Personal Injury Attorneys in Mobile, Alabama

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:

• Auto accidents
• Hospital and nursing home injuries
• Workplace accidents
• Burn Injuries
• Maritime law and Jones Act cases and offshore injury claims
• Motorcycle accidents
• Commercial truck accidents
• Construction site injuries
• Slip-and-falls and other premises liability issues
• Defective and dangerous products
• Bicycle Accidents

Alabama Personal Injury Claims

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:

• Economic Damages: These are direct monetary losses that the victim suffered. Examples of economic damages include hospitalization costs, costs for surgeries and other types of medical treatment, rehabilitation expenses, the cost of ongoing medical care (if the injury is long-term and debilitating), lost wages, loss of future earning capacity, and property damage.

• Noneconomic Damages: As we touched on earlier, these are losses for intangibles that are more difficult to assign a dollar figure to. Examples of noneconomic losses include pain-and-suffering, psychological distress, diminished quality of life, disfigurement, permanent injury, loss of consortium, and loss of companionship, care, and support.

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.

Workers’ Compensation Claims in Alabama

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:

• An employee who is injured by a subcontractor that is working nearby;
• An employee who is making a delivery for their employer and is hit by another vehicle;
• An employee who is injured by faulty equipment that malfunctions while he/she is using it.

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.

Trial Experience That Can Help Your Case Succeed

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.

No Fees Unless We Win

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.