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Your Phenix City Personal Injury Attorney
The short answer. In Alabama most injury claims must be filed within two years (Ala. Code § 6-2-38(l)). A child under 19, or a person who is legally insane when the claim arises, may have more time (Ala. Code § 6-2-8(a)). The trial court for Lee County sits in Opelika, at 2311 Gateway Drive, Opelika, AL 36801. To talk it through, send the form on this page and we will work to connect you with an attorney in our network.
An injury changes the pace of your days. Medical visits, paperwork and worry about money can crowd out everything else. If you were hurt in Phenix City because of another person’s actions, this page explains how Alabama treats injury claims so you can plan your next step.
A quick note on what this page is: general information about Alabama injury law, written from the statutes, from a matching service that does not practice law. It is meant to help you ask good questions, not to decide your case.
Before You Hire: Questions For A Phenix City Attorney
Whoever you speak to, a few answers tell you a lot:
- The deadline. Ask the attorney to name the exact last day to file for your claim. The general limit for injury claims in Alabama is two years (Ala. Code § 6-2-38(l)).
- Limits on damages. Ask whether any rule restricts the amount you could recover in Alabama.
- If you were partly to blame. Ask what happens to your award if a jury finds you share the blame.
- Who will work on it. Ask who handles your file day to day and how fast messages are answered.
- The money terms. Ask how fees are calculated and which costs come out of a recovery.
Kinds of Injury Claims
Vehicle crashes
Vehicle injuries start with the same few steps: medical care first, then photographs of the scene, names and numbers of anyone who saw it, the other driver’s insurance information and any estimates for repairs.
Pedestrian and bicycle injuries
A collision on foot or on a bicycle is easy to dispute afterward. Record where it happened, what the road and signals were like, and who saw it, and keep any damaged clothing, helmet or equipment.
Falls and unsafe property
Slips, trips and falls come from spills, uneven surfaces, poor lighting and broken stairs. What matters is who controlled the place and how long the problem was there, so document the hazard and tell the owner or manager promptly.
Wrongful death
When a death is caused by someone else’s wrongful act or neglect, the claim works differently from an injury claim. A wrongful death claim follows its own rules in Alabama; ask an attorney which date applies (Ala. Code § 6-5-410). This is a hard moment to decide anything, and an attorney can walk you through the steps without hurrying you.
Injured in Phenix City? Get matched with an attorney now.
Your Own Share Of The Blame
In Alabama, being partly at fault can bar a claim altogether.
A claim can be barred if you share any of the blame, with narrow exceptions in some cases. Photographs, witness names and medical records help show where the fault lies.
Is There A Ceiling On The Award
In Alabama, an award follows the medical bills, lost income and the lasting effects of the injury. How fault is assigned can also change the amount.
Lasting effects and missed work are part of what is proved. A separate rule limits punitive damages (Ala. Code § 6-11-21(a)).
Filing Deadlines For Injury Claims
The general time limit for an injury claim in Alabama is two years (Ala. Code § 6-2-38(l)). A person under 19, or one who is legally insane when the claim arises, may have more time (Ala. Code § 6-2-8(a)).
A wrongful death claim follows its own rules, so ask which date applies (Ala. Code § 6-5-410). If a government body may be responsible, the steps can differ (Ala. Code § 11-47-23). The type of claim decides the date, so do not wait.
Why Policy Limits Matter
Alabama requires at least $25,000 for injury to one person, $50,000 for injury to two or more people in one accident and $25,000 for property damage (Ala. Code § 32-7-6(c)).
When the other driver carries only the minimum and your injuries are serious, any other policy that applies becomes important. Before you accept a payment, ask your attorney to check for every policy that might apply, yours included.
Local Courts and Hospitals in Phenix City
The Census Bureau lists Phenix City in more than one county: Lee County and Russell County. Lee County’s 37th Judicial Circuit circuit court is listed in Opelika, at 2311 Gateway Drive, Opelika, AL 36801. The Alabama court directory lists the 26th Judicial Circuit circuit court for Russell County in Phenix City, at 501 14th Street, Phenix City, AL 36867. Another facility on the Alabama Department of Public Health, Alabama Trauma System list of trauma centers, East Alabama Medical Center in Opelika, is also in Lee County; it is listed as a Level III trauma center.
Whichever provider treated you, request your complete records and an itemized bill, and keep a list of every appointment. If you were transferred to another hospital, ask for the paperwork from both ends of the transfer.
What To Do Once You Are Ready To Talk In Phenix City
Fill in the form at the top of this page. NeedAnAttorney.net reviews your details and works to match you with an attorney in our network who may handle cases in Alabama. The form is free to use, and sending it does not mean you have hired anyone.
Meanwhile, jot down the facts while they are fresh: date, time, place, who was there, what care you have had and what work you have missed. Save every bill and every message from an insurer.
Frequently Asked Questions
Is the other driver’s policy enough to cover my injuries?
At least $25,000 for injury to one person, $50,000 for injury to two or more people in one accident and $25,000 for property damage (Ala. Code § 32-7-6(c)). Several policies can apply to one crash. Before you accept a payment, check for every policy that may apply.
Which records matter most after an accident?
Save every treatment record and bill. Pictures of the scene and the injuries show what words cannot. Keep proof of missed pay, repair estimates and all messages from insurers.
Is it safe to answer the other side’s adjuster?
It is fair to say you are getting advice first. Saying that you want advice first is a reasonable answer. Before you sign anything, have someone review it.
Are there special steps for claims against the government?
There are special steps. Special claim or notice steps can apply (Ala. Code § 11-47-23). The notice steps can differ from those for other claims. Write down the date and place of the injury.
Which court covers Phenix City?
The court is chosen by the type and size of the case and where the injury happened. Ask the attorney you speak with to name the court and explain why. The state judiciary’s court listing, described above, shows where its local courts are.
When does the time to file an injury claim run out in Alabama?
Within two years for most injury claims (Ala. Code § 6-2-38(l)). A child can have extra time, and so can a few other limited situations (Ala. Code § 6-2-8(a)). Write down the date of the injury now.
Does Alabama bar me from recovering if I share the blame?
The rule: a claim can be barred if you share any of the blame, with narrow exceptions in some cases. How the facts are described matters from the start. Details from the day of the accident can matter.
Are there limits on an injury award in Alabama?
It depends on the facts of your claim, so ask an attorney whether any rule limits it in your case. The bills, the missed work and the lasting effects drive the amount. Punitive damages are limited separately (Ala. Code § 6-11-21(a)).
Injury Attorney Pages For Other Alabama Communities
NeedAnAttorney.net connects injured people throughout Alabama with attorneys who handle cases in their area.
