how to get an attorney to take my personal injury case in alabama

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Full Answer

What is the statute of limitations for personal injury in Alabama?

two yearsAlabama, like all other states, has a law called a "statute of limitations," which sets a lime limit for filing different kinds of lawsuits. For personal injury cases, the time limit in Alabama is two years, meaning you must file a lawsuit against any potential defendant within two years of the date of your accident.

Is it better to settle or go to court for a personal injury case?

Settling outside of court helps you get the compensation you deserve, without the stress of going to trial. So which is better; a trial or settlement negotiations? Believe it or not, settling is usually the better option. In fact, most personal injury lawsuits settle before ever reaching trial, and for good reason.

Can you sue for pain and suffering in Alabama?

Pain and Suffering damages in Alabama includes not only physical pain but also an injured person may recover for fright, nervousness, grief, anxiety, worry, mortification, shock, humiliation, indignity, embarrassment, apprehension, terror or ordeal.

Can I sue for emotional distress in Alabama?

Though many states recognize a claim for negligent infliction of emotional distress, Alabama does not. In Alabama, to have an emotional distress claim, there must be an intentional infliction of emotional distress.

How do lawyers negotiate settlements?

The negotiation process typically starts with your lawyer providing a written proposal for settlement to the insurance adjuster or the defendant's lawyer. The adjuster or lawyer will respond to your lawyer either in writing or over the phone.

What percentage of cases are settled before trial?

According to the most recently-available statistics, about 95 percent of pending lawsuits end in a pre-trial settlement.

How is pain and suffering calculated in Alabama?

Alabama does not have a fixed monetary standard or method for calculating pain and suffering damages. Two of the most common methods for measuring pain and suffering damages are the per diem and multiplier method.

How much is pain and suffering in Alabama?

Alabama law sets the maximum amount that a medical malpractice plaintiff can recover to $400,00, no matter what the actual damages were. Suffering a personal injury can put your life – and that of your family – on hold in many ways.

Can you sue for mental anguish in Alabama?

In Alabama, mental anguish is considered a part of compensatory damages designed to make the victim whole. There are no caps on compensatory damages for physical or mental/emotional injuries in our state.

How do you prove severe emotional distress?

To prove a claim for intentional infliction of emotional distress in California a plaintiff must prove that:The defendant's conduct was outrageous,The conduct was either reckless or intended to cause emotional distress; and.As a result of the defendant's conduct the plaintiff suffered severe emotional distress.

How do I ask for pain and suffering?

In order to make a pain and suffering claim, you will need to send the insurance company a demand letter, which is a summary of your claim and damages. In your demand letter, you should discuss your pain and suffering damages, supported by relevant documents and evidence.

What is extreme emotional distress?

Severe emotional distress is that which is substantial or enduring. It has also been defined as a kind of distress no reasonable person is expected to endure. It may consist of any highly unpleasant reaction such as fright, grief, shame, humiliation, embarrassment, anger, or worry.

What happens if you sugar coat an attorney?

If you’re injured, you may feel anger, pain, frustration, and fear. Your feelings could impact how you see the facts and cloud your judgment. You need another perspective to get the best results.

How many people are killed in ATV accidents?

The US Product Safety Commission estimates about 90,000 people are injured and 120 people killed in ATV accidents in the country annually. Children suffer more than half of all ATV injuries and deaths. An ATV’s defective design or manufacturing can cause life-threatening rollovers and lethal injuries to riders of all ages.

Can a lawyer take personal injury cases?

Most lawyers with many years of experience in other legal areas won’t take personal injury cases. They understand their lack of knowledge and experience will harm their clients. Filing your own lawsuit is a recipe for disaster.

Can a pedestrian be hit by a car?

A pedestrian is no match for the force of a car or truck in an accident. There’s a huge potential for life-threatening or lethal injuries after a pedestrian is struck by a vehicle, then thrown back onto the street or into an object.

How to settle a personal injury claim in Alabama?

(Sometimes, they even make an offer before a lawsuit is filed.) The plaintiff can also start the process by sending a demand letter. A demand letter is a formal document that outlines the facts about the accident and your injuries and then asks for payment.

How does the legal process work?

Almost immediately after the lawsuit is filed, the parties appear in court for trial. At trial, the lawyers make passionate speeches and object at every turn. After deliberating for a few minutes, the jury returns a multi-million dollar verdict. Roll credits.

Alabama attorney handling auto accidents, 18 wheeler accidents, and motorcycle wrecks

More than 100,000 people are injured or killed in accidents involving 18-wheelers in the United States each year, according to the National Highway Traffic Safety Administration. If an auto accident has hurt you or your family, you know how such an accident can dramatically change your life and the lives of those you care about.

About personal injury cases in Alabama

Just as you wouldn’t expect a lawyer to be able to fix your plumbing or re-wire your house, you can’t be expected to know how to represent yourself in court during your personal injury case without the necessary training.

Who Calls Jay?

Lee was told by his own automobile insurance company that the had no coverage that would pay for his motorcycle crash losses. A few months after calling Jay, Lee got a $100,000 settlement!

It's you against the insurance company!

We know that if you are trying to handle the insurance company alone, this can be a really confusing and frustrating ordeal for you. We want you to relax and have peace of mind while you recover from your injuries. We want you to focus on going to your doctors and let us deal with the insurance company.

A Conflict of Interest

An attorney may not accept a case if a conflict of interest prevents the attorney from protecting the client’s best interest. For example, an attorney represented the dealer who sold you a defective vehicle or the driver who caused your accident.

Liability for the Accident is Unclear

Under Alabama’s personal injury laws, you must be able to prove that the other driver caused the accident to recover compensation for damages. A lawyer investigates a claim to determine how the injury occurred and to identify the liable parties. The attorney also analyzes whether you could be partly to blame for the accident.

Your Damages are Not Significant

Most personal injury attorneys accept cases on a contingency fee basis. The attorneys’ fee is based on a percentage of the recovery in your case.

Statute of Limitations Problem

Alabama has Statutes of Limitations for most causes of action. A statute of limitations is a deadline for filing a lawsuit. For most personal injury claims, the statute of limitations is two years from the date of the injury.