Practice Areas

Jan 30, 2026 - Personal Injury by Cross & Smith

Personal injury claims are legal actions instituted by a plaintiff against a defendant who has allegedly caused the plaintiff harm through negligence or intentional actions. Common personal injury claims include wrongful death, bus accidents, and similar causes of action. In order to prevail in a personal injury case in Alabama, the wronged party must prove the following legal elements: The defendant owed a duty of care to the plaintiff The defendant breached the duty of care The breach of the duty of care was the cause of the plaintiff’s injury The injury resulted in compensable damages Statistics suggest that 90 percent or more of Alabama’s personal injury lawsuits are settled before they go to trial. One reason is the expense of trials versus the cost of negotiating a settlement with an insurance company. Another reason is the uncertainty a plaintiff faces in a courtroom trial. If you have a personal injury claim and have decided to seek a settlement, should you hire an attorney? The Settlement Process Most personal injury cases begin with negotiations with insurance companies before considering filing a lawsuit. This process follows predictable patterns regardless of the insurance company: The plaintiff files a demand letter outlining the injuries sustained, the liable party, and a request for compensation. The insurance company responds, typically undervaluing the claim significantly. The parties exchange counteroffers, as they hopefully move toward a middle ground. Settlement discussions intensify as litigation deadlines approach. Insurance negotiations often resolve cases without court involvement, though success requires skilled […]