Montgomery Personal Injury Lawyer

Helping You Move Forward With Money In Your Pocket

“Montlick is professional and also warm and caring. I feel like they have my needs at heart.”
The U.S. Bureau of Labor Statistics found that in 2022, employers reported 33,500 nonfatal workplace injuries and illnesses in Alabama. Accidents in the workplace are far too common and many accidents are often unintentional, occurring due to negligence or oversight. Those who sustain injuries in an accident caused by the negligence of others should seek compensation for their damages through a personal injury claim.
The Montgomery personal injury lawyers at Montlick take your case personally. We offer experienced representation for accident victims in Montgomery and are vigilant in fighting for the compensation you deserve.

What Is a Personal Injury Case?
On a basic level, a personal injury case involves an individual who has suffered some form of bodily harm due to the negligence or recklessness of another person or entity. This harm could take the form of physical injuries, psychological trauma, financial losses as a result of these injuries, or any combination thereof. Generally, to qualify as a valid claim, there must be evidence that shows that another party was responsible for the harm caused and that the injured party was not wholly at fault.

Assisting in All Types of Personal Injury Cases

With over 40 years of experience in the field of personal injury law, Montlick offers help to those injured in any type of accident due to someone else’s negligence. Examples of the types of accidents our attorneys assist include, among others:

Motor Vehicle Accidents
An unfortunate but very common type of personal injury case, automobile accidents can leave accident victims with serious and debilitating injuries that require costly care.. Victims of motor vehicle accidents can feel frustrated by the insurance claims process, especially when they are experiencing pain and trauma from the wreck. Insurance companies will fight against you, trying to minimize your claim. We fight for you, taking on the insurance companies on your behalf to maximize your compensation and minimize your stress.

Catastrophic Injuries
Severe injuries that result in long-lasting harm may include spinal cord injuries, traumatic brain injuries, disfigurement, amputation, paralysis and others. These injuries require significant compensation to cover their potentially lifelong effects. Our attorneys understand the severity of these injuries, as they often involve staggering medical expenses, lost income, drastic reduction in quality of life and potentially lifelong disability. Montlick is dedicated to our clients and we fight hard for each and every catastrophic injury victim.

Slip and Fall Injury
Slips, trips, and falls can occur at nearly any establishment, sometimes resulting in significant injuries. If you are injured on someone else’s property and your injury is caused due to someone else’s negligence, you may be entitled to compensation for your injuries.

Medical Malpractice
If a medical treatment or procedure goes wrong due to the negligence of a medical professional, you should consult with Montlick’s experienced medical malpractice attorneys. Medical malpractice involves complex legal issues that can prove challenging to plaintiffs. Our firm offers the dedicated representation you need to obtain the compensation you deserve.

Types of Damages Recoverable in a Personal Injury Claim

The damages you can collect in an Alabama personal injury case fall into two general categories:

• Compensatory damages
• Punitive damages

Compensatory Damages
Compensatory damages include economic and non-economic damages. Economic damages include out-of-pocket expenses for medical bills, lost wages and benefits, and physical or property damage. Noneconomic damages are intended to compensate you for more intangible losses like pain and suffering, emotional distress, and disability.
In most cases, Alabama law doesn’t have a limit or cap for compensatory damages. If you can prove all the economic and non-economic damages you’ve suffered, you could receive the full amount compensation you’re claiming. There are two exceptions: damages against the government and wrongful death cases.

Exception: Damages Against the Government
According to AL Code § 11-93-2 (2013), Alabama’s government’s damage liability is capped at $100,000 per person and $300,000 per accident. This also applies to wrongful death cases.

Exception: Wrongful Death Cases
In nearly all states, when a person is wrongfully killed, family members can collect compensatory damages for losses like funeral expenses, lost income and support and more. Not in Alabama. In an Alabama wrongful death case, family members can only collect punitive damages against the party responsible for the death.

Punitive Damages
Punitive damages are not focused on compensation for your losses. Punitive damages are focused on justice and consequences, punishing the wrongdoer and attempting to deter others from behaving similarly.

To win punitive damages in Alabama, you must prove by “clear and convincing evidence” that the party who injured you “consciously or deliberately engaged in oppression, fraud, wantonness, or malice… .” (Ala. Code § 6-11-20(a) (2022).) This is very demanding evidence, and likely requires proving that the party who hurt you acted intentionally, or knew with a high degree of certainty that you’d be injured by their actions.

Personal injury claims can get convoluted with confusing standards, jargon, and expected evidence. A personal injury lawyer at Montlick can evaluate your claim, determine whether you have a viable case, and advise you on the steps that are necessary to protect your rights–all for zero cost upfront.

What is Alabama’s Statute of Limitations?

Under Alabama Code Title 6. Civil Practice § 6-2-38, a lawsuit “for any injury to the person or rights of another” must generally be filed in court within two years from the date of your injury. If you miss this legal deadline, you could lose your legal right to seek compensation.

This two-year limitations period generally also applies to wrongful death lawsuits, libel or slander lawsuits (aka defamation), medical malpractice, legal malpractice lawsuits, and personal injury claims against an employer.

Some cases may have exceptions. Alabama law has special statutes of limitation for certain kinds of personal injury cases. For product liability cases for example (cases where injuries were caused by a defective or dangerous product) you typically must file your lawsuit within one year from the date you were injured according to AL Code § 6-5-502 (2014).

Some More Exceptions to the Two Year Deadline:

Minors
If the injured person was under 19 years old on the date they were injured, the statute of limitations clock generally doesn’t start running until the person turns 19.

Discovery Rule
What if you didn’t know you were injured exactly at the moment it happened? What if the pain came later? The discovery rule might be able to temporarily stop the clock from running until the date you actually discovered that you were injured.

For example, if you were hurt because of medical malpractice, but you weren’t aware of your injury when it happened, Ala. Code § 6-5-482(a) (2023) says you can file a medical malpractice lawsuit within six months from the date you discovered or should have discovered the malpractice.

Absence From the State
If the party responsible for your injury is “absent from the state,” the statute of limitations period generally temporarily stops running during the absence.

Don’t miss the window. Call Montlick today.

No matter where you are, Montlick is on your side. Our experienced attorneys can help evaluate your claim, determine the best steps to take, and support you with moving forward. Call us 24 hours a day/7 days a week for your Free Consultation at 1-800-LAW-NEED^®. You can also visit us online at www.montlick.com and use our Free Case Evaluation Form or 24-hour Live Online Chat.