Foley Alabama Attorneys
(251)444-7000

toll free 855.390.5566

Alabama is not a no-fault state, but a personal injury lawyer can help you get compensation after a car accident.

Several of our clients want to know, is Alabama a no-fault state? Alabama is an at-fault (or “tort”) state, where drivers who cause an accident and their insurance companies are responsible for the other driver’s damages resulting from a crash. Alabama’s fault laws are complicated and stricter than those of most other states, so it makes sense to have a lawyer on your side to fight for the settlement you deserve.

If you have been injured in an Alabama auto accident, you usually have three options for compensation. You can:

  • File a claim with your own insurance company, if you have a policy that covers the loss. Your insurance company will then try to collect this back from the at-fault driver’s insurance company.
  • File a third-party claim directly with the at-fault driver’s insurance carrier.
  • File a civil personal injury lawsuit against the at-fault driver.

Since insurance companies are out for profit and wish to pay out as little as possible, they will do everything possible to try to prove you were at fault. At Caldwell Wenzel & Asthana we know the tactics that insurance companies use and how to combat them, and we will take your case to court if warranted. Our personal injury attorneys work to hold negligent drivers responsible for their careless actions and to help you get the compensation you deserve.

We offer a free, no-obligation consultation to examine the individual circumstances of your accident and determine the best approach to take.  Call us today at 251-444-7000 to get started.

Is Alabama a No-fault Car Insurance State? How Our Attorneys Can Help

Since Alabama is not a no-fault state, accident victims must prove that another party was to blame for the accident that caused their injuries. This involves filing a claim with the negligent driver’s insurance company. The at-fault driver should have bodily injury liability insurance that provides compensation for your personal injury, as well as property damage liability insurance covers that pays for damage to your vehicle and other personal property.

In some cases, you can go beyond insurance and file a personal injury lawsuit or a wrongful death lawsuit, if a loved one has died in the crash. Whether dealing with insurance or a lawsuit, our attorneys would have to show that another party was negligent and therefore liable for your damages.

How car accident lawyers prove negligence

Proving negligence is essential in Alabama, and our attorneys will do everything possible to find all parties who were at fault.  We will:

  • Examine the scene and investigate the circumstances surrounding your crash
  • Gather evidence such as photos and videos from traffic cameras, and police and medical reports
  • Interview witnesses, first responders, police, and medical personnel
  • File all necessary paperwork in a timely manner
  • Consult expert witnesses and get their testimony on your behalf
  • Correspond with and conduct negotiations with insurance companies and other attorneys
  • Build your case and take it to trial if necessary.

To win your case, our attorneys would have to show:

  • Duty: The defendant owed you a duty of care not to cause harm.
  • Breach: The defendant breached that duty, such as by driving recklessly and speeding through a red light.
  • Cause: This breach caused the accident.
  • Damages: You suffered damages as a result.

Damages our car accident lawyers may win for you

In a successful case, our attorneys can win a damage award that covers both your economic (monetary) losses and your non-economic damages that are more difficult to quantify in terms of dollars and cents.

Economic damages – these include costs of your . . .

  • medical, rehabilitation and ongoing care costs
  • lost income, both now and into the future
  • damage to your vehicle and other property.

Non-economic damages — are for the intangible physical and emotional pain and suffering, including:

  • Anxiety and depression
  • Nervousness
  • Grief
  • Worry
  • Shock
  • Loss of enjoyment of life
  • Humiliation, indignity, and embarrassment that may result from your injuries.

Your case is more likely to be taken seriously if you have an attorney at your side to fight for your rights. Call us today at 251-444-7000.

What Does it Mean if You Live in a No-fault State?

Because Alabama is not a no-fault state, our attorneys would have to show that the other party was 100 percent at fault for the accident. If you are found to be even one percent at fault, you can be barred from recovering any compensation.

In addition, claims in Alabama are governed by a statute of limitations. This is the amount of time you have to file a claim with either your own insurance company or the at-fault driver’s insurer. According to Alabama Code Section 6-2-38, you generally have two years from the date of the accident to file a claim, or you will also likely be barred from receiving any compensation.

Call our Attorneys for Help Getting the Compensation You Deserve

If you or a loved one has been injured or someone has died in a vehicle crash in Alabama, call the personal injury car accident lawyers at Caldwell Wenzel & Asthana for help. We know the courts, the judges, and the system, and will work aggressively in pursuing the settlement you deserve. We understand how insurance companies and their lawyers operate, and we are not afraid to take your case to court if necessary. We always look out for your interests and fight for justice and the optimum compensation possible.

Call us today at (251) 444-7000 for your free, confidential consultation. We work on a contingency basis, so there are no fees until and unless we win your case.  

Click to Call 24/7