We have extensive experience handling automobile accidents, workers' compensation claims, injuries caused by dangerous products and equipment, construction site accidents, and other serious injury and death claims.

Damages is the sum of money a jury may award the injured party based on the jury's reasonable view of the evidence presented at trial.  There are different types of damages recoverable.

REMEMBER IT IS A JURY NOT AN INSURANCE ADJUSTER WHO HAS THE FINAL WORD AS TO WHAT FAIR AND REASONABLE COMPENSATION IS FOR YOU.

1.Permanent Injury (or Disfigurement).

When you have been injured it is up to a jury to determine from the evidence the nature, extent and duration of your  injuries.  If the jury is reasonably satisfied that you have suffered permanent injuries (or disfigurement), and that such injuries proximately resulted from the wrongs complained of, then the jury should include in its verdict such sum as it determines to be reasonable compensation for such injuries.

2.Personal Injury-Medical Expenses. 

The measure of damages for medical expenses is all reasonable expenses necessarily incurred for doctors’ and medical bills which the plaintiff has paid or become obligated to pay [and the amount of the reasonable expenses of medical care, treatment and services reasonably certain to be required in the future].  The reasonableness of, and the necessity for, such expenses are matters for the jury's determination from the evidence.

3.Pain and Suffering/Mental Anguish. 

The law has no fixed monetary standard to compensate for physical pain and mental anguish.  This element of damage is left to the good sound judgment and discretion of the jury as to what amount would reasonably and fairly compensate the you for such physical pain and mental anguish as the jury finds from the evidence.

If the jury is reasonably satisfied from the evidence that you have undergone [or will undergo] pain and suffering or mental anguish as a proximate result of the injury in question, it should award a sum which will reasonably and fairly compensate him for such pain, suffering, or mental anguish [already] suffered by him [and for any pain, suffering or mental anguish which you are reasonably satisfied from the evidence that he is reasonably certain to suffer in the future].

4.Punitive Damages.

The purpose of awarding punitive or exemplary damages is to allow money recovery to the plaintiff by way of punishment to the defendant, and for the added purpose of protecting the public by deterring the defendant and others from doing such wrong in the future.  The imposition of punitive damages is entirely discretionary with the jury.  Should the jury award punitive damages, in fixing the amount, it must take into consideration the character and degree of the wrong as shown by the evidence in the case, and the necessity of preventing similar wrongs.

For a plaintiff to be entitled to recover punitive damages the plaintiff must prove by clear and convincing evidence that the defendant consciously or deliberately engaged in oppression, fraud, wantonness, or malice with regard to the plaintiff.

Clear and convincing evidence means evidence that, when weighed against evidence in opposition, will produce in the mind of the trier of fact a firm conviction as to each essential element of the claim and a high probability as to the correctness of the conclusion.  (Proof by clear and convincing evidence requires a level of proof greater than a preponderance of the evidence or the substantial weight of the evidence, but less than beyond a reasonable doubt.).

Oppression means subjecting a person to cruel and unjust hardship in conscious disregard of that person’s rights.

Fraud means an intentional misrepresentation, deceit, or concealment of a material fact the concealing party had a duty to disclose, which was gross, oppressive or malicious and committed with the intention on the part of the defendant of thereby depriving a person or entity of property or legal rights or otherwise causing injury.

Wantonness means conduct which is carried on with a reckless or conscious disregard of the rights or safety of others.

Malice means the intentional doing of a wrongful act without just cause or excuse either:

A.With an intent to injure the person or property of another person or entity, or

B.Under such circumstances that the law will imply an evil intent.

5.Collateral Source Rule.

In Marsh v. Green, 782 So.2d 223 (Ala. 2000), the Alabama Supreme Court reversed American Legion Post #57 v. Leahey, 681 So.2d 1337 (Ala. 1996).  Leahey had previously held unconstitutional Alabama Code, 1975 § 12-21-45 which authorized the court to admit evidence of collateral source payments.  Marsh revived the constitutionality of section 12-21-45.   Marsh was followed by Hull v. Jackson, 2001 WL 283246.  Hull purported to limit recovery of medical expenses to the amount actually accepted by the provider.   The Hull opinion was, however, subsequently withdrawn.  See The Collateral Source Rule in Alabama, 53 Ala. L. Rev. 1249 (2002).

6.Personal Injury-Elements.

The plaintiff claims compensation for the following items or elements of damages:

(Medical expenses)

(Loss of earnings)

(The impairment of the plaintiff’s ability to learn)

(Physical pain and suffering)

(Mental anguish)

(Permanent injuries and disabilities)

(Disfigurement)

(Aggravation of pre-existing condition)

(Injury aggravated by disease or other cause)

(Others as claimed)

7.Subrogation.

Subrogation is the right of the collateral source payer to be reimbursed.  To the extent defendant will prove collateral source, plaintiff must prove subrogation.  Generally, subrogation can be established by stipulation or admission.

8.Loss of Earnings. 

In determining the amount of damages for loss of earnings, you should consider any evidence of the plaintiff’s earning capacity, his earnings, the manner in which he ordinarily occupied his time before the injury, his inability to pursue his occupation, and determine what he was reasonably certain to have earned during the time so lost, had he not been disabled.

9.Compensatory. 

The purpose of awarding compensatory damages is to fairly and reasonably compensate the injured party for the loss or injury sustained.  Compensatory damages are intended as money compensation to the party wronged, to compensate him for his injury and other damages which have been inflicted upon him as a proximate result of the wrong complained of.

Thought must be given as to where to file your lawsuit.

1.Jurisdiction.

In order for jurisdiction to be established within the state or federal courts of Alabama, the defendant must have sufficient contacts with the state to satisfy the requirements of Alabama’s long arm jurisdiction statute.  If the accident occurred within the State of Alabama, then jurisdiction is easily established.  If the accident occurred outside the State of Alabama but plaintiff sees Alabama as a more favorable jurisdiction for suit, then minimum contacts between the defendants and the forum must be established.  Federal jurisdiction is established if there is complete diversity and more than $75,000 at issue.  If the diversity jurisdiction requirements of federal court are not demonstrated then the action must be brought in state court. 

2.Venue.

Even if jurisdiction can be established in the State of Alabama, if the accident happened outside the state or if the parties and significant witnesses are outside the State of Alabama, venue may nevertheless be transferred to a foreign jurisdiction if it would be  substantially more convenient.

On the issue of forum non-conviens Alabama law provides that deference should be given to the plaintiff’s choice of venue.   In order for a defendant to obtain a transfer of venue the defendant must establish that some other venue would be substantially more convenient based on the location of the parties, the incident giving rise to the cause of action, and potential witnesses in the case.  The defendant must affirmatively show in support of its motion by affidavit or otherwise why the competing form would be substantially more convenient. 

Proper venue can be established in any county where one of the following can be shown:  (1) the accident occurred in that county; or (2) the defendant can be found in that county.  An action filed in the wrong venue is subject to a motion to dismiss for improper venue or in the alternative a motion to transfer venue.  If the chosen venue is correct, but an alternative proper venue would be substantially more convenient then the doctrine of forum non-conviens applies.

3.Statue of Limitations.

You should keep in mind that regardless of the venue or jurisdiction in which the case is filed the applicable statute of limitations is a substantive and not a procedural issue.  This means that if the accident arises in another state but is filed in Alabama, the appropriate statute of limitations for the state in which the accident occurred may control.  For example, if the accident occurs in Tennessee, but jurisdiction and venue can be properly obtained in Alabama and the suit is filed in Alabama, the Tennessee one year statute of limitations rather than the Alabama two year statute of limitations would be applicable. 

Discovery and Trial Preparation.

From the day we accept your case our trial preparation and fact discovery begins. Prior to suit being filed this is known as informal discovery. We talk to witnesses, we gather pertinent documents, we begin talking to expert witnesses, we may conduct detailed reviews of the scene of the incident or the vehicle involved. We examine your case from every angle to assure that all your rights are protected. For example, there may be more than meets the eye in a simple automobile accident. Did restraint systems fail like air bags and seat belt locks? Were there contributing road conditions like poorly marked construction? Where there system failures like brakes and tires? When you are involved in an accident with a commercial vehicle like a tractor-trailer, these issues become even more complex. Were there problems with the truck? with the load? or with the driver?

Once suit is filed we start the process of formal discovery. There are documents and things we will want from the other party. There are documents and things they will want from you. We will want to take the other party's testimony by deposition, a method of simply taking testimony before trial that is under oath. The other side will want your deposition. There may be motions back and forth the try and exclude or limit access to various types of evidence.

Trial.

Once formal discovery is complete your case is ready for trial. Many judges will order the parties to negotiate toward a settlement using a third party mediator or go between before allowing the case to move forward. Mediation offers many advantages in crafting a settlement that going to trial does not. Nevertheless, some cases must simply be tried. We have significant experience in trying both jury and non-jury cases and presenting evidence in a way that is effective, comprehensible, and which leaves an impact on the jury.