Alabama Personal Injury Law and Statute of Limitations
Alabama gives you two years from the date of injury to file a personal injury lawsuit (AL Code § 6-2-38). That deadline is strict—if you miss it, you lose the right to sue forever. Do not delay: contact a lawyer within days or weeks of your injury, not months. Your attorney will send a demand letter to the at-fault party's insurance company well before the deadline.
Alabama follows pure comparative negligence, meaning that even if you are 90% at fault, you can still recover 10% of your damages. However, if you are found to be 100% at fault (the defendant bears zero responsibility), you recover nothing. The jury decides fault based on evidence presented at trial.
Alabama cap lawsuits at specific damage limits in some cases. Medical malpractice claims are capped at $500,000 in total damages (this cap has been litigated but remains in force). Product liability and other personal injury claims have no cap. Economic damages (medical bills, lost wages) are always recoverable in full.
Car Accidents and Insurance Claims in Alabama
Alabama requires minimum auto insurance coverage: $25,000 for bodily injury per person, $50,000 for total bodily injury per accident, and $25,000 for property damage. These minimums are very low; many accident victims are left with major medical bills unpaid. If you are hit by an uninsured or underinsured motorist, your own uninsured/underinsured motorist (UM/UIM) coverage comes into play. We work with your insurance company to maximize your recovery.
At the scene of an accident, photograph everything: vehicle damage, accident scene, road conditions, traffic signals, weather and vehicle positions. Get contact information from witnesses (phone numbers and addresses, not just names). File a police report and note the report number. Do not apologize, admit fault or speculate about injuries at the scene. These statements can be used against you later.
Do not accept a settlement offer from the insurance company without consulting an attorney. Adjusters are trained to undervalue claims, and once you sign a release, you waive all further claims. We negotiate with insurance companies to secure fair settlements that cover all medical treatment and lost income.
Medical Bills, Lost Wages and Pain and Suffering Damages
If you are injured in a car accident, you are entitled to compensation for: (1) past and future medical bills from the accident-related treatment, (2) lost wages during recovery and any reduction in earning capacity, (3) pain and suffering (physical pain, emotional distress, loss of enjoyment of life), and (4) property damage to your vehicle. The insurance company or jury determines the dollar amount for each category.
Economic damages (medical bills and lost wages) are straightforward: they are documented by medical records and pay stubs. Pain and suffering damages are more subjective. A jury or settlement negotiation might award $1,000–$5,000 per month of treatment, or it might be higher if there is permanent injury. Permanent injury (chronic pain, disability, disfigurement) increases the value of your claim significantly.
We handle medical lien disputes, where hospitals place a lien on your personal injury settlement to recoup unpaid medical bills. In many cases, we can negotiate the lien down to less than the full hospital bill, putting more money in your pocket.
Mobile Personal Injury Lawyer Fees & Costs
No fee unless we win your case. Contingency representation.
| Service | Price | Details |
|---|---|---|
| Initial consultation | Free | No obligation; we assess your case and options |
| Contingency fee (if we win) | 1/3 of recovery | Plus case costs (expert witnesses, filing fees) |
| Case costs (expert witnesses, depositions, court filing) | Advance; reimbursed from recovery | We cover costs; deducted from your settlement |
| Settlement negotiation | Included in contingency | We handle all communications with insurers |
| Trial preparation and representation | Included in contingency | If settlement fails, we take your case to trial |
| Medical lien negotiation | Included in contingency | We reduce hospital liens to maximize your recovery |
Free Personal Injury Consultation in Mobile
Car accident? Workplace injury? Medical malpractice? Get a free consultation. No fee unless we win.
Call for Free ConsultationFrequently Asked Questions
What is Alabama's statute of limitations for personal injury lawsuits?
Two years from the date of injury (AL Code § 6-2-38). This deadline is strict. Do not wait to contact a lawyer.
Do I have to go to trial or can we settle?
Most cases settle before trial. We negotiate with the insurance company for a fair settlement. If they refuse, we take your case to trial.
What if I was partly at fault for the accident?
Alabama's pure comparative negligence rule means you can recover even if you are partially at fault, as long as you are not 100% responsible.
How much will my personal injury case be worth?
It depends on medical bills, lost wages, and pain/suffering. We estimate value during the consultation and pursue the maximum recovery.
What are contingency fees?
You pay nothing up front. We take 1/3 of your recovery if we win (or 40% if the case goes to trial). Case costs are deducted separately.