Category: Personal Injury

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 […]

Dec 31, 2025 - Car Accidents by Cross & Smith

According to the National Highway Traffic Safety Administration, the holiday season between Thanksgiving and New Year’s Day can be particularly treacherous on the road. Statistics show a particular rise in fatal car accidents. Road conditions can be dangerous. Many people travel on unfamiliar roads to see family and friends, and often alcohol is involved in these gatherings. Add to this unpredictable weather conditions, and bad things can happen. So be prepared, plan ahead, and protect yourself. Among the top causes of winter road accidents are the following: Visibility Issues: Icy or snow-covered windows can reduce visibility for drivers. Before you get on the road, wipe down your windshield, windows, and mirrors. Make sure your windshield wipers are in good condition; otherwise, visibility will be impaired when driving through rain, snow, or icy conditions. Tailgating: Tailgating is a major cause of winter road accidents. If you are following too closely to the car in front of you and need to quickly slam or pump your brakes because you’ve hit a wet or icy patch, a rear-end collision is the likely result.  Mechanical Problems: If you fail to keep your car properly maintained, you may encounter issues that can lead to winter road accidents. Faulty brakes and bald tires are prime culprits. Before you head out, check that there is adequate tire tread on your front and back tires. Check your spare tire as well.  Invisible Ice: It’s often hard to spot a patch of ice, which can spin your car out […]

Sep 30, 2025 - Personal Injury by Cross & Smith

Fall sports are in full swing! Even though we don’t have a professional sports team in Alabama, no state can compare with our passion for high school and college sports, particularly football. Storied Alabama college football rivalries include Alabama vs. Mississippi State, Alabama vs. Oklahoma, Alabama vs. Georgia, and, of course, Alabama vs. Auburn. 

Aug 29, 2025 - Personal Injury by Cross & Smith

You’ve probably been reading a lot about artificial intelligence recently – how it has started to significantly impact day-to-day life, including in education, the healthcare sector, logistics, and manufacturing. It likely won’t surprise you, then, to learn that artificial intelligence has now come to personal injury litigation. 

Jul 31, 2025 - Personal Injury by Cross & Smith

Personal injury law includes a concept known as premises liability. Premises liability sets out the rights and obligations of the parties when a person is injured on the property of another. Think about all of the ways that someone can be hurt on another person’s property: there can be swimming pool accidents, burn accidents, construction accidents, and others. But one of the most common premises liability accidents is slip and fall cases.

Jun 30, 2025 - Personal Injury by Cross & Smith

Personal injury law in Alabama, also known as tort law, seeks to address the issue of compensation for plaintiffs injured in automobile accidents, swimming pool accidents,  motorcycle accidents, and similar accidents. It provides a framework for determining liability and recovering damages for medical costs, lost wages, other out-of-pocket costs, emotional distress, loss of companionship, and other types of harm.

May 30, 2025 - Personal Injury by Cross & Smith

Personal injury law in Alabama seeks to make individuals whole for the losses and damages they have suffered due to the actions of others. Personal injuries can be the result of car accidents, toxic torts, swimming pool accidents, and a variety of other types of accidents, catastrophic or not. In personal injury law, an act that creates liability for compensation can result from another person’s negligence, willful misconduct, or strict liability.

Apr 30, 2025 - Personal Injury by Cross & Smith

Personal injury in the state of Alabama takes many forms: car accidents, medical malpractice, wrongful death, and many others. One type of personal injury that doesn’t get a lot of attention is dog bites. But it should. According to the U.S. Centers for Disease Control, nearly 5 million people report dog bites each year, and 60% of the injured are children. Dog bites are dangerous and disfiguring, and can even result in death. What remedies are available to people who are victims of dog bites?

Dec 31, 2024 - Personal Injury by Cross & Smith

Personal injury is a legal cause of action based on tort law. It allows plaintiffs to recover for the injuries they suffered due to the negligence or willful or intentional misconduct of the defendant or defendants. Personal injury in Alabama includes such things as medical malpractice, vehicle accidents, swimming pool injuries, and other accidents or injuries related to you and your body. 

Nov 29, 2024 - Personal Injury by Cross & Smith

What if you’ve been injured in a truck accident, car accident, swimming pool injury, or some other accident that was caused by the negligence of another? Can you represent yourself in Alabama? The short answer is yes, but most people with experience in the law don’t recommend it. Nearly all attorneys who represent harmed individuals in an Alabama personal injury case work on a contingency fee, which means you won’t owe them any fees unless you win your case.