The Birmingham personal injury claims process starts with an injured accident victim filing a civil claim against one or more persons or parties who are allegedly responsible for causing the injuries being claimed. The victim or filing party becomes the plaintiff and the at-fault party is the defendant. Once the claim is filed, the defendant will have a certain number of days to respond to the claim in writing.
If the defendant accepts liability for the claim being made, it will offer a settlement and the two parties will enter into negotiations to determine an amount that is adequate to resolve the legal dispute. If the defendant denies liability, the plaintiff can bring the defendant to trial with a personal injury lawsuit.
You will file your lawsuit in the civil courthouse in the county where your accident took place or where you reside. If your case does go to trial, a judge will assign you a court date. You may have to wait several months for your day in court, depending on how busy the courthouse is in your jurisdiction. While you wait for your court date, you can hire an attorney if you have not already done so and start gathering information during the discovery phase.
The injury trial itself will involve the presentation of evidence and testimony given by witnesses to support your claim. If the jury rules in your favor, it will award an amount in financial compensation that it deems reasonable and appropriate based on the defendant's actions and your losses. If the jury does not believe that you met your burden of proof, your attorney may be able to file an appeal. Note that personal injury jury trials are rare. Most cases in Alabama end in insurance settlements.