What Warrants a Valid Personal Injury Settlement Claim in Huntsville?

If you wish to pursue a personal injury settlement claim in Huntsville, Alabama, you must be sure that you have a valid claim on your hands. You’ll need to prepare the documents properly to solicit compensation that accurately reflects your damages and losses.

A Huntsville injury law team can help you understand whether you have a solid claim on your hands and strengthen your claim. They will help you gather evidence, speak with witnesses, prepare testimonies, gather documents such as police reports or medical records, and negotiate on your behalf with the insurance company. But what warrants a valid personal injury settlement claim in Huntsville? Here is everything you need to know:

Key Elements of a Valid Personal Injury Claim

For any type of personal injury claim to be considered valid, a victim must meet four essential elements:

Duty of Care

The first element or requirement is the duty of care. The victim must prove that the responsible party that injured them owed them a duty of care. This means that the at-fault party or entity was obligated to act in a way that would not cause harm to others. For example, the duty of care of a driver is to operate their vehicle safely and adhere to traffic laws and regulations.

Breach of Duty

The second requirement in a personal injury claim is demonstrating the breach of duty. In this case, the victim must prove that the party they are suing breached their duty of care. This can refer to various actions. For example, the breach may have occurred due to negligent actions, such as distracted driving, or through failing to maintain safe conditions surrounding their property.

Causation

The third requirement in a personal injury claim is causation. The injured party must demonstrate that the breach of duty resulted in their injury and other losses and damages. A clear link must be established between the negligent act and the harm suffered. For example, a negligent driver ran a red light and collided with you, resulting in your injuries.

The at-fault party might argue that you were already injured and they have nothing to do with your injury. However, if you have witnesses, photos, a police report, and medical records, you can prove that they are responsible for the damages.

This is why it’s crucial to seek medical attention right away when an accident occurs and report it to authorities.

Damages

The final requirement for a personal injury claim is demonstrable damages. In other words, you must prove you suffered actual damages as a result of the incident.

As mentioned before, this can be through evidence such as medical records, police reports, witnesses, and photos. However, in a personal injury claim, you will not seek compensation just for your injuries and property damage.

If the accident resulted in severe injuries and you were left unable to work, you can also seek compensation for pain and suffering and lost wages. You must gather the necessary evidence to prove that you were unable to work, and for what period. Keep copies of all medical treatments, bills, and out-of-pocket expenses related to your recovery.

Since some accidents are especially traumatic, many victims will develop PTSD or other mental disorders. To seek compensation for these non-economic damages, you must show how the accident impacted your mental well-being.

Personal testimonies and those of family and friends can also attest to how the accident affected your quality of life so that you can seek damages. In situations where your pre-existing medical conditions were worsened by an accident, or if your claim faces scrutiny, you may need expert witnesses.

Expert witnesses are professionals in their field—for example, a healthcare provider or an accident reconstruction expert. Their testimonies can be invaluable when pursuing a claim and can enhance your compensation amount. Speak with a personal injury lawyer to learn more.

Personal Injury Laws That Can Affect Your Claim

In most states, you can pursue damages even if you share a degree of fault for an accident. Most states follow a modified comparative negligence system where each party is assigned a percentage of fault.

In some cases, if that percentage is too high, a plaintiff cannot recover damages any longer. In Alabama, things are different as the state follows the contributory negligence system. This means that even if you are discovered to be 1% at fault for your injuries, you will be barred from seeking damages.

There’s also the state’s statute of limitations to consider. In Alabama, you generally have two years from the date of the accident to file a lawsuit. Failure to do so means you will no longer be eligible to pursue compensation unless special circumstances apply to your case.

Common Examples of Personal Injury Claims

In Huntsville, AL, many scenarios may lead someone to pursue a personal injury claim. Here are some common examples:

Car Accidents

If you’re in a car accident, you might have the grounds to pursue a claim. Car accidents are sometimes complex personal injury cases when it comes to liability. Some drivers may share all the fault, but in some cases, the fault is distributed to multiple parties.

Truck Accidents

Truck accidents often result in more severe injuries than regular passenger vehicle accidents. However, establishing liability is a bit different for commercial vehicles. This is because the fault can be distributed not only to the driver of the truck, but also to the truck company, service providers, or manufacturers of defective products. A thorough investigation is required to establish if multiple liable parties exist.

Slip and Fall Accidents

When a property owner fails to maintain safe conditions on their premises and an individual suffers injuries because of it, the owner can be held liable.

Medical Malpractice

If a healthcare provider does not provide the standard of care to their patient or worsens their condition, they can be held liable for medical malpractice. In these claims, expert witnesses are crucial to prove that the standard of care was breached.

Workplace Injuries

If workers are injured due to unsafe working conditions, their employer can be held liable.

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More Recommended Ebike/Scooters

Check out these other ebikes and scooters I've reviewed:

Urban Arrow Ebike – Last year, I made one of the largest purchases I’ve ever made – I bought a $9,000 electric cargo bike from Urban Arrow. In my Urban Arrow review, I will discuss what it is and why I decided to buy this bike, as well as discuss how impactful a bike like this can be on your journey to financial independence.
Troxus Explorer Step-Thru Ebike – The Troxus Explorer Step-Thru is a fat-tire ebike that I’ve had the pleasure of riding for a while now. It has amazing power, great looks, and awesome range. If you’re looking for a great fat-tire ebike that offers a lot for the price, the Troxus Explorer Step-Thru is definitely one for you to consider. Check out my Troxus Explorer Step-Thru Review.
Hovsco HovBeta Ebike – The HovBeta is a folding ebike with great specs and a lot of interesting features, and importantly, it’s sold at a good price point. I’ve had a blast commuting with it and using it to do deliveries with DoorDash, Uber Eats, and Grubhub. Check out my Hovsco HovBeta Ebike Review.
Vanpowers Manidae Ebike – The Vanpowers Manidae is a fat tire ebike that I’ve been riding as my primary winter commuting bike and have also been using it to do food delivery with apps like DoorDash, Uber Eats, and Grubhub. After clocking in a decent number of miles with this ebike, I wanted to write a post sharing what my experience with the Vanpowers Manidae ebike has been like. Check out my Vanpowers Manidae Review.
Sohamo S3 Step-Thru Folding EBike Review – A Great Value Folding Ebike – The Sohamo S3 Step-Thru Folding Ebike is an entry-level folding ebike that offers a lot of value for the price point. I’ve been riding the Sohamo S3 for a while now, putting the bike through its paces, and I have to say, this bike has exceeded all of my expectations. Check out my Sohamo Review.
KBO Flip Ebike – The KBO Flip is an excellent bike. I’ve had a great time riding it and think it’s a versatile bike that can be used for a lot of purposes and can fit a variety of lifestyles. It’s worked out great for me as a general commuter bike and as a food delivery bike. Check out my KBO Flip Review.
Hiboy P7 Commuter Ebike – The Hiboy P7 is an excellent electric commuter bike that’s offered at an affordable price point. The range and speed of this bike are both very good, so you won’t have any trouble getting anywhere you need to go with it. As a food delivery vehicle, this is also good – with how much range it offers, you’ll be able to work all day on a single charge. Check out my Hiboy P7 Commuter Electric Bike Review.
Himiway Escape Ebike – The Himiway Escape is an interesting bike for anyone looking for a moped-style ebike. If you’re a gig economy worker, the Himiway Escape is particularly interesting and it’s possible to think of it as an investment, especially if you can opt to do deliveries with the Himiway versus using a car. It’s not cheap, but you can definitely make your money back when you compare the mileage you’ll put on your car versus using an ebike. Check out my Himiway Escape Bike Review.
Espin Sport Ebike – The Espin Sport is a good ebike for someone who is looking for an ebike that feels and rides more like a regular bike. There are many ebikes that are really only bikes in name. In reality, they’re basically electric mopeds. The Espin Sport, by contrast, is a bike you could probably ride without the battery and you’d feel like you’re just riding a regular bike. Check out my Espin Sport Review.
Varla Eagle One Scooter – The Varla Eagle One is an excellent scooter that can make sense for a lot of people. It can work as a primary mode of transportation. You can use it to work on gig economy apps like DoorDash, Uber Eats, and Grubhub. And it can also be a recreational vehicle if you’d prefer to use it for that. Check out my Varla Eagle One Review.
Varla Falcon Scooter – The Varla Falcon is an excellent scooter that offers a good amount of power at a lower price point compared to more powerful scooters. It’s not exactly an entry-level scooter, nor is it a high-powered scooter. I think it fits somewhere in-between those two categories – an intermediate scooter if I had to give it a category. Check out my Varla Falcon Review.
Hiboy S2 Scooter – The Hiboy S2 is an excellent entry-level commuter scooter that's perfect for someone looking to save some money in transportation costs and improve their commute. Check out my Hiboy S2 Review.
Hiboy S2R Scooter – The Hiboy S2R is one of the more interesting electric scooters I’ve been able to test out. It’s not a high-powered scooter, but for an everyday transport option, it’s very useful, especially given some of the unique features that it has. Indeed, for the price, the Hiboy S2R might be the best value scooter I’ve used. Check out my Hiboy S2R Review.
Fucare H3 Scooter – The Fucare H3 is a fun scooter and I’ve enjoyed testing it out. For a daily commuter or quick trips or errands, the Fucare H3 is probably the scooter I’ll use. It’s portable and easy to maneuver, so it’s just easier to take on the road when I need it. Check out my Fucare H3 Scooter Review.

More Recommended Investing App Bonuses

For additional investing app bonuses, be sure to check out the ones below:

M1 Finance ($100) – This is a great robo-advisor that has no fees and allows you to create a customized portfolio based on your risk tolerance. You also get $100 for opening an account. Check out my M1 Finance Referral Bonus – Step-By-Step Guide.
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Webull (20 free stock shares) – Webull's current promotion gives you 20 free shares valued between $3-$3,000 each if you open an account using my referral link. Here’s a guide I wrote about how to earn your free shares using Webull.
Moomoo (15 free stocks) – Moomoo is a free investing app currently offering 2 different referral bonuses if you open an account using a referral link. Read my Moomoo referral bonus guide for more information.
Robinhood (1 free stock) – Robinhood gives you a free stock valued between $2.50-$225 if you open an account using my referral link.
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More Recommended Bank Account Bonuses

If you’re looking for more easy bank bonuses, check out the below options. These bonuses are all easy to earn and have no fees or minimum balance requirements to worry about.

Upgrade ($200) – Upgrade is a free checking account that’s currently offering a $200 referral bonus if you open an account and complete a direct deposit. These bonus terms are easy to meet, so it’s well worth doing this bonus as soon as you can. Here’s a post I wrote with more details: Upgrade $200 Referral Bonus – Step By Step Directions.
Ally Bank ($100) – Of all the banks out there, Ally is, without a doubt, my favorite. At the moment, Ally is offering $100 to customers who open an eligible Ally account and meet the requirements. Here are the step-by-step directions to earn your Ally Bank referral bonus.
Fairwinds Credit Union ($175) – Fairwinds Credit Union is offering a referral bonus for users that sign up using a referral link. Fairwinds has no fees or minimum balance, so this is a particularly easy bonus to earn. Since this is a smaller credit union, my gut instinct tells me this offer won’t be around long, so if you’re in a position to meet the bonus requirements, grab this bonus before it’s gone. Here is my step-by-step guide on how to earn your Fairwinds Credit Union bonus.
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US Bank Business ($900) – This is a fairly easy bank bonus to earn, since there are no direct deposit requirements. In addition, you can open the Silver Business Checking account, which comes with no monthly fees. Check out how to earn this big bonus here.
GO2Bank ($50) - GO2Bank is an easy bank bonus that I recommend people take advantage of if they have an easy way of meeting the direct deposit requirement. I like that it’s easy to open the account and that the bonus pays out quickly. Check out my step-by-step guide on how to earn your GO2Bank $50 referral bonus.
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Varo ($25) – Varo is a free fintech banking app similar to Chime or Current. It’s currently offering a $25 bonus to new users that open a new Varo account with a referral link. The bonus for this bank is very easy to meet, all you need to do is spend $20 within 30 days of opening your Varo account. Check out my step-by-step guide to learn how to earn this bonus.

Kevin is an attorney and the blogger behind Financial Panther, a blog about personal finance, travel hacking, and side hustling using the gig economy. He paid off $87,000 worth of student loans in just 2.5 years by choosing not to live like a big shot lawyer.

Kevin is passionate about earning money using the gig economy and you can see all the ways he makes extra income every month in his side hustle reports.

Kevin is also big on using the latest fintech apps to improve his finances. Some of Kevin's favorite fintech apps include:

SoFi Money. A really good checking account with absolutely no fees. You'll get a $25 referral bonus if you open a SoFi Money account with a referral link, and an additional $300 if you complete a direct deposit.
5% Savings Accounts. I'm currently getting 5.24% interest on my savings through a company called Raisin. Opening a Raisin account takes minutes to complete, it's free, and all of your funds are FDIC-insured. I explain how it works, why I'm now using it to store my emergency fund and any other cash savings I have, and why I recommend everyone check it out in this review.
US Bank Business. US Bank is currently offering new business customers a $900 signup bonus after opening a new account and meeting certain requirements.
M1 Finance. This is a great robo-advisor that has no fees and allows you to create a customized portfolio based on your risk tolerance. You also get $100 for opening an account.
Empower. One of best free apps you can use to monitor your portfolio and track your net worth. This is one of the apps I use to track my financial accounts.

Feel free to send Kevin a message here.