Alabama Personal Injury Claim and Lawsuit Process
After a personal injury, the first step should be the preservation of evidence. This may include photographs or measurements of an accident roadway scene, preservation of vehicles for further inspection, or the identification and obtaining statements from witnesses. This evidence will serve as the backbone of moving forward in the claim, whether resolution is pursued via a pre-suit settlement attempt or by immediately filing a lawsuit. It is best to speak with an experienced Alabama personal injury lawyer to determine whether your particular case warrants the filing of an immediate lawsuit or whether an attempt at a pre-lawsuit insurance settlement is best.
If it is determined that a pre-suit insurance resolution is the most advantageous strategy, your lawyer will still collect and preserve evidence to prove your claim and then submit proof of all damages you’re your damages are complete. Typically, this requires that an injured party complete medical treatment for their injuries before anyone can evaluate the full-extent of damages caused by the other party’s conduct.
Once that evaluation is complete, the evidence of the other party’s liability and your damages are presented to the insurance company for review. The insurance company will respond with a settlement offer valuing their opinion of your damages and injuries. If the insurance company acts reasonably, then negotiations can continue towards an amount acceptable to the injured party.
Our lawyers will provide guidance along the way. If, however, an insurance company offers insufficient money to compensate you for your loses, you always have the ability to proceed with the filing of a lawsuit.
When a Lawsuit Is Necessary
Many personal injury cases settle before a lawsuit is filed. In some cases, however, filing a lawsuit may be necessary. If you are unable to reach a settlement you’re happy with, taking the case to trial gives you a chance to seek justice in court. A lawsuit can help you definitively prove that the other party is totally responsible for your injuries.
The lawsuit process begins with a discovery phase, where your attorney and the liable party will exchange documents and records supporting each side of the case. The case will then be argued in front of a judge or jury, and a verdict will be rendered. However, the filing of a lawsuit, or prosecution of the lawsuit, does not necessary mean that a trial is inevitable. Even after filing a lawsuit, it is possible to reach a settlement at any time prior to the trial.
You Have Limited Time to File a Claim
You only have a certain amount of time to file a personal injury claim after an accident. In most cases in Alabama, this deadline, known as the statute of limitations, is two years from the date of the injury. This only means that a lawsuit must be filed in court before the second anniversary of the harmful event. If you miss the deadline and do not file a lawsuit by that time, you won’t be able to recover any compensation.
However, once a timely lawsuit is filed, you are allowed to continue with the prosecution of the lawsuit even if the resolution is not reached until after the statute of limitations. Some factors can change the deadline, such as the type of at-fault party, the injured party’s age, or the nature of the case pursued It is best to speak with an experienced Alabama personal injury lawyer to determine the applicable statute of limitations and identify any potential exceptions to that timeline based on your particular case.
Damages and Compensation in a Personal Injury Claim
Several factors can affect the value of a personal injury claim, such as the extent of your injuries and how much they affect your quality of life. There are two types of damages frequently awarded in personal injury claims:
Economic Damages
Economic damages can be easily quantified and accounted for with receipts and invoices. Eonomic damages are awarded for injury-related expenses such as medical bills, medical supplies and prescription costs, and lost wages. Future damages can also be awarded for things like anticipated medical costs and lost income.
Non-Economic Damages
Non-economic damages are harder to assign a monetary value to. They can be sought for emotional injuries such as pain and suffering, mental anguish, and disfigurement.
Claims Against the Government
Personal injury claims can also be filed against the state or federal government — for example, if you slipped and fell on a wet floor in a government building or were hurt by someone driving a government vehicle, such as a mail truck.
Alabama law has few exceptions to its sovereign immunity clause, which protects it from most personal injury claims. However, cases can be successful in some circumstances where a state agent was willfully negligent or acted maliciously. These cases are extremely dependent on the specific facts of your incident. Our lawyers can help your navigate the intricacies involved in pursuing claims against various governmental agencies and/or entities.
