Foley Alabama Attorneys
(251) 444-7000

toll free 855.390.5566

With more than four million licensed drivers and approximately 28 million yearly visitors, winding up in a car crash is a real possibility for Alabama road users. Accident victims often suffer serious and sometimes fatal injuries. Survivors may be left dealing with tremendous pain and suffering, as well as the financial impact of costly surgeries, hospital stays, rehabilitation, medication, and ongoing care, and loss of income from being unable to work.

If you or a loved one has been injured or someone has died in a Birmingham car accident due to another party’s negligence or fault, 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, pay for necessary care, and allow you to concentrate on getting well.

Car accident claims can be complicated, and insurance companies and their lawyers will often try to deny claims, get you to settle for less than your case is worth, or make it seem as if the accident is your fault, so it is difficult to go up against them on your own. Fortunately, there is legal help available to pursue a fair settlement.

The experienced car accident attorneys at Caldwell Wenzel & Asthana Injury Lawyers are fully prepared to investigate the accident, deal with insurance companies and their lawyers, and fight for optimum compensation for your losses. We offer a free consultation to discuss your case and determine the best way to move forward, so call us today to see how we can help.

Why Choose Our Car Accident Lawyers in Birmingham

Choosing the right Alabama 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 Injury Lawyers, 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 Car Accident Victims

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

When you retain us, we 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 into 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. A Birmingham car accident lawyer will aggressively take on insurance companies and their lawyers in pursuit of a just settlement.

Birmingham Car Accident Lawyer Must Prove 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.

There are many reckless behaviors that 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 Birmingham 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.

Damages Our Car Accident Lawyers in Birmingham May Recover

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 and also compensation for your “non-economic” damages that do not have a specific dollar value but negatively impact your quality of life.

The demand may include compensation for:

  • Costs of hospital, medical and rehabilitation care and equipment
  • 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
  • Physical and emotional pain and suffering, depression and anxiety
  • Loss of quality of life and consortium.

There is a wide range of damage awards possible in a car accident case, from thousands to millions of dollars, depending on the circumstances of the case. Factors that are considered in determining awards include the severity and permanence of your injuries, costs of care, and whether a wrongful death was involved. Our Birmingham car accident attorney will take the long-term impact of your crash into account and fight for a settlement that covers all your damages.

The Aftermath of a Birmingham Car Accident

The violent impact of a car accident can shake you to your core. In addition to painful injuries, the following days, weeks, months — and perhaps longer — can involve extensive medical treatment and care.

Severe and catastrophic injuries generally require a lengthy recovery. Learning to adjust to a new normal is a slow, painful, and expensive process for accident victims with especially tragic injuries.

Birmingham car accidents can involve:

  • Other drivers
  • Pedestrians
  • Bicyclists
  • Motorcyclists
  • Large trucks.

A collision involving these road users can significantly impact a victim’s life. The aftermath of a crash can leave victims with one or more of the following injuries:

  • Traumatic brain injury: The Centers for Disease Control (CDC) define a traumatic brain injury as a bump, blow, jolt, or penetrating head injury that disrupts normal brain function. A severe TBI may require relearning basic skills, such as speech and walking.
  • Spinal cord injury: A spinal cord injury affects movement and sensation. Paralysis makes a wheelchair or power chair necessary, along with costly home modifications for the chair.
  • Bone fractures: Multiple broken bones can affect limb usage, require surgery, and, in some cases, result in amputation. A lengthy recovery causes victims to miss work, with a possibility of no return to their job.
  • Burns: A car accident that ignites into flames can result in severe burns which typically require treatment at a specialized burn center, often far from family and friends.

Immediate medical care is vital for survival. You may feel tempted to accept an insurance company settlement as your medical costs mount.

Immediately following a tragic accident is not the time to accept an insurance company settlement on your own. Instead, it is time to reach out to a car accident attorney as soon as possible.

Birmingham Car Accident Attorney Answers FAQs

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. Protect your best interests by fighting for what you deserve now with help from a Birmingham car accident lawyer.

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

Say nothing and hire a Birmingham car accident attorney. Never admit fault; instead, refer insurance company representatives to your attorney.

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

If a loved one died in a car accident, our Birmingham wrongful death attorney 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 damage 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 Birmingham Car Accident. Can I Still Sue?

Yes, depending upon your relationship with the decedent. Wrongful death cases involving negligence are possible whether the death occurred immediately or some time later.

How Long Does a Civil Case Take?

It is difficult to determine how long your case may take. Each personal injury and wrongful death case is different. Your lawyer can update you as your case progresses.

You likely have questions not listed above. Scheduling a free case consultation is the best way to learn more about your options for legal action. You will find our team friendly and approachable.

Birmingham car accident victims are not expected to know or understand state civil laws. Victims can, however, learn about the civil process and how a lawyer can help them with a consultation.

Are There Time Limits for Filing a Case?

Yes, according to Ala. Code § 6-2-38, there is a statute of limitations, a deadline for filing injury and wrongful death cases, that is generally two years from the date of the crash. If you fail to file on time, the courts are likely to dismiss your case.

How Much Does a Birmingham Car Accident Lawyer Cost?

We work 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.

These are just a few of the questions you are likely to have. Rest assured that our Brimingham car accident attorneys will be there for you throughout the entire legal process to answer questions and concerns as they arise.

Get Help from Our Birmingham Car Accident Attorney

Having an experienced attorney handling your case is especially important in Alabama, as it 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. 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.

The Birmingham 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, results-oriented legal representation which 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.

Car Accident Lawyer

Call (251) 444-7000 today to schedule a free, no-obligation case consultation.