Thursday, July 7, 2016

Are you a victim of an auto accident? Here’s what you should know before filing a claim…..

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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