Personal Injury FAQ

Answers From a Jasper Personal Injury Attorney

Q: What is the statute of limitations on personal injury claims in Alabama?
Q: How long could my personal injury case take?
Q: If the other party's insurance wants me to make a formal statement should I comply?
Q: If I was partially at fault for my accident will I still be able to collect compensation?
Q: If the person who hit me does not have insurance, will I still be able to recover compensation?
Q: How do they determine how much my claim is worth?
Q: Do I need an attorney to file an injury claim or can I represent myself?

Q: What is the statute of limitations on personal injury claims in Alabama?
A: In the state of Alabama, the plaintiff has a two year time period from the day the injury was sustained in which to file a claim. This same two year rule applies with all personal injury accident claims as well as wrongful death lawsuits. There are however, certain exceptions to this rule if the injured party is a minor or an incompetent, in which case you could have the statute of limitations extended. You can also ask for an extension if your injury was not yet discovered- if your injury manifest right away, then you may be able to have the time period "tolled".

Q: How long could my personal injury case take?
A: The duration of your case will all depend on the number of parties involved in the accident and the severity of your injuries. The more complicated the situation is, the longer your case will take to resolve. If the liability is clear in your accident claim and you were involved in a simple fender bender with minor injuries sustained, then your case could only take a few months to resolve. More complex cases could take a year or so due to the back and forth litigations.

Q: If the other party's insurance wants me to make a formal statement should I comply?
A: Our firm highly recommends that you refrain from making any formal statements on record. The insurance company is only asking for a description of the accident because they are looking for a way to decline your claim and refuse you compensation. It is important to remember that they are representing the other party and that they do not have your best interests at heart. They could ultimately take your statement and use it against you or twist it to make you sound at fault. Please contact a Jasper personal injury lawyer from our firm before making any statements, so we can help you in making informed decisions that will benefit your case.

Q: If I was partially at fault for my accident will I still be able to collect compensation?
A: Alabama is referred to as a contributory negligence state, which means that it could be difficult for you to recover compensation if the defendant can prove that your negligence or carelessness contributed to the accident. Even the smallest percentage of fault could act as a complete defense for the defendant. If you believe that you may have been partially at fault for your accident, contact an injury lawyer from our firm for help.

Q: If the person who hit me does not have insurance, will I still be able to recover compensation?
A: Fortunately in the state of Alabama, all insurance companies are required to prove underinsured or uninsured motorist coverage even if the driver does not ask for it. The only way that you will not be able to collect restitution from an uninsured or underinsured driver is if you signed a waiver stating that you do not want UM & UIM coverage.

Q: How do they determine how much my claim is worth?
A: As personal injury attorneys we are often asked this question and the best way to answer it is, it all depends of the specifics of your case. Several different factors can influent your settlement amount including the extent of your injuries and damages, whether you were partially at fault, the cost of medical treatment, the amount of lost wages and whether or not your injury requires long-term treatment or rehabilitation. Evidence or witness testimony that helps you prove negligence of the other party will only add value to your case. If you had pre-existing injuries prior to the accident however, the validity of your case may suffer.

Q: Do I need an attorney to file an injury claim or can I represent myself?
A: The truth is that you don't have to hire an attorney in order to file an injury claim but you in that case you will not know if you have a valid claim or what the appropriate amount of compensation may be for your case. With the help of an assertive legal advocate, you don't have to settle for the lowest settlement that the insurance companies offer you- rather you can work to retain the full amount of compensation you deserve. Our attorneys can also assist you and take your case to trial if you have been wrongfully denied compensation.

Contact a Walker County personal injury lawyer from our firm if you have any further questions regarding your case.