Whether you’ve been involved in an accident that’s costing you and your family precious income, you’re navigating a messy divorce for the first time, or you’re unsure how to go about properly managing your family’s estate, Baxley Maniscalco, your trusted legal partner serving Oxford, Alabama, provides experienced legal assistance to individuals and families facing a wide range of challenges.
With expertise in family law, personal injury, and estate planning, we’re dedicated to providing our clients with personalized and compassionate legal guidance.
Whether you're navigating a divorce, seeking compensation for a personal injury, or planning for the future with estate planning, our experienced attorneys are here to help you every step of the way, providing the peace of mind you seek and working to recover the maximum amount of compensation you deserve.
Personal Injury Cases
Bitten by a neighbor’s dog? Involved in a car accident? Slipped and fell in a public place? You likely have a personal injury case.
If you've been injured in an accident, you likely have many questions about your rights, the legal process, and how to seek compensation for your damages.
Here, we'll address some of the most frequently asked questions about personal injury cases in Alabama to help you better understand your options.
What Is a Personal Injury Case?
A personal injury case arises when an individual suffers harm or injury due to the negligent or intentional actions of another party.
These cases can involve various types of accidents, including car accidents, slips and falls, medical malpractice, and more.
What Should I Do if I've Been Injured in an Accident?
If you've been injured in an accident, take the following steps:
- Seek medical attention immediately, even if your injuries seem minor.
- Report the accident to the appropriate authorities, such as law enforcement or property owners.
- Document the scene of the accident, including taking photos and obtaining witness contact information.
- Keep detailed records of your medical treatment and expenses related to your injuries.
- Contact a personal injury attorney as soon as possible to protect your rights and explore your legal options.
If you’ve been injured in an accident, contact us today for a free and confidential consultation.
How Long Do I Have to File a Personal Injury Lawsuit in Alabama?
In Alabama, the statute of limitations for most personal injury cases is two years from the date of the accident or injury.
It's crucial to file your lawsuit within this time frame, as failing to do so could result in the dismissal of your case.
How Is Fault Determined in a Personal Injury Case?
Alabama follows a "contributory negligence" rule, which means that if you are found to be even partially at fault for the accident, you may be barred from recovering damages.
It's essential to work with an experienced personal injury attorney who can help gather evidence to establish liability and protect your rights.
What if the At-Fault Party Is Uninsured or Underinsured?
If the at-fault party does not have insurance or does not have enough insurance to cover your damages, you may still have options for compensation.
For example, you may be able to file a claim with your own insurance company if you have uninsured/underinsured motorist coverage, but we highly recommend working with an attorney before any insurance company negotiations begin.
How Much Is My Personal Injury Case Worth?
The value of a personal injury case depends on various factors, including the severity of your injuries, the extent of your financial losses, and the level of negligence on the part of the defendant.
Generally speaking, the average payoff can range from anywhere between $3,000 and $75,000, but it’s not uncommon for some settlements to involve payouts well beyond this average.
Will My Personal Injury Case Go to Trial?
Many personal injury cases are resolved through out-of-court settlements negotiated between the parties' attorneys and insurance companies.
However, if a fair settlement cannot be reached, your case may proceed to trial. Here at Baxley Maniscalco, we stand strongly against mediation, as the defense often uses it as a tactic to either stall or break the plaintiff down.
How Long Will It Take to Settle My Personal Injury Case?
The timeline for settling a personal injury case can vary depending on factors such as the complexity of the case, the severity of your injuries, and the cooperation of the other parties involved.
Some cases may be resolved in a matter of months, while others may take years to reach a settlement or verdict.
Do I Need an Attorney for My Personal Injury Case?
While you are not legally required to hire an attorney for a personal injury case, having experienced legal representation can significantly increase your chances of obtaining fair compensation for your injuries.
An attorney can handle all aspects of your case, from gathering evidence to negotiating with insurance companies, allowing you to focus on your recovery.
Family Law Cases
Navigating a divorce? Trying to secure child custody? Unsure if your existing child support arrangement is fair? Our family law attorneys serving Oxford, Alabama can help.
Family law matters can be emotionally challenging and legally complex. They can be tempting to go alone, but doing so usually ends up costing you more in the long run. That’s why we're here to provide you with the guidance and support you need.
What Types of Cases Fall Under Family Law?
Family law encompasses a broad spectrum of legal matters that pertain to familial relationships and domestic issues. These cases often involve deeply personal and emotionally charged matters that require careful consideration and resolution.
Some of the most common types of cases that fall under family law include:
- Guardianship and conservatorship matters;
- Paternity establishment and disputes;
- Domestic violence protection orders;
- Child abduction and interstate custody disputes;
- Name changes;
- Mediation and alternative dispute resolution for family conflicts;
- Enforcement of court orders related to divorce, custody, and support; and
- Termination of parental rights proceedings.
Each of these areas requires specialized knowledge and expertise to navigate effectively, emphasizing the importance of seeking guidance from a qualified family law attorney.
How Does the Divorce Process Work in Alabama?
In Alabama, spouses can file for either a fault or no-fault divorce. The process typically involves filing a petition for divorce, dividing marital assets and debts, and resolving issues related to child custody, support, and alimony.
The length and complexity of the divorce process can vary depending on factors such as the level of cooperation between the parties and the need for court intervention.
How Is Child Custody Determined in Alabama?
When determining child custody arrangements, Alabama courts prioritize the best interests of the child.
Factors considered may include each parent's ability to provide for the child's physical and emotional needs, the child's relationship with each parent, and any history of domestic violence or substance abuse.
Can I Modify a Child Custody or Support Order?
Yes, child custody and support orders can be modified if there has been a significant change in circumstances since the original order was issued.
Examples of qualifying changes may include a parent's job loss, relocation, or remarriage.
What Is the Difference Between Legal and Physical Custody?
Legal custody refers to the right to make important decisions about a child's upbringing, such as education, healthcare, and religious upbringing.
Physical custody, on the other hand, determines where the child will live on a day-to-day basis.
How Are Marital Assets Divided in Alabama Divorces?
In Alabama, marital assets are typically divided equitably between the spouses but not necessarily equally.
The court will consider factors such as each spouse's contributions to the marriage, the length of the marriage, and each spouse's earning capacity.
What Rights Do Grandparents Have Regarding Visitation?
Alabama law allows grandparents to petition the court for visitation rights under certain circumstances, such as when the child's parents are divorced or when one parent is deceased.
The court will consider the best interests of the child when making decisions about grandparent visitation.
If you have additional questions about family law cases in Alabama or if you're facing a family law matter and need legal representation, don't hesitate to contact our Alabama family law attorneys.
You can give us a call at (256) 770-7232 or fill out our form to request a free and confidential consultation.
Estate Planning & Probate Cases
Handling a contested will? Need assistance setting up a trust? Unsure how to properly designate beneficiaries? Our Oxford, Alabama estate planning attorneys are here to help.
Planning for the future and handling the legal affairs of a loved one's estate can be complex and overwhelming, and getting it wrong the first time without the proper legal guidance can be costly in the future.
Here, we'll address some of the most frequently asked questions about estate planning and probate cases in Alabama to provide you with the clarity and guidance you need to do things the right way, the first time.
What Is Estate Planning?
Estate planning is the process of creating a plan for the management and distribution of your assets after your death.
This may include creating a will, establishing trusts, designating beneficiaries, and making advance directives for healthcare and end-of-life decisions.
Why Is Estate Planning Important?
Estate planning allows you to ensure that your wishes are carried out after your death and that your loved ones are provided for according to your wishes.
It can also help minimize estate taxes, avoid probate, and protect your assets from creditors and legal challenges.
What Documents Are Included in an Estate Plan?
In an estate plan, various documents work together to ensure your wishes are carried out effectively. These documents typically include:
- Last Will and Testament: Outlines how you want your assets to be distributed after your death and may also designate guardians for minor children.
- Revocable Living Trust: Allows you to transfer assets into a trust during your lifetime, providing flexibility and privacy in asset distribution and potentially avoiding probate.
- Durable Power of Attorney: Appoints someone to make financial decisions on your behalf if you become incapacitated.
- Healthcare Proxy or Medical Power of Attorney: Designates someone to make medical decisions for you if you are unable to do so.
- Living Will or Advance Directive: Communicates your wishes regarding end-of-life medical care, such as the use of life support measures.
Collectively, these documents provide comprehensive protection and guidance for your estate and healthcare decisions, ensuring your wishes are respected and your loved ones are cared for according to your intentions.
What Is Probate, and When Is It Necessary?
Probate is the legal process of administering the estate of a deceased person, including validating their will, paying debts and taxes, and distributing assets to heirs.
Probate is typically necessary when a person dies with assets in their name alone or with a will. Probate itself can be a long, costly, and very publicized process, so doing everything you can to reduce its possibility is imperative in your initial estate planning strategy.
How Long Does the Probate Process Take in Alabama?
The duration of the probate process in Alabama can vary depending on factors such as the size and complexity of the estate, whether there are disputes among heirs, and the efficiency of the probate court.
In general, probate can take anywhere from several months to a year or more to complete.
What Assets Are Subject to Probate?
Assets that are held in the decedent's name alone and do not have designated beneficiaries or joint ownership are typically subject to probate.
This may include real estate, bank accounts, investments, and personal property.
Can Probate Be Avoided?
Absolutely. Probate can often be avoided or minimized through careful estate planning strategies such as creating a revocable living trust, designating beneficiaries on accounts and assets, and gifting assets during one's lifetime.
What Happens if Someone Dies Without a Will?
If a person dies without a will, their estate will be distributed according to the intestacy laws of Alabama.
This means that the estate will be divided among their closest living relatives, such as spouses, children, parents, or siblings, in a predetermined order of priority.
What Is the Role of the Executor in Probate?
The executor (or personal representative) is responsible for managing the decedent's estate during the probate process.
This may include gathering and inventorying assets, paying debts and taxes, and distributing assets to beneficiaries according to the terms of the will or intestacy laws.
If you have questions or concerns about your estate planning process, you can call or text us at (256) 770-7232 to request a free and confidential consultation.
Enlist Experienced Help From Baxley Maniscalco
Our firm serves individuals in personal injury and family law matters throughout the entire state. With extensive experience in litigation, we have handled numerous cases, securing favorable outcomes for thousands of clients.
Our commitment to exceptional client service is unmatched, and we prioritize building personal connections with each client. We believe in knowing our clients on a personal level, ensuring that they receive the highest level of representation.
Our goal is to achieve the maximum compensation and optimal results for every case, consistently striving for excellence in our legal advocacy.
If you’re ready to work with a trustworthy legal partner, you can call or text us at (256) 770-7232 for a confidential consultation. It’s always free.