Frequently Asked Questions

Should I talk to an attorney?

The short answer is: YES. If you or someone you care about has been in an accident, you should talk to a lawyer to see if you need to hire one. It’s important that you know your rights. Talking to an injury attorney shouldn’t cost you anything and may be vital for you and your family.

Insurance companies may try to get you to accept pennies on the dollar for your case. They have whole teams of professionals working hard to pay you as little money as they can get away with. Talking with an attorney can help you understand your rights and learn more about what your case should be worth. While there is no formula for valuing a personal injury case, we can discuss all of the factors that play a role in helping decide whether or not you should pursue a legal claim.

Meeting with an attorney can help you figure out if you have a case under Alabama law. Unfortunately, sometimes people get hurt and the law doesn’t allow them the right to recover—but the only way to know for sure is to talk with a qualified attorney.

Will it cost me anything to speak with an attorney about my accident?

NO. We have free consultations and don’t charge people anything to learn their legal rights. We are happy to talk on the phone, online, or to meet in person. Personal injury lawyers only get paid when and if they recover for their clients. If we don’t recover for you—or if we don’t handle your case—you owe us nothing.

Will it cost me anything if I hire an attorney to represent me?

NO. Hiring a personal injury attorney shouldn’t cost you anything out of your pocket. If you’ve been injured, you’re probably already dealing with medical bills, missed time from work, and unwelcome expenses. It’s our job to get your money back—not cost you more. We represent people through what’s called a “contingency fee,” which means we only get paid when and if you do.

Our firm advances the costs of pursuing your case (i.e. getting copies of medical records, filing fees, private investigators, deposition and court reporter costs, etc.) and we are only paid back if we get a settlement or verdict for you.

If we are able to settle your case or if we win a jury verdict in your favor, we are paid a portion of the total settlement. If we don’t get you an award of money, we don’t get paid.

What should I do if I’ve been injured in an accident?

The most important things in the immediate aftermath of an accident are to make sure everyone gets emergency medical care if they need it, that you get photographs of the scene, your injuries, or damaged vehicle, and that you get the names and contact information for any witnesses. If it’s a car wreck, make sure to talk to the investigating law enforcement officer so your statement is included in their report.

If you were hurt at a business, make sure to report it to management or a supervisor so they will make an incident report—and get a copy of that incident report!

After that, you need to do two things:

1. Get the medical care you need so you can heal and get your life back on track! Depending on your injuries, you may need to go to the hospital, follow up with your family doctor, see an orthopedic or other specialist, undergo surgery, attend physical therapy, or see a chiropractor. Regardless of what kind of treatment you need, it’s important that you go to all your medical appointments, follow your doctors’ or physical therapists’ instructions, and do your best to recover. Healing from an injury can be a lengthy and expensive process, however, causing medical bills, lost wages, and prescription medication costs to quickly add up…

2. Know your legal rights! Talk with an injury attorney about what happened and find out if you have a case. Do this as soon as possible, because the earlier you get your lawyer involved, the sooner they can get started on your case. Don’t talk to insurance company or corporate representatives until you’ve talked to an attorney and know your rights.

Why should I hire an attorney?

Insurance companies and big corporations have whole teams of people dedicated to paying as little as possible if someone gets hurt. To them, your medical bills, lost wages, pain and suffering, and mental anguish are just lines on a screen. They know your legal rights and it’s important that you do, too! You should have someone standing up for you to make sure you get the justice you deserve.

Every case is unique and no outcome can be guaranteed, but numerous studies have shown that injured people who have a personal injury attorney on their side fare better than people who face the insurance companies on their own. Having an attorney makes a difference. You don’t have to go it alone. We’re here to help.

How long do I have to file a personal injury claim in Alabama?

The amount of time you have to file a personal injury claim in Alabama depends on the details of your situation. Most injury cases must be filed with the Court within two years from the date of the injury.

If a minor child is injured, the window to file is expanded to two years past their 19th birthday.

Workers’ Compensation claims give you two years from the date of injury OR two years from the last Temporary Total Disability (TTD) payment.

And occasionally injury cases can also be contract cases, which have a window of six years to file. We most often see this type of situation when handling a case directly against our clients’ own insurance company in an Uninsured or Under Insured Motorist Coverage (UM/UIM) case.

What should I avoid doing after an accident?

You should avoid giving statements to any insurance company or agreeing to any offered money until you have spoken with an attorney. These types of actions can undervalue your case and can sometimes end a potential case before it begins. Remember—anything you say can and will be used against you!

You should avoid trying to “tough out” your injuries. If you have been injured, get medical treatment. You want to get better and the appropriate medical treatment is the best way to help make that happen!

What types of compensation can I receive in a personal injury case?

The kind of financial compensation you can receive can depend on the type of case. In most cases, like a car or truck wreck, a fall at a business, or an attack by a dog, you can receive money for medical bills, lost wages for missed work, physical pain and suffering, and emotional or mental suffering. For severe injuries, you can also receive compensation for scarring, permanent injuries,
future medical bills, future pain and suffering and future emotional suffering.

If the person who caused your injury was reckless—such as driving under the influence of alcohol or drugs—you may also receive punitive damages. Punitive damages are extra money a defendant is forced to pay to teach them a lesson and make an example of them.

If you were hurt on the job and have workers compensation case, you should have all of your medical expenses paid and receive up to two-thirds of your average wages while you are out of work on doctor’s orders. Depending on your injury, you may also be entitled to compensation for permanent injury, permanent impairment, or future disability.

Can I still file a claim if I was partially at fault for the accident?

It depends. Unfortunately, Alabama is what is called a “contributory negligence” state. This means that if you contribute to the accident—or are partially at fault– you cannot recover money.

However, there is sometimes a bit of a gray area and our firm would be happy to discuss the details of your specific situation with you. Don’t just take the insurance company’s word for it if they say you contributed to an accident!

What happens if the insurance company denies my claim?

If the insurance company wrongfully denies your claim, we can file a lawsuit and take your case to court. Sometimes you have to show the insurance company you’re serious about pursuing your legal rights.

How long does it take to settle a personal injury case?

Each case can take wildly different amounts of time. Typically, we need to wait until our clients reach “maximum medical improvement” or heal as much as they are going to from their injuries. We then order records, wait to receive the records, complete any necessary investigation, and attempt to settle your case. Some cases do not settle and we have to file a lawsuit and enter litigation.

Cases take at least several months and can take up to several years to reach final resolution. We are with our clients for the full distance.

12. What should I bring to my initial consultation with an attorney?

There are a number of helpful items you could bring to your first meeting with an attorney. Our office usually asks for:

1) Photographs of injuries, property damage, the scene, etc.
2) Witness names and contact information
3) ID card such as driver’s license or other photo ID
4) Health insurance cards
5) Car insurance paperwork if applicable, such as insurance card and declarations page
6) Any paperwork to or from any insurance company or your employer
7) Medical paperwork such as receipts, bills, records, discharge papers, liens, disability slips, etc.
8) Wage and salary verification, if applicable, and the name and contact information for your HR manager or supervisor.
9) A diary or treatment log. While everything is fresh in your mind, please make notes about the incident, how your life has been impacted, etc.

What if the other party doesn’t have insurance?

If the other party doesn’t have insurance, you may still be able to recover money compensation for your injury through your own insurance company if you have what is called Uninsured or Under Insured Motorist Coverage, or UM or UIM insurance. This is a type of car insurance that every Alabama insurance company must offer at least $25,000 for bodily injury per person and $50,000 of bodily injury per incident. Unfortunately, Alabama law also allows drivers to refuse UM/UIM coverage or opt out of it.

Very rarely, we can pursue the other party’s personal or business assets.

Make sure to check your car insurance policy. UM/UIM insurance is often the cheapest type of insurance to get and can often be the most important to have.

How much is my personal injury case worth?

Every lawyer’s favorite answer: It depends. Call and set up a free consultation so we can go over the details of your specific situation and evaluate your potential case.