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Understanding Personal Injury Law: Frequently Asked Questions

Understanding Personal Injury Law: Frequently Asked Questions

Being involved in a personal injury lawsuit can be a scary and pain staking process, but it doesn’t have to be as hard as it seems.  Hiring a personal injury attorney can help alleviate some of your stress and mental anguish, as well as ensure you receive the highest settlement offer possible for your claim.  Prior to a consultation with a personal injury attorney, many personal injury victims have questions about how the claim process works and how much it will cost to hire an attorney, etc. Below are some frequently asked questions that are commonly asked by personal injury victims.

When is an accident considered a personal injury?

Personal injury actions arise when someone is hurt or their property is damaged because of another person’s actions. There are many types of personal injury cases. The most common include car accidents, medical malpractice, slip and falls, and workplace injuries. Depending on the details of the case, a victim may be entitled to compensation. This can include payment for pain and suffering, medical bills, lost wages, and property damage. To win a personal injury claim, you and your attorney must show that someone else’s negligence caused the injury.

Negligence occurs when someone acts irresponsibly or with a lower level of care than a reasonable person would in the same scenario, which results in causing harm or death to another person.  There are 4 things that need to be proven in order to be considered negligence, these things are as follows: 1) that the defendant owed a duty to the plaintiff, 2) the duty was breached by the defendant’s actions, 3) the injury being claimed is a result of the breach, and 4) damages were caused to the victim. To learn more about negligence, check out our article, “The Role of Negligence in Personal Injury Cases.

Do I have a case?

If you were injured and believe it was someone else’s fault, you may have a personal injury case. Your attorney will listen to your story. They will review your documents and medical records. They may also do additional research to decide if your case is valid.

How much is my case worth?

Every personal injury case is different. That means the settlement amount will vary. Several factors affect your case’s value. These include the severity of your injuries, medical costs, property damage, and lost wages. Your attorney will know what types of compensation you may be eligible for. They will review your specific situation to help determine a fair settlement.

How long do I have to file a claim?

The amount of time that you are allotted to file a personal injury claim is referred to as the statute of limitations.  In Alabama, the SOL for personal injury cases is 2 years from the date that the incident occurred, however the SOL can vary in medical malpractice cases. Medical malpractice cases can be a little tricky because the injury may not be evident until a later date, in this case the SOL becomes 2 years from the date the injury is discovered.

How long will my case take to settle?

There are many factors that can play a part in how long a personal injury case can take to settle. Many personal injury cases settle within about six months, depending on the type of case. Some cases, however, can take years to resolve. Your attorney will work hard to move your case forward efficiently. Be patient and trust that they’re doing everything they can to reach a resolution. Most personal injury cases settle before going to court. However, your case could still go to trial if your attorney and the insurance adjuster can’t agree on a fair settlement.

Do I need to hire an attorney?

Even though you may think you’ll be able to handle the case on your own, hiring a personal injury attorney is always a good idea.  It is a proven fact that personal injury victims who hire attorneys, receive higher settlement amounts than those who choose not to seek legal representation.  Attorneys have the knowledge of knowing everything that you may be reimbursed for as well as experience and training in negotiating, which will get you the largest settlement possible.

Can I afford an attotney?

If you think you may need to hire a personal injury attorney, don’t put off making a consultation appointment due to the fear of cost.  Most personal injury attorneys, including Chris Baldwin, offer free consultations to potential personal injury clients. Additionally, most personal injury attorneys work on a contingency fee basis. You and your attorney will agree on a percentage of your settlement during the consultation. You won’t pay anything upfront. Simply put, your attorney only gets paid if you get paid. 

What should I bring to the consultation?

To ensure that you are prepared for your initial personal injury consultation, you should bring your driver’s license, medical insurance cards, auto insurance cards, police reports, witness list, etc.  While your attorney will be able to request your medical and billing records, requesting your own records or handing over records that you already have in your possession, could speed up the process and cost much less in the long run. To learn more about what to expect at your first consultation, check out our article “Your First Personal Injury Consultation.”

I had a pre-existing condition. Could I still have a case?

In a personal injury case, having a pre-existing condition could make your case more complex, but you could still very well have a valid case.  When filing a claim, a person will not be compensated for pre-existing conditions, however, if the accident caused further damage or worsened the pre- existing condition, you may have the right to be compensated.

What do I do if an insurance adjuster contacts me?

nsurance adjusters will likely contact you. Remember, they work for the insurance company—not for you. Be careful not to share too much information. They may try to get you to say something that hurts your case. One common tactic is getting you to admit some fault for the accident. In Alabama, this is especially risky. It’s a contributory negligence state. That means if you’re even partly at fault, you may not receive any compensation. Never accept a settlement offer without talking to your attorney first. Your lawyer will make sure the offer is fair. Insurance companies are known for starting with low offers.

Conclusion

Navigating a personal injury claim can feel overwhelming, but you don’t have to do it alone. Understanding your rights, the legal process, and what to expect can make all the difference in protecting your health, your finances, and your future. At Chris Baldwin Law, we’re committed to guiding you every step of the way—offering trusted legal advice, aggressive advocacy, and the support you need to move forward. If you’ve been injured due to someone else’s negligence, don’t wait. Schedule your free consultation today and let us help you take the first step toward justice and recovery.

Click Here to schedule your free consultation. You can also schedule your free consultation simply by calling us at (334) 863-4555.

This article is not to be considered as legal advice. If you’ve been injured, don’t hesitate to call Chris Baldwin law. We handle personal injury cases and offer free consultations. Chris will walk with you every step of the way.

There are no upfront costs—we only get paid if we win your case. Let us help you navigate the legal process and fight for the settlement you deserve!

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