Two people may be involved in very similar accidents and yet suffer very different financial losses. There is no standard formula that translates an injury into a specific amount of compensation in Alabama.
A claim’s value will depend on several factors. They include the severity of injuries, recovery time, ability to work, long-term consequences of the injury and available evidence.
Establishing Liability
In Alabama, liability is a particularly important issue. Alabama law uses a contributory negligence system. This means that the injured party won’t recover any damages if the accident was at least partially their fault.
For example, if an accident was caused by a driver running a red light, that driver would likely be responsible for the injuries and damage caused. However, if the other driver involved in the accident was distracted because they were texting while driving, their own negligence will become an issue in the injury claim and they, most likely, won’t be able to collect damages.
This is why, in a personal injury claim in Alabama, establishing liability and the value of the damages are important parts of the evaluation.
In addition to establishing who caused the accident, it should also be proven that the accident caused the injuries.
Severity of the Injuries
Injuries that are more serious and have lasting consequences generally come with greater compensation. They may require extensive treatment and lead to a greater disruption in the injured person’s daily life.
For example, a sprained ankle that will heal within a few weeks will generate different losses from an injury to the spinal cord that may permanently affect mobility.
A claim evaluation will consider:
- the type of injury;
- expected recovery period;
- permanent limitations;
- scarring or disfigurement;
- whether the injured person will require ongoing assistance;
- impact on everyday activities;
- and so on.
An insurance company may try to dispute the amount claimed, expressing doubt in the severity of the injuries. Or, the consequences under which the injuries occurred may be difficult to evaluate. In this case, the injured person may seek guidance from Wettermark Keith or another Alabama personal injury attorney for an in-depth understanding of what damages are available and the best ways to document them for evidence.
Medical Expenses And Future Treatment Costs
Medical expenses offer the clearest evidence of the financial impact of an injury. These costs may include:
- emergency treatment and hospitalization;
- diagnostic tests and imaging;
- surgery and appointments with specialists;
- prescribed medication;
- physical or occupational therapy;
- at-home medical equipment;
- and potential future treatment.
With serious injuries, future medical expenses can become particularly important. The injured party must gather evidence from physicians and other experts that clearly outline the need for future treatment, what procedures may be needed, and their cost.
Lost Income And Reduced Capacity
If the claimant had to miss work as a result of the injury, they can be compensated. They can also recover the income they will lose in the future if the injury prevents them from coming back to work or affects their capacity to work in their full capacity.
Medical records can be used to prove the extent of the injuries, and payroll statements will establish lost income. If future income is affected, testimony from experts, employers, and colleagues may be required.
Just like with medical expenses, the amount that’s been lost in income will have a direct influence on how much the evaluation of the claim.
Pain And Suffering
Not every consequence of an injury comes with clear monetary loss. And not every outcome of an injury is objective. But they remain serious effects that deserve proper compensation, as they can be life-changing.
Pain, suffering, and emotional distress can have a substantial effect on the injured person’s quality of life. They may not be able to partake in the same activities or lead the same social life. The accident may even cause serious mental conditions such as anxiety and depression.
These consequences are referred to as non-economic damages.
However, as these damages are not objective, the compensation awarded can vary wildly.
The following documents can support a claim of pain and suffering:
- medical records;
- treatment notes;
- photos of the injury or its consequences like scars and burns;
- personal journals;
- and statements from people close to the claimant who can attest to how the injury has changed their life.
How Insurance Companies Assess And Dispute Damages
In a personal injury claim, insurance companies will look into both liability and the amount of losses claimed.
An insurer may inquire if all the medical treatment is the result of the accident, if all the procedures were necessary, how much work the claimant missed as the direct result of the injury and so on.
Medical history may become relevant here too. If the claimant suffered from a pre-existing condition, an argument could be made by the insurance company that the accident simply aggravated an existing issue, but did not create a new one.
Another practical limitation would be the available policy. For instance, the statutory minimum motor-vehicle liability coverage in Alabama is $25,000 for bodily injury or death of a person. If two or more people are injured or killed, the minimum coverage amount is $50,000. However, the actual available coverage will be based on the specific insurance policies and circumstances of the accident.
Why Documentation Can Significantly Affect a Claim
A claimed loss is substantially easier to evaluate with strong evidence behind it.
If someone claims to have missed six weeks at work, a payroll statement can substantiate that claim. If a future surgery is needed, a physician’s recommendation can support it. If the injury has had a substantial impact on the defendant’s emotional state and personal life, for instance, because of noticeable scarring, treatment records and photos of the injury can illustrate the endured hardship.
Consistency is also important. Medical records, accident reports, financial documents, photographs, and witness statements must reinforce one another and come together in a logical and clear storyline of what happened and how it affected the injured person.
While there is no clear formula for calculating a personal injury claim, an attorney can estimate its potential value. They will take into account individual losses, the long-term effects of these losses, the strength of existing evidence, potential disputes regarding liability, available insurance coverage, and more. Proper documentation helps turn the incurred losses from assertions to facts.