When you or a loved one has been injured, it is an overwhelming and stressful time. A personal injury causes pain and suffering and can even prevent you from working and earning a living. If you or a loved one has suffered an injury because of the wrongful actions of another person, a personal injury attorney can help you get the compensation you need—allowing you to recover without worrying about how you will pay your medical bills and support yourself and your family.
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The Alabama personal injury attorneys at Martinson & Beason, P.C. have represented thousands of injured victims and their families over the firm’s 80+ years, and we can help you.
The term personal injury can encompass a wide range of areas, including:
Although these are the majority of the accidents we see, they are not the only scenarios where someone can be injured by the negligence or carelessness of another. Don’t see your type of injury listed above? Contact us to see how we can help.
Very Knowlegable, Professional, Kind and Caring. Our Attorney was Morris Lillienthal and he was able to guide us through the whole legal process. We were able to reach Mr. Lillienthal right after our accident and he and his staff handled every detail. I highly recommend Martinson & Beason, P.C. as well as Morris Lillienthal.
If you have been injured in an accident, there are many steps that need to be taken for optimal results. We will go a bit more into detail about these steps, but this is most likely not what you need at this point in time. Right now, the main question you are asking yourself is likely, “Do I need an attorney?”
If you are indeed asking yourself this question, your safest bet would be to pick up the phone and talk to an experienced Alabama personal injury attorney. If you would prefer to write to us first, request a consultation by filling out the form on our website. We promise to get back to you quickly. We have been accessible to the people of Huntsville, Alabama, and beyond since 1937, and we pride ourselves on the relationships we have built with our clients.
We are here for you—to listen to your story, answer your questions, and offer honest advice about your particular case and what you can and cannot expect as an outcome. By contacting us, you are making no commitment—you are only gathering information so you can make an informed decision. If, after speaking with us, you decide you would like us to represent you through your case, you can be confident that we will fight for every penny you deserve, as we have for countless other Alabama residents throughout the years. You can read about our past verdicts and settlements here.
Unfortunately, accidents happen, and they often result in injury. One moment you are engaged in your day-to-day life—work, school, running errands, or enjoying a little recreation time—and the next, you find yourself injured, facing mountains of medical bills, and perhaps even unable to return to work.
In the blink of an eye, your life is altered in ways you could never have imagined. Even worse, while sometimes an accident is just that—an accident—many times your accident is the result of negligence on the part of another person or entity. Maybe you were on your way home from work when a tailgater slams into you from the rear. You did nothing wrong, yet the results are the same—injuries and financial distress.
Personal injuries cover auto accidents—and, in fact, the majority of personal injury claims are the result of an auto accident (car, truck, motorcycle, bicycle, pedestrian). According to the U.S. Department of Justice, nine out of 10 tort trials involve personal injury, most frequently, motor vehicle accidents, product liability claims, marine (boating) accidents, and medical malpractice claims. Justia notes that automobile accidents make up about 49 percent of personal injury claims, premises liability accidents make up about 22 percent of personal injury claims, and medical malpractice makes up about 12 percent of personal injury claims.
The remainder—classified as “other”—included slip and falls, dog bites, nursing home injuries, construction accident injuries, dangerous drugs and medical device injuries, and wrongful death claims. The bottom line? When you are injured due to the negligence of another, you are likely frightened, confused, and frustrated. The process of resolving your injury claim with an insurance company on your own is likely to be lengthy and aggravating. So, where do you go from here?
First, a determination must be made as to whether your injuries are the result of intentional harm or negligence. Generally speaking, if you were intentionally harmed, the process is much simpler, but if the other person did not intend to harm you, it must be determined whether the other person failed to act in a way that a reasonably careful person would have done, under the same circumstances. It must also be shown that the other person had a “duty of care,” meaning he or she had a duty to avoid acting in the way that harmed you.
For a driver, this means he or she has a duty to follow all traffic rules and laws. For a property owner, this means there is a duty to maintain the property in a way that makes it safe for visitors. A drug manufacturer has a duty to ensure the drug is safe, in the same way the manufacturer of a product has.
Once it has been shown that the person or entity breached their duty of care, it must be shown that this breach directly caused your injuries. Finally, you must be able to connect the dots between the breach of duty of care, your injuries, and the financial toll those injuries will take on you, now and in the future.
You may wonder what financial compensation you are entitled to receive following your personal injury. Generally speaking, you may be eligible for the following:
If you are facing injuries due to the negligence of another, the top-rated Huntsville personal injury lawyers at Martinson & Beason can help you recover financially, emotionally, and physically. Our highly-skilled, experienced attorneys will ensure you get through this overwhelming, stressful time in the best way possible.
When someone is injured by the wrongful conduct of another, the skilled personal injury lawyers at Martinson & Beason, P.C. will work tirelessly to pursue the just compensation our client deserves. This compensation includes recovery for things such as lost wages, medical expenses, pain and suffering, property damage, and emotional distress. To learn more about the factors that affect the value of your claim, visit our page, “What Is My Claim Worth?”
The timeframe within which to bring a lawsuit or claim is known as the statute of limitations. The statute of limitations in a case varies from jurisdiction to jurisdiction or state to state. Here in Alabama, the statute of limitations period can vary from the type of claim you’re going to bring. If you’re bringing what’s called a negligence claim, for something like a car accident, it’s two (2) years.
One of the first steps in the personal injury process is to gather the evidence. Depending on the nature of your accident, we will send out an investigative team to take pictures of the scene, collect samples, and talk with witnesses so that we have the necessary information to build a solid case for your right to compensation. This is often the case with car accidents. We are thorough and meticulous in this beginning stage so that we can be prepared for whatever comes our way. If we have to take your case to trial, we will be ready.
At the same time, your goal is to focus on recovering. You are our number one priority, and we will do everything we can to put you in the care of the best medical professionals out there. We want you to get better. We cannot know how much your claim is worth until we know the extent of your damages, and we cannot know the extent of your damages unless you get proper medical attention.
Think of this as the recovery phase. This can be one of the longest phases, and it varies from person to person. Your recovery time depends on several factors, such as the severity of your accident, the extent of your injuries, and your state of health prior to the accident. This phase should not be rushed, as injuries can surface months and sometimes years down the road. It is important that you seek medical care immediately, so that your injuries are fully documented from the start and so that the long-term effects have time to surface before your window of time for filing your lawsuit runs out. While you are focusing on recovering, we are building your case, dealing with the insurance companies, employing our network of external professionals (if need be), and managing the complex legal side of things.
Our Alabama personal injury lawyers handle all personal injury cases on a contingency fee basis, which means we do not charge you a fee until and unless we make a recovery for you.
If you or a loved one has suffered a personal injury, contact an experienced and dedicated Alabama injury attorney at Martinson & Beason, P.C. The evaluation is free and confidential.
Email us or call us at (256) 533-1667.
Until it happens to them, most people are unfamiliar with the legal process associated with a personal injury claim. The process can be time-consuming—not to mention confusing—however, the good news is that personal injury claims do generally follow a reasonably predictable step-by-step path. Your first step—and possibly the most important of all—is hiring a personal injury attorney. While you do not necessarily have to have an attorney for a personal injury claim, it is almost a certainty that you will receive a better settlement offer when you are represented by an experienced Martinson & Beason personal injury lawyer. Further, if your case should go to trial, you will need an experienced trial lawyer by your side to give you the best chance of recovery.
The first step in choosing a personal injury attorney is to do your research! Talk to friends, family members, and co-workers who have hired a personal injury attorney and ask them about the lawyer they hired. Were they happy with the results? Did the attorney answer their calls and texts promptly? Did they feel as if the lawyer had their best interests at heart? You can also research personal injury attorneys on the Internet, reading reviews, and researching the attorneys on websites such as avvo.com. After you have narrowed your list, set up meetings with each attorney on your list. Almost all personal injury attorneys offer free consultations. During this meeting, the attorney will answer your questions, evaluate your personal injury claim, and lay out your options.
It is important to ask the lawyers you interview about their experience, specifically with cases like yours. While you want an attorney you feel comfortable with, you also want the best person for the job. In much the same way, while it is nice if you like your surgeon, in the end, you want the surgeon who has the most experience in surgery like yours. Once you have chosen your attorney, you will discuss fees—most personal injury attorneys work on a contingency basis, meaning they do not receive any money unless they secure a settlement on your behalf.
The statutes of limitations in each state dictate the amount of time a person has to bring a personal injury claim. Once the statutes have passed, you can no longer file a claim. In the state of Alabama, the statutes of limitations for personal injury claims is two years; the statute for a medical malpractice claim is also two years, although there are exceptions. If your claim is against the federal government, you have two years in which to file a formal notice of claim, however, if that claim is denied, you only have six months from the date of the denial to file a personal injury lawsuit. The statutes of limitations for Alabama wrongful death claim are also two years but, like medical malpractice claims, certain factors can alter the time period, so it is wise to contact a personal injury attorney as quickly as possible.
The stages of a personal injury claim may be divided between pre-lawsuit vs. lawsuit. In the pre-lawsuit stage, the insurance company may agree to settle for the amount you are asking. Once you have an attorney on board, the pre-lawsuit process for your personal injury claim begins. Your personal injury lawyer will investigate your accident, speak to witnesses, request your medical records to determine the extent of your injuries, and complete other similar incident discovery. A demand letter will then be sent from your lawyer to the defendant’s insurance company.
This letter will detail why the defendant is liable, a summary of your injuries, what medical treatments you have undergone, and what treatments you will likely require in the future, the cost of these treatments, how much time you missed from work because of your injuries, and a detail of other damages, including pain and suffering, and property damage.
At this point, the insurance company could agree to pay, or they could issue a denial letter based on lack of evidence, a belief the defendant did not cause the accident, a belief your injuries were not the result of the accident or any other reason they may choose. If they will not pay at all—or will not pay as much as your attorney is asking, then your attorney will file a complaint. A complaint is a notice to the court that you are seeking compensation for your injuries and other damages.
Following the demand letter and complaint comes discovery. Discovery is an integral part of the legal process during which both sides gather evidence, share certain evidence, investigate the claim, question those involved, and speak to any witnesses. Medical bills, police reports, insurance reports, and wage information will all be gathered during discovery.
Depositions of the parties, witnesses, experts, and doctors will be taken to prepare the case for trial. If a settlement simply cannot be reached, then a trial will be scheduled. During the trial, expert witnesses may be called to testify on your behalf, and the defendant’s attorney may also call expert witnesses to refute your claims. Essentially, the court hears from both sides, then either the judge or a jury makes a decision as to liability and damages. While many cases do settle prior to trial, the Martinson & Beason attorneys prepare every case for trial so we will be thoroughly prepared if it does go to trial. Moreover, this preparation is the best way to secure the best settlement possible.
We are here to help you 24 hours a day, 7 days a week. Your recovery is our top priority. Contact us for a free consultation and start your recovery process right now.
I have had a wonderful experience during my time if need. I was in a major car accident that changed my life. I had the honor of working with a great team of people who cared. Martinson & Beason is a professional and caring law firm that truly makes everything easy and informational. I would recommend them to anyone for their needs and making things simple.
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Reach out to a team whose foundation has been built right here in Alabama. Since 1937, we have served injured individuals across the state, fighting for the rights and needs of those who deserve compensation for their injuries.
Call our personal injury attorneys now for a free consultation to find out how we can help you during this difficult time.