Filing A Claim With The Assistance Of A Personal Injury Attorney In Birmingham, AL

by | Apr 5, 2014 | Lawyer

Alabama upholds the mandatory automobile insurance regulation in which all drivers are required to maintain liability insurance. This ruling is an effort to cut down on injury litigation when possible. All drivers are required to maintain at least $25,000 to cover one victim involved in the accident, $50,000 for the accident with injury, and $25,000 for property damage. Any failure to maintain this insurance requirement is an immediate $200 fine issued by the respective county’s DMV. Drivers who are injured by uninsured motorists have the right to hire a Personal Injury Attorney in Birmingham AL to fight their case in the Jefferson County court.

Filing a Personal Injury Claim

The victim involved in the automobile accident can file their claim through the at-fault driver’s insurance provider through a third-party claim, if the driver complied with the law. He or she can file an injury claim through their own insurance carrier. When compensation is not recovered through either means, the victim may file a lawsuit at any time before the three-year anniversary of the accident. The attorney which is hired for the case must prove the validity of the claim before filing this lawsuit.

The state of Alabama is classified as a fault state and upholds responsibility of drivers who cause automobile accidents. The county in which the accident occurred will uphold the victim’s right to compensation based on this assumption. Any driver who causes an automobile accident in which a fatality occurs is subject to criminal penalties based on the circumstances. The state additionally upholds the rights of the victim’s family to file a wrongful-death lawsuit against all parties that played a role in his or her death.

Tort Rulings

Victims may file a claim for pain and suffering as well as mental or emotional trauma after an automobile accident. The state requires proof based on medical and psychiatric records to identify these occurrences in court. The county judge may adjust the value of the accident settlement to address these concerns. Anyone who was injured in an automobile accident and require a Personal Injury Attorney in Birmingham AL can Contact Forstman & Cutchen LLP.

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