Being injured in a car accident is a frustrating experience. You have likely lost time from work in addition to paying for medical bills and car repairs. Understandably, you want to hold the responsible party accountable for their actions and receive compensation for you for your damages. However, you don’t have an unlimited amount of time to pursue a claim. There is a statute of limitations for suing over a car accident in Alabama. If you need assistance pursuing a claim for damages resulting from a car accident, let our experienced Birmingham car accident lawyers help. What Is the Statute of Limitations in Alabama for Car Accidents? In general, you have only two years to file a lawsuit for a car accident claim in Alabama. If you wait until the statute of limitations has passed, the court will likely bar you from recovery. That means you will collect nothing for your injuries, physical damages, or pain and suffering. It’s not uncommon for the defendant’s insurance company to drag out the claim, hoping you’ll miss the statute of limitations. If you are in negotiations with their insurance company beforehand and miss the deadline, they are not obligated to pay you anything even if you were close to a settlement. That is one reason why it’s essential to contact an attorney at the start of your claim. At Fob James Law Firm, we will handle all negotiations and ensure a lawsuit has been timely filed. Alabama Car Accident Settlement Process The time it takes for a car accident claim to resolve is different from case to case. It depends on a lot of factors, including the facts of the accident and the severity of your injuries. Cases involving relatively minor property damage and injuries could resolve in as quickly as two to three months. Cases involving serious injuries, significant time off work, and even future disability could take a year or longer to resolve. However, cases with disputed liability or other aggravating circumstances may not settle before the statute of limitations expires. These cases require filing a lawsuit. The time it takes to resolve in litigation will vary. If the defendant’s insurance company doesn’t agree to settle, we will prepare to take your case to trial. That could be another year or more away. Speaking with one of our Birmingham car accident attorneys can help you understand your specific case’s timeline. Pitfalls and Things to Look Out for When Suing over a Car Accident in Alabama When you attempt to handle your own car accident claim, there’s a higher chance of making mistakes along the way. While some of these may be minor, others can jeopardize your entire case. Some potential errors include: Not seeking medical treatment quickly after the accident; Waiting too long to file a claim or lawsuit; Not getting enough documentation of your damages; Giving a recorded statement to the defendant’s insurance company; Settling your claim for the first offer; and Hiring a lawyer that doesn’t specialize in auto accident cases. When you retain our firm right after the accident, we can help you avoid these pitfalls. Your attorney will explain the importance of seeking medical treatment early on. We can communicate with the insurance company on your behalf so you aren’t coerced into making a statement that can be used against you. We will also make sure the insurance company doesn’t delay your claim or try to get you to resolve it for far less than it’s worth. Contact a Birmingham Car Accident Attorney If you need assistance with a Birmingham car accident claim, let Fob James Law Firm help. We have decades of experience assisting clients just like you. We understand the tactics insurance companies use and know all the ways to fight them. Contact our office today to schedule an initial consultation. Our goal is to protect your rights and help you get the compensation you deserve.
We’re aggressive Birmingham trial attorneys fueled by our passion for people like you. We take fewer cases than other personal injury law firms in Alabama so we can provide the utmost care to your situation. Although we have the resources of a large personal injury firm, we serve you with the attention and compassion of a small injury firm.
We work day in and day out to obtain justice and a top-dollar settlement for you. Whenever you need an update on your case or a listening ear, you can call your attorney day or night, 365 days a year.We’re in it for the long haul, and we’ll do it together.
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I and eighteen other families were involved in a land dispute with a multi-national company twenty years ago. A Lawyer made a presentation to us saying it would cost well into six figures and we could lose. After much prayer, We, on two occasions, contacted a well-known law firm out of Montgomery, Alabama to represent us. They chose not to take our case but recommended Fob James in Birmingham saying there are three things about him which are: Number one: He is a Christian. Number two: He will not take your case unless he thinks you are right. Number three: If he takes your case, he will bite in like a Bull-dog and will not let go until you get the answer. We found these three things to be true, know our prayers were answered, as Fob negotiated on our behalf without having to go to court and eighteen families received fair market value for our homes and property. I highly recommend the Fob James Law Firm- Milton E. Pointer
Outstanding Job. Hired Fob…for advice on how to handle a fraudulent cyber attack and potential litigation relating to the securities business. Excellent service and insights.- Mal
Fob James is a hard-working and knowledgeable attorney to whom I have referred personal injury cases. I trust Fob will put his clients first and pursue the most favorable outcomes on their behalves.- Dillon Hobbs
Knowledge with wisdom. Fob James IV has a gift for applying knowledge with wisdom. When I needed someone to act on my behalf, Fob represented me fiercely, but with a wise approach, and was able to reach a positive resolution of my problem. He communicated very well with me and for me. I would highly recommend Fob James IV.- Becky
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Almost half of the country has a universal helmet law in place, including Alabama. All riders and passengers are obligated to wear a helmet at all times, no matter their age. Also, Alabama helmet laws set forth specifics on what is an approved helmet. These include details on the necessary exterior shell, cradle, padding, and chin strap. The National Highway Traffic Safety Administration’s (NHTSA) findings indicate that wearing a proper helmet can save thousands of lives every year. If you were involved in an Alabama motorcycle-related accident, you need a skilled Birmingham motorcycle accident attorney on your side. Other Alabama Motorcycle Laws In addition to following Alabama helmet laws, motorcycle riders must adhere to many other important regulations. Some of these laws include: Riders must have a class M endorsement on their driver license to operate a motorcycle; Riders must be 16 or older to obtain a class M endorsement; Motorcyclists are prohibited from riding between the lanes or between rows of vehicles; Riders must be sitting on the regular and permanent seat and cannot carry a passenger unless the motorcycle is designed for two and has the required footpegs; Motorcycle riders must wear shoes at all times; Riders can’t ride abreast from more than one other motorcycle in the same lane; Motorcyclists are prohibited from passing a vehicle in the same lane as the one they are overtaking; and Riders cannot carry anything on the motorcycle, like a package, if it prevents them from having both hands on the handlebars. Motorcyclists are also required to follow the same traffic safety laws as other motorists on the road. Failure to do so can result in an accident. What Happens If I Get Caught Not Wearing a Helmet While on a Motorcycle in Alabama? If you are caught by a police officer while not wearing a helmet, you could receive a fine. If you are in an accident while not wearing a helmet, you could be severely injured or even die from your injuries. Common Causes of Motorcycle Accidents Motorcycle accidents in Birmingham can happen for a variety of reasons. Some of the most common causes of accidents we see include: Tailgating; Opening a car door into a motorcycle; Speeding; Failure to observe the motorcycle rider; Changing lanes into the motorcycle; Driving under the influence; Distracted driving; Sudden stops; Adverse weather; and Road hazards. Severe to catastrophic injuries are not uncommon in motorcycle accidents. Some injuries could’ve been reduced or even avoided entirely if the rider was wearing a helmet. There tends to be a stigma about motorcycle riders. Contrary to what most people think, motorcyclists are not always at fault in an accident. While following Alabama helmet laws, wearing proper safety gear, and taking motorcycle training can help reduce some accidents, other drivers need to watch for motorcyclists at all times. Defensive driving can also save lives. Contact Our Alabama Motorcycle Accident Lawyers Today If you suffered injuries in a motorcycle accident caused by someone else’s negligence, don’t attempt to pursue an injury claim on your own. Let an experienced Birmingham motorcycle lawyer assist. With decades of experience representing clients in Alabama personal injury matters, the attorneys at Fob James Law Firm can help you fight for the compensation you deserve. Contact our office today to schedule a free no-obligation case evaluation.
Losing a loved one in a tragic accident or because of another’s intentional actions is devastating. We recognize it is a challenging time for you and your family. If your family member’s death was someone else’s fault, it can be even more painful. Understandably, you might have many concerns and questions, including whether the at-fault party will be held criminally responsible. You may also want to know who can file a wrongful death lawsuit in Alabama. To understand more about how wrongful death claims work, contact our skilled Birmingham wrongful death lawyers. What Is a Wrongful Death Claim? A wrongful death claim is a civil claim for financial compensation and is meant to hold the responsible party accountable for someone’s death. Wrongful death is when another party’s negligence, omission, or reckless or intentional actions cause someone to die. Because of this, they should be held accountable. In some situations, that means a criminal trial, possibly resulting in incarceration and fines. A wrongful death claim is a civil case, which results in financial compensation. To bring a wrongful death claim, you need to see whether the victim would’ve had the right to bring a claim had they survived. If the deceased would have had a personal injury claim against the defendant, you might have the right to file one for wrongful death. Alabama law is different from that of many other states regarding the type of damages you can receive in a wrongful death case. Alabama law limits you to recovering only punitive damages in a wrongful death lawsuit. Punitive damages do not necessarily compensate the survivors for financial losses associated with the victim’s death. Instead, it’s more about punishing the defendant for their wrongdoing and sending a message to others not to replicate the behavior. Who Can File a Wrongful Death Lawsuit in Alabama? Under Alabama law, only the deceased’s personal representative can file a wrongful death lawsuit. The personal representative is usually someone named in the deceased’s will. They will be responsible for probate administration and may or may not be a family member. If the deceased did not appoint someone or did not have an estate plan at all, the court will appoint someone as the estate administrator. While the personal representative is the one who files the wrongful death lawsuit, the family members will receive the proceeds from a settlement or jury award. How Are Wrongful Death Proceeds Divided in Alabama? Damages are distributed to surviving family members based on Alabama’s intestate laws. The rules on who receives what falls under a specific hierarchy based on the probate code. This can be a complicated process depending on surviving family members. You need a skilled Birmingham wrongful death attorney who can explain the order of priority in your specific situation. Contact an Alabama Wrongful Death Attorney In Alabama, the wrongful death statute of limitations is typically only two years. However, some circumstances could alter the time you have to file. That is why you must contact an experienced attorney early on. At Fob James Law Firm, we have decades of experience helping Birmingham clients recover compensation in wrongful death claims. Contact our office today to schedule a free, no-obligation consultation. Let us help your family through this difficult time and fight to hold the responsible party accountable.