Unfortunately, millions of people every year experience some accident or injury.
While this may bring stress and financial burden, there may be legal options available.
If you or a loved one has suffered an injury, a personal injury lawyer in Birmingham, Alabama, may be able to help. You need legal representation you can trust. The Birmingham personal injury attorneys at the Fob James Law Firm work tirelessly to get the compensation victims deserves to recover from their injuries.
Whether you get into a car accident or receive an injury during medical treatment, our attorneys are here to help.
Please call (205) 407-6009 or send us an online message today for a free consultation.
The Personal Injury Lawyers at Fob James Law Firm Are the Top Choice
The personal injury attorneys at the Fob James Law Firm know how difficult it is to manage a claim on your own.
For over 35 years, we’ve advocated for personal injury victims throughout the state of Alabama.
We give every client personal attention and provide the legal resources of a large firm to bolster your claim.
Most importantly, whenever you have a question about your case, you can call us 365 days a year, day or night.
We move fast, aggressively work your case, and get results.
We never charge you a fee unless we win your case.
Types of Personal Injury Cases We Handle
These include:
- Car accidents,
- Truck accidents,
- Motorcycle accidents,
- Dog Bites,
- Drunk Driving Accidents,
- Bicycle accidents,
- Pedestrian accidents,
- Slip and fall,
- Defective Products and Devices,
- Nursing home abuse,
- Negligent security,
- Shooting victim,
- Wrongful death,
- Medical malpractice,
- AFFF Firefighting Foam Claims,
- Camp Lejeune Claims,
- Roundup Cancer Claims,
- Hair Relaxer Claims,
- Paraquat Claims,
- NEC Baby Formula Claims,
- Bard Catheter Claims,
- Brain injuries,
- Insurance bad faith, and
- SEC Whistleblower.
Even if you don’t see your personal injury case type listed here, we highly recommend you give us a call. Our goal is to provide our clients with the utmost care and compassion while fighting on their behalf.
If you or a loved one has been injured at the hands of another, you may have a personal injury claim.
What to Do Before Filing Your Personal Injury Lawsuit?
The appropriate steps to take before filing your personal injury lawsuit depend on the accident or incident giving rise to your claim. However, certain common steps should generally be taken.
Seek Medical Attention
After an accident or injury, be sure to seek medical attention right away. Even if you believe you are uninjured, it is still wise to visit a doctor.
At times, letting a doctor conduct a thorough examination will lead to the discovery of unknown injuries.
Also as important is following any medical advice or instructions given. Everything will be well documented in your medical records, which will play a significant role in your case.
Collect Evidence
Compiling evidence can greatly help your case.
Some of the most common types of evidence to collect include:
- Photos and videos,
- Witness information,
- Police reports, and
- Medical records.
You should aim to collect any documentation regarding your case, as it may be important in the future.
Proving Negligence in Alabama
Negligence refers to any person or entity’s lack of care resulting in injury. In Alabama, there are four elements you must show to prove that a defendant acted negligently: duty, breach of duty, causation, and damages.
Duty
First, you and your personal injury attorney in Alabama must demonstrate that the person who injured you had a duty of care toward others. In other words, the defendant must have an ethical or legal obligation to keep you safe. For car accidents, this is as simple as showing that the defendant was driving at the time of the accident.
Breach of Duty
The next factor you need to demonstrate is that the defendant breached their duty of care toward others. In some cases, this may be proven by showing that the defendant broke the law. However, there are certain circumstances where that isn’t enough to prove a breach of duty. Ultimately, the defendant’s actions must be different from what another person in the same situation would have done.
Causation
If you successfully show that the defendant had a duty of care and breached that duty, you must also prove that their actions caused your injuries. There are instances where proving causation may be difficult. For example, if a store doesn’t fix a crack in the parking lot but the customer trips due to untied shoes, the store might not be held liable.
Damages
Finally, if you demonstrate that the defendant’s breach of duty caused your injuries, you need to show that you sustained damages. This is usually proven by showing medical records, bills, and other expenses related to the injury.
Our Results
The results of our personal injury attorneys in Birmingham speak for themselves. We’ve recovered millions of dollars for clients injured due to another person’s negligence. This includes injuries caused by defective drugs, car accidents, nursing home abuse, and more. While we can’t guarantee the result in your case, our track record gives you an idea of what we can do for you.
Contact a Birmingham Personal Injury Attorney
As soon as you can after your accident or injury, contact a personal injury attorney in Birmingham, Alabama.
Your attorney can start working on your case right away in hopes of reaching a swift resolution. The sooner you contact an attorney, the better.
Damages Available for Personal Injury Cases
There are different types of damages available in personal injury cases. The two common types include economic and non-economic damages.
Accidents and injuries often result in various expenses. Economic damages allow a victim to recover for these expenses and losses. Economic damages are any of the calculable losses you incur as a result of the injury. In other words, you must be able to assign a dollar value to the loss. This often includes medical bills, lost wages, vehicle damage, and more.
They include things like:
- Medical expenses,
- Lost wages, and
- Property damage.
Non-economic damages, on the other hand, are directly related to the accident or injury but are not as easily calculated as economic damages. Non-economic damages are any losses that can’t be assigned a standard dollar amount. As a result, non-economic damages usually include intangible losses, such as pain and suffering, loss of future earning capacity, and loss of enjoyment of life.
These include:
- Pain and suffering,
- Mental and emotional anguish, and
- Loss of consortium.
Punitive damages, while rare, may also be available in some cases. These damages serve to punish and deter.
They may be awarded in cases where the defendant’s actions were malicious, willful, fraudulent, or reckless.
Damages can be challenging to calculate, and you may be unaware of what damages are available to you.
Your Birmingham personal injury attorney will calculate the appropriate damages and work diligently to get you a just resolution.
What Is the Average Settlement for a Personal Injury Claim?
In short, there is no “average” settlement for personal injury claims. The value of your claim significantly depends on the type of accident and resulting injury.
Some of the factors that most affect personal injury cases include:
- The severity of the injury;
- Treatment and recovery time;
- Where the accident occurred (the venue);
- Who is liable (e.g., an individual or a company); and
- Damages such as punitive.
Your patience and willingness to negotiate may also affect your settlement. Trust your Birmingham personal injury attorney to handle all aspects of your case and work toward getting you a fair outcome.
Do I Really Need a Personal Injury Attorney?
To file a personal injury lawsuit, you are not required to have legal representation. Still, the outcome of your case can suffer greatly if you go unrepresented.
If you or a loved one sustains an injury due to the negligence of another, you shouldn’t have to fight it alone. At the Fob James Law Firm, our personal injury lawyers in Birmingham are dedicated to assisting individuals and families recovering from an injury.
A personal injury attorney in Birmingham can be a valuable ally, handling your case from beginning to end.
Your attorney will handle everything, including:
- Case investigations,
- Witness interviews,
- Evidence collection,
- Calculating damages,
- Engaging in settlement negotiations, and
- Negotiating medical liens.
While you are free to handle your case on your own, the most successful outcomes happen with the help of a qualified personal injury attorney.
Do not hesitate to contact a Birmingham personal injury lawyer as soon as possible. We believe that you deserve justice for the trauma and losses you incur after being injured by another.
Contact a Personal Injury Lawyer in Birmingham, AL
We proudly serve clients in Birmingham and throughout the state of Alabama.
Fob James Law Firm has over four decades of experience helping injured clients.
Our firm is proud to take fewer cases in an effort to give our clients the time, attention, and compassion they need during a challenging time.
We have the resources of a large firm while providing the care of a small law firm. We offer free case evaluations.
Contact us online or call our firm at (205) 407-6009 today, and let’s discuss your case.
Frequently Asked Questions About Birmingham Personal Injury Claims
How much does a personal injury lawyer in Birmingham cost?
Most personal injury lawyers in Birmingham, including Fob James Law Firm, work on a contingency fee basis. This means there are no upfront costs — you only pay a percentage of your settlement or verdict if your case is successful. If your case is unsuccessful, you owe nothing. We also offer free, no-obligation consultations for all personal injury matters.
How long do I have to file a personal injury claim in Alabama?
Under Alabama law (Ala. Code § 6-2-38), you generally have two years from the date of the accident to file a personal injury lawsuit. Wrongful death claims also carry a two-year deadline from the date of death. Missing this deadline could eliminate your right to file a claim, so it is important to consult an attorney as soon as possible after an injury.
Is Alabama a no-fault state?
No. Alabama is not a no-fault state. Alabama follows a fault-based auto insurance system, which means the driver who causes an accident is legally responsible for paying injury and property damage costs. This is different from no-fault states, where each driver’s own insurance pays for their injuries regardless of who caused the accident.
Can I still recover compensation if I was partially at fault in Alabama?
Alabama is one of only a handful of states that follows a pure contributory negligence rule. Under this doctrine, if you are found even 1% at fault for the accident that caused your injuries, you may be barred from recovering any compensation. Insurance companies frequently use this rule to deny claims, which is why having an experienced personal injury attorney is critical in Alabama cases.
What should I do after a car accident in Birmingham?
After an accident in Birmingham, you should take these steps to protect your health and your legal rights:
- Call the police and report the accident.
- Document the scene by taking photos if you are able.
- Obtain contact information from any witnesses.
- Seek medical treatment promptly, even if you feel fine — some soft tissue injuries can take a day or two to become noticeable.
- Report the claim to your own insurance company.
- Contact a personal injury attorney before giving any recorded statements to the other party’s insurance company.
What types of damages can I recover in an Alabama personal injury case?
In Alabama, personal injury victims may recover:
- Economic damages: medical bills, lost wages, property damage, and future medical costs.
- Non-economic damages: pain and suffering, mental anguish, loss of enjoyment of life, and loss of consortium.
- Punitive damages: rare, intended to punish particularly reckless or malicious conduct. Alabama law (Ala. Code § 6-11-21) caps punitive damages at three times the compensatory damages or $1.5 million, whichever is greater.
How long does a personal injury case take in Alabama?
The timeline for a personal injury case in Alabama varies depending on the complexity of the case, the severity of your injuries, and whether a settlement can be reached. Some cases resolve during early settlement negotiations within a few months, while others may go to litigation and take one or more years to resolve. Factors like disputed liability, the need for expert testimony, and the willingness of the insurance company to negotiate all affect the timeline.
Do I need a lawyer for a car accident claim in Alabama?
While you are not legally required to hire an attorney, Alabama’s contributory negligence rule makes having experienced legal representation especially important. Insurance companies often try to assign even a small percentage of fault to you in order to deny your entire claim. An attorney can handle investigations, gather evidence, manage communications with insurers, negotiate settlements, and ensure important deadlines are not missed.
What are Alabama’s minimum car insurance requirements?
Alabama requires all drivers to carry minimum liability insurance of $25,000 per person for bodily injury, $50,000 per accident for bodily injury when two or more people are injured, and $25,000 for property damage (commonly referred to as 25/50/25 coverage). If you are hit by an uninsured driver, you may still have a claim if your own policy includes uninsured motorist (UM) coverage.
How do I choose the best personal injury lawyer in Birmingham?
When choosing a personal injury lawyer in Birmingham, consider their experience handling cases similar to yours, their track record of results, their knowledge of Alabama’s contributory negligence laws, whether they offer free consultations, and whether they work on a contingency fee basis so you do not pay unless they win. Local experience matters because familiarity with Jefferson County courts and local procedures can be an advantage in your case.