How Personal Injury Lawsuits Work in Alabama

Personal injury lawsuits in Alabama follow a legal process with many steps and requirements says Caldwell Wenzel & Asthana

MOBILE, Ala., Sept. 28, 2023 /PRNewswire/ -- The first and most crucial step after sustaining an injury in Alabama is to seek immediate medical attention. Your health and well-being should be your top priority.

Then, consider consulting a personal injury attorney. Most personal injury lawyers offer free initial consultations to assess the merits of your case and determine whether it is worth pursuing.

If you decide to move forward with the lawsuit, your attorney will conduct a thorough investigation into the accident or incident that caused your injury. This investigation may involve gathering evidence, interviewing witnesses, reviewing medical records, and assessing the extent of your damages.

If your attorney believes you have a valid claim, they will file a formal complaint in the appropriate Alabama court. The complaint outlines the details of the incident, the defendant's alleged negligence, and the damages you seek.

The defendant will be served with a copy of the complaint and a summons, notifying them of the lawsuit and their need to respond. They may file an answer, admitting or denying the allegations, and potentially raising affirmative defenses.

Both parties engage in the discovery process, where they exchange information and evidence related to the case. This may involve written questions (interrogatories), requests for documents, depositions, and more.

Before the trial, either party can file pre-trial motions to address various legal issues or request a judgment in their favor without going to trial.

Many personal injury cases settle out of court through negotiations between the parties' attorneys and insurance companies. If a fair settlement is reached, the case will conclude without going to trial.

If a settlement cannot be reached, the case will proceed to trial. During the trial, both sides present their evidence, and a judge or jury will determine liability and the amount of compensation (damages) you are entitled to receive.

If either party is dissatisfied with the trial's outcome, they may have the option to file an appeal to a higher court.

"Alabama operates under a 'contributory negligence' system. This means that if a plaintiff is found to be even slightly responsible for the accident, they may be barred from recovering compensation," says Attorney C. Randall Caldwell.

About Caldwell Wenzel & Asthana Injury Lawyers

Caldwell Wenzel & Asthana, PC is comprised of fierce trial attorneys who are known for providing aggressive and effective representation in many areas of the law. Our team focuses on representing clients in the areas of personal injury, wrongful death, estate disputes, and other civil litigation matters. When you need a strong group of legal advocates to fight for your rights, we are here for you. For more info, call (251) 444-7000.

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SOURCE Caldwell Wenzel & Asthana