Apr 1, 2021 | By Fob James, IV | Read Time: 5 minutes
Attorney Portrait Articles

What to Do After a Car Accident in Birmingham, AL

A car accident is a stressful ordeal. After your accident, you may be hurt, unable to work, and struggling with insurance companies. Trying to get the compensation you need while dealing with your injuries can feel overwhelming. However, you don’t have to fight the insurance company on your own. If you’re not sure what to do after a car accident in Alabama, a skilled accident attorney can help. At Fob James Law Firm, we help car accident victims pursue the compensation they deserve. Alabama Car Accident Checklist After an Alabama car accident, you should take action to improve your compensation potential. This Alabama car accident checklist provides important steps for what to do after a car accident: Activate your emergency flashers; Call 911 to request police and medical assistance; Do not leave the scene of the accident, but move to a safe place; Take photos of damage to the cars; Take photos of the scene surrounding the accident; Get the names and contact numbers of witnesses to the accident; Exchange driver license and insurance information with the other driver; Provide the police with your contact information, driver license, and insurance card; Seek medical treatment; File an SR-31 form at the Department of Public Safety within 30 days of the accident; and Request a copy of the accident report from the police department or online after the accident. By collecting photos, medical records, and the accident report, you have crucial evidence to support your accident claim. This evidence can prove to be far more valuable than conflicting word-of-mouth statements from drivers and witnesses. What to Consider When Speaking to the Insurance Company Soon after your accident, you should contact your insurance company and the other driver’s insurance company. Then an insurance company representative will likely contact you for a statement. Whenever you speak to an insurance company about the accident, show caution.  Speak Cautiously Be aware that these professionals sound kind and caring, but their job requires them to put insurance company profits first. That means that the insurer may ask you questions designed to trick you or get you to admit fault for the accident. Get Legal Advice   It’s best to speak to an accident attorney before talking to the insurer or giving a statement. You can object to giving a recorded statement, signing a medical release, or accepting a settlement until you speak to an attorney. How to Report the Car Accident After the car accident, you should call the police. When the police respond to the accident, they will create an accident report and should give you necessary forms to file.  File an SR-13 Form When they arrive at the accident scene, the police should give you an SR-13 form if needed. You should file an SR-13 form if the accident caused: Death;  Personal injury; or  Property damage of more than $250 to any one owner. You must file this form with the Department of Public Safety (DPS) within 30 days of your accident, even if you were not at fault. You can have your driver license suspended for failing to file this form, so make sure to submit it. If you don’t have all the information to complete the form, provide the details you know. Report to the Insurance Company You should also report the accident to your insurance company and the other driver’s insurance company. Insurance companies often limit the available reporting time for an accident, so contact them soon after your crash. Steps to Filing an Injury Claim If you were hurt in an Alabama car accident, you may need to file a personal injury claim to get appropriate compensation. File a personal injury claim by taking these steps. Seek Medical Attention  Immediately seek medical treatment for your injuries. Delaying treatment could not only lead to delayed healing, but it could also jeopardize your personal injury claim. That’s because an insurer might say that you were hurt after the accident or that your injury isn’t severe. Prompt evaluation gives you valuable medical reports to support your claim. Collect Accident Evidence  Accident evidence is crucial to supporting your personal injury claim and getting you fair compensation. Collect relevant accident evidence, including photographs, witness statements, medical reports, medical bills, and car repair receipts. When you hire an attorney, the law firm’s investigators will work with you to collect additional information that can boost your claim. How Hiring an Experienced Car Accident Attorney Can Help Some people try to negotiate with insurance companies on their own, but that’s usually not the best strategy. The insurance company might try to pay you less than you deserve. If you feel confused about what to do after a car accident, an experienced attorney can help. Negotiates with insurance companies A car accident attorney knows how insurance companies work, creating an even playing field for resolving your claim. A skilled attorney will pressure the insurance company to give you the money you need for accident damages. Works on contingency Most reputable car accident attorneys work on contingency, meaning you don’t have to come up with an upfront payment to hire the attorney. When the attorney settles or wins your case, you pay them out of your compensation. If the attorney loses your case, you pay nothing. Offers a free case review An attorney should also offer a free consultation, so you have the opportunity to meet them and ask questions before hiring them. At the consultation, ask the attorney about their experience with car accident cases and get details on their fee structure. Make sure to hire an attorney who seems trustworthy, knowledgeable, and skilled at communicating with clients. Attempt to Reach a Settlement Your attorney will calculate accident damages based on the evidence of your injuries. They will send this damages total to the insurer as a settlement request. Then your attorney and the insurer will negotiate to reach an acceptable settlement. You will have the final say in accepting or rejecting a settlement. Go to Trial If you cannot reach...

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Mar 2, 2021 | By Fob James, IV | Read Time: 2 minutes
Attorney Portrait Auto Accidents

Do I Need to Hire a Whiplash Injury Lawyer After a Car Accident?

Whiplash is one of the most common types of car accident injuries. Whiplash can be very painful, and you may have expensive medical bills. You might also have to miss work while you rest and recover. If you are considering filing a personal injury lawsuit against the driver who is responsible for your accident, hiring a whiplash lawyer can be a good idea. How Do I Know If I Have Whiplash? In a car accident, your body may experience sudden changes in direction or speed of motion. This is especially true if your vehicle was traveling at a high speed and either crashed or had to stop suddenly to avoid a collision. These sudden changes in motion can strain muscles like the ones in your neck. The resulting condition, called whiplash, usually causes pain and discomfort. If you are experiencing pain after a car accident, you should seek medical treatment as soon as possible. A doctor will be able to correctly diagnose your injuries and recommend effective treatment. In addition, if you later decide to consult a whiplash injury lawyer, having doctor’s records can help you build a stronger case. Should I Hire a Lawyer? In general, if you are thinking about filing a suit against the other driver who was involved in your car accident, you should consider hiring a whiplash attorney. Most lawsuits settle before the parties have to go to trial. However, just because you are unlikely to end up pleading your own case in front of a jury does not mean you do not need a lawyer. A good personal injury lawyer is familiar with the law in your state and how it applies to your case. They will know whether the facts of your situation and the available evidence create a strong case against the other driver. Knowing that you have a strong case will allow your lawyer to negotiate a higher settlement offer.  Dealing with Insurance Companies You may not want to file a lawsuit against the driver who was responsible for your accident. Or perhaps you were involved in a hit-and-run and do not know the identity of the other party. Whatever the reason, you might decide to file a claim with your insurance company instead of pursuing a lawsuit. Your insurance adjuster may try to reduce the amount of your claim to save the company money. It is important to remember that the adjuster works for the insurance company and not for you. Your adjuster might call you to get a statement about your injuries soon after the accident. You may not yet know the full extent of your injuries and medical expenses at this point, and any statement you give the adjuster is likely to underestimate your damages. The insurance company can then reduce the value of your claim based on your statement. A skilled whiplash lawyer will be aware of this and other insurance company tactics for trying to limit your settlement. Hiring a lawyer to negotiate with your insurance company means you are more likely to get the compensation you deserve. Call the Fob James Law Firm The whiplash lawyers at Fob James are ready to take your call. Our firm does not shy away from litigation, and we will negotiate aggressively to get you the maximum possible settlement. We combine first-rate representation with unparalleled client service by managing our caseload so we can focus on you. If you sustained whiplash injuries in a car accident, call our office today.

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Jan 26, 2021 | By Fob James, IV | Read Time: 2 minutes
Attorney Portrait Auto Accidents

How to File a Diminished Value Claim in Alabama

It’s no secret your car loses value the longer you drive it. Unfortunately, after a car accident, your vehicle will be worth even less than usual. If your vehicle sustained damages after a collision, you may be able to file a diminished value claim to recover compensation. Please don’t hesitate to give us a call at (205) 407-6009 or send us a message for help. What Is a Diminished Value Claim in Alabama? A diminished value claim allows you to collect damages for your vehicle if it was damaged and its value has decreased. There are three types of diminished value: Immediate: the difference in your vehicle’s value before the accident and after the repairs; Inherent: the most common type, pertaining to the loss of value simply due to the collision; and Repair-related: the value lost from poor repair work following a car accident. When it comes time to trade in or sell your vehicle, it is likely to be challenging. Nowadays, it’s impossible to hide a car’s previous history. Your auto accident will undoubtedly be revealed, along with the repairs, and the vehicle will be worth much less. Even if the car is perfectly repaired and looks like new, the fact that it was involved in a collision remains.  How to File a Diminished Value Claim in Alabama Alabama is one of few states that allow drivers to file diminished value claims. The statute of limitations for diminished value claims in Alabama is six years from the date of the accident. Diminished value claims are brought against the at-fault driver or their insurance company. You may file a diminished value claim in Alabama unless: You were at fault for the accident; The damage was due to something other than the auto collision; or You are an uninsured motorist.  An attorney can help you file your diminished value claim. They will contact the at-fault party and their insurance company, as well as calculate your vehicle’s value. Your attorney may consult with outside parties to accurately calculate the diminished value. After the at-fault party’s insurance company reviews your diminished value claim in Alabama, they will either deny the claim or offer a low settlement. In either situation, your attorney can communicate back and forth with the insurance company to reach a favorable outcome. Need help with your claim? Reach out to Fob James to help with your diminished claim in Alabama Contact Us Today How to Prove Diminished Value Proving the diminished value of your vehicle can be challenging. You can consult various resources to try to come up with a calculation, but every situation is different. Many factors go into proving diminished value, including: The accident itself; The damage your vehicle sustained; How old the car is; The make and model; and The current market. It is best to consult with an attorney to help prove the diminished value of your vehicle.  Contact an Alabama Car Accident Attorney Navigating a diminished value claim on your own can be quite the task. There is plenty that goes into these claims, but an Alabama car accident lawyer will know best how to handle it. They can help calculate the value of your diminished value claim and communicate with the insurance company to help reach just compensation. The Fob James Law Firm has over 40 years of experience helping clients after auto collisions. We have the knowledge and expertise to help you attain a favorable outcome. Contact us online or call our firm at (205) 407-6009 today, and let’s discuss your case. 

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Jan 5, 2021 | By Fob James, IV | Read Time: 3 minutes
Articles

Why Hiring an Attorney for an Allstate Accident Claim is Important

Filing an auto insurance claim can be a daunting experience. When the accident involves an Allstate insured, the claims process may become even more challenging. Allstate is often ranked as one of the worst insurance companies in the country. In fact, researchers at the American Association for Justice rank Allstate as the absolute worst. Allstate accident insurance claims adjusters are notorious for denying and undervaluing claims. Your best chance of getting a fair settlement is to hire an Alabama auto accident lawyer who can protect your rights. Pursuing Allstate Car Accident Claims Allstate has been in business for nearly 100 years. Its primary mission is to earn returns for its shareholders. However, that mission comes at the expense of Allstate policyholders. While promoting a “good hands’ approach to the public, the American Association for Justice says Allstate routinely uses a “boxing gloves” approach with its own policyholders. It’s also widely known that Allstate values claims using software called Colossus. This software was the subject of a multi-state lawsuit against Allstate for mishandling claims. Programs such as Colossus can be easily manipulated to lowball victims. The system may routinely place a percentage of fault on you when there is none. The system even looks at information such as whether an attorney represents you, yet it doesn’t take into consideration factors such as your pain, stress, inconvenience, loss of enjoyment of life, etc. With Allstate insurance accident claims routinely denied or undervalued, it’s crucial that you don’t let yourself get taken advantage of or treated unfairly. Your claim value should be unchanged no matter what insurance company the at-fault driver has. Having a skilled Alabama car accident lawyer on your side is essential. How an Alabama Car Accident Lawyer Can Help When it comes to Allstate accident claims, retaining an experienced attorney is the best way to go. At the Fob James Law Firm, we routinely deal with Allstate adjusters, so we know what to expect. We will preserve and gather all evidence to support your claim. We will request records, speak with witnesses, conduct a scene investigation, and more. It may be necessary to retain industry experts such as an accident reconstructionist who can confirm the accident occurred as you stated. This report or testimony may be needed when Allstate tries to attribute fault to you wrongfully. We may also retain a medical doctor who will review your records and determine whether your injuries are consistent with the type of accident and follow an appropriate treatment regimen. This information may be critical with what Allstate deems as a low-impact accident. Allstate will aggressively argue against paying out claims in a collision where there is not much physical damage to the vehicles. The adjuster will say that a mild concussion, whiplash, and other soft tissue injuries are subjective and you can’t prove them in court. But our attorneys have experience combating these tactics. Contact Our Alabama Car Accident Lawyers Today The best way to protect your rights and maximize your accident claim is to hire an attorney. Insurance companies cannot take advantage of your inexperience with the claims process when you have a legal advocate on your side. At the Fob James Law Firm, we have four decades of experience helping Alabama clients get the compensation they deserve after a car accident. Let us put our skills and expertise with Allstate accident insurance claims to work for you. Contact our office today to learn more about how we can help.

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Dec 3, 2020 | By Fob James, IV | Read Time: 2 minutes
Auto Accidents

What Questions Should I Ask an Attorney for a Birmingham Car Accident?

Before meeting with an attorney after a car accident in Birmingham, AL, you need to prepare a list of questions. Being organized for your initial consultation will help you better understand what you can expect as your case progresses. If you meet with multiple Birmingham car accident attorneys, you can ask each firm the same questions. Their answers can help you narrow down which lawyer is right for you. The attorney you hire is someone you will be working with regularly. You need to choose someone you can trust and who makes you feel comfortable. At Fob James Law Firm, we understand the importance of finding the right attorney for your case. That is one reason we handle fewer cases than other firms—we want to give each client’s case the attention it deserves. To help you prepare for your upcoming meeting, we’ve prepared a list of questions to ask when you meet with a prospective attorney. What Area of Law Do You Primarily Practice? You want to find out what this attorney’s specialty area is. If you are looking for an attorney to handle your claim for a car accident in Birmingham, Alabama, you don’t want to choose a lawyer who primarily focuses on medical malpractice cases. What Are Your Billing Rates? Most Birmingham car accident lawyers work on a contingency basis, which means you don’t pay hourly rates. Instead, your attorney will take a percentage of your case when it settles or after a jury award. While it’s very likely this attorney works on contingency; you need to know for sure. You do not want to assume only to find out that you will be billed monthly. Have You Handled Similar Cases to Mine? What Was the Outcome? You want to know what the attorney’s experience is with cases like yours. This answer is significant if your case involves unique circumstances or severe injuries. If your case has multiple defendants and catastrophic injuries, you don’t want an attorney who has tried only soft tissue injury cases in court. What Types of Compensation Can I Get for My Accident in Birmingham, AL? When the attorney has looked over your case, you should determine what types of compensation you might be eligible to receive. Some victims do not have realistic expectations or understand what compensation they are entitled to in their case. How Long Will It Take for My Case to Resolve? Once the attorney has had the chance to review everything, you should ask how long they expect your case to resolve. Circumstances in your case may suggest that your case will take a lot longer to resolve than you expected. While an attorney cannot tell you definitively when your case will settle, they can give you a rough estimate based on the information presented.  Contact a Birmingham Car Accident Lawyer If you suffered injuries from a car accident in Birmingham, Alabama, let the skilled legal team at Fob James Law Firm protect your rights and fight for the compensation you are entitled to receive. We will work tirelessly to obtain a top-dollar settlement for you. Contact our office today to schedule an initial consultation.

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Oct 8, 2020 | By Fob James, IV | Read Time: 2 minutes
Attorney Portrait Accident Reports

How To Get a Copy of Your Montgomery Accident Report

After a car crash, police will likely arrive soon. They will proceed to write an accident report, adding as much detail as possible. Your Montgomery, Alabama car accident report can play a significant role in your claim. Fortunately, there are multiple ways to acquire one. Our experienced Alabama auto accident attorneys will review your options. Where to Find Your Car Accident Report in Montgomery, AL You may obtain a Montgomery, Alabama accident report in two ways: through the Alabama Law Enforcement Agency or directly through the police department. Alabama Law Enforcement Agency If going through the Alabama Law Enforcement Agency, there are three ways to get a copy of your car accident report: By mail, filling out a Crash Report Request Form; By phone, calling (334) 242-4241; In-person, at a Driver License Reinstatement Office. Copies of crash reports cost $15 each. If you pay by credit card you will also be charged a credit card processing fee. Montgomery, Alabama Police Department If going through the Montgomery Police Department, there are two ways to get a copy of your crash report: In-person: Request your Montgomery, AL accident report at the police department; or By mail: Mail in a money order, certified check, or company check and include a self-addressed, stamped envelope or email address to receive the Montgomery accident report. Accident reports obtained through the police department are $5. What Information Is Included In the Alabama Accident Report? Police officers will do their best to get as much information into the crash report as possible. Standard information you can find in your accident report includes: Date; Time; Location; Driver information; Description of the accident and injuries; Weather conditions at the time of the accident; Photos of the scene and vehicles; and Information regarding any tickets issued at the scene. Car accident reports can be very beneficial to your claim, as they provide an abundance of information about the crash. Injured in an accident? Fill out the free and confidential form and we will work on getting a copy of the accident report Request Your Accident Report Here How an Attorney Can Help A car accident attorney will work hard to get you the compensation you deserve after a car accident, and a crash report can be extremely helpful. Your attorney will likely request a copy of the accident report as part of their thorough investigation. They will also use this information when negotiating with the insurance company. Insurance companies are synonymous with doing everything possible to limit liability, but an accident report is a neutral and unbiased document your attorney will use to prove the other driver’s liability.  The team at Fob James Law Firm has over 40 years of experience helping car accident victims fight for their rights and just compensation. We understand the stresses and frustrations that come after a car accident, so we strive to provide kindness and compassion when you need it most. Our team takes on fewer cases to provide our clients with the highest quality legal representation. We offer free case reviews. Contact us today or call our firm at (205) 407-6009, and let’s discuss your claim. 

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Oct 6, 2020 | By Fob James, IV | Read Time: 2 minutes
Attorney Portrait Auto Accidents

How to Get a Copy of Your Tuscaloosa Accident Report

If you were involved in a motor vehicle collision in Tuscaloosa, you might be considering filing a legal claim with the other driver’s insurance company. In most cases, you will need a copy of your accident report to get the process started. After a motor vehicle collision, the police officer reporting to the scene will complete and file an Alabama Uniform Traffic Crash Report form. This form contains a variety of valuable information that will be required for pursuing a legal claim or lawsuit. You can obtain Tuscaloosa car accident reports in a few different ways, some of which are easier than others. How to Get a Copy of an Accident Report in Tuscaloosa, Alabama Although you can file a Tuscaloosa police report online, the police department does not provide a direct way to obtain a copy of a report electronically. Instead, their website directs you to the LexisNexis police report site. This site allows you to search police and accident reports and obtain copies. You must have been involved in the accident to review or obtain a report. You also need to have the report number. You can also call the police department’s non-emergency number, (205) 349-2121, and arrange to obtain a copy of your report or request one in writing through the mail. Where Is the Tuscaloosa Police Department? The Tuscaloosa Police Department is physically located at 2501 Hargrove Rd E. Tuscaloosa, AL 35405. Their phone number is (205) 349-2121, and their email address is police@tuscaloosa.com. Within the city limits, you can also use Tuscaloosa’s assistance line by dialing 311. Need help with getting a copy of the accident report? If you need help with getting your Tuscaloosa accident report, reach out to us today! Request Your Accident Report Are There Any Other Ways to Get a Police Report in Tuscaloosa, AL? Another option for obtaining Tuscaloosa accident reports is through the Alabama Law Enforcement Agency (ALEA). They offer an alternative option for you to order a Tuscaloosa accident report online. For both the LexisNexis site and ALEA, you must use a major credit card to complete the order. How Much Does a Tuscaloosa Accident Report Cost? If you obtain your report from the LexisNexis database, the cost is typically $10 per report, although this fee is subject to change at any time. If you obtain your report via the ALEA website, the cost is $17.00. Contact the Tuscaloosa Police Department for information on how much it will cost to obtain a copy of your report directly from their records office. Contact an Alabama Car Accident Lawyer for Help with a Tuscaloosa Accident Report The easiest way to get your police report is to contact an Alabama car accident attorney. Your attorney will gather all the evidence necessary to build a persuasive case on your behalf, including the accident report. At the Fob James Law Firm, our Alabama car accident lawyers work diligently to build your case and negotiate a settlement with the at-fault party’s insurance company. If necessary, our experienced litigators will file a civil lawsuit and fight to get you justice in court. You could be entitled to recover compensation for your medical treatment, lost income, pain and suffering, and more.

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Sep 30, 2020 | By Fob James, IV | Read Time: 3 minutes
Attorney Portrait Auto Accidents

5 Things Insurance Companies Don’t Want You to Know After a Car Accident

After a car accident, there’s a good chance that you will have to deal with an insurance company. In theory, insurance provides you with an avenue for recovery after your accident. Frequently, you must work with an insurance company to get the compensation you will need to recover the costs of property damage, injuries, etc. Unfortunately, however, actually recovering that compensation is often easier said than done.  While we wish it weren’t the case, insurance companies often try to make the claims process as difficult as possible. But the car accident attorneys at the Fob James Law Firm want to help.  By educating yourself on the type of information that insurance companies don’t want you to know, you can increase your chances of maximizing your recovery.  The Insurance Company Is Not Your Friend Knowing what insurance companies don’t want you to know is the first step to getting the compensation you need and deserve after your car accident. One of the first things you should know is that the insurance company is not your friend.  It’s true that insurance companies will pay out claims to compensate parties after an accident. However, an insurance company is, above all else, a business, and its primary purpose is to make money. Thus, it is important to keep in mind that the insurance company does not always have your best interests at heart. You Don’t Have to Accept the First Offer the Insurance Company Gives You Another thing insurance companies don’t want you to know is that you never have to accept their first offer. In fact, you are under no obligation to accept any offer whatsoever.  Insurance companies are businesses. This means they will do nearly anything to pay out as little as possible to satisfy the claim. Insurers will not hesitate to push an undervalued settlement offer if it helps their bottom line.  A lump-sum settlement offer of any amount may seem appealing at first glance. However, don’t feel pressured to accept the first offer you receive. In fact, you are likely entitled to more compensation than a first offer would provide. The insurance company’s goal is to settle your case before you seek treatment and before the extent of your medical injuries are even known. This is because the value of your case often increases after you receive treatment and have a better understanding of the scope of your injuries.  If you receive an offer to settle from an insurance company, contact an attorney today. They can work with you to discuss your case and help you protect your right to recover the compensation you deserve.  You Can Get Another Examination After Your “Adverse Exam” Sometimes, an insurance company will require you to be examined by a doctor before they will pay out any benefits. This is known as an “adverse exam,” because the exam will be with a doctor of the insurer’s choosing. You will have no say in selecting the provider.  You may not be able to refuse the exam without risking denial of your claim entirely. However, you can get a second exam, by a doctor of your choosing, after your adverse exam. After having an independent examination from a different medical professional, you can use those results to ensure that you have an unbiased medical opinion.  You May Be Entitled to More Than Just Compensation for Property Damage Insurers don’t want you to know that, in addition to compensation for property damage,you can also receive compensation for injuries sustained in the accident. If an insurer tries to pay out only for property damage expenses, know that you may be entitled to more, including lost wages, pain and suffering, mental anguish, and cost of medical treatment. If you sustain physical injuries or incur expenses related to medical care and treatment, contact an attorney today. An experienced car accident lawyer can help you determine the full amount you could be entitled to recover.  An Attorney Can Help You Fight to Maximize Your Claim Knowing what insurance companies don’t want you to know is extremely important to the success of your claim. The main thing insurers don’t want you to know is that you might get better results by hiring an attorney to help you with your case.  In an insurance company’s ideal world, you would not be represented by an attorney. That’s because having an attorney level the playing field between you and the insurance company. For many injury accident victims, an experienced attorney provides you with the best opportunity for recovering fair compensation.  An experienced car accident attorney can help you gather evidence to help prove your case, negotiate with the insurance company, and take your case to trial, if  necessary.  At the Fob James Law Firm, we know how complicated and frustrating it can be to deal with an insurance company, especially in the aftermath of your car accident. We want you to know that you don’t have to go through this process alone.  Our team of personal injury attorneys has helped countless accident victims recover compensation, and we are ready to help you too. Contact us today online or by phone at (205) 407-6009 for your free consultation to discuss your case and see what we can do for you. 

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Jul 28, 2020 | By Fob James, IV | Read Time: 3 minutes
Attorney Portrait Auto Accidents

Statute of Limitations for Car Accident Cases in Birmingham

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.

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Jun 11, 2020 | By Fob James, IV | Read Time: 2 minutes
Attorney Portrait Articles

How to Determine Fault in a Car Accident in Birmingham

After a car accident, you may experience many worries and have plenty to do. Unless it’s obvious, one of the most important things you are left to do is determine who was at fault in the accident. You’ll seek medical treatment, deal with the insurance companies, and possibly face various expenses. Determining who is at fault in a car accident can make all the difference in your case. How Is Fault Determined in a Car Accident? It is not always evident who is the at-fault party in a car accident. It may require an investigation to determine who was truly at fault. At the scene of the accident, police officers will make their preliminary investigation to determine the primary collision factor. They will then use all information collected for their police report. Aside from the police report, your attorney can use various tools to help determine fault. These include: Photos and evidence from the scene of the accident; Surveillance camera footage; and Eyewitness statements Determining who is at fault is crucial when filing a claim and attempting to receive compensation for your injuries.  Can You Share Fault in an Accident? Yes, you can share fault in an accident. Alabama operates under a contributory negligence standard. This means that if a party is at fault—even if they slightly contributed to the accident—they cannot claim damages.   For example, if you hit a pedestrian crossing the street, you may initially be deemed the at-fault party. But if the pedestrian was distracted on their phone while attempting to cross the street and did not have the right of way, they would be assigned contributory negligence. Therefore, you would not have to pay damages. After a car accident, the other party may claim a shared fault to avoid paying damages. An attorney can help you with this.  Injured in an accident? We can help with a free-case analysis Begin Free Case Review Here What Is Minor Fault? Insurance companies will go to great lengths to avoid paying an injured party. Many times they will try to assign minor fault. As previously stated, because Alabama is a contributory negligence state, even the slightest contribution to the accident could mean zero compensation. If this occurs, you must contact a car accident attorney. An experienced attorney will know how to handle your case best and fight against the insurance company. Contact an Alabama Car Accident Attorney After a car accident, an attorney is your best ally. Determining fault can be challenging and involved, but an experienced car accident attorney knows how to handle this material aspect of your case.  Fob James Law Firm has over 40 years of experience, offering clients the absolute best service. We are dedicated to helping clients injured in car accidents obtain just compensation and the best possible outcomes. Contact us today, and let’s see how we can help you.

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