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Frequently Asked Questions about Accidents and Injuries in Mobile, Alabama

Unfortunately, many people will be injured in an accident at some point. Most people who suffer such injuries do not understand their rights with regard to pursuing claims against the parties responsible for their harm or what they must prove to recover damages. As such, these are often many questions that arise after an accident. If you were hurt in an incident brought about by another person's recklessness, the knowledgeable Mobile personal injury attorneys of Tobias & Comer Law, LLC, can answer any questions you have about how you can protect your interests. Our skilled attorneys have ample experience representing injured parties in the Alabama courts, and if we represent you, we will work tirelessly to help you seek justice.

When Should I Call an Attorney?

If you were injured in an accident, the most important thing to focus on is your health. As such, your foremost concern should be seeking treatment for any injuries. After that, it is smart to contact an attorney as soon as possible. An attorney can help you preserve any evidence relating to claims arising out of your accident and ensure that you do not inadvertently waive the right to recover damages.

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How Much Does It Cost to Hire a Personal Injury Attorney?

The short answer is nothing!

We finance the entirety of your case, including the cost of experts, depositions and going to trial. We don't get paid unless your case has a successful resolution, through settlement or verdict.

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What is Negligence?

People often have a misconception and think just because someone's hurt, they're entitled to money damages, and that's just not true. What matters most is the other person's conduct that put them in that position. In Alabama and in federal law there is a concept called negligence and wantonness. Think of it in terms of a ladder and the ladder has three rungs. At the top rung of the ladder is intentional conduct - somebody means to hurt you and they do. The bottom rung of that ladder is something called negligence. Negligence is the failure to act as a reasonable person under the same or similar circumstances. That's the person who isn't paying attention and runs the red light or the person who inadvertently fails to do their job and misses the hazardous condition causing someone to be injured. Between negligence on the bottom and intentional conduct on the top is something called wantonness. Wantonness is the careless or reckless disregard of the health and safety of other people - you intend to act a certain way and it has dangerous consequences - drinking and driving is a good example of that.

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What is my Case Worth?

One of the questions that we often get is how much is my case worth? The short answer is, there are a lot of variables involved to determine what the value of any case is. Oftentimes you see commercials or people talking about a big settlement amount, but the truth is that each case is judged individually on its own merits. How bad was the conduct of the person who caused the injury? How serious is the injury? Is the injury permanent, is it something that's going to resolve, is there surgery involved? These are the questions that get asked and must be determined before we can give an opinion as to what the case is worth. So, oftentimes we won't know what the case is worth until we have reached the end of the case, and that's the same whether we're able to resolve the case or whether the case ultimately is decided by a jury. We won't know until the client gets to what's called maximum medical improvement. Maximum medical improvement is when you are back to where you were before your injury or are you as good as you're going to be. Once that happens, with all the other circumstances taken together, that's how we determine the value of your case.

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What is Maritime Law?

Maritime law, or admiralty law, is a combination of international and United States law that covers all injuries and torts that occur on navigable waters, which includes not only oceans but also lakes, rivers, and any other public body of water. Maritime law establishes the rights of crew members, ship caption's obligations to their crew and passengers, and other important legal issues.

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What is the Jones Act?

The Merchant Marine Act of 1920, typically referred to as the Jones Act, establishes the legal structure for the United States Merchant Marines. Among other things, it protects the rights of mariners who are hurt at sea since they do not qualify for workers' compensation benefits under maritime law. Specifically, it allows private mariners that are involved in the import or export of goods, mostly in a commercial setting, to pursue claims against their employers if they are injured while working, as long as they meet certain requirements.

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Can I Recover Compensation if I am Partially at Fault?

Alabama applies a pure contributory negligence rule, which means that if the plaintiff is deemed at all at fault for the incident that caused their harm, they cannot recover compensation.

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What Damages can I Recover?

If you prevail in a personal injury lawsuit, you may be awarded damages for the economic losses you suffered, such as the cost of medical treatment you needed for your injuries or will need in the future and lost wages. You may also be able to recover damages for the suffering, pain, and mental trauma caused by your harm. It is important to note, though, that in most cases, personal injury claims must be pursued within two years of the date of harm.

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Do I Need Uninsured Motorist (UM) Coverage?

Yes! Everyone should take advantage of the uninsured/underinsured motorist coverage through your insurance provider. Here's why - you never know if you or a family member will be seriously injured by a vehicle that has no liability coverage, or if it does have liability coverage, it has the minimum requirement of $25,000.00. This coverage applies if you are in a vehicle, or also if you are a pedestrian. Every policy is required by Alabama law to include UM coverage, unless expressly rejected in writing. Uninsured motorist coverage is an important coverage that you should always maximize and never reject.

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Consult an Experienced Mobile Personal Injury Attorney

Harmful accidents can cause significant damages, and people hurt in such incidents are often unsure about what steps they should take to safeguard their rights. If you suffered harm due to the negligence of another person, it is advisable to consult an attorney to discuss your potential claims. The experienced personal injury attorneys of Tobias & Comer Law, LLC, possess the knowledge and skills to assist you in seeking the full amount of compensation recoverable under the law, and if you hire us, we will advocate aggressively on your behalf. Our attorneys assist parties in personal injury cases in Mobile and throughout Alabama. You can contact us via our online form or at (251) 432-5001 to set up a free consultation.

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