Alabama Personal Injury FAQs

If there is damage to either vehicle, call 911 and get a police report (even for a minor fender-bender). Stories change after a wreck; the officer’s report documents what happened while the evidence is fresh, and it often makes the difference in a disputed claim.

1. Call 911, tell them you were in a wreck and the location, and follow their directions. When the officer arrives and writes up a report, be sure to get the report number.
2. Photograph everything: vehicles, damage, positions, plates, the scene, and exchange information with the other driver.
3. Seek medical treatment the same day. Go to the ER, an urgent care clinic, or even a chiropractor. Even if you think you’re okay, some injuries don’t hurt until hours or days after a wreck, and a same-day medical record ties your injuries to the crash.
4. Talk to a personal injury lawyer before speaking with any insurance company (yours or the other driver’s). Insurance companies are protecting their own interests, not yours, and in Alabama a stray remark that sounds like an admission of partial fault can bar your recovery entirely under the contributory negligence rule. A lawyer can put your insurer on notice for you, so your policy’s prompt-notice requirement is met without you giving a statement.

As attorney David Greene put it on FOX10’s Studio 10: “You really need that report, because things change… a police officer actually looks at it and gives their opinion in that report. So many times that makes a huge difference in making a case.”

Yes! Pictures of the damage to your vehicle can help demonstrate the severity of your accident and might assist in making a determination of fault. Having this evidence on hand can be invaluable when insurance companies refuse to acknowledge the seriousness of your situation.

Yes. Photos taken at the scene are some of the strongest evidence in an accident claim. They document the severity of the crash and can help establish fault which matters enormously in Alabama, where a finding of even partial fault can bar recovery. If your injuries prevent you from taking photos, ask a passenger or witness to take them.

Contacting an attorney as early as possible can help get and keep your case on track. Our attorneys are experienced at handling car accident cases and knowledgeable about how various Alabama laws can affect your case. We are here to help you understand your options and protect your rights to recovery. Learn more about the questions you should ask a lawyer before hiring them.

Auto accident claims can be complex, and insurance companies are primarily focused on protecting their financial interests instead of helping you recover. Having a personal injury attorney in your corner can level the playing field and protect your rights to the full and fair compensation you deserve from the responsible parties.

Watch: Why Do I Need a Lawyer After a Car Accident in Alabama? – Judge Knows | Read: Why Hire a Personal Injury Attorney?

Yes. If someone else caused the crash and your doctor keeps you out of work, the wages you lose are recoverable in an Alabama injury claim, whether the injury is a broken bone or a severe soft-tissue injury. Lost income is one piece of what a claim is worth, alongside your medical bills, pain and suffering, and mental anguish, but it’s often the piece that creates the most immediate stress, since monthly bills don’t wait for a case to resolve.

Proving it comes down to documentation: pay stubs, W-2s, or a short letter from your employer confirming the days you missed and what you would have earned which is usually easy to get. Concrete proof (“I was out for a month; here’s the pay I lost”) is what the other side’s insurer has to account for.

Used PTO, vacation, and sick time count too. You earned that time, so it carries a dollar value even if you spent it instead of losing a paycheck, and that value can be calculated into your demand. Future missed work can also be included if your injuries will keep you off the job for more procedures or recovery later, that expected time can be built into the total, not just the days already behind you.

Watch: Can I Get Reimbursed for Missing Work After a Car Accident in Alabama? – Judge Knows  |  Read more: Can you recover lost wages after a car accident in Alabama?

 

Alabama follows a “pure contributory fault” doctrine, which may prevent you from recovering compensation if you are found to be partially negligent, even 1%. That said, you should still at least speak with an experienced auto accident attorney to assess your case and legal options. After having your case evaluated, you will know for sure whether or not you will be able to file a claim for damages.

Sometimes there are valid reasons for a claim denial. But oftentimes, insurance companies are simply looking for an excuse not to pay and assuming you won’t put up a fight. Since many of the reasons these companies use to deny claims can be countered, we recommend working with a competent attorney that will fight for the compensation you deserve.

Read more on valuable insurance coverage tips from attorney David Greene’s Studio 10 segment | Watch: Full Coverage Auto Insurance – Personal Injury Perspective

You are required to promptly notify your insurance company after an accident. Beyond that, you have no obligation to speak to someone else’s insurance company, and we recommend you do not.

To learn more, read as David Greene discusses statements to the other driver’s insurance company on WKRG News 5’s Judge Knows | Watch: Do You Have to Give a Statement to the Other Driver’s Insurance? | Judge Knows

 

A traumatic brain injury (TBI) can be life-altering for the accident victim and their loved ones. If an accident victim is incapacitated and unable to represent themselves during a lawsuit, a family member or other legal representative may be able to pursue damages on their behalf.

Read more: David Greene discusses Traumatic Brain Injuries on Fox 10’s Studio 10 | Watch: Traumatic Brain Injury After a Car Wreck: What Do You Need to Know? | Greene & Phillips

Ultimately, the insurance company of the at-fault driver should be responsible for paying your medical bills. In some cases, our office can work with medical providers to cover treatment on a lien basis until your case is resolved.

Watch: Who Pays Medical Bills After a Car Accident in Alabama? – Judge Knows

Read more about liens: Hospital Liens: What You Need to Know After an Accident

In Alabama, you generally have two years from the date of the accident to file a personal injury lawsuit (Ala. Code § 6-2-38). Miss that deadline and your case is forever barred, and you lose the right to recover, no matter how strong your claim is. Limited exceptions exist, such as claims involving minors, so never assume your time has run out without talking to a lawyer.

Don’t wait anywhere near two years, though. Skid marks wash away after a few hard rains, surveillance footage is often recorded over within weeks, vehicles get repaired or scrapped, and witnesses move or forget. And you don’t have to be finished with medical treatment to act. A lawsuit can be filed while you’re still treating. Talk to a personal injury lawyer soon after your accident. It doesn’t have to be Greene & Phillips, but call someone. Even if you suspect you’ve waited too long, contact us for a free assessment of your situation.

Watch: David Greene explains Alabama’s statute of limitations on FOX10’s Studio 10  |  Read more: Alabama’s statute of limitations for injury claims

No two car accidents are the same, so case values will vary. Certain circumstances can increase or lower the value of your accident claim, and this is not something you want to leave to chance.

Some of the factors that will impact the value of your case include the amount of your lost wages, medical expenses, and property damages, and the extent of your permanent injuries and pain and suffering. When you work with our law firm, we can give you a thorough assessment of your options.

Learn more on how a lawyer, like the team at Greene & Phillips, can help you recover the full compensation you’re entitled to here. | Watch: Should I accept the first settlement offer? – Know Your Case’s Worth

Once you have filed a claim, the insurance company will investigate and make its determination. After you complete your medical treatment, we will begin negotiating a fair settlement with the insurer. If we need to file a lawsuit to get the most positive result, we are prepared to do this.

Read: Attorney David Greene talks Behind the Scenes of a Personal Injury Case on Fox 10’s Studio 10 | Watch: Injury Cases Step by Step – Studio 10

That depends on the seriousness of your injuries and the insurance company. It could take anywhere from six to nine months to reach a settlement agreement. If we need to file a lawsuit, your case may not go to trial for another one to two years.

Learn more about the personal injury claims process and the factors that affect its timeline here. | Watch: Injury Cases Step by Step – Studio 10

 

Of course. In fact, most personal injury cases settle before going to trial, because it is generally in everyone’s best interests to do so. Even if we decide to file a lawsuit, your case can settle at any point before the court returns a verdict.

Read more on this topic from attorney David Greene’s Studio 10 interview. | Watch: 4 Lawsuit Misconceptions – Studio 10

 

According to the Alabama Guest Statute, you cannot make a claim against the driver of a vehicle in which you were a passenger, even if that driver was negligent. But there are some exceptions to this rule. If you are injured as a passenger, regardless of who is at fault, speak with a knowledgeable Alabama car accident lawyer about your rights.

Watch: How are passenger injury claims handled?- Judge Knows | Read: Passenger Injury Claims

If the responsible driver flees the scene of the crash, you will have to file a claim with your insurance company. You may be forced to pay out of pocket unless you have underinsured/uninsured motorist coverage. Let us review your claim for free to assess your case.

Read more: What Should You Do If You’re the Victim of a Hit-and-Run Accident in Alabama? | Watch: Do I Have a Claim After a Hit and Run? – Judge knows

An insurance company and their attorneys might try to use a pre-existing condition as an excuse to deny your claim or give you a low-ball settlement offer. If an insurer asks you to sign a medical release form giving them access to your medical history, we recommend that you not sign this and contact a qualified accident attorney to safeguard your rights.

At Greene & Phillips, we believe that access to quality legal representation should not be determined by your ability to pay upfront. That’s why we operate on a contingency fee basis, a payment structure designed to ensure that anyone who has been injured can pursue justice without the stress of immediate financial burdens.

How Does a Contingency Fee Work?

A contingency fee means that you don’t pay any attorney’s fees unless we win your case. Instead of charging an hourly rate or requiring a retainer, our payment is contingent upon achieving a successful outcome. If we recover compensation for you through a settlement or a verdict, our fee is taken as a percentage of that recovery.

Key Benefits of Contingency Fees

1. No Upfront Costs: You can hire experienced legal professionals without paying anything out of pocket.

2. Risk-Free Representation: If we don’t win your case, you owe us nothing for attorney’s fees.

3. Aligned Incentives: Our success is tied directly to your success, ensuring that we are motivated to maximize your recovery.

Navigating a personal injury case can be overwhelming, especially when you’re dealing with medical bills, lost wages, and the stress of recovery. At Greene & Phillips, we handle all the legal aspects of your case, so you can focus on healing.

Our contingency fee arrangement reflects our commitment to justice and fairness. We believe that no one should have to forgo legal help because they’re worried about costs. With decades of experience and a proven track record, we’re here to fight for the compensation you deserve.

Contact Us Today

If you’ve been injured due to someone else’s negligence, don’t wait to get the legal help you need. Call Greene & Phillips for a free consultation. Remember, you won’t pay anything unless we win your case. Let us take the burden off your shoulders and work to secure the justice and compensation you deserve.