- Personal Injury
- Vehicle Accidents
- Other Practice Areas
- Client Victories
- Why Refer?
- Our Firm
- Contact Us
You shouldn’t have to pay the financial price for another driver’s carelessness. Car accidents can happen in a split second and often involve serious injuries. Whether you encounter a drunk driver, someone who’s speeding, or a distracted driver preoccupied with a cell phone, these reckless drivers can create havoc and danger on the road. If you’ve been hurt in a car accident caused by someone else’s negligence, our Daphne car accident lawyers can fight to get the compensation you deserve.
You may be facing mounting medical bills, time off work, months of rehabilitation and an uncertain future, not to mention pain and suffering. Some accident victims are disabled for life. These are the types of damages you can recoup in a car accident lawsuit.
A Daphne, AL, car accident lawyer at Caldwell Wenzel & Asthana can assess your case and estimate what it might be worth. We are here to fight for the compensation you need to move ahead with your life. To find out more about how we can help, call us at (251) 444-7000 for a free consultation.
The Daphne car accident lawyers at Caldwell Wenzel & Asthana stands head and shoulders above the rest when it comes to aggressively negotiating and litigating personal injury claims. Attorneys C. Randall Caldwell, Jr, Dee Asthana, and Drew Wenzel have decades of experience successfully representing clients to get the largest payouts possible. Our legal team has achieved outstanding client victories and proven case results. We handle car accidents, truck accidents, pedestrian injuries, motorcycle accidents, and many other types of claims. When you hire us, you receive our full attention, compassion, and commitment to see the case through to a successful conclusion. We come highly recommended by many satisfied clients. We also offer an attractive attorney referral program.
From start to finish, a Daphne car accident attorney at our firm will walk beside you every step of the way so you don’t feel overwhelmed by the legal system. We’ll answer all your questions, explain legal concepts in terms you can understand, and offer you guidance in decision making.
We’ll relieve the stress of filing your legal claim. Here are some of the things we’ll do when we handle your case:
We’ll also keep you closely informed about your case throughout the claims process. You will never be left to wonder and worry about what is happening with your case.
There are a variety of damages a dedicated Daphne, AL, car accident lawyer can help you seek in your legal claim. The damages you ask for will depend upon the severity of your injuries and other details unique to your case. Damages generally fall into three categories — economic, non-economic and punitive damages.
Reimbursement for Doctor Bills, Lost Time at Work and Other Measurable Losses
Measurable losses, also called economic damages, include costs that can be easily quantified in dollar figures. Doctor bills, hospital expenses, rehabilitation, medicines, lost time at work, property damage, and loss of future earnings potential all fall into this category. Even tasks you may need to pay for because you can no longer perform them can be asked for as economic damages such as house cleaning, lawn maintenance, childcare, and other similar services.
Payment for Pain and Suffering for Your Physical and Mental Trauma
Non-economic damages are much harder to quantify and put a price on. But when your life has been turned upside down because of another person’s negligence, you are entitled to compensation for these intangible losses. Physical pain, emotional stress, loss of enjoyment of life, disfigurement and scarring, damaged relationships with family and other individual losses fall into this category.
Compensation to Punish Negligent Parties
Sometimes, but not always, a judge will award punitive damages to punish the defendant for egregious disregard for the safety of others and to send a warning to other would-be wrongdoers. One example of punitive damages might be a judge awarding additional compensation in a drunk driving accident in which someone was severely injured or killed.
Our personal injury lawyers have represented hundreds of accident victims, and, over time, we hear many of the same questions. Below is a list of frequently asked questions with answers.
Q: How many people die in car accidents each year?
A: More than 38,800 people died in motor vehicle crashes in the U.S. in 2020, according to the Insurance Institute for Highway Safety (IIHS). Of those, 934 people died in vehicle crashes in Alabama.
Q: Is Alabama an at-fault state?
A: Yes, Alabama follows the at-fault rule, otherwise known as a tort state or fault system. This means at-fault drivers must pay for the other person’s losses, including medical bills and property damage.
Q: How many parties can I sue in a Daphne car accident claim?
A: You can name one, two or more defendants in a car accident lawsuit, depending on the facts in your case. For example, the driver of the other vehicle is an obvious person to sue. You could also sue a government agency if it failed to keep the road clear of debris and in good repair. You might also sue the vehicle manufacturer if a mechanical or electrical defect caused the crash. In a collision with a large truck, you could sue a trucking company because it failed to train its drivers adequately or conduct periodic maintenance on its trucks.
Q: How do you prove negligence?
A: To prove that the other driver or vehicle manufacturer was negligent, your attorney will have to prove four elements: Duty, Breach, Causation, and Damages. These are the four pillars of negligence. To learn more, read about negligence here.
Q: What if my loved one was killed in a car crash?
A: It is always unbearably tragic when someone dies in a collision caused by someone else’s negligence. In these cases, you can file a wrongful death lawsuit to recoup not only the damages listed above, but also funeral and burial costs. While no amount of money can bring your loved one back, financial compensation can help provide for the family members left behind so they can move forward with life.
Q: What kinds of injuries result from car crashes?
A: There are the obvious injuries you might expect from car crashes – broken bones, cuts, back injuries, burns, and neck injuries — but there are also hidden injuries that often go unnoticed. Click here to read about those.
Q: What if I was partially to blame for the accident?
A: Alabama is one of only four states nationwide that follow the contributory negligence doctrine. This means that a person is barred from recovering damages if he or she is found to be even 1% responsible for the accident. It’s an all-or-nothing approach under the strict contributory negligence doctrine. (ARCP, Rule 8(c)) Jackson v. Waller, 410 So.2d 98 (1982).
Q. Is it more beneficial to negotiate a settlement or to go to trial?
A. If a fair amount is offered to you in a settlement, it can be beneficial to settle because you are guaranteed compensation. In a jury trial, there is no absolute guarantee that you will win, so you might not receive anything. But when you can’t reach a reasonable settlement amount, or if the other party won’t admit fault or is playing hardball, going to court may be the only choice. Jury awards in car accident cases are often larger than what might have been received in a settlement. To help you get the compensation you need, we will build the strongest possible case to motivate a fair settlement. And if that isn’t an option, we’ll fight passionately for you in court.
We hope these answers have been helpful. If you have additional questions about your car accident, call us at (251) 444-7000. The initial consultation is free, and you’re under no obligation.
The statute of limitations for personal injury cases in Alabama is two years. ( Ala. Code. Sec. 6-2-38) This means if you want to sue a reckless driver who caused a car accident, you must file your lawsuit quickly. The clock begins ticking on the date of your accident in most cases, unless there are exceptions that apply.
When you trust us with your car accident case, you can rely on our Daphne car accident lawyers to file all paperwork in a timely manner and meet all deadlines. We have in-depth experience in navigating courthouse procedures, and we’ll make sure all necessary filings are completed thoroughly and promptly.
It can be hard to think straight in the days and weeks following a terrifying car crash. Still, there are some things you should try to do and not do in the days after a collision that can boost your legal claim.
If you’re ever uncertain what to say or do, contact a Daphne car accident lawyer from Caldwell Wenzel & Asthana at (251) 444-7000 and ask for guidance.
The motor vehicle accident lawyers at Caldwell Wenzel & Asthana have the skill, experience, and commitment to obtain a fair recovery for you. Our Daphne car accident attorneys have a reputation for providing aggressive, results-oriented legal representation, and we know how to win cases. Some firms might prefer to aim for settlements, but we always reserve the right to litigate in a courtroom if our client requires it. We will never back down from a fight. Put our skill, experience, and tenacity to work for you.
Call (251) 444-7000 or toll free at (855) 390-5566 today for a free case consultation. We take car accident cases on contingency, so you pay us only if we win you money.