If you were injured in an accident, you probably have a million worries swirling in your head… not least of which is how you’re going to pay for your expenses.
As the plaintiff (injured person) in an accident that wasn’t your fault, you can still have difficulty receiving compensation for your costs. The Nomberg Law Firm can help you to recover the maximum amount of compensation as you get back on your feet.
We all want to believe that everyone is going to play fair and do the right thing, but we also know that sometimes that’s not the case. Even if the other side isn’t playing fair, the team at Nomberg Law can anticipate the loopholes, knows the tactics, and will make sure that you are fairly compensated for the other party’s negligence.
The Nomberg team knows that your injury isn’t just about you—it impacts your whole family. These are difficult times, and we can assist and support you as you get back on track.
Let us fight for you while you focus on getting back to your best self.
Our Birmingham personal injury attorneys will fight for your rights and reach a fair resolution to your claim. We have over 60 years of combined experience and are ready to help.
If you were injured because of someone’s negligence, you should contact our office immediately for a consultation.
Our trusted Alabama personal injury attorneys’ dedication and experience will be essential to getting the compensation you deserve.
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Meet your personal injury attorney, David Nomberg
“For me, success is helping people like you who have been injured due to carelessness or negligence of others. I have an unwavering work ethic and will not back down from a challenge, and that includes fighting for you with a difficult insurance company.”
What’s a “typical” personal injury claim?
We think of personal injury accidents as being related to car crashes or truck accidents. And while those are a significant portion of personal injury cases, they are definitely not all of them. We’d be willing to guess that you do things besides drive or ride in cars—you shop in stores, use sidewalks, use roads for walking or bicycling, interact with neighbors or other people in your community, and otherwise live your daily life… as you should.
But anytime you’re out and about, there’s a possibility that you could be injured. We don’t mean to sound all “doom and gloom” or as though you should be fearful of simply existing—but if you do become injured, you should know what to do and where to turn for help.
Here are just a few examples of when you might have a personal injury lawsuit:
- If a store worker neglects to clean up a spill and you slip and fall
- If an electronic tool malfunctions and you suffer lacerations or an amputation injury
- If a neighbor’s dog attacks and you suffer a dog bite injury
- If you’re visiting a friend’s home and you trip and break a bone because of a broken step or handrails, or you miss a step because of poor lighting
These are just a few examples, but there are any number of ways you could be injured. Regardless of how it happens, you need to know that your costs can be covered.
Determine whether to accept a settlement or go to trial
Most personal injury cases settle before trial. A good lawyer will work to keep you out of a trial — a trial is never the goal. Why? Because a trial means more time and more money. Sometimes it can’t be avoided, but often a lawyer’s strong negotiation skills and strategy can reduce the likelihood of a lengthy and costly trial.
The Nomberg Law attorneys can advise you on the merits and strength of your case so you can make an informed decision.
Why would the insurance company agree to a settlement?
First, a settlement doesn’t require an insurance company or plaintiff to admit fault after an accident. Second, a settlement amount is often less than what a jury would award in a personal injury case. Both parties have more control over the outcome of a settlement than they would if the decision is in the hands of a jury. A jury is subjective and doesn’t always lead to the correct verdict or award amount.
It’s your lawyer’s role to use every resource in their toolbox to work with the insurance company to settle for an amount that would provide you with compensation for your medical treatment, lost wages, and other related expenses for today and the future. Particularly if you’re left with a disabling injury that prevents you from returning to work, caring for your family, or participating in other activities that you used to enjoy, you need to know that your future needs are covered.
It’s also important to note that your pain and suffering, mental anguish, and post-traumatic stress disorder (PTSD) matters. There are some types of injuries that don’t have a specific monetary value, but that doesn’t mean they’re not important and don’t carry their own costs. These emotional injuries are more difficult to quantify, but the law allows for them to be calculated using specific methods and formulas. Your lawyer understands this and can determine exactly what you’re owed for your non-economic damages.
A Walker County school teacher came to us after she’d been injured because her vehicle ran into a ditch. She’d struck a cement culvert head on and suffered severe injuries in many parts of her body.
She was hospitalized for a month, and then endured rehabilitation and sedentary limitations for another 4 months afterwards.
The Nomberg Law Firm settled her claim against a city in northern Alabama for $100,000, which is the maximum amount permitted by law against a municipality.
The primary argument was that about 10 days prior to the accident, a separate accident happened on the same stretch of road. It left large gashes in the driving area. The city had been notified of the damage to the road but failed to repair them. As a result, these damages caused our client to lose control of her car and crash. The city then repaired the road after her serious injury.
Your attorney’s own experience, coupled with their access to actuaries, medical experts, and financial professionals, is your best opportunity to ensure that you’ll receive a fair amount of money.
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How we recover damages in personal injury cases
Personal injury law is a cornerstone of the American justice system. Every person who is admitted to the bar in any state has studied personal injury law, whether they practice in that area of law or not.
Personal injury law, also known as tort law, is designed to protect you if you or your property is injured or harmed because of someone else’s act or failure to act. In a successful tort action, the one who caused the injury or harm compensates the one who suffered the losses.
Source: The American Bar Association
In Alabama, you can recover personal injury compensation for two types of damages:
- Economic damages, which include financial compensation for medical bills, lost wages, the loss of your future earnings, and related expenses.
- Non-economic damages, which include emotional distress, pain and suffering, etc.
When someone is injured because of the negligence or carelessness of another, the law makes the person or company at fault pay for damages.
Each personal injury case begins with a demand being made on the negligent party. A negligent party could be a person or entity like a business or government agency. Sometimes there are different rules and procedures depending on the type of defendant. Once a proper demand is made and denied, the case will move to court.
Now that we have a filed lawsuit…
Once the lawyer’s recommendation to file suit has been agreed upon by the client, what happens next? Typically it takes a few weeks for the defendant (employer) to be served with the lawsuit papers. They have thirty days to answer the lawsuit. Then discovery begins. While we are always working toward trial, settlement talks or mediation can take place at any time the parties agree. Each case is different. When you have questions about your lawsuit, please do not hesitate contact your lawyer!
If you have any questions or concerns about this issue or other issues on the law, please call the Nomberg Law Firm at (205) 930-6900.
Proving negligence in a personal injury lawsuit
The law requires that the following elements are proven:
- Breach of the duty
- Harm (injury)
- Damages (the injury must have cost you money)
It is a common duty that each of us owes one another to act reasonably to not cause harm. When we breach that duty and cause harm, no matter how slight or severe, liability lies with the person who acted unreasonably.
Easy to say, not as easy to enforce.
Often, the negligent party will try to avoid paying for the injured person’s damages. Sometimes, even insurance companies try to avoid doing what’s right… either by making lowball settlement offers or claiming that the plaintiff was actually liable for their own injury.