Birmingham Car Accident Lawyer

Were You Injured in An Auto Collision in Birmingham?

Our Car Accident Lawyers Help to Protect Your Best Interests

With more than four million licensed drivers and approximately 28 million yearly visitors, Alabama roads carry a high risk of auto crashes. Many times, these accidents are serious and even fatal, leaving survivors with tremendous financial burdens from costly surgeries, medication, rehabilitation, and other expenses. This is further heightened by the loss of income due to the victim’s inability to work.

If you have been injured in a Birmingham car accident due to another party’s negligence, we understand your pain. Fortunately, all hope isn’t lost as you may be entitled to compensation through insurance or a personal injury lawsuit. While no amount of money can fully make up for what you are going through, a successful claim can alleviate your financial problems. It can pay for necessary care while allowing you to concentrate fully on getting well.

While car accident claims can be complicated, the experienced car accident attorneys at Caldwell Wenzel & Asthana, PC, can simplify the process for you. We are fully prepared to investigate the accident, deal with insurance companies and their lawyers, and fight for optimum compensation for your losses.

Take advantage of a free consultation to discuss your case and determine the best way to move forward. Call us today at (251) 444-7000 for details on how we can help.

Why Choose Our Car Accident Lawyers in Birmingham?

We Offer Personalized, Experienced, and Aggressive Legal Representation

Choosing the right car accident attorney for your civil claim and lawsuit is essential for your case. In addition to experience, courtroom skills, and knowledge of Alabama civil law, you want a caring and compassionate attorney.

At Caldwell Wenzel and Asthana, PC, quality client service is a top priority. Our team realizes that car accident victims have experienced sudden and life-altering changes. Here are a few of the crucial reasons why accident victims choose us for their personal injury cases:

• Our seasoned attorneys have the necessary experience—Attorneys C. Randall Caldwell, Jr., Drew Wenzel, and Dee Asthana have more than 25 years of combined legal experience and are seasoned trial veterans with a long record of success both in and out of the courtroom.
• We have proven case results that demonstrate our commitment to our clients. We win big, including an $8,000,000 medical malpractice case.
• We come highly recommended by many satisfied clients.
• We know how to deal with insurance companies and how to negotiate to settle most cases out of court, but we are also successful litigators fully prepared to take your case to trial.
• We are available; when you hire us, you receive our full attention, compassion, and commitment to see the case through to a successful conclusion.
• Our team is well-known for our aggressive approach inside and outside the courtroom; we thrive in a courtroom environment, which leads other firms to refer cases to us.
• We offer free, no-obligation consultations, and there are no fees to you unless and until we win your case.

How Our Car Accident Lawyers in Birmingham Help Auto Crash Victims

We Handle Every Aspect of Your Claim from Start to Finish

Insurance companies and their lawyers will often try to deny claims or get you to settle for less than your case is worth. Sometimes, they even go so far as to make it seem as if the accident is your fault. Considering their extensive resources, it’s difficult to go up against them on your own. That’s why you need all the legal help you can get to level the playing field and pursue a fair settlement.

As Birmingham personal injury lawyers, we understand how to apply Alabama civil laws to your case. From investigating your tragic accident to identifying the liable party, we dedicatedly pursue compensation for your unfair and stressful damages.

When you retain us, we will start working for you immediately and will:

• Meet with you to hear how the accident happened and determine who the at-fault parties may be and what would be a fair settlement. If your injuries prevent you from coming to our offices, our lawyer can come to you at your home, in the hospital, or at a rehabilitation center.
• Ensure that you get proper medical treatment and that all injuries are documented.
• Investigate the accident to gather and preserve evidence, such as from damage to your vehicle, traffic photos and videos, police and medical records and reports, and interviews with witnesses and first responders.
• File all required paperwork and forms.
• Hire accident reconstruction experts to testify as to fault and life-care experts to estimate the costs and extent of your injuries and the effects on your life in the future.
• Handle all communications and negotiations with insurance companies and opposition attorneys to come up with an agreement for a fair settlement.
• Build your case and take it to court if necessary, arguing forcefully on your behalf.

It takes just one dangerous driver to change your life forever. Fortunately, our car accident lawyer will aggressively take on insurance companies and their lawyers in pursuit of a just settlement. Contact us at (251) 444-7000 now.

How Do I Prove Negligence in My Birmingham Car Accident Case?

Understanding the Elements of Negligence

To win your car accident case, our attorneys would have to show that another party was negligent, at fault, and therefore liable for your damages. Proving negligence legally means showing the existence of the following elements:

• Duty: The defendant owed you a duty of care not to cause harm.
• Breach: The defendant breached that duty through actions or failure to act.
• Cause: This breach caused the accident that injured you.
• Damages: You suffered damages as a result.

Many reckless behaviors can result in negligence and liability for damages, including:

• Alcohol and drug impairment
• Speeding
• Tailgating
• Failure to yield the right of way
• Driver distraction or fatigue.

In some cases, there may be more than one party whose negligence contributed to the accident.  In addition to the driver of a vehicle that hit you, other negligent parties may include:

• The manufacturer of a defective vehicle or part that failed
• A repair person who failed to repair a vehicle correctly
• The owner of a company whose driver caused the accident
• A municipality or road repair company that failed to repair dangerous road conditions or post warning signs.

Our car accident lawyer will investigate your case to get the evidence needed to prove negligence and identify all potentially negligent parties as they all may have assets and insurance that can go toward a settlement.

What Compensation Am I Entitled to in a Birmingham Car Accident Case?

Learn the Damages Our Auto Crash Attorneys in Birmingham May Recover for You

In a successful car accident case, you should receive compensation for all your “damages,” i.e., the costs and losses you suffered from the accident. Alabama allows recovery of economic or financial damages such as:

• Costs of hospital, medical, and rehabilitation care and expenses
• Costs of continuing care
• Modifications to your home or vehicle, such as to accommodate a wheelchair
• Property damaged in the accident
• Lost income and future income if you can’t work.

Your demand may include compensation for your “non-economic” damages that do not have a specific dollar value but negatively impact your quality of life. These include:

• Physical and emotional pain and suffering, depression and anxiety
• Loss of quality of life
• Loss of consortium.

Last, punitive damages may be awarded in a Birmingham car accident lawsuit to punish the defendant for their negligence. Also called exemplary damages, this type of financial award is often granted . . .

• If the victim dies as a result of an injury sustained in the auto crash
• When the defendant’s actions were deliberate, malicious, or show a wanton disregard for the safety of other road users.

In Birmingham, a jury can grant punitive damages as high as 3 times the total amount of economic damages awarded. It is worth noting, however, that punitive damages are capped at $500,000.

There is a wide range of damage awards possible in a car accident case. While there’s no clear-cut formula to predict your payout, you can receive thousands to millions of dollars, depending on your unique circumstances.

It’s important to note that your chances of maximum compensation increases when you hire our experienced legal services. So, reach out to us now at (251) 444-7000 to begin your journey to a successful claim.

What Factors Affect the Amount of Compensation Obtainable in My Case?

How to Determine the Value of Your Case

No two car accident claims are the same, and compensation sums are commensurate with the specific damages recorded in each case. As mentioned already, this means that there’s no one-size-fits-all method for calculating the value of an auto crash claim. However, several factors can be considered to provide an estimate of compensatory awards, including:

• The severity and permanence of your injuries
• Whether wrongful death is involved
• Your attorney’s negotiation skills
• Whether your case ended in a lawsuit and punitive damages were awarded
• Your role in the accident
• The strength of your case or availability of evidence to prove your claims
• The amount of available insurance.

Our car accident attorney will review your case and consider all necessary factors in negotiating a reasonable settlement on your behalf. Contact us today at (251) 444-7000 to get started. 

What Actions Should I Take following a Vehicle Collision in Birmingham?

Essential Steps to Take after a Birmingham Car Accident to Increase Your Chances of a Successful Payout

You’re less likely to make mistakes when you follow the standard processes for handling car accidents in Birmingham. That’s why it’s important to note and follow these steps immediately after you’ve been in an auto crash:

Move to Safety 

One of the worst things that can happen to an accident victim is getting into another accident shortly after the first. Not only will this complicate your claim, but it will also compound your injuries and delay your recovery. As such, it’s important to prioritize your safety after a car collision by moving yourself and your vehicle off the road. However, it’s important to also ensure that you are as close to the scene as is reasonably possible.

Contact Emergency Healthcare Services 

The violent impact of a car accident can shake you to your core. From traumatic brain injuries to spinal cord injuries, bone fractures, and burns, an auto crash puts you at risk of numerous debilitating injuries. In such cases, immediate medical care is vital for survival. That’s why you should call for medical assistance the first chance you get—even if you don’t notice physical injuries.

Collect Contact Information 

Ensure that you obtain the relevant contact details of the other drivers involved in the collision. These include their full names, telephone numbers, addresses, car registration details, and insurance information. Also, check for witnesses and document their contact information. This ensures that you can reach out to them in the future whenever the need arises.

Gather Evidence

Your personal injury claim cannot progress successfully without evidence. The earlier you can obtain them, the better you can preserve them and guarantee their efficacy during negotiations and at trial. When taking photos of the crash scene, pay attention to points of impact, weather conditions, injuries, and property damage. It’s also important to capture the overall scene from multiple angles.

If you can, interview witnesses and do a voice recording of their statements. Remember that evidence is the oxygen that keeps your car accident claim alive. So, gather as many details as you can get—there’s nothing like too much evidence.

Call Law Enforcement 

In Birmingham, car accident victims are required to contact the police if the crash resulted in injury, death, or property damage above $250. This is essential for proper documentation which can prove useful as evidence in the future. When law enforcement arrives at the crash scene, cooperate with them and answer their questions. However, ensure that you don’t divulge too much information or admit fault in any way.

Call Our Birmingham Car Accident Lawyer 

You may feel tempted to accept an insurance company settlement as your medical costs mount. However, doing so on your own and immediately following a tragic accident is never a wise idea. Instead, the best thing to do is reach out to our car accident attorney as soon as possible.

Our auto crash lawyers are in the best position to guide you through every aspect of your claim. Our negotiation skills and in-depth knowledge of Alabama’s car accident laws will prove invaluable in your quest for maximum compensation.

Dial (251) 444-7000 to schedule a free consultation with us now.

Birmingham Car Accident FAQs

Our Car Accident Attorney in Birmingham Answers Frequently Asked Questions

Client questions are something we welcome and encourage. We want you to feel comfortable seeking the answers to your questions and concerns. The following questions are among the most frequently asked in car accident cases:

Can I Pursue Additional Funds Later if I Settle with an Insurance Company?

No. Accepting a settlement closes your claim. This is why you should protect your best interests by fighting for what you deserve now with help from our car accident lawyer. Our attorneys will consider past, current, and future costs in determining the value of your case. This way, we’ll ensure that you’ll receive fair and full compensation for your losses, thereby eliminating the need for additional funds after settlement.

The Insurance Company Blames Me for the Accident. What Should I Do?

Say nothing, never admit fault, and refer the insurance company representatives to your attorney. Our Birmingham car accident lawyers are trained for situations like this. We understand that this may be one of the insurance company’s tactics to force you into a low-ball settlement. So, we’ll provide ample evidence to counter their arguments and leverage our negotiation skills to get you fair compensation.

What Happens if My Loved One Died from the Car Accident?

If a loved one dies in a car accident, our wrongful death attorney in Birmingham can help you by pursuing punitive damages against the liable party through a wrongful death lawsuit. Alabama’s wrongful death law differs from those of other states in that it generally seeks to punish the responsible party through a punitive damages award. This is paid directly to the heirs of the deceased person, and not made part of the estate, so direct family members are most likely to receive the money.

My Loved One Died Months after Their Car Accident. Can I Still Sue?

Maybe, depending upon your relationship with the decedent (only the personal representatives or executors of the deceased’s estate can file a wrongful death lawsuit). Wrongful death cases involving negligence are possible whether the death occurred immediately or some time later. The most important thing is that you can prove that the death is as a result of complications from injuries obtained in the accident.

What If I’m Partially Responsible for the Accident? 

Alabama is a tort state, where negligent drivers are responsible for the other driver’s damages resulting from the crash. But the state employs the pure contributory negligence rule in apportioning fault among erring motorists. This means that if you were even 1% responsible for your accident, you cannot recover any compensation at all. So, our attorneys would have to show that the other party was 100 percent at fault for the accident.

How Long Will My Claim for Compensation Take to Settle?

It is difficult to determine how long your case may take, as each personal injury and wrongful death case is different. Typically, the duration of your case depends on numerous factors including the complexities of your case and whether a lawsuit is filed. Regardless of the unique circumstances, however, rest assured that our car accident lawyer will update you as your case progresses.

Are There Time Limits for Filing a Car Accident Case in Birmingham?

Yes. According to Ala. Code § 6-2-38, there is a statute of limitations or deadline for filing injury and wrongful death cases in Alabama. Per the law, you have only two years from the date of the crash to initiate a compensation claim. If you fail to file on time, the courts are likely to dismiss your case.

How Much Does an Auto Crash Attorney Cost in Birmingham?

Our Birmingham car accident lawyer works on a contingency fee basis. This means we collect no fees unless and until we win your case. Simply put, if we do not win, you do not pay. So, you have nothing to be worried about when it comes to financing your car accident claim when you work with us.

Do you have questions not listed above? Scheduling a free case consultation is the best way to learn more about your options for legal action. Car accident victims are not expected to know or understand state civil laws. Victims can, however, learn about the civil process and how our lawyer can help them with a consultation.

So, reach out to us now at (251) 444-7000 with all additional questions. You will find our team friendly and approachable. Our car accident attorneys also promise to be there for you throughout the entire legal process to answer questions and concerns as they arise. 

Get Help from Our Birmingham Car Accident Law Firm Now

Having Our Experienced Attorney Handle Your Claim Is the Single Most Important Decision in Your Case

The car accident attorneys at Caldwell Wenzel & Asthana Injury Lawyers have the skill, experience, and commitment to obtain the best possible recovery for you. We are compassionate and understanding, and we provide aggressive legal representation that serves our clients well. Other attorneys and insurance companies know that when we are handling a case, we will be prepared to take it all the way to trial.

Put our skilled, experienced car accident lawyers to work on your case now, while evidence is fresh and witnesses can be found. Call (251) 444-7000 today to schedule a free, no-obligation case consultation.