Personal Injury Attorneys in Mobile, AL

The value of a personal injury claim depends on the severity of your injuries, their long-term impact, and the losses you can prove. Alabama generally does not cap compensatory damages in ordinary personal injury cases. Those damages cover economic losses and non-economic losses. Depending on your circumstances, your recovery may include:

• Medical expenses: Past and future treatment, surgery, rehabilitation, and medication.
• Lost income: Missed wages and reduced future earning capacity.
• Property damage: Repair or replacement of damaged property.
• Pain and suffering: Physical pain and loss of enjoyment of daily activities.
• Emotional distress: Anxiety, depression, and other psychological effects.
• Permanent injuries: Disability, scarring, and disfigurement.
• Loss of consortium: Damages that may be available to an injured person’s spouse.
• Punitive damages: Available for serious misconduct, such as wantonness. Under Ala. Code § 6-11-21, awards in physical injury cases are generally capped at the greater of $1.5 million or three times compensatory damages, subject to adjustments and exceptions. Wrongful death claims are exempt.

In serious injury cases, available insurance coverage may limit recovery more than the law itself. Compensation may come from policies held by individuals, businesses, property owners, or employers, as well as your own insurance. If one policy falls short, we investigate other responsible parties and available coverage.

Some claims follow different rules. Under Ala. Code § 6-5-410, Alabama wrongful death lawsuits allow punitive damages only, rather than compensation for a family’s financial losses. Claims against the City of Mobile or Mobile County may also be subject to special notice requirements and damages limits of $100,000 per person and $300,000 per occurrence under Ala. Code § 11-93-2.

Be cautious about accepting an early settlement. An initial offer may not account for future treatment, ongoing income losses, or permanent limitations. Once you sign a release, you generally cannot pursue additional compensation for the same claim. Have a Mobile personal injury lawyer at our firm review the offer before making a final decision.

Alabama follows pure contributory negligence, meaning even a small degree of fault on your part can bar recovery entirely. Unlike comparative negligence states, Alabama does not simply reduce compensation based on your share of fault.

Exceptions include claims involving wanton conduct and certain situations where the defendant had the last clear chance to prevent the injury. Whether an insurer blames you for a collision, claims you ignored safety procedures at a construction site, or argues you should have noticed a dangerous condition, your personal injury attorney can challenge allegations of fault that the evidence does not support.

Under Ala. Code § 6-2-38, most personal injury lawsuits in Alabama must be filed within two years of the injury. Wrongful death lawsuits generally have a separate two-year deadline measured from the date of death under Ala. Code § 6-5-410. Some claims have much shorter deadlines and requirements:

• Medical malpractice: Generally, two years from the medical error, with a limited discovery extension and a four-year outside limit, subject to exceptions.
• Injured minors: The filing period is generally paused until the child turns 19, subject to exceptions, although a parent’s separate claim for the child’s medical expenses may follow a shorter deadline.
• Claims against the City of Mobile: Generally, a six-month deadline to formally notify the city of your injury claim.
• Claims against Mobile County: Generally, a 12-month deadline to present your claim to the county.
• Claims against the State of Alabama: Certain claims handled by the Alabama Board of Adjustment generally must be filed within one year.

Two years might sound like plenty of time, but the evidence your case depends on won’t wait. Footage gets erased, witnesses forget details, and accident scenes change. Contact our Mobile personal injury lawyers as soon as possible so we can identify the deadlines that apply, send preservation letters, and secure critical evidence before it disappears.

You do not have to figure this out alone or on the insurer’s timeline. Tell a Mobile personal injury lawyer at Caldwell Wenzel and Asthana Personal Injury Lawyers what happened, learn how Alabama’s fault and filing rules apply, and then choose your next step. The consultation costs nothing, and if you cannot travel, we will meet you where you are recovering.