If you’ve been injured due to someone else’s negligence — car accident, trucking accident, animal attack, medical malpractice — you are entitled to seek compensation. If the accident was caused due to the other person’s action or inaction, it is not fair that you should suffer physically, emotionally, or financially. With the help of a competent Personal Injury Lawyer Montgomery AL you can file a lawsuit that helps you to gain compensation for all your losses.
In such cases, monetary damages are paid to the victim (the plaintiff), by the person who is legally liable for the accident (the defendant). The compensation can be agreed upon by a negotiated settlement between the two parties, their respective attorneys, and the insurance companies. The compensation can also be ordered by a jury after a court trial. Our Personal Injury Attorney Montgomery AL, at the Law Offices of Manley Traeger, has more than two decades of experience in tackling complicated personal injury cases.
Common Types of Personal Injury Cases
There are innumerable situations to which personal injury law can be applied, some of which are:
A Personal injury law applies when someone acts in a negligent manner and hurts or harms someone else. Some of the common instances that can result in injury, include vehicular accidents, medical malpractices, slips and falls, etc.
>> Defamation of Character:
It becomes a personal injury case when a person’s defamatory statement leads to the harm of another person.
>> Product Liability Claims:
A defendant can be found liable even without any intentional or negligent wrongdoing. This may include certain liability claims that may arise due to defective products.
>> Animal Bites:
In most cases, pet owners are the ones responsible for the bites and injuries caused by their pet.
>> Intentional Actions:
If the defendant’s intentional actions cause harm to another person, it can become a personal injury case. Examples of such cases, include assault and battery, and other intentional torts.
Most personal injury losses are classified as ‘compensatory’ that is the victim will be compensated for the harm caused. The different types of compensatory damages include:
>> Medical Bills:
Any personal injury reparation provides for the cost of medical care that the victim has already received.
>> Lost Wages:
The victim may get compensated for an accident’s impact on his/her salary. Also, there is provision of reparation for any future loss of income.
>> Pain and Suffering:
In a personal injury case, the plaintiff is usually entitled to get compensation for pain and all severe discomfort caused in the aftermath of an accident.
>> Emotional Distress:
The victim is meant to be compensated for the psychological impact and the emotional distress that the accident has caused.
>> Loss of Consortium:
If negligence or carelessness of the defendant leads to the death of someone, the dependents of the deceased can file a wrongful death lawsuit against the accused. In such cases, consortium damages are offered to the affected family members.
The Personal Injury Attorney Montgomery at the law offices of Manley Traeger is fully aware of the U.S law and norms. We have represented victims of various injury causes. We can help you to build a case that can get you the compensation you are entitled to.
How Strong a Personal Injury Case Is, Depends on Four Key Elements
It’s crucial to establish that it was the duty of the defendant/accused to act with reasonable caution, to avoid any risk of injury to anyone.
2. Breach of Duty:
While pursuing compensation, it’s also essential to validate that the other person breached the duty by acting carelessly.
Not all breaches of duty lead to compensation. Thus, you need to demonstrate that you were actually injured due to the actions of the responsible party.
Finally, it’s crucial to provide evidence of how your life has been adversely impacted due to the injuries caused by the accused.
Reasons to Hire a Personal Injury Attorney
You are entitled to get suitably compensated for injuries caused due to the carelessness of someone else. The money you receive from this compensation could help pay for your medical expenses and loss of wages. However, obtaining such payment can be tricky in the absence of an experienced personal injury lawyer.
There are several reasons why you should hire competent Montgomery Personal Injury Lawyers. Some of the primary reasons include:
- Objectivity—An attorney can make better decisions on your behalf
- Experience—An experienced attorney can provide the right guidance
- Red tape—A lawyer is equipped to handle complex legal procedures and jargon
- Time—Your attorney will waste no time to take care of all the legal work
- Settlements—Your lawyer is the most suitable person to negotiate an effective settlement on your behalf
What is a Complicated Personal Injury Case
Complicated personal injury cases are the ones that involve severe injuries and multiple defendants. Here are some examples:
- A victim is hit by a gigantic truck on a construction site: Determining liability in such cases is difficult because the accident may have been caused due to inadequate maintenance of the truck or because the construction site did not have proper signage.
- An employee is injured on a construction site: In such instances, either the construction manager could be liable for failure to inspect the workers’ equipment, or the manufacturer of the product could be held responsible for the defective design.
Reasons for the Failure of a Personal Injury Lawsuit
Before filing a lawsuit for personal injury, it’s vital to assess whether there are any loopholes in the case. Insurance companies take advantage of these weaknesses to deny a claim right away. There could be multiple reasons for the failure of your personal injury claim. Some of these include:
- You failed to seek medical attention after the accident
- You did not support your claim with adequate documentation
- You did not inform the law enforcement officer
You did not seek the assistance of an experienced and skilled attorney
Process of Filing a Personal Injury Lawsuit in Montgomery
If you live in Montgomery, Alabama and believe that you’ve suffered personal injury, here’s the process of filing a litigation:
>> A Lawsuit is Filed:
The process begins with your lawyer filing a lawsuit in the appropriate court. Once the claim is filed, the clock starts running on when the case will go to trial. Usually, it takes one to two years for a personal injury case to go to trial. It’s important to note that every State has a specific statute of limitations, and the claim should be filed within the specified timeline.
>> Discovery Process:
It is the process in which each party examines what the legal claims and defenses are. They send questions (interrogatories) and depositions of all the relevant witnesses. Depending on the complexity of the case and the court’s deadline, the process can last anywhere from 6 months to a year.
There are times when lawyers settle a personal injury case just by talking among themselves and reaching an agreement. In other cases, there’s mediation. It is the process in which both the lawyers and the clients go in front of the mediator and try to settle the case.
In most cases, mediation works. However, when it doesn’t, the case goes for trial. A personal injury case trial can last for a day, a week, or even longer. It’s important to note that trials often get delayed, at times for the most insipid reasons.
As every personal injury case is unique, a timeline of a particular injury case can be determined only after thorough analysis.
Qualities to Look For in a Personal Injury Lawyer
When confronted with a personal injury, it’s always a better decision to seek the assistance of qualified Montgomery Personal Injury Attorneys. Here are some key qualities to look for in a personal injury lawyer:
>> Compassionate Assistance:
The best personal injury lawyers keep the interests of their clients in mind. It includes doing all the cumbersome research, filing documents, meeting with clients and their families, handling complex paper work, etc.
>> Extensive Experience:
Personal injury lawyers with numerous years of experience validate an ability to handle complicated cases. Insurance companies have an idea which lawyers won’t agree to an informal settlement. Therefore, it’s advantageous to have the assistance of such trained lawyers.
>> Reputation Among Peers:
Look for attorneys who have earned the reputation among their peers. Respect among peers cannot be bought. It’s earned by delivering successful results, consistently.
Why Hire the Services of Personal Injury Attorneys in Montgomery
>> Hands-on Experience:
Seasoned personal injury attorneys in Montgomery at the Law Offices of Manley Traeger have a wealth of experience in pursuing all types of accident cases, medical malpractice disputes, and animal bite compensation
>> Free Consultations:
Our Personal injury lawyers in Montgomery offer free initial consultations to our prospective clients. Therefore, you have an opportunity to discuss your case with us. We work on a contingency agreement basis, which means that we do not seek any payment unless our lawyers win the case for you.
>> Reduced Stress:
Once you hire the services of our personal injury lawyers, we deal with the insurance companies on your behalf. The end result is definitely—reduced stress.
>> Statute of Limitations
Our efficient and dedicated personal injury lawyers ensure that you do not miss the deadline for filing a lawsuit.