After an accident, it’s common to file an insurance claim against the other driver’s policy. It’s less common to take the matter to court. However, some cases raise difficult issues regarding fault or contributory negligence, the seriousness of the injuries, policy coverage, and more. In these situations, filing a personal injury lawsuit is necessary.
If you’ve never filed a lawsuit, it’s normal to have questions. This article walks readers through the Alabama personal injury lawsuit process, step by step. It tells you how to file a personal injury lawsuit in Alabama and what to expect after the lawsuit is filed.
Before the Lawsuit: Gathering Information and Negotiation
Before you can file your lawsuit, several things must happen. Hopefully, you have hired an Alabama personal injury attorney soon after your accident. After being hired, your lawyer will investigate your accident and injuries and start gathering important documents such as your medical records and bills.
Once your doctors decide that your injuries have reached maximum medical improvement, your lawyer will draft a demand letter. The demand letter outlines your physical and economic losses and includes a number that will compensate you for them. This letter starts the settlement negotiation process.
During settlement negotiations, the parties trade numbers back and forth until they come up with a figure that is agreeable to both. But if the insurance company refuses to negotiate, consistently offers trivial amounts, or otherwise rejects fair settlement offers, a lawsuit is the next step.
Step 1: Filing the Lawsuit
A personal injury lawsuit in Alabama begins with a document called a complaint. The complaint identifies the injured person (the “plaintiff”) and the person who caused the injury (the “defendant”). The document outlines the extent of the plaintiff’s injuries. It also details the plaintiff’s version of how and why the accident happened. Most significantly, it explains why the defendant should be held legally responsible for the plaintiff’s injuries. The complaint also includes a monetary demand.
Your Birmingham accident attorney must file your complaint in the appropriate court. Once the court has the complaint, the court clerk will issue a summons. The summons tells the defendant that a personal injury lawsuit has been filed and gives the defendant a deadline to respond. The summons and complaint are delivered to the defendant by certified mail, the sheriff’s office, or a professional process server.
Step 2: The Defendant’s Reply
Alabama law generally gives defendants 30 days to respond to the complaint. Typically, they respond by filing an “answer.” The answer addresses each claim listed in the complaint. Some defendants file motions to dismiss the complaint.
Step 3: Discovery
After the defendant responds, if the complaint is not dismissed, the lawsuit moves to the discovery phase. During discovery, the plaintiff and defendant can ask each other or relevant witnesses to answer questions under oath, admit certain facts, or produce specific documents. Because success in an Alabama personal injury lawsuit is directly tied to the facts that the plaintiff presents, discovery is a crucial tool for creating a strong case.
Step 4: Motions for Summary Judgment
After discovery, most defendants file a motion for summary judgment. A motion for summary judgment essentially asks the court to decide the case based on the documents presented instead of going to trial. If this motion is granted, your case will end. If it is denied, you’ll proceed to the next stage.
Step 5: Settlement Negotiations
Personal injury cases can settle at any point. In some cases, negotiations begin with the demand letter and continue up to (and even after) the first day of trial. However, many judges encourage parties to reopen settlement negotiations before trial.
Step 6: Preparing for Trial
If settlement negotiations fail, the lawyers will begin preparing for trial. To get ready, your Alabama accident injury attorney will locate experts, create exhibits, and more. They’ll also prepare you for the questions you can expect from the defendant’s lawyer.
Step 7: Trial
Trials begin with jury selection. The lawyers ask the prospective jurors questions to determine if they’d be a good fit for their version of the case. Choosing a jury is important because while the judge decides the legal issues in the case, the jury decides the facts. So, if one witness says the light was green and another says it was red, the jury decides who is telling the truth.
In a personal injury trial, each attorney presents their case to the jury. Then, the jury makes two decisions. First, they decide who was responsible for the accident. If they agree that the defendant was at fault and that you had no role in causing your own injuries, they decide how much money you should receive for your injuries.
Step 8: After Trial
A jury verdict isn’t necessarily the end of a personal injury case. Either side can ask the trial judge to reconsider the verdict. So, if the defendant thinks that the jury awarded you too much money, they can ask the court to reduce the amount.
After all trial-level challenges are settled, the defendant can ask a higher court to review the case. This process, called an appeal, can take years. This aspect of trial practice is one of the things Alabama attorneys encourage their clients to consider as they decide between trial and settlement.
Get Help Filing Your Alabama Accident Lawsuit
Many people are reluctant to file a lawsuit. They think that it makes them look “greedy” or worse. But the law gives you certain rights. Protecting those rights isn’t greedy – it’s common sense.
If you’ve been injured in an Alabama car accident and need a Birmingham injury attorney to guide you through the claims and lawsuit process, contact Collins Law, LLC. Our founding attorney, April H. Collins, has been recognized as one of Birmingham’s best personal injury attorneys. To learn more about how we can help you, call 205-588-1411 or use our contact form to get in touch today.
