Should You Settle or Litigate Your Alabama Car Crash Claim?

If you are unfortunate enough to be in an Alabama car crash, many thoughts go through your mind.

First, take care of any injuries. That is the priority. Make sure those injured, even slightly, receive medical care. That is important because soft tissue injuries may not be apparent immediately after the car crash. 

Then comes the question of who will pay for the damage to your car and body.

The priority will be to hire an experienced Alabama car accident lawyer. Attorney Chip Nix has been helping people involved in accidents like you for 40 years. There is nothing he hasn’t seen from insurance companies trying to minimize your damage and pay out as little as possible. You need to hear his advice to understand your options moving forward.

Whatever you decide, make sure you file your claim within the statute of limitations, which in Alabama is two years.

Settle or Litigate?

There is a reason most car crash claims settle.

You will face a delay in getting to trial when you go to court. When you do have a trial date, the clock runs on your court costs – lawyers, experts, a life care plan – all cost money.

You must consider the cost of litigation versus the potential gain if you go to trial. 

Some claims are worth millions, some just a few thousand. Injury compensation can range from $15,000 for a minor car crash to a half million or more for severe injuries. There is no one-size-fits-all regarding compensation, the type of injuries you suffered, the severity of injuries, and whether or not they will be permanently a part of your life.

At-Fault Insurance System in Alabama

Alabama follows an at-fault car insurance policy, meaning the person who caused the crash pays for it. If it is clear who caused the accident, their insurer may have to pay for your financial losses and medical bills. The Alabama bodily injury liability policy will pay up to $25,000 a person and $50,000 for one accident. 

If there is disagreement about who caused the accident, you will need to file a personal injury lawsuit against the driver and their insurance company. You and your attorney must prove that you did not contribute to the accident in any way. In Alabama, state law dictates that if you contributed any degree to the accident, you cannot recover from the other driver. That is Alabama’s contributory negligence rule. 

Litigate—What can you expect to receive if you decide to litigate? You can be compensated for the medical injuries you received and the loss of property, namely a car, and lost wages both now and in the future. Pain and suffering, also known as mental anguish, can be compensated in a severe car crash claim. For example, you have lost the enjoyment of life, and your activities are permanently altered. The emotional distress is part of the physical pain.

Typical minimal bodily injury liability in Alabama covers up to $25,000 per person and $50,000 per accident. 

Settle—There is a reason most car accident cases settle. It is faster than going to court, and you save the cost of litigation, namely, lawyers, accident experts, videographers, and medical experts who will testify about your condition and whether it is permanent. Settling means you will receive compensation sooner. Litigate and the other side may appeal, which takes time.

A good rule of thumb is to avoid taking the first offer. It is always low.

Your Alabama Car Crash Attorney

Attorney Chip Nix will consult with you on what you can expect, whether at trial or if you settle. He understands that we must consider the extent of your injuries and what they will cost in terms of treatment and long-term disability. Who was at fault in the accident, and is it clear who is liable for the car crash? That makes your case easier to bring to a swift resolution. Mr. Nix will also consider the insurance policy limit of the at-fault driver and whether it is adequate compensation.

As a seasoned Alabama Car Crash attorney, Chip Nix will walk you through the process so you can collaborate on the best approach to compensation following your car crash. One call to his Montgomery office at (334) 203-6669, and you can begin the conversation about your options to receive compensation and peace of mind.