Personal Injury FAQs

Personal Injuries in AlabamaWhat is Personal Injury?

At the Blackwell Law Firm, we specialize in “Personal Injury” law. If you suffered injuries caused by the negligence or wrongful conduct of another person, you may have grounds to file a personal injury claim. You should not be forced to suffer the costs for another person’s careless actions.

Personal injury claims often arise from automobile crashes, workplace accidents or defective products. What are some examples of personal injury claims we routinely handle?

  • Traumatic Brain Injury (TBI)
  • Automobile Accidents
  • Commercial Vehicle Crashes (including 18-Wheeler Accidents)
  • Defective Product Injuries
  • Dangerous Medication and Drug Claims
  • Unsafe Medical Device Injuries
  • Workplace Accidents and Exposures (Workers’ Compensation)
  • Nursing Home Injuries
  • Wrongful Death Claims
  • Premises Liability Claims (including Slip and Fall injuries)

The specific practice area pages on our website have more detailed information about the personal injury cases we commonly handle. We are happy to answer additional questions. If you believe you have been personally injured by another party, give us a call. Consultations are always free and confidential.

Do I have a Personal Injury case?

Our firm specializes in personal injury claims. We specialize so we can focus all our effort toward preparing and presenting these cases.

In every case, we start with you. We conduct a detailed interview to learn more about you, your possible case, and your injuries. We also conduct a detailed investigation to find any evidence needed to support your claim. If the case is litigated, we work hard to prepare the claim for the best presentation possible. We believe lawyers should prepare their cases as fully as possible.

When deciding whether you have a claim, we investigate the issues concerning the fault of the other party and the extent of your injuries. These issues – liability and damages – are the key to determining whether you have a claim we should pursue for you. Is the other person at fault? Our investigation helps us answer that question. What is the extent of your injuries or damages? To answer this question, we investigate how bad you were hurt and how those injuries have impacted your life. In personal injury cases, you may be entitled to compensation for a number of losses. These include medical expenses, lost wages, loss of future earnings or earning capacity, pain and suffering, disfigurement, and loss of enjoyment of life. We look at all the issues to provide you an opinion as to your potential case.

Will the Blackwell Law Firm take my case?

Our law practice is devoted exclusively to representing plaintiffs who have been injured or damaged. We specialize so we can devote all our focus on being the best lawyers possible for these claims. We carefully and fully evaluate each possible case. When we begin investigating a case, we look at the entire process to determine if we are a good fit for your claim. We are happy to review your case for free.

Will the Blackwell Law Firm talk to me about my case for free?

Yes. Consultations are always free and confidential. If you want to speak with us about a personal injury issue, give us a call. Our staff will ask you a few basic questions. After answering a few basic questions, one of our attorneys will be happy to discuss your legal issues. During our conversation, we are happy to answer any questions you may have. If we believe you may need representation for a claim, we will then typically meet for an extended interview. These interviews are our opportunity to learn more about you, your case and your injuries. We value them highly. We like to take our time in order to learn as much as possible about the issues. While many other firms rush this process, we do not. We believe it is essential to our long-term success in helping you.

Do I need an attorney for my personal injury claim?

Sometimes people involved in automobile accidents don’t really need an attorney. Maybe the injuries are very minor. Maybe the issue simply involves vehicle damage. Many of the attorneys advertising on television or billboards would lead you to believe an attorney is always needed. Yet, that is simply not true.

However, in cases with more significant injuries, medical care, lost wages, or long-term problems, an attorney may help greatly. In those situations, injured people can benefit significantly from hiring a skilled personal injury attorney. Insurance adjusters are skilled at paying as little as possible for valid claims. If you have suffered significant injury, you need to focus on healing. A skilled and experienced trial attorney can focus on developing your case in order to obtain the maximum compensation possible for your injuries and damages. An experienced attorney can also help by dealing with the insurance company in these situations.

After an accident, you may not know the extent of your injuries. You may not know whether an attorney is needed. We are happy to discuss the issues with you. Consultations are free. We are happy to provide our opinion as to whether you need an attorney. We often provide advice to people involved in minimal damage accidents. If you are injured and we can help, we would also be happy to discuss our representation of you.

How do I choose a personal injury lawyer?

This is a very important question that can greatly impact your claim. Many attorneys advertise on billboards, radio and television. Yet, these advertising attorneys are rarely more than paper attorneys seeking the quickest settlement. If you need an attorney, you deserve better. And, the insurance companies know which attorneys will go to trial.

We have written a number of articles on the skills and experience needed for a plaintiff’s personal injury lawyer. You can read many of these articles on our law firm blog. In one article, we provided seven tips for choosing a personal injury lawyer. They are:

  1. What Are Your Needs? If you have a serious or significant case, you need a serious lawyer with real experience handling personal injury cases throughout the development, negotiation, trial, and even appeal, processes.
  2. Does The Lawyer Make Promises? Beware of advertising claims. Beware of lawyers who promise results. You need a serious lawyer who will work hard on your case.
  3. Have You Researched Attorney Options? Take your time to research local attorneys. Ask people you respect and trust for recommendations. Read the information and articles published by local attorneys.
  4. Is The Attorney Both Caring And Knowledgeable? You need a skilled personal injury attorney. You also need an attorney who will do his or her best to provide honest information.
  5. Who Will Work On Your Case? This is a common problem. You hired a specific attorney or law firm. Your case deserves personal attention throughout the process.
  6. Can You Trust The Attorney? Trust is essential to a good relationship.
  7. What Is The Attorney’s Track Record? Does the attorney have a real track record of success in the field of personal injury law?

We are happy to talk with people and answer questions. We want our clients to feel comfortable about our work. You should do your homework before hiring an attorney to handle your injury case.

Can you settle without an attorney?

Yes. However, the better question is whether you should settle without an attorney. If your claim involves very minor injuries or simple property damage to your vehicle, you may not need a lawyer. If your case involves more serious injuries or several potential claims, then you need a skilled lawyer. Many people are unsure. We consult with accident victims daily on this issue. We are happy to discuss your injuries and give you our honest opinions about your potential claim.

If the Blackwell Law Firm takes my case, what is next?

We believe in preparing our cases fully. After we agree to take your case, we take immediate steps to protect your interests in dealing with the insurance companies or potential defendants. Within the firm, we immediately study your file and prepare a plan to move the claim forward. Our plan often depends upon where you are in the process of your injury. Some people seek our counsel immediately after a significant accident. Some people seek our counsel after trying to deal unsuccessfully with the insurance company. Other people seek our counsel at various stages when help is needed in obtaining appropriate justice or compensation. Regardless of stage, our plan involves preparing the claim fully in an effort to obtain the greatest compensation possible for your injuries. You can read more information about our process on the law firm website.

How does the litigation process work?

We believe in preparation. We work hard to prepare all our cases. The initial stage of a personal injury lawsuit is called “discovery.” During discovery, each side requests information and documents. We aggressively pursue information from the defendant. Depositions may also be taken. We involve our clients in this process. We prepare our clients thoroughly for each step. As the litigation moves forward, we work hard to gather testimony from experts and physicians concerning the case. Successful cases also require a personal injury lawyer skilled in understanding and presenting complex medical evidence concerning injuries.

From the beginning of the case, we work hard to gather the evidence with a constant focus on presenting it to the judge or jury at trial. We believe in remaining focused on the final preparation of the case.

Can I file a personal injury lawsuit at any time?

No. All cases must be filed within certain time limits. These limits are commonly called Statutes of Limitations. The limitations period can differ depending on the type of case. We are happy to discuss with you the applicable statute of limitations for your case.

Will my case resolve by trial or settlement?

Most personal injury cases resolve by settlement. However, at the Blackwell Law Firm, our philosophy is built upon fully preparing all cases. We believe better preparation leads to better settlements and better trials. Our goal is to prepare each client’s case fully and completely in an effort to obtain the maximum compensation possible.

We are not afraid of trial. We will be ready. The insurance companies know that. We believe our level of preparation produces the best results for our clients.

What are contingent fee cases? Does the Blackwell Law Firm take these cases?

At the Blackwell Law Firm, we provide free consultations. We regularly provide free advice to people with legal questions. If you have a case where we can help represent you, we operate on a contingent fee basis. The contingency fee depends upon the specific type of personal injury claim, such as automobile accident, workers’ compensation or defective product injury.

During your consultation, we discuss the specific contingency fee. And, we want you to ask questions. It is important for our clients to understand fully our work. You will leave our initial meeting understanding our fee and how the process works so that you are comfortable and happy with your choice.

If I settle or win my claim, do I have to repay my health insurance company?

Medical reimbursement is a huge issue in personal injury claims. Yes, health insurers typically have certain rights related to repayment. These repayment rights can be complex and vary depending upon whether you have private health insurance, Medicare, Medicaid, VA benefits, Tricare, or some other form of health coverage. Different legal rules and procedures can apply to each.

This is an area where you really need a skilled attorney who can best navigate the system. A skilled attorney can often save tremendous money for his or her clients on this issue. Unfortunately, too many lawyers (especially the settlement mill attorneys who populate television and billboards) do not fight for their clients on this issue.

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