Articles Posted in Personal Injury

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If you’ve the unfortunate experience of being in a car wreck, you may wonder, “How do I figure out how much insurance the other person has?”

Pretty important question if you need money from the other side to compensate you for lost wages, pain and suffering, medical expenses, permanent injury, etc.

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Punitive damages are an important part of the law but the business community has done a great job of “demonizing” punitive damages (except when a business has been harmed then it is “ok” to get punitive damages).

So what are punitive damages?

Punitive damages are awarded in rare circumstances where the defendant (the one sued) has caused injury intentionally or recklessly.

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Ultimately you show the jury enough evidence to convince them the other driver was at fault. So how do you do this?

Right After The Wreck

Take pictures of your car, the other car, the scene, and any injuries you have. Make sure to save those pictures on your computer and a back up — dropbox, google drive, etc.

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This is known as a “pre-existing” injury and you can still be compensated for a negligent person making your pre-existing injury worse.

Practical Reality

If you are over the age of 20, you likely will have some pre-existing injuries. Maybe in high school you hurt your knee. Or you hurt your back on your job.

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Alabama is one of only two states in the nation that has what is called contributory negligence. This means if you, the injured victim, were at fault in any way for the car wreck, slip and fall, etc. then normally you cannot recover any damages against the party that was primarily at fault.

Most states have something called comparative negligence which means that the court “compares” your degree of negligence with the degree of negligence of person or company that you sue. Normally your damages will be reduced by whatever percentage you are at fault.

But in Alabama if you are even 1% at fault, the normally the defendant will win the case based upon contributory negligence.

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Almost every car insurance policy has a provision called “medical payments,” which will pay for medical bills if you are involved in any type of wreck in your car. Many people who are injured in a car wreck do not think about this provision of their insurance but we want to spend some time talking about this important part of your insurance.

How much med pay do I have?

Normally, your medical payments or med pay will be around $5000. You can ask your insurance agent or check your insurance card as it may have the amount listed.

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