Baxley Maniscalco Attorneys At Law
At Baxley Maniscalco, our experienced Alabama personal injury lawyers handle a wide variety of circumstances where negligence leads to someone being hurt.
We handle cases involving serious injuries and disability, car accidents, commercial truck and 18-wheeler collisions, wrongful death, dog bites, slip and fall, premises liability, nursing home abuse and neglect, and restaurants serving unsafe food and beverages.
A personal injury claim is a legal action taken by an individual (the plaintiff) who has been injured due to the negligence or intentional actions of another party (the defendant).
The goal of a personal injury claim is to seek compensation for the injuries and damages suffered by the plaintiff as a result of the defendant's actions.
Need immediate help with a personal injury claim? Call or text us at (256) 770-7232 for a free consultation about your case.
Our experienced team of personal injury attorneys can help you strategize the best way to move forward with your claim. There’s never an obligation to hire us.
Types of Accidents We Handle:
How the Personal Injury Claims Process Works
Here is a general overview of how a personal injury claim works:
- Gathering evidence: The first step in a personal injury claim is to gather evidence to support the plaintiff's case. This can include collecting medical records, police reports, witness statements, and other relevant documents.
- Filing a claim: The plaintiff will typically file a personal injury claim with the appropriate court or agency, such as a state court or an insurance company. The claim will typically include a detailed description of the injuries and damages suffered by the plaintiff, as well as the legal basis for the claim.
- Discovery process: After the claim is filed, the parties will engage in a discovery process, during which they will exchange information and documents relevant to the case. This can include depositions, interrogatories, and requests for the production of documents.
- Settlement negotiations: Many personal injury claims are resolved through settlement negotiations, during which the parties try to reach an agreement on the amount of damages to be paid to the plaintiff. If the parties can reach a settlement, the case will be resolved without the need for a trial.
- Trial: If the parties are unable to reach a settlement, the case may proceed to trial. During the trial, both sides will present their evidence and arguments to a judge or jury, who will decide the outcome of the case.
- Appeal: If either party is unhappy with the outcome of the trial, they may have the right to appeal the decision to a higher court.
Overall, the goal of a personal injury claim is to seek compensation for the injuries and damages suffered by the plaintiff as a result of the defendant's actions.
How to Choose a Lawyer for Your Personal Injury Claim
Here are some tips on how to choose the best personal injury lawyer for your case.
- Research potential lawyers: It is important to do your research when looking for a personal injury lawyer. This can include reading online reviews, getting recommendations from friends or family, and visiting the lawyer's website to learn more about their practice and experience.
- Schedule consultations: Most personal injury lawyers offer free initial consultations, during which you can discuss your case and ask questions about the lawyer's experience and approach to handling personal injury cases. It is a good idea to schedule consultations with several lawyers to get a sense of your options and find the lawyer who is the best fit for your needs.
- Consider the lawyer's experience: Personal injury law can be complex, and it is important to find a lawyer who has experience handling cases similar to yours. Look for a lawyer who has a track record of success in personal injury cases and who is familiar with the laws and procedures in your state.
- Evaluate the lawyer's communication style: It is important to find a lawyer who is a good communicator and who will keep you informed about the progress of your case. Look for a lawyer who is responsive to your questions and concerns and who will take the time to explain the legal process to you.
- Discuss fees and costs: Personal injury lawyers typically work on a contingency basis, which means that they will only receive a percentage of any damages awarded in your case. Make sure to discuss the lawyer's fees and any costs associated with your case before retaining their services.
Questions to Ask in Your Initial Consultation
An initial consultation with a personal injury lawyer is an opportunity to discuss your case and ask questions about the lawyer's experience and approach to handling personal injury claims.
Here are some questions that you may want to ask during an initial consultation:
- What is your experience handling cases like mine? It is important to find a lawyer who has experience handling cases similar to yours and who is familiar with the laws and procedures in your state.
- What is your track record in personal injury cases? Look for a lawyer who has a track record of success in personal injury cases and who has a reputation for obtaining favorable results for their clients.
- How will you handle my case? Ask the lawyer about their approach to handling personal injury cases and what steps they will take to pursue your claim.
- What is your communication style? It is important to find a lawyer who is a good communicator and who will keep you informed about the progress of your case. Ask the lawyer about their communication style and how often they will be in touch with you.
- How do you calculate damages? Personal injury claims often involve seeking damages for medical expenses, lost wages, and other types of losses. Ask the lawyer how they calculate damages in personal injury cases and what types of damages you may be entitled to seek.
- What are your fees and costs? Personal injury lawyers typically work on a contingency basis, which means that they will only receive a percentage of any damages awarded in your case. Make sure to discuss the lawyer's fees and any costs associated with your case before retaining their services.
Get to Know Us
At Baxley Maniscalco, we get to know our clients as people. We can’t represent you well without knowing who you are, what you like to do in your free time, and how your injuries have affected the little things in your daily life.
We have over twenty years of combined trial experience and we understand how the insurance claims process works. We know that insurance companies make more money by not paying claims fairly, and we’ve proven ourselves to the adjusters and attorneys we work with.
They know we will take cases to trial if our clients are not paid fully for their injuries after we make an initial demand.
VALUE MY CLAIM
Text Details to (256) 770-7232
How Long Do You Have to File a Personal Injury Claim in Alabama?
In Alabama, the statute of limitations for personal injury claims is typically two years from the date of the injury. This means that an individual who has been injured due to the negligence or intentional actions of another party must file a personal injury claim within two years of the date of the injury, or they may lose the right to seek compensation for their injuries and damages.
There are some exceptions to this rule, however. For example, the statute of limitations may be extended in cases where the injury was not immediately apparent, or where the victim was a minor at the time of the injury. It is important to speak with a personal injury lawyer to determine the specific statute of limitations that applies to your case.
In Alabama, the statute of limitations for wrongful death lawsuits is typically two years from the date of the victim's death. This means that a wrongful death claim must be filed within two years of the date of the victim's death, or the right to seek compensation for the victim's death may be lost.
If you have been injured and are considering pursuing a personal injury claim, it is important to act promptly and seek legal counsel as soon as possible. The sooner you seek legal assistance, the sooner you can begin the process of seeking compensation for your injuries and damages.
What is a Demand Letter in a Personal Injury Case?
A demand letter is a formal written request for compensation or payment that is sent to an individual or organization that is believed to be responsible for causing a personal injury. The letter sets out the facts of the case and explains why the person or organization being contacted is liable for the injury. It also specifies the amount of damages being sought and the basis for calculating those damages.
In a personal injury case, the demand letter is typically sent by the injured person or their attorney to the insurance company or other party believed to be responsible for the injury. The letter is often the first step in negotiating a settlement or resolution of the case. If the parties are unable to reach an agreement through negotiation, the demand letter may serve as the starting point for a lawsuit.
It is important to note that demand letters should be carefully drafted and should include all relevant information about the injury, including the specific damages being sought, the basis for liability, and any supporting documentation or evidence. Demand letters should also be sent by certified mail, return receipt requested, to ensure that they are properly delivered and received.
Several key components should be included in a good demand letter in a personal injury case. These include:
- A clear and concise summary of the facts: The demand letter should provide a brief overview of the circumstances that led to the injury, including the date, location, and details of the accident or event that caused the injury.
- A description of the injuries and damages: The demand letter should describe the injuries and damages sustained by the injured person, including any medical treatment received and any ongoing medical care that may be required.
- A calculation of damages: The demand letter should include a detailed calculation of the damages being sought, including any lost wages, medical expenses, and other costs associated with the injury.
- A discussion of liability: The demand letter should explain why the person or organization being contacted is liable for the injury, including any relevant laws or legal principles that apply.
- A request for compensation: The demand letter should clearly state the amount of compensation being sought and specify a deadline by which the request should be met.
- Supporting documentation: The demand letter should be accompanied by any supporting documentation or evidence, such as medical bills, police reports, or witness statements, that support the claims made in the letter.
The demand letter should be written in a professional tone and should avoid inflammatory or aggressive language.
Common Reasons Insurance Companies Give for Refusing to Pay Personal Injury Claims
Insurance companies make greater profits when they avoid paying out on personal injury claims, or when they pay less than the full and fair value of the claim.
Some common reasons insurance companies will give for denying personal injury claims include:
- Pre-existing conditions: If the injured person has a pre-existing medical condition that is related to the injury, the insurance company may argue that the condition, rather than the accident, caused the injury.
- Lack of evidence: Insurance companies may deny claims if there is insufficient evidence to support the claim. This may include a lack of medical records, witness statements, or other documentation.
- Policy exclusions: Some insurance policies exclude certain types of injuries or accidents from coverage. If the injury falls within one of these exclusions, the insurance company may deny the claim.
- Fraud: Insurance companies may deny claims if they suspect that the injury was staged or that the person making the claim is attempting to defraud the insurance company.
- Failure to follow policy requirements: Insurance policies often require policyholders to take certain steps after an accident or injury, such as seeking medical treatment or reporting the incident to the insurance company. If the policyholder fails to follow these requirements, the insurance company may deny the claim.
- Disputed liability: If the insurance company disputes that it is liable for the injury, it may deny the claim. This may be the case if the company believes that another party was responsible for the injury or that the injury was the result of the policyholder's actions.
- Excessive damages: Insurance companies may also deny claims if they believe that the damages being sought are excessive or not supported by the evidence.
Experienced personal injury attorneys have heard every excuse in the book, and typically will have a good handle on which denials are valid, and which are just an attempt to bully the plaintiff into going away. If you’ve tried to present your injury claim directly to an adjuster yourself, and have gotten stonewalled, don’t despair.
Talk with an injury attorney about the reasons that were given for your claim denial. In many cases, you will still have a claim that an attorney is willing to help you pursue.
Alabama's Contributory Negligence: Sharing the Blame Means Sharing the Loss
If you're injured in Alabama due to someone else's negligence, but you were also somewhat at fault, things get complicated. Here's why: Alabama follows a strict law called "contributory negligence." This means that if you bear any responsibility for your accident, even a tiny bit, you may be barred from recovering any compensation for your injuries.
Imagine a scenario where a distracted driver rear-ends you at a red light. You might think it's a clear-cut case for compensation. However, if you were speeding slightly, Alabama law could consider you partially at fault. Under contributory negligence, this could completely eliminate your right to recover damages, even for medical bills and lost wages.
This harsh reality makes it crucial to consult an experienced personal injury attorney in Alabama. They can fight to minimize your fault and maximize your compensation, even in situations where contributory negligence applies. Don't let a small mistake prevent you from getting the justice you deserve.
What Is a ‘Complaint’ and How Is It Used in Personal Injury?
Filing a complaint in a personal injury lawsuit refers to the process of initiating a legal action against the person or entity believed to be responsible for causing the injury. The complaint is a formal document that is filed with the court and sets out the legal basis for the lawsuit, including the facts of the case and the damages being sought.
The complaint is an important document in a personal injury lawsuit as it sets out the legal basis for the case and specifies the damages being sought. It is important for the complaint to be carefully drafted and to include all relevant information about the injury and the parties involved.
The complaint is usually filed in the jurisdiction where the injury occurred or where the defendant (the person or entity being sued) resides or does business.
Once the complaint is filed, it must be served on the defendant, which means that they must be formally notified of the lawsuit and given the opportunity to respond. The defendant may then file a response to the complaint, such as an answer or motion to dismiss, which sets out their position on the case.
In Alabama, the defendant generally has 30 days to respond to the complaint after it has been served.
Elements of an Alabama Personal Injury Complaint
In Alabama, a complaint in a personal injury case should generally include the following elements:
- Jurisdiction: The complaint should specify the court in which the case is being brought and explain why the court has jurisdiction over the case.
- Parties: The complaint should identify the parties involved in the case, including the plaintiff (the person bringing the lawsuit) and the defendant (the person or entity being sued).
- Cause of action: The complaint should set out the legal basis for the lawsuit, including the facts of the case and the specific laws or legal principles that the plaintiff is relying on.
- Damages: The complaint should specify the damages being sought by the plaintiff, including any economic damages (such as medical expenses and lost wages) and non-economic damages (such as pain and suffering).
- Prayer for relief: The complaint should request relief from the court, such as a judgment in favor of the plaintiff or an award of damages.
In addition to these elements, the complaint may also include other information about the case, such as any relevant facts or evidence that support the plaintiff's claims.
What Is ‘Cause of Action’ in an Alabama Personal Injury Case?
A cause of action is a legal claim or grounds for a lawsuit. It is the factual and legal basis for a plaintiff's claim for relief against a defendant.
It typically includes the plaintiff's allegations of wrongful conduct by the defendant, as well as the specific legal theory or theories on which the plaintiff is basing their claim.
Several possible causes of action may be available in an Alabama personal injury lawsuit. These may include:
- Negligence: This is the most common cause of action in personal injury cases and involves alleging that the defendant acted carelessly or failed to use reasonable care, resulting in the plaintiff's injury.
- Strict liability: This cause of action applies in certain circumstances, such as when a product is defectively designed or manufactured, and holds the defendant strictly liable for injuries caused by the defect.
- Intentional torts: This type of cause of action involves alleging that the defendant intentionally caused the injury, such as in cases of assault or battery.
- Breach of contract: This cause of action may be available if the injury was caused by a breach of a contract, such as a lease agreement or a construction contract.
- Wrongful death: This cause of action is available when the injury resulted in the death of the plaintiff and allows the plaintiff's family to seek damages for the loss of the decedent's companionship and support.
It is important to note that the appropriate cause of action will depend on the specific facts of the case and the legal theories that are available under Alabama law.
An attorney can advise on the best course of action in a particular case.
What Should the Defendant’s Answer to a Personal Injury Claim Include?
The answer should include:
- An admission or denial of the allegations in the complaint: The defendant should admit or deny each of the allegations made in the complaint. If the defendant denies an allegation, they should provide a reason for the denial.
- Affirmative defenses: If the defendant believes that there are specific defenses to the plaintiff's claims, they should set out those defenses in the answer. For example, the defendant may argue that the plaintiff assumed the risk of injury or that the plaintiff's injuries were caused by a pre-existing condition.
- Counterclaims: If the defendant has any claims against the plaintiff, they may include these as counterclaims in the answer.
It is important for the defendant to carefully review the complaint and to provide a thorough and accurate response.
Failure to respond to the complaint or to properly set out defenses and counterclaims may result in a default judgment being entered against the defendant.
What is the Discovery Process in a Personal Injury Case?
The discovery process in a personal injury case is the legal process by which the parties involved in the case exchange information and gather evidence related to the case.
Discovery typically occurs after the complaint has been filed and allows the parties to obtain information from each other and from third parties that may be relevant to the case.
Several methods of discovery may be used in a personal injury case, including:
- Interrogatories: Interrogatories are written questions that are sent by one party to the other party and must be answered under oath.
- Depositions: A deposition is a formal out-of-court questioning of a party or witness in which the answers are given under oath. Depositions are typically recorded by a court reporter.
- Requests for documents: Parties may request that the other party produce specific documents or records that are relevant to the case.
- Requests for admissions: Parties may request that the other party admit or deny specific facts or allegations related to the case.
The discovery process allows the parties to obtain information that may be relevant to their case and to test the strength of the other party's evidence and arguments. It also helps to narrow the issues in dispute and facilitate settlement negotiations.
During the discovery process in a personal injury lawsuit, the plaintiff (the person bringing the lawsuit) may be asked a wide range of questions that are relevant to the case.
Some examples of questions that the plaintiff may be asked include:
- Details about the injury: The plaintiff may be asked to provide information about the circumstances of the injury, including the date, time, and location of the accident or event that caused the injury, as well as the nature and extent of the injuries sustained.
- Medical treatment: The plaintiff may be asked to provide information about any medical treatment received in connection with the injury, including the names of treating physicians and the type of treatment received.
- Employment and income: The plaintiff may be asked to provide information about their employment and income, including their job title, salary, and any lost wages resulting from the injury.
- Insurance: The plaintiff may be asked to provide information about any insurance policies that may be relevant to the case, such as health insurance or disability insurance.
- Prior injuries: The plaintiff may be asked to provide information about any prior injuries or medical conditions that may be relevant to the case.
It is important for the plaintiff to provide accurate and complete answers to these and other questions during the discovery process.
Failure to do so may weaken the plaintiff's case and may result in the plaintiff being precluded from introducing certain evidence at trial.
Here are some examples of interrogatories that might be used in a personal injury lawsuit:
- Describe the circumstances surrounding the injury, including the date, time, and location of the accident or event that caused the injury.
- List all injuries and medical conditions that you have suffered as a result of the accident or event, including any diagnoses and treatments received.
- Provide the names, addresses, and telephone numbers of all medical providers who have treated you for injuries or conditions related to the accident or event.
- Describe any treatment or therapy you are currently receiving or expect to receive as a result of the accident or event.
- List all medications you are currently taking or have taken as a result of the accident or event, including the name and dosage of each medication.
- Describe any lost wages or other income you have suffered as a result of the accident or event, including any lost earning capacity.
- List all insurance policies that may be relevant to the case, including any health insurance, disability insurance, or other coverage.
- Describe any prior injuries or medical conditions that may be relevant to the case, including any prior accidents or injuries.
It is important to note that these are just examples, and the specific interrogatories used in a particular case will depend on the facts and circumstances of the case.
Here are some examples of interrogatories that might be used in a personal injury case against a defendant:
- Describe your involvement in the accident or event that gave rise to the plaintiff's injuries, including your actions and whereabouts at the time of the accident or event.
- List any witnesses to the accident or event who can provide information about the circumstances leading up to or following the accident or event.
- Describe any insurance coverage that may be relevant to the case, including any liability insurance or other coverage that may apply.
- Provide any reports, documents, or other records related to the accident or event, including any police reports or incident reports.
- Describe any prior accidents or incidents that may be relevant to the case, including any accidents or incidents in which you were involved or that took place at the location where the accident or event occurred in this case.
- List any safety measures or procedures that were in place at the time of the accident or event, and describe any steps that were taken to prevent the accident or event from occurring.
- Describe any training or instruction that you received that is relevant to the accident or event, including any safety training or instruction in the use of any equipment or machinery involved in the accident or event.
Again, these are just examples, and the specific interrogatories used in a particular case will depend on the facts and circumstances of the case.
Here are some examples of requests for the production of documents that might be used in a personal injury case against a plaintiff:
- Any documents related to the plaintiff's employment, including pay stubs, tax returns, and employment contracts.
- Any medical records or documents related to the plaintiff's injuries or medical treatment, including hospital records, doctor's notes, and medical bills.
- Any documents related to the plaintiff's insurance coverage, including health insurance, disability insurance, or other coverage.
- Any documents related to the plaintiff's financial situation, including bank statements, credit card statements, and other financial documents.
- Any documents related to the plaintiff's prior injuries or medical conditions, including medical records and documents related to any prior accidents or injuries.
- Any documents related to the accident or event that gave rise to the plaintiff's injuries, including police reports, incident reports, and any other documents or records.
- Any documents related to the plaintiff's damages, including any documents or records related to lost wages or income, medical expenses, or other costs.
Here are some examples of requests for the production of documents that might be used in a personal injury case against a defendant:
- Any documents related to the defendant's involvement in the accident or event that gave rise to the plaintiff's injuries, including any incident reports or other documents.
- Any documents related to the defendant's insurance coverage, including any liability insurance or other coverage that may apply.
- Any documents related to the defendant's prior accidents or incidents, including any reports or records related to prior accidents or incidents involving the defendant or any equipment or machinery involved in the accident or event.
- Any documents related to the defendant's safety procedures or training, including any safety manuals or training records.
- Any documents related to the location where the accident or event occurred, including any maintenance or inspection records.
- Any documents related to the plaintiff's injuries or damages, including any documents or records related to the plaintiff's medical treatment or lost wages.
“This team represented me after a terrible wreck which caused me to almost lose my career in the military. I was hit by a driver from a major shipping company, and this firm would not rest until I was fairly compensated. I am so glad I didn’t go with one of those guys on every billboard that can never be reached. My attorney and her team were with me every step of the way and helped me get through even the worst times following the accident. I couldn’t recommend them more!”
— Antonette F.
Our Reputation Holds Us as One of Alabama's Top Firms
Our clients trust us to help get their lives back on track after an injury. We understand the ins and outs of dealing with insurance companies and hospital billing departments to cut through the red tape and get you paid fairly for your injuries. We’ve represented drivers across the state of Alabama who have been injured due to the negligence of another driver. From motorcycle collisions to trucking litigation, from fender benders to whiplash, no case is too complex or too small for our team.
Our Team
We are an experienced team of litigators and case managers who work together seamlessly to guide you through the process of getting paid after your auto collision. We are available to you at all times via text, email, and in person, and we don’t mind coming to you or scheduling video meetings if you’re unable to leave the house or hospital due to your injuries.
How Do Injury Attorneys Get Paid?
After an accident, you may be rightly concerned about the cost of an attorney on top of the medical bills and missed paychecks you’re already experiencing as a result of the collision. It can be very tempting to try to negotiate your case directly with insurance, in an effort to keep more money in your pocket.
We Don’t Get Paid Unless You Do
We work entirely on contingency, which means you don’t owe any fees up front, and we advance all the costs of gathering medical records and presenting your claim. Only if we are successful in recovering on your behalf do we receive a fee. On the subject of contingency fees, if you’re shopping around, be sure to ask what percent each attorney will take from your settlement or judgment at the end of the case. We know we’re competitive (we’ve never heard of anyone with a lower fee than ours), so we’re not afraid for you to check around.
We believe that our value to you in most situations is enough to completely cover our contingency fee and still leave you more money to take home at the end of the day than you would have recovered alone. On average, people tend to recover approximately $60,000 more when they are represented by an attorney, rather than going it on their own.
Attorney Spotlight: Alyssa Enzor Baxley
Don't Let an Injury Silence You. Get the Compensation You Deserve
We understand the physical, emotional, and financial toll an injury can take. At Baxley Maniscalco, our experienced Alabama personal injury lawyers are here to fight for the compensation you deserve.
Proven Track Record: We have over 20 years of combined experience and a reputation for obtaining favorable results for our clients.
Knowledgeable Representation: We take the time to understand your unique situation and develop a personalized legal strategy.
Aggressive Advocacy: We're not afraid to take your case to trial if necessary to get you the full compensation you're entitled to.
Free Consultation: We offer a free consultation to discuss your case and answer your questions.
We handle a wide range of personal injury cases, including:
- Car Accidents
- Truck Accidents
- Slip and Fall Accidents
- Dog Bites
- Wrongful Death
- And More
Don't wait to take action. Alabama has a strict two-year statute of limitations for personal injury claims.
Call Baxley Maniscalco today at (256) 770-7232 to schedule your free consultation. We'll fight to get you the justice you deserve.