not charge you a fee to talk to them about a potential case. At Hedge Copeland Law Firm, we commonly talk an meet with several people per week who have suffered an injury, and simply want to know if they have a case. Our lawyers never charge anyone for our time, as that simply is not the way we do business. Our priority is to give everyone who calls prompt, honest opinions concerning their legal issue. Sometimes we have to tell whoever calls that they simply do not have a case – but it is always better to be forthright from the beginning with our clients. You need to know that in today’s world, the person or party responsible is not going to willingly write you a check to cover all of your losses. You are going to need to file a claim for damages, which will usually involve dealing with the other party’s insurance company. And you need to know that the insurance company is in business to make money, and as such, their goal is to pay you as little as possible to compensate you for your injuries. Although an insurance company representative might be friendly, courteous, and show concern about your well-being, their interests are never aligned with yours, so you should not be surprised if they do not give you a fair offer. It never hurts to at least talk with a lawyer to have your case evaluated and find out what your legal rights and options are. If you have a potential case, then our firm will start the investigative process to obtain whatever evidence we need to prove your case. This will involve talking to the witnesses, getting accident reports, and obtaining medical records and bills. At Hedge Copeland Law Firm, we take pride in our work, and the insurance companies know this to be true. In general, claims for cases that are simple, straightforward, and involve very mild injuries can often be handled without an attorney. But if there are any complicating factors, then you should strongly consider legal representation. Here are some common signs that you might need to hire a personal injury attorney: Your Injuries are More Extensive If you have more serious injuries, then you are going to need a lawyer to help you pursue your claim. For example, if you suffered a major fracture that is going to keep you out of work for several months, you are entitled to damages not only for your medical bills and lost wages, but also for intangible losses such as pain-and-suffering, emotional distress, and maybe even diminished quality of life if there is a permanent and debilitating aspect to your injury. Your attorney will help ensure that the extent of your injuries are fully documented; and if necessary, they will bring in expert witnesses to help substantiate your claim. You are Being Treated Unfairly by the Insurance Company In some accidents, there is no question who is to blame. Someone ran the red light, or someone rear-ended you. However, there are certain large (and very well known) insurance companies who will nonetheless blame you for causing the accident, or try to say their insured was not “negligent.” We see this everyday – for example, in one of our cases, the insurance company (not going to say who, but never believe you’re in “Good Hands”) blamed our client when their insured, who driving in the wrong lane of traffic for a half of mile, hit our client head-on! Most Alabama employers are required to carry workers’ compensation insurance. And when a worker is injured on the job, they are entitled to workers’ comp benefits regardless of who was at fault for the injury. There are some exceptions to this rule, such as drinking at work and other violations of company policy and self-inflicted wounds, but for the most part, you should be able to receive benefits as long as the injury or illness you have suffered is work-related. While this is how the workers’ compensation system is designed, it is not always easy for an injured employee to recover benefits. Filing a workers’ comp claim can be complicated and confusing, and some employers put up unnecessary roadblocks that are designed to frustrate workers into giving up on obtaining the benefits they deserve. This is why it is highly recommended that you work with an attorney who has experience with these types of cases. Doing so can vastly increase your chances of a smooth and successful claims process. Because workers’ compensation is a “no-fault” system, employees are generally barred from filing a personal injury lawsuit against an employer who has workers’ comp insurance. However, there are some instances in which a workplace injury may have been caused by a party other than your employer. Examples may include: When these or similar situations occur, you may be able to file a personal injury claim against the third party for damages over and above what you are receiving through workers’ compensation. As trial lawyers with extensive experience in the Alabama court system, we have the knowledge to advocate for our clients in and out of the courtroom. We have obtained multiple multimillion-dollar settlements on behalf of clients in personal injury and wrongful death cases. At Hedge Copeland, we represent all of our clients on contingency, so you will never be billed for fees or services unless we recover compensation for you. Contact our office for a free consultation by calling 251-276-4824 or messaging us online. Based in Mobile, we serve clients throughout the surrounding area.Personal Injury Attorneys in Mobile, Alabama
Alabama Personal Injury Claims
When Should You Contact a Personal Injury Lawyer?
Situations When you Might Need to Hire a Personal Injury Lawyer
Personal Injury at Work
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Russ Copeland, LawCall, discusses personal injury issues on WMPI in Mobile AL
