Frequently Asked Questions About Mobile Personal Injury Claims
What Should I Do After an Accident in Mobile to Protect My Claim?
To protect your claim and your physical health and well-being, get medical care right away. A thorough medical evaluation with proper documentation is what’s best for your health and crucial to your claim for compensation.
After getting medical treatment, you or a trusted friend should collect evidence from the scene of the accident, including photos or video of:
- Hazardous conditions
- Visible injuries
- Property damage
Make sure you capture the conditions as they were at the time of the accident, before the scene is cleaned up or repaired, or before the weather washes away evidence.
You should also gather contact information from all parties involved and any neutral eyewitnesses who can provide third-party confirmation of the events.
And finally, you should report the accident to the property owner, business, employer, or appropriate authority so an official report can be created.
Do I Have a Personal Injury Case?
You may have a personal injury case if someone else’s negligence caused your injury and left you with damages. To determine if you have a viable claim, you first need to establish that the other party owed you a legal duty of care. For example, a driver is obligated to follow traffic laws and signals, or a property owner is required to keep that property safe for visitors.
You must then show they breached that duty through negligent actions, such as:
- Violation of safety regulations
- Failure to maintain safe property conditions
- Distracted or impaired driving
It is critical to demonstrate a direct link between the breach of duty and the injuries you sustained to fully prove that the accident was the primary cause of those injuries.
And finally, you must have suffered actual damages (real, measurable losses), which need to be documented through medical bills, lost income records, and evidence of physical pain or emotional distress.
How Soon After an Injury Should I Get a Mobile Personal Injury Lawyer?
You should speak with a Mobile personal injury attorney as soon as possible after an injury. While the statute of limitations in Alabama is generally 2 years from the date the injury occurred (Alabama Code § 6-2-38), consulting a lawyer early on helps you build a strong case and avoid any mistakes that could harm your claim.
For example, the insurance company may push for recorded statements or access to your medical records. This may be an effort to undermine your claim. A lawyer can manage these communications with insurers. You get to focus entirely on your physical recovery while knowing your claim is in good hands.
What if the Person Who Caused My Injury Denies Their Part in It?
When the person responsible for your injuries denies fault, you will need strong evidence to prove what happened. This may include the official incident report and third-party evidence. Examples of this could include:
- Surveillance footage from a nearby business
- Maintenance or inspection records
- Photos or video from the scene
- Cell phone records
- And more
In some cases, we may also work with experts (e.g., medical professionals, accident reconstructionists, or private detectives) to analyze physical evidence and help show exactly how the incident occurred.
By building a trial-ready case from the very beginning, we signal to the opposing party that we are prepared to let a jury decide the facts if they refuse to accept responsibility.
Can I Recover Compensation If I Was Partly at Fault in Alabama?
Alabama’s contributory negligence rule can bar you from recovery if you are even 1% at fault for the accident.
Because of this high bar, insurance companies will often look for any reason to shift a small portion of the blame onto you to avoid paying your claim. This is one of the many reasons that we recommend working with an experienced Mobile personal injury attorney. You will need help refuting unfair allegations of fault and ensuring the actions of the truly negligent party remain the focus of the investigation.
How Long Will My Personal Injury Claim Take?
While some straightforward claims can settle in as little as a few months, more complex cases involving catastrophic injuries or disputed liability can take a year or longer to resolve. The timeline of a claim generally depends on the severity of your injuries and how long it will take to reach Maximum Medical Improvement (the point of full recovery or the point at which further improvement is no longer expected).
Other factors that can influence how long it takes include:
- Clarity of liability
- Number of parties and/or insurance companies involved
- Court’s current trial schedule in Mobile County
Who Pays My Medical Bills Before My Case Settles?
While your lawsuit is pending, there are options for how you can cover medical bills, including your private health insurance coverage or Medical Payments (MedPay) coverage from your auto policy. Keep in mind that these providers may have a legal right to be reimbursed from your final settlement.
If insurance is insufficient, your Mobile personal injury attorney may be able to issue a Letter of Protection (LOP) to medical providers, allowing you to receive the care you need now and defer payments until your case is resolved.
In some cases, we can also help identify and manage potential liens from Medicare or Medicaid to ensure financial obligations are addressed legally and correctly in the final recovery.
How Much Does It Cost to Hire a Personal Injury Lawyer in Mobile?
Most personal injury lawyers in Mobile work on a contingency fee basis, which means you do not pay upfront and they only get paid if they recover money for you. This arrangement allows you to access the high-quality legal representation you deserve, regardless of your current financial situation after an injury.
Morris, Andrews, Talmadge & Driggers, LLC operates on a contingency fee basis and offers free initial consultations so you can review your case with a professional at no charge.
When you hire us and we win compensation for you, our fee is an agreed-upon percentage of the total settlement or jury award you receive. Beyond eliminating risk for you, this approach also ensures that our interests are completely aligned with maximizing your recovery.
Will My Personal Injury Case Settle, or Will It Go to Trial?
The majority of personal injury cases in Alabama are resolved through negotiated settlements before they ever reach a courtroom. Settlements are especially common when the evidence is clear, motivating the insurance company to offer an amount that fairly covers your:
- Medical expenses & future care
- Lost wages & loss of earning capacity
- Pain, suffering & mental anguish
If the insurance company refuses to offer a fair amount, we are proven litigators who are fully prepared to take your case to trial to fight for what you truly deserve.
We believe you should always work with a personal injury lawyer who is ready for court. A trial-ready team has more leverage during negotiations and they won’t accept a low-ball settlement offer just to get a quick and easy payout.
Who Investigates Personal Injury Accidents in Alabama?
Personal injury incidents may be investigated by law enforcement (e.g., Mobile Police Department), insurers, and your lawyer, depending on how the injury happened. Our Mobile personal injury team will conduct their own independent investigation. We’ll gather evidence, locate and interview witnesses, and, if necessary, hire a private investigator to help establish liability.
Can I Negotiate for More?
You do not have to accept the insurance company’s first offer if it is too low. Too many people feel as though they have to accept an initial offer. The reality is that these offers are often much lower than what you actually deserve.
Negotiating is an integral part of recovering just compensation. In order to do so, you must clearly lay out the compensation you are demanding and why. For example, if the initial settlement doesn’t account for future damages, such as ongoing physical therapy or the inability to return to your previous job, then you need to be able to quantify those losses and provide proof.
If the insurance company refuses to negotiate in good faith, the best response may be to file a formal lawsuit to show your intention to take the case to court to achieve a fair outcome.
Personal Injury Attorneys Serving Mobile, Baldwin County & Southwest Alabama
The Mobile personal injury lawyers at Morris, Andrews, Talmadge & Driggers, LLC have built a reputation for excellence in Alabama. Our firm is committed to helping our clients obtain the full and fair compensation to which they may be entitled under the law. As a leading personal injury law firm in Mobile, we also help injury victims throughout Baldwin County and all of Southwest Alabama.
If someone’s negligence caused you harm, you may be eligible to recover damages for your physical, financial, and emotional losses. Contact Morris, Andrews, Talmadge & Driggers, LLC today online or at (844) 654-6228 to schedule a FREE case evaluation. We accept personal injury cases on a contingency basis, meaning if we don’t win, you don’t pay.
More than 130 Years of Combined Legal Experience
Morris, Andrews, Talmadge & Driggers, LLC is passionate about helping the wrongfully injured in Alabama. We utilize the considerable knowledge, skill, and experience of our attorneys to recover the maximum compensation for those we serve. Leveraging almost 150 years of combined legal experience, you can feel confident that your case is in capable hands.
Many of the personal injury cases we handle involve what some might call an accident; however, they are almost always the result of negligence, not bad luck. Our team of personal injury lawyers works diligently to pinpoint the true cause of our clients’ injuries and hold the responsible parties accountable for their actions.
See What Our Clients Say About Us
Millions of Dollars Recovered for Our Alabama Clients
Morris, Andrews, Talmadge & Driggers, LLC has won one of the highest jury awards in Alabama’s history: $21,000,000. Our Mobile personal injury lawyers provide world-class legal representation in a variety of cases. Our attorneys have the dedication, resources, and skill needed to help our clients recover maximum compensation.
Notable Verdicts & Settlements
Our Areas of Practice in Mobile
Our Mobile personal injury lawyers have extensive experience in a variety of accident cases, including:
- Motor vehicle accidents
- Car accidents
- Drunk driving accidents
- Truck accidents
- Motorcycle accidents
- Bicycle accidents
- Pedestrian accidents
- Slip and fall accidents
- Construction accidents
- Swimming pool accidents
- Dog bites
- Wrongful death
We also handle other types of cases involving damages and negligence, but which may not be specific to one incident.
Special areas of personal injury law that we practice include:
- Premises liability
- Nursing home abuse
- Product liability
- Worker’s compensation
- General negligence claims
- Social security disability
- Insurance bad faith
- BP oil spill claims
- Business litigation
If your case involves any of these situations, call the Mobile personal injury attorneys at Morris, Andrews, Talmadge & Driggers, LLC today to schedule a FREE case evaluation. During your complimentary consultation, we will listen to your story, assess the merits of your case, and explain your legal rights and options.
How Is Negligence Determined in a Personal Injury Case?
Negligence in a personal injury case is typically determined through a legal process that involves establishing four key elements: duty, breach of duty, causation, and damages. To prove negligence, the plaintiff (the injured party) must demonstrate that the defendant (the person or entity being sued) failed to meet the required standard of care, resulting in the plaintiff’s injuries or damages.
Here’s how these elements are determined:
Duty
The first thing to determine is whether the defendant owed a legal duty to take care of the plaintiff. This duty depends on the situation and can be different based on the relationship between these two parties. For example, a driver has to drive safely and follow traffic laws, and a doctor has to give medical care the right way as per the medical standards.
Breach of Duty
In order to establish negligence, the plaintiff must demonstrate that the defendant violated their duty of care. This means that the defendant did not behave as a reasonably prudent individual would in similar circumstances. It is crucial to show that the defendant’s actions or lack thereof did not meet the required standard of care. This proof is often presented through evidence, including witness testimonies, expert opinions, and pertinent documents.
Causation
The plaintiff must show a direct causal link between the defendant’s breach of duty and the plaintiff’s injuries. This means that the plaintiff must prove that the defendant’s actions or negligence were the proximate cause of the harm suffered. There are two types of causation to consider:
- Cause in fact (also known as “but-for” causation): This means that the injury would not have occurred “but for” the defendant’s actions or negligence.
- Proximate cause: This concept limits liability to those harms that are reasonably foreseeable as a result of the defendant’s actions.
Damages
The plaintiff must show that they have suffered actual damages as a result of the defendant’s breach of duty and the resulting injuries. Damages can include medical expenses, pain and suffering, lost wages, property damage, and other losses. To succeed in a personal injury case, the plaintiff needs to provide evidence of the extent and nature of their injuries and the associated financial losses.
Do I Need a Mobile Personal Injury Lawyer?
Whether or not you need a personal injury lawyer depends on the specific circumstances of your case. While it’s not always necessary to hire an attorney, there are several factors to consider when determining whether legal representation is advisable:
- Severity of Injuries: If you have sustained minor injuries that resulted in minimal medical expenses and no significant impact on your life, you may be able to handle your claim on your own. However, if you have suffered severe injuries that require extensive medical treatment and have long-term consequences, it’s generally a good idea to consult with an attorney to ensure you receive fair compensation.
- Liability Dispute: If there is a dispute over who was at fault or if multiple parties are involved, the legal process can become more complicated. An attorney can help investigate the case, gather evidence, and establish liability.
- Complex Legal Issues: Personal injury cases can involve complex legal issues, especially when dealing with issues like medical malpractice, defective products, or premises liability. An experienced attorney can navigate these complexities and ensure that your rights are protected.
- Insurance Company Tactics: Insurance companies often employ tactics to minimize payouts, such as offering low settlements or trying to shift blame onto the injured party. An attorney can negotiate with the insurance company on your behalf and help you avoid accepting an inadequate settlement.
- Statute of Limitations: Personal injury cases have a time limit for filing a lawsuit, known as the statute of limitations. If you miss this deadline, you may lose your right to seek compensation. A Mobile personal injury attorney can help ensure you meet all legal deadlines.
- Knowledge of Laws and Legal Procedures: Personal injury lawyers are knowledgeable about relevant laws and court procedures. They can help you navigate the legal system effectively, ensuring that your case is handled correctly and efficiently.
- Maximizing Compensation: An experienced Mobile personal injury lawyer can assess the full extent of your damages and losses, including those that may not be immediately obvious. They can help you seek compensation for medical expenses, lost wages, pain and suffering, and other damages.
- Contingency Fees: Many personal injury lawyers work on a contingency fee basis. This means that your attorney will only get paid for their services if they reach a successful outcome to your case.
Ultimately, the decision to hire a Mobile personal injury lawyer should be based on the unique circumstances of your case. Consult with an attorney at Morris, Andrews, Talmadge & Driggers, LLC during a FREE initial consultation to discuss your situation and receive legal advice on how to proceed. This will help you make an informed decision about whether legal representation is necessary and in your best interest.
Testimonials From Former Clients
Cory and his staff are very professional and make you feel at ease whether it is by phone or in person. My case was solved quickly and very efficiently. Thanks for everything!!
Mr.Driggers is a wonderful Lawyer that knows the law, he helped me when I had no idea in my situation where to start and what to do, he worked with me hands on and got the best results for me in my case. It was a privilege to get to know him as my lawyer and a friend. If you need legal representation call him you will be satisfied.
I would recommend Mr. Driggers to anybody needing legal help him and his staff first of all are very nice to you and act like they are very understanding to your needs. He talked to me on the phone like he knew me all my life and that really mattered to me. When we had our hearing he treated me like he had already met me and he hadn’t, I just really loved him and have already been telling people about him and his office.
Love, love, love these people! When no one out there seems to care, let me tell you that this group right here will fight tooth and nail for you.
I would highly recommend Cory Driggers. He kept me informed all during my case. I never felt left in the dark. He was always straightforward with me . I can’t express how impressed I was with him.
Hired Joseph Morris to handle my car accident and he did a great job at handling the case and explained the process as the case went. I would highly recommend him.
Cory Driggers represented my daughter following an car accident. He showed real genuine care for her and the case. He and his staff worked to get all of the medical bills gathered and also to get them decreased. Cory kept us updated and contacted my daughter when decisions needed to be made. Ultimately, Cory got what my daughter deserved for her injuries and my daughter was completely satisfied. I would recommend Cory to anyone that is looking for a good Christian attorney. Thanks Cory for your help!
The staff handled my case in a prompt and professional manner. They returned my calls in a timely fashion and was always prepared to answer any questions. Furthermore, Attorney Driggers is a Christian man and first class professional. I am certainly happy that i was represented by this Law Firm.
“I was pleased with their work and the outcome of my case.”
Attorney Driggers and his team did a wonderful job with my case. They were professional and pleasant. They were patient with me and answered all my questions. They addressed all my concerns from the first conversation to the last. I would highly recommend him to anyone needing an attorney.
Joey (and his team) was extremely helpful in a time when we did not know what to do. His professional approach gave us assurance while he settled our case.
Cory was absolutely fantastic. He settled my case beyond what I could even imagine. Not only was he very knowledgeable concerning the law, he was available whenever we needed him, Cory was also so kind and courteous to us at all times. During the time since my case ended I have called on Cory several times to ask questions related to situations I have had going on and he has always been available to help me. I would recommend Cory without a second thought to any friend, family member, co-worker or acquaintance.
“Never in a million years did I believe that these attorneys would do everything possible to seek justice.”
“Our family is so thankful for Mark, Dan and their entire team. Every step of the way they made sure we were comfortable and understood every aspect of our case. It was apparent that our interest was …”
I would highly recommend Cory Driggers. He kept me informed all during my case. I never felt left in the dark. He was always straightforward with me. I can’t express how impressed I was with him.
“I’ve had Joey take care of three separate cases and two for other family members. The service was always great and he was always there to answer my questions no matter how many times I called. Great m …”
Potential Damages in a Personal Injury Claim
If you’ve suffered a serious injury because of someone else’swrongdoing, you may be facing disability, high medical bills, and time away from work that you and your family cannot afford. You shouldn’t face these hardships alone. Depending on the unique circumstances in your case, you may be entitled to recover damages for losses such as:
- Medical bills
- Lost wages
- Pain & suffering
- Property damage
- Physical discomfort
- Emotional distress
- Loss of enjoyment
- Loss of companionship
While not typically awarded, punitive damages may be available in personal injury cases where the defendant’s conduct was particularly egregious, willful, or wanton (see Ala. Code § 6-11-20). Punitive damages are intended to punish the wrongdoer and deter similar behavior in the future.
In some tragic cases, a person loses their life in an accident. If you lost a loved one due to someone else’s negligence, you may be entitled to compensation for burial costs, lost benefits, and more in a wrongful death claim.
How Much Is My Case Worth?
The value of your personal injury case depends on various factors, and it can vary widely from one case to another. While it’s difficult to provide an exact figure without knowing the specific details of your case, here are some key factors that influence the value of a personal injury case:
- Severity of Injuries: The extent and severity of your injuries play a significant role in determining the value of your case. More severe injuries often result in higher compensation. This includes medical expenses, ongoing treatment, and the impact on your quality of life.
- Medical Expenses: The total amount of medical bills you’ve incurred as a result of the injury is a crucial factor. This may include prescription medications, doctor visits, hospital bills, surgeries, rehabilitation, and future medical bills.
- Lost Wages and Earning Capacity: If your injury has caused you to miss work, you can seek compensation for lost wages. Additionally, if your injuries are expected to affect your ability to earn a living in the future, this can also factor into the value of your case.
- Pain and Suffering: These damages are catagorized as “non-economic damages” which can include losses that don’t necessarily come with receipts, such as loss of enjoyment of life, emotional distress, and physical pain. While these losses are more difficult to quantify, they are a crucial aspect of personal injury claims.
- Property Damage: If your personal injury case involves damage to your property, such as a car accident that resulted in vehicle damage, you can seek compensation for repair or replacement costs.
- Liability: Establishing liability is a key factor in determining the value of your case. If it’s clear that the other party is at fault and their negligence caused your injuries, it can strengthen your case and increase its potential value.
- Insurance Coverage: The available insurance coverage, both from the at-fault party and your own insurance, can impact the maximum compensation you can receive.
- Attorney Skill and Negotiation: An experienced personal injury attorney can significantly impact the outcome of your case. They can negotiate with the insurance company and build a strong case to maximize your compensation.
It’s important to consult with an experienced personal injury attorney who can assess the specific details of your case and provide a more accurate estimate of its potential value. Keep in mind that every case is unique, and there are no guarantees regarding the final settlement or award amount.
How Long Do I Have to File a Claim?
In Alabama, the time within which you must file a personal injury claim is governed by the statute of limitations. The statute of limitations sets a legal deadline for initiating a lawsuit, and it varies depending on the type of case. For most personal injury claims in Alabama, the statute of limitations is typically two years (see Alabama Code § 6-2-38). Here’s what you need to know about the statute of limitations for personal injury cases in Alabama:
- General Personal Injury Claims: For most personal injury cases, including those arising from car accidents, slip and fall accidents, and other types of personal injuries, you have two years from the date of the injury to file a lawsuit. If you fail to file a lawsuit within this two-year period, you may lose your right to seek compensation.
- Medical Malpractice: Medical malpractice cases in Alabama have a separate statute of limitations. Generally, you have two years from the date of the medical malpractice incident or the discovery of the injury (or when it should have been discovered through reasonable diligence) to file a lawsuit. However, Alabama law imposes a maximum statute of limitations of four years from the date of the act or omission that gives rise to the medical malpractice claim, regardless of when the injury is discovered.
- Wrongful Death: In wrongful death cases, the statute of limitations is generally two years from the date of the individual’s death, which may be different from the date of the incident that caused the fatal injuries.
It’s important to be aware of these deadlines, as failing to file a lawsuit within the applicable statute of limitations can result in your claim being time-barred, and you may be unable to pursue compensation for your injuries.
Understanding how the statute of limitations applies to your situation can be difficult. It is in your best interest to contact a Mobile personal injury lawyer at Morris, Andrews, Talmadge & Driggers, LLC promptly to discuss the specifics of your case in a FREE case review.
Contact a Mobile Personal Injury Lawyer for Free
The Mobile personal injury lawyers at Morris, Andrews, Talmadge & Driggers, LLC are dedicated to assisting individuals who have sustained serious injuries in accidents. We firmly believe that every person is entitled to exceptional legal representation, and we are committed to helping our clients recover the maximum compensation they require and deserve. We will work diligently on your behalf to safeguard your rights and best interests.
Time may already be running out to take action on your case. If you have been injured due to the negligent or reckless actions of another party, please contact our office today, either online or at (844) 654-6228, to arrange a FREE case evaluation with a personal injury lawyer in Mobile. We handle personal injury cases on a contingency fee basis, which means you are not required to pay unless we secure a favorable outcome for your case.
