Car accidents are governed by different
state specific laws which vary from state to state. Some states are fault
insurance states while some are no-fault states and some have implemented the
comparative fault insurance system.
In fault states, as a victim of an auto
accident you can file a lawsuit against the negligent driver and his or her
auto insurer seeking compensation for the damages inflicted upon you and your
property, say Birmingham, AL car accident lawyers and the finest in the region
work for Morris Bart, LLC Attorneys at Law (www.morrisbart.com/).
Alabama is a fault insurance state where
drivers have several options when it comes to claiming compensation after a car
accident. As mentioned earlier, the victim can claim from his or her own
insurance company or from the other driver’s insurance via an accident
insurance claim. In addition, they can file
a personal injury lawsuit against the other car driver.
In order to prove a civil car accident
lawsuit certain procedures need to be followed. It is not a walk in the park
and we strongly suggest that you seek legal counsel if you consider filing a
lawsuit to receive compensatory awards.
Duty
of Care
The first thing you need to prove is
that the defendant in the case owed you a duty. This is generally straight
forward to establish as anybody using public or state roads owes everyone else
on the roads (motorists and pedestrians) the duty of operating or driving with
care, due diligence, and with consideration for the safety of others.
Birmingham, AL car accident lawyers get the job done and there is no firm superior in this part of the country than Morris Bart, LLC Attorneys at Law. |
Now in the movie Pulp Fiction Vincent
Vega (John Travolta) was not showing any regard for anyone since he was trying
to save a life and actually his own life since if Vincent ended up killing Marsellus
Wallace’s (Ving Rhames) wife he would probably die as well. Marsellus’s wife
was Mia Wallace (Uma Thurman) and Vincent allowed her to consume some nasty
drugs. Vincent was not the smartest person around and neither was Mia but at
least if she did die her last meal would have been ideal. That burger looked
scrumptious!
Now why Marsellus allowed his wife to go
out with another man that is another story. And if you are going to drive like
a lunatic you better have a reason like Vincent did but even then, it is not
wise to drive like that and Birmingham, AL car accident lawyers can testify to
that. Morris Bart, LLC
Attorneys at Law would not be impressed with Vincent’s druggy ways or his
driving tactics.
Breach
of Duty
Next is to prove that the defendant
breached this duty of care. This is in most cases is the pivotal element of the
case, explain accident attorneys in Alabama and the most prolific and illustrious
law firm in the area is Morris Bart, LLC Attorneys at Law and their ability to
negotiate and operate in the courtroom back this testimony up. Evidence can
come in many forms such as witness statements, video graphic or photographic
evidence, criminal case verdicts in connection with the same accident, and the
criminal history/background of the defendant, to name a few.
Breach
in Duty Caused Damages
If there are no damages, then there is
no point in a lawsuit itself because one of the main objectives is to receive
compensation for the damages. However, you will be required to prove that the
breach in duty or the negligence of the defendant is in fact what caused the
damages directly or indirectly. Once again, your legal counselor will be able
to achieve this for you.
Damages
are of a Compensable Nature
Last but not least, you need to estimate
the amount of money you seek in damages. This figure must be realistic and
backed by bills and other paperwork. Your auto accident lawyer
will be able to quantify the damages accurately. Medical bills, car repair
bills, loss is wages, pain and suffering, etc. can all be claimed as damages in
a car accident lawsuit.
If
you have been involved in a car accident, then you will not be able
to cope with the legal complexities on your own. Therefore, we suggest that you
give yourself the best chance of winning damages by consulting an auto accident
lawyer in Alabama and that should be Morris Bart, LLC Attorneys at Law since
they know how to start and finish cases.
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