Call Today For a Free Consultation: 251-433-6699

personal injury

Statute of Limitations for Personal Injury Cases

by

If you want to pursue legal action after a personal injury accident, you’ll need to do so within the statute of limitations. This is a legal deadline for filing lawsuits. It ensures that parties take legal action within a reasonable timeframe after an accident while evidence is fresh. 

Understanding the statute of limitations for personal injury in Alabama can help protect your right to compensation. An experienced personal injury attorney in Mobile, AL, can help you adhere to all relevant deadlines and keep your case on track. 

Why Are Statutes of Limitations in Place? 

Why does the government place a deadline on the amount of time you have to take legal action? You may initially see the statute of limitations for personal injury as unfair or unnecessary. Yet many benefits arise from the statutes of limitations that make this rule necessary for the majority of legal cases, including the following:

  • Protects defendants against unfair legal action: Placing a deadline on legal action prevents plaintiffs from taking unfair or unreasonable action against defendants when they may no longer have access to the evidence or resources necessary to defend themselves. 
  • Ensures that lawsuits happen while evidence is fresh: Taking legal action while evidence is still readily available makes the process easier for all parties involved. The longer you wait, the less evidence you will have to directly tie the defendant’s actions to your accident and injuries. 
  • Promotes prompt action: The aftermath of a personal injury accident can be burdensome, and you may feel tempted to delay the legal process as long as possible or until you are “ready.” The statute of limitations for personal injury helps encourage plaintiffs to take prompt legal action instead of continually delaying the process. 
  • Creates closure: The filing deadline helps create closure for all parties involved. The defendant won’t have to wonder whether you will take legal action years down the road, and you won’t have to ask “What if?” about pursuing compensation in the future. 

What Is the Statute of Limitations for Personal Injury in Alabama? 

Each state sets its own statute of limitations for different types of personal injury cases. In Alabama, the statute of limitations is generally two years from the date of injury. This applies to all of the following types of cases:

  • Car accidents
  • Slip-and-fall accidents
  • Premises liability incidents
  • Medical malpractice incidents
  • Product liability cases
  • Wrongful death 

Meanwhile, the statute of limitations for those under a contract is, in a number of situations, six years. 

The clock typically starts ticking for the statute of limitations on the day the injury happened. 

If this legal timeframe has already passed, talk to an experienced personal injury attorney about your options. 

What Do You Have To Do Before the Statute of Limitations Deadline? 

The statute of limitations is essentially a filing deadline. You do not have to complete your legal case within two years of the accident date; instead, you simply need to file your lawsuit by this deadline. 

A skilled personal injury attorney can walk you through these steps and ensure you adhere to the statute of limitations for personal injury. 

Exceptions to the Statute of Limitations 

If the two-year deadline has already passed since your personal injury accident, explore the possibility of meeting one of Alabama’s exceptions to this rule. A few instances may allow you to extend the statute of limitations, depending on the case, such as: 

  • Legal disability: Under Alabama law, if you were experiencing “legal disability” for any period after the accident, the clock may not start ticking until you were declared mentally sound. 
  • Underaged: If you were under the age of 19 when the accident happened, you may have until two years after your 19th birthday to file negligence claims. 

What If You Don’t Qualify for Any Exceptions to the Statute of Limitations? 

Alabama’s statutes of limitations are strict, and few exceptions exist to this deadline. If two years have passed since your accident and you don’t qualify for any exceptions, it may still be worth reaching out to a personal injury attorney for guidance on your next steps. They may be able to verify whether you still may be eligible for compensation. 

If two years have not yet passed since your accident, schedule a case evaluation with a qualified Alabama attorney as soon as possible. They can review your personal injury accident and advise you on your potential case outcomes from a lawsuit. If they believe you have a solid case, you can file your lawsuit and avoid missing the deadline. 

Jackson & Foster Law: Experienced Personal Injury Attorneys in Mobile, AL

Adhering to the statute of limitations for personal injury is an important step in seeking compensation after an accident. Hiring a qualified attorney is another. 

At Jackson & Foster Law, we skillfully represent accident victims across the greater Mobile, AL, area. We can help you seek comprehensive damages to cover your medical bills, property damage, pain and suffering, and more. 

We offer affordable legal assistance with low fees, backed by nearly 40 years of experience as practicing trial lawyers. Contact us today at 251-433-6699 to schedule a case evaluation.

What Happens If a Minor Crashes a Car?

by

Teens who only recently acquired a driver’s license often cause car crashes in Alabama. Inexperience, lack of judgment, and various distractions lead to many accidents involving minors, from fender benders to fatal collisions.

When a teen driver hits you, you may ask what happens if a minor crashes a car. Who should cover your losses, and can you hold the teen’s parents accountable?

If you’re involved in an accident with an underage driver, consult an experienced car accident lawyer in Mobile, AL. A competent attorney will help you understand who’s responsible for the damage you suffered and what compensation you may expect.

Why Are Teens Such High-Risk Drivers?

According to the Foundation for Traffic Safety, teen drivers end up in more car crashes than any other age group. One reason for this is inexperience. Unlike a seasoned driver, who usually has a track record of handling many tricky situations on the road, a newbie motorist is more likely to misread cues from other drivers or lose control of the vehicle in bad road conditions.

Teens also tend to be less careful, have less foresight, and take more risks than adults. Without proper car safety training, teens often engage in dangerous driving behaviors like speeding, tailgating, or disregarding right of way. Underage drinking is another issue that can cause catastrophic accidents.

Finally, teens are typically inseparable from their mobile phones. Texting or checking social media behind the wheel leads to many accident cases involving underage drivers. 

Who’s Responsible for the Damage a Teen Driver Causes?

Like all motorists in Alabama, teen drivers must have proper insurance coverage. Parents can add the teen to their auto insurance policy or purchase separate coverage for the minor. The mandatory liability insurance in Alabama is $25,000 for injury or death per person per accident, $50,000 for accidents with multiple victims, and $25,000 for property damage. 

An accident claim after a collision with a teen driver works like any personal injury claim. The at-fault driver’s insurance provider would be responsible for compensating you. As with any accident case, you must prove liability, document your accident-related losses, and file a claim. 

What If a Teen Driver Doesn’t Carry Enough Insurance?

You may also ask what happens if a minor crashes a car and their insurance isn’t enough to cover all your losses. If the teen driver only carries the minimum liability insurance, your medical costs and lost wages can easily outstrip their coverage. This is especially true when you sustain serious injuries or are one of several victims.

Some teens also drive without insurance, even though it’s illegal. 

In this case, your uninsured/underinsured motorist (UIM) coverage may step in. UIM coverage usually pays for medical costs and damage to your vehicle up to your policy’s cap. 

Proving Liability in Collisions With Teen Drivers

Since Alabama is an at-fault state for car accident claims, the teen driver’s insurance company typically will only pay you if you prove the teen was acting negligently. For example, maybe the underage driver was speeding or handling their phone when they rear-ended your car. 

You could lean on different types of evidence to prove a teen driver’s reckless or negligent behavior. The police report, medical records, photos and videos of the accident scene, and witness statements can all be useful.

Do You Need a Lawyer for a Teen Driver Collision Case?

Many people ask, “Can’t I handle my own insurance claim?” after a car accident. 

You could take care of your own claim if you walked away with a few minor bruises and a busted headlight. Otherwise, we strongly recommend working with a car accident lawyer.

Skilled legal help is crucial in Alabama, which is one of the few contributory negligence states. Under the contributory negligence doctrine, you’ll usually be unable to claim damages even if you’re only 1% responsible for the accident and the other side is 99% at fault.

Claiming that you’re partly at fault is an often-used tactic of insurance companies who want to avoid paying victims. You need a skilled lawyer to protect your rights. Since car accident lawyers typically handle cases on a contingency basis, you’d only pay the attorney fee when you collect your settlement.

Call Jackson & Foster If an Underage Driver Hit Your Car

Did a teen driver hit your car? Call us at Jackson & Foster. Our lawyers can explain what happens if a minor crashes a car and analyze liability in a car accident. We’ll also calculate your eligible losses and explore all legal options in pursuit of the highest possible settlement. 

Call 251-433-6699 or contact us online for a free consultation.

Do You Have To Talk to Insurance Investigators After a Car Accident in Mobile, AL?

by

After you’re involved in a car accident, it typically won’t take long for the other party’s insurance adjuster to start calling you for details. How you respond to these phone calls can make or break your accident claim. So, do you have to talk to insurance investigators after car accidents in Mobile, AL?

At Jackson & Foster, your go-to car accident lawyer in Mobile, AL, we want to teach you how to develop a strong case so you’re prepared in the event of a wreck. Below, we discuss everything you need to know about communicating with insurance adjusters after a car accident. 

Parties You’re Legally Obligated To Cooperate With After an Accident in Mobile, AL

Immediately after the car accident, you’ll need to cooperate with a few parties. At a minimum, Mobile, AL, requires you to communicate with the following:

  • Law enforcement: You must comply with any law officers on the scene by providing your driver’s license, registration, and insurance card. The officer may ask you a few questions to fill out their report, and you should answer honestly. 
  • Your insurance company: You must notify your personal car insurer about any accident that could trigger coverage, such as wrecks causing property damage or injuries. Insurers typically require you to file the claim within a reasonable timeframe. 

Am I Legally Obligated To Talk to the Other Driver’s Insurance Adjusters After Car Accidents?

So, you’re required to cooperate with the police officers and your own insurance organization, but do you have to talk to insurance investigators representing the other driver? 

No, regardless of the accident you’ve been in or the details of your situation, you do not have to speak with the other party’s insurance adjusters. At a minimum, providing them with a few details, like your name, address, and phone number, can keep your case moving, but you do not have to reveal much beyond that. 

Many insurance investigators may want you to admit fault, especially when they know their client is liable for the accident. They may call you in a friendly way, asking how you’re doing and other similar questions to catch you off guard. Revealing any seemingly innocent details can accidentally cause you to assume liability. 

How Should I Speak to the Other Party’s Insurers?

You’re not legally obligated to answer their insurer questions, but that doesn’t mean they won’t try to pry you for details. So, when an adjuster calls you, how should you answer the questions?

You can firmly tell the representative any of the following where appropriate:

  • I’m sorry, I can’t talk right now.
  • I am not going to discuss the specifics of my accident without consulting my attorney.
  • I am still receiving medical treatment for my injuries, so I am not ready to disclose any information.
  • I do not want to sign anything or discuss any settlements without speaking to my lawyer.
  • I am working with a personal injury attorney to discuss my options.

The insurer could ask something as simple as, “How are you feeling?” Answering this question by saying that you feel OK could underplay your injuries. Be careful when formulating your responses, and remember that you can always divert back to something like, “I am unsure until I’ve spoken with my doctor or attorney.”

Can Insurance Adjusters Require You To Provide Recorded Statements?

The main thing an insurance adjuster wants from you is a written statement proving you were partially or fully liable for the accident. Luckily, adjusters for an adverse driver typically cannot require you to provide written statements, so you should avoid doing so at all costs unless your attorney advises. 

Adjusters know all the facts about car crashes and may use them to undermine your claim. They may make statements that they encourage you to agree with just to make you potentially assume liability. For example, they could ask you the following:

  • When did you first notice the vehicle that hit you?
  • Which vehicle had the last opportunity to avoid the crash?
  • How long was the traffic signal yellow?
  • Were you listening to music or looking at your smartphone?
  • Was there anything distracting in the street?
  • What was the weather like?

You want to avoid contradicting anything you said in the written police statement or your insurance claim. 

Tips for Handling Insurance Adjusters 

Handling calls from insurance adjusters isn’t easy. In many cases, hiring an attorney as soon as possible may be help your case, as a personal injury attorney will be able to answer calls on your behalf moving forward and represent your legal interests.

Let Your Attorney Do the Talking

So, do you have to talk to insurance investigators for adverse drivers? In many cases, the answer is no, and doing so without care can impact your ability to seek compensation for lost wages, medical bills, and other losses. 

If you’ve been injured in a wreck, let your attorney handle the insurance conversations for you. Call Jackson & Foster in Mobile, AL, today at (251) 433-6699 to schedule a consultation.