Personal Injury Law in Birmingham, AL

Were you hurt due to another’s negligence in Birmingham? If so, it may have far-reaching consequences such as a loss of wages or extensive medical treatment. Personal injury law allows an injured person to get damages if the responsible person acted recklessly. A personal injury attorney in Birmingham, AL can help navigate the lawsuit to make sure you receive all of the compensation you deserve.

What Is Personal Injury Law?

Personal injury law in Birmingham relates to the legal process of getting compensation for an injury caused by someone else’s negligent behavior. These cases involve one party, the plaintiff, trying to seek financial compensation for expenses incurred and money lost as a result of the defendant’s reckless behavior. These cases involve both parties’ insurance companies and may even settle before proceeding to litigation.

Examples of Personal Injury Claims In Birmingham, AL

Some personal injury claims are more common than others. However, almost any incident that ends with a physical or mental injury could qualify, depending on the circumstances.

A few of the most common personal injury claims are:

• Car Accidents
• Slip and Fall
• Dog Bites
• Medical Malpractice
• Workplace Accidents
• Burn Injuries

Most Common Injuries In Birmingham 

Alabama Public Health found that Alabama has a higher rate of injury and violence than the rest of the nation. In fact, almost 80% of Alabama’s trauma cases are caused by motor vehicle crashes, and Alabama has the fourth highest per capita highway trauma death rate in the U.S. Of course In larger cities, like Birmingham, unintentional injuries like falls, motor vehicle accidents, and dog bites, happen more often due to the city’s population.

Steps In a Personal Injury Lawsuit In Birmingham, AL

Once you determine that you wish to proceed forward with a personal injury action in Alabama

A lawsuit begins when a complaint is filed with the court and served on the defendant. The complaint alleges your assertion as the plaintiff that the defendant’s negligent behavior resulted in damage to your body or mental state. As the process proceeds forward, you may have to go through depositions, independent medical evaluations, and document production. This discovery process is lengthy and ends in either settlement or a court appearance.

After you have gathered the base evidence for your claim and drafted a demand letter for the desired compensation, you deliver the letter to the defendant. Then, if the defendant does not accept your settlement offer you can file a suit in a Birmingham Court within two years of the accident to seek the damages you believe you are owed.

Alabama Personal Injury Settlement

With most personal injury cases, insurance companies and injured parties prefer settlement negotiations rather than going to court for a trial. You may wonder how much you should seek in your settlement and the factors that impact the final amount.

The Alabama Compendium of Law states that there is no way to find a true average personal injury settlement because cases can be so vastly different from one another. However, it is widely accepted by various law firms in Birmingham that Alabama is pretty average when compared to most states in terms of settlement amounts. The national average is about $52,000, but the overall average range is typically anywhere from $3,000 to $75,000.

If the other party has insurance, the insurance company likely wants to settle out of court. In order to avoid leaving the final settlement decision to a jury. Settlements benefit injured parties as much as they do insurance companies. This is because accepting a settlement means you receive compensation sooner rather than later. Also, by going to court in AL, that means you risk not receiving any compensation at all.

Damage Awards in Alabama

If your Alabama personal injury lawsuit goes before a judge or jury, your legal team will be ready with a request for damages. In personal injury cases, there are three types of damage awards a court may order the defendant to pay. In order to compensate you for the damage he or she inflicted.

Special compensatory damages reimburse you for things such as lost income, medical bills, and insurance deductibles. You submit receipts proving these losses.

General compensatory damages are subjective. If you receive special compensatory damages, you may also collect general damages. If your injury was particularly painful, you might request that the judge order the defendant to compensate you for the pain and anguish.

Punitive damages are the rarest and are up to the court. The judge or jury may determine that the defendant’s negligence was particularly heinous and that the resulting injury to you was equally horrific. 

Alabama has comparative negligence laws that can cause you to lose a percentage of your settlement if you are found to be partially at fault for any accident. However, there are no caps on economic damages like medical expenses, or non-economic damages like pain and suffering. But, there are punitive damage caps and small business caps in some cases.

Statute of Limitations In Birmingham, AL Personal Injury Law?

The injured party may have a set amount of time to file suit for a personal injury case. State law establishes statutes of limitation. Commonly, the plaintiff’s injury or discovery of the injury begins the statute of limitations. However, the latter factor is trickier, as the plaintiff will have to prove when the injury was first realized.

The statute of limitations for personal injury stipulates that you have two years from the date of your accident to file a claim in Birmingham, Alabama.

We recommend you speak with a personal injury lawyer for this matter. Don’t wait too long and miss out on receiving the compensation you deserve for your injury. 

Work With an Experienced Birmingham, AL Lawyer

Pursue a personal injury claim in Birmingham against the responsible person if you are dealing with an injury caused by someone else. One of our experienced lawyers can help you navigate your personal injury claim. We can even help you connect with an attorney across Alabama state lines.

Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!