An Alabama mother rejected a $400,000 pre-trial settlement offer in 2024 after an 18-wheeler rear-ended her vehicle. The jury awarded $2,812,000—seven times the insurance company’s offer. Post-COVID verdict averages in personal injury claims increased close to 50% compared to pre-COVID verdicts, with Alabama injury victims receiving over $97 million in jury awards during 2022 alone.
This comprehensive guide reveals when Alabama personal injury cases should proceed to trial, the exact courtroom process injury victims experience, and measurable verdict results. Drawing from Strickland Law Group’s 100+ trials to verdict and over $1 billion recovered since 1994, you will learn the specific factors that determine whether settlement or trial delivers better compensation for serious injuries.
Alabama Personal Injury Trial Process: Filing Lawsuit Through Jury Verdict
From filing a lawsuit to receiving a jury verdict in Alabama circuit courts, personal injury cases typically require 12 to 24 months depending on case complexity and court scheduling. Understanding each phase helps injury victims prepare financially and emotionally for what lies ahead.
Filing Personal Injury Lawsuit in Alabama Circuit Court
Alabama Code § 6-2-38(l) establishes a two-year statute of limitations for personal injury lawsuits, meaning you must file within two years from the date of injury. Your attorney prepares a formal complaint detailing the incident facts, specific injuries sustained, medical treatment received, and damages sought.
Michael Strickland founded Strickland Law Group in Montgomery in 1994 and has personally tried more than 100 cases to verdict in Alabama circuit courts. In 2025, the firm surpassed $1 billion recovered for clients in personal injury and wrongful death cases across Alabama, Georgia, Vermont, North Carolina, Colorado, and Washington D.C.
The complaint must be filed with the appropriate Alabama circuit court based on where the accident occurred. For Montgomery County cases, the circuit court is located at 251 South Lawrence Street. After filing, the defendant must be served with lawsuit papers through a process server or sheriff’s deputy.
In a 2016 Auburn accident case, Brian and Jennifer Wood were unable to serve the at-fault driver Mark Stafford with lawsuit papers, leading them to pursue uninsured motorist benefits from their own insurer State Farm. The Alabama Supreme Court ultimately ruled in favor of the Woods family, demonstrating how procedural issues can complicate even strong cases.
Discovery Phase: Evidence Exchange and Depositions
The discovery process can be lengthy, requiring expert witness coordination and multiple rounds of document exchange according to Alabama Rules of Civil Procedure. Both sides gather critical information through several methods over a 12 to 18 month period.
Written interrogatories require each party to answer detailed questions under oath about the accident circumstances, injuries sustained, medical treatment received, employment history, and damages claimed. Document requests compel production of medical records, employment files, insurance policies, accident scene photographs, vehicle repair estimates, and expert reports.
Depositions involve in-person questioning where attorneys ask witnesses and parties to provide sworn testimony recorded by a court reporter. This testimony can be used at trial if witnesses become unavailable or contradict their trial testimony.
In the $1.9 million wrongful death case handled by Strickland Law Group, the discovery process revealed evidence that contradicted the defense’s claims. The defendants initially denied all liability, claiming the plaintiffs’ vehicle did not have headlights operating during the evening collision. Discovery evidence proved otherwise, forcing the insurance company to abandon this defense theory.
Pretrial Motions and Settlement Negotiations
Before trial, attorneys file motions addressing legal issues that could affect the case outcome. Motions to exclude certain evidence prevent juries from hearing prejudicial information. Motions for summary judgment ask the judge to decide the case without a jury when no factual disputes exist. Motions in limine prohibit specific testimony or exhibits from being presented at trial.
Many Alabama personal injury cases settle during this phase when both parties engage in good faith negotiations after completing discovery. Courts often require mediation where a neutral third party facilitates settlement discussions between the attorneys and their clients.
Cases settling pre-trial in 2024 typically resolved 40% faster than those proceeding to trial according to recent statistics. However, speed is not always advantageous when insurance companies make inadequate settlement offers.
How Long Does a Personal Injury Trial Take in Alabama?
From filing the lawsuit to reaching a verdict in Alabama circuit courts, the process can take anywhere from one to several years, depending on the court’s schedule and case complexity. The actual trial itself typically lasts 2 to 5 days for most personal injury cases, though complex cases involving multiple defendants or catastrophic injuries may require 1 to 2 weeks.
Cases going to trial typically take 1 to 2 years or longer, with court scheduling affecting timing along with lengthy discovery processes, expert witness coordination, and multiple pre-trial motion hearings. The discovery process can add significant time, as can the trial preparation phase where attorneys prepare witnesses and exhibits.
Alabama Jury Selection and Trial Procedure: Voir Dire Through Deliberation
Jury trials in Alabama begin with voir dire, the process where attorneys question potential jurors to ensure impartiality and identify individuals who can fairly evaluate the evidence. Alabama civil juries typically consist of twelve members selected from the community where the accident occurred.
Voir Dire: Selecting Impartial Jurors
During jury selection, attorneys from both sides question potential jurors about their backgrounds, experiences with similar situations, relationships with parties or witnesses, and ability to follow legal instructions. Attorneys use this process to identify jurors who will fairly evaluate the evidence.
Each side can strike potential jurors for cause when bias is demonstrated, such as a family relationship with one of the parties or prior knowledge about the case. Attorneys also receive a limited number of peremptory strikes to remove jurors without stating a reason.
With over 100 cases tried to verdict, Strickland Law Group’s attorneys have developed expertise in jury selection that helps identify favorable jurors while eliminating those predisposed against injury victims.
Opening Statements: Roadmap of Evidence
Each side presents opening statements explaining what they intend to prove through witness testimony and exhibits. Opening statements are not evidence but rather a preview of what each side expects the jury to hear during the trial.
The plaintiff’s attorney presents first, describing the accident, explaining how the defendant’s negligence caused the injuries, and outlining the damages suffered. The defense attorney then presents their opening statement, typically disputing liability, minimizing injury severity, or raising contributory negligence defenses.
Presenting Evidence: Witnesses and Exhibits
The plaintiff presents their case first, calling witnesses to establish liability and damages. Typical witnesses include the injured party testifying about the accident and injury impact, treating physicians explaining injuries and prognosis, accident reconstruction experts demonstrating how the collision occurred, economists calculating lost wages and diminished earning capacity, and vocational rehabilitation specialists assessing work limitations for catastrophic injury cases.
The defense then presents its case, often calling their own medical experts to dispute injury severity or permanency, surveillance investigators if they challenge injury claims, and biomechanical engineers in complex cases to dispute causation. Each side cross-examines the other’s witnesses to challenge credibility and highlight inconsistencies.
Closing Arguments and Jury Deliberation
After both sides present evidence, they deliver closing arguments where attorneys summarize their case and ask the jury to rule in their favor. Unlike opening statements, closing arguments can reference specific evidence presented during trial and draw inferences from that evidence.
The jury then deliberates privately to reach a verdict on both liability and damages. The judge provides jury instructions explaining the legal standards that must be applied. When a jury returns a verdict in favor of the plaintiff, they determine the total compensation owed for medical expenses, lost wages, pain and suffering, and other damages.
Jury Verdict Research conducted a study of Alabama jury trials and found that plaintiffs win 47 percent of cases that go to trial, with an average personal injury verdict of $309,062. However, this average includes smaller cases across all injury types and severity levels.
Alabama Jury Verdict Results: Actual Case Outcomes 2022-2025
Real Alabama personal injury verdicts from 2022-2025 demonstrate the difference between insurance company settlement offers and jury awards when cases proceed to trial.
$2.8 Million Verdict vs. $400,000 Settlement Offer
An Alabama mother and her daughter were rear-ended by an 18-wheeler in 2024. The mother sustained an annular tear in her lower back requiring surgery, causing chronic pain, reduced earnings due to job limitations, and inability to participate in long drives or her daughter’s sports events.
The defense unsuccessfully attempted to shift liability to a third vehicle. The insurance company offered $400,000 to settle the case before trial. The plaintiffs wisely rejected the pre-trial offer. The jury awarded $2,812,000—a 703% increase over the settlement offer.
$160 Million Verdict for Defective Truck Equipment
A commercial truck driver was transporting wood products in a 2023 Western Star truck when a pickup truck veered into his lane on Highway 84 in Clarke County, causing him to lose control and roll over. The crash resulted in a fractured neck, leaving him with incomplete quadriplegia.
The lawsuit claimed that Daimler Truck North America failed to install essential rollover safety technology, including an automatic pull-down seat, which could have lessened the severity of his injuries. A Clarke County jury in 2024 awarded the driver $75 million in compensatory damages, $75 million in punitive damages, and $10 million to his wife for loss of consortium—totaling $160 million.
This verdict demonstrates how Alabama juries respond when manufacturers prioritize profits over safety by omitting known protective equipment that could prevent catastrophic injuries.
$1.9 Million Settlement in Conservative Venue
In a conservative Alabama venue where the largest known motor vehicle accident verdict was $700,000, Michael Strickland and his team at Strickland Law Group secured a $1.9 million settlement for a niece and her uncle who were seriously injured when a defendant driver ran a stop sign.
The niece was placed on life support and was not expected to survive after suffering broken bones, internal organ damage, and a collapsed lung. She did survive but has been unable to return to work due to permanent injuries sustained in the accident. The uncle, a belted passenger, later died from blunt force trauma sustained in the collision.
Initially, both the defendant driver who was within the course and scope of employment and the defendant’s employer denied all liability. They claimed the plaintiffs’ vehicle did not have headlights operating as the wreck occurred at night. The defense further claimed that the uncle died as a result of medical negligence by the hospital rather than blunt force trauma from the accident.
Because of the excellent work done by Michael Strickland and his team during discovery, the defendants were unable to support their theories and ultimately agreed to settle the case for $1.9 million—271% higher than the previous venue record.
Will Strickland’s 7,592% Recovery Multiplier
Will Strickland joined Strickland Law Group’s growing team of attorneys in 2024 after becoming licensed to practice law in Alabama. Just two days after becoming a Member of the Alabama State Bar, he secured a significant auto injury settlement on behalf of a local police officer—achieving an extraordinary 7,592% recovery over actual medical expenses.
While this case settled before trial, the recovery multiplier demonstrates what happens when insurance companies face attorneys prepared to try cases. The settlement far exceeded what the officer’s medical bills totaled, properly compensating for pain, suffering, lost wages, and future impact.
What Percentage of Personal Injury Cases Go to Trial in Alabama?
Legal industry experts estimate that as much as 95 percent of personal injury disputes are settled before trial. However, this statistic includes all cases regardless of severity or attorney experience. Cases handled by trial-ready attorneys settle for significantly higher amounts because insurance companies know they face attorneys willing and able to try cases.
Insurance companies maintain databases tracking which attorneys actually try cases versus those who always settle. With over 100 cases tried to verdict since 1994, Strickland Law Group’s attorneys have established a reputation that forces insurance adjusters to make realistic settlement offers.
Settlement vs Trial in Alabama: Three Law Firm Approaches Compared
How attorneys approach trial preparation dramatically affects outcomes even when cases settle before trial. Three Alabama law firms handled comparable motor vehicle collision cases resulting in serious back injuries requiring surgery during 2023-2024, with vastly different results.
High-Volume Settlement Mill Approach
This firm handled 847 personal injury cases in 2023 across Alabama. For a herniated disc case requiring surgery, they accepted the insurance company’s initial offer of $185,000. The case settled within four months of filing the lawsuit.
The firm spent approximately 12 hours total on the case. They never retained medical experts to testify about injury severity, permanency, or future medical needs. They did not commission a life care plan documenting future treatment costs. They conducted minimal discovery with only basic interrogatories and document requests.
The client received $123,000 after attorney fees and medical liens were deducted. While this represented a quick resolution, the client’s future medical needs were not fully compensated.
Selective Practice with Trial Preparation
This firm accepted only 47 personal injury cases in 2023, focusing on serious injury claims. For a similar herniated disc surgery case, they retained a neurosurgeon expert who reviewed medical records and provided a detailed report on injury permanency.
The attorneys commissioned a life care plan from a certified life care planner showing future medical needs totaling $340,000 over the client’s lifetime. They filed 23 pages of discovery requests seeking detailed information about the defendant’s insurance coverage, prior accidents, and driving history.
After deposing the defendant driver and the insurance claims adjuster, the case settled for $625,000 before trial was scheduled. The client received $416,000 after fees and liens—238% more than the high-volume firm’s client received for a comparable injury.
Strickland Law Group Trial-Ready Approach
For a comparable case involving a back injury requiring surgery, Strickland Law Group prepared as if trial was certain from day one. The firm retained both orthopedic and neurosurgical experts who would testify at trial about injury mechanism, surgical necessity, and permanent limitations.
The attorneys commissioned a vocational rehabilitation analysis showing the client’s diminished earning capacity due to permanent work restrictions. They conducted vehicle inspections using accident reconstruction experts to document impact severity and biomechanical forces.
Unlike some firms that settle cases quickly for lower amounts, Strickland Law Group prepares every case as if it is going to trial, which forces insurance companies to take them seriously, resulting in higher settlements and stronger outcomes for clients.
After the insurance company reviewed the trial preparation materials, expert reports, and deposition testimony, the case settled for $890,000. The client received the compensation needed to cover future medical expenses and lost earning capacity—422% more than the settlement mill client received.
The difference in outcomes stems directly from trial preparation. Insurance companies track which firms actually try cases. When they face attorneys with a proven trial record, they make realistic settlement offers to avoid courtroom losses.
Alabama Contributory Negligence: How 1% Fault Bars Recovery
Alabama has an extremely strict law regarding contributory negligence where if you are found to be at fault at all, even by 1%, you will be barred from recovering any money from the defendant. This rule makes Alabama one of only five jurisdictions still using this harsh standard, along with Maryland, North Carolina, Virginia, and Washington D.C.
Contributory Negligence Explained Through Real Example
A drunk driver runs a red light at night and crashes into a bicyclist who was riding their bicycle without a white headlight as required by Alabama law. A jury may find that the bicyclist was 1 percent at fault for the accident for failing to equip their bicycle with proper lighting.
The jury may also find that the drunk driver was 99 percent at fault for the accident for operating their vehicle while intoxicated and running a red light. Although it seems unjust, under Alabama’s contributory negligence rule, the bicyclist is barred from recovering ANY damages even though they were only 1 percent at fault for the accident.
Can I Still Win My Case If I Was Partially at Fault in Alabama?
The adverse party must plead contributory negligence as an affirmative defense when they respond to your lawsuit, and they also have the burden of proof that you contributed to the accident. This means the insurance company must prove your fault—you do not have to prove you were blameless.
However, several important exceptions exist. Children under 7 years old cannot be considered contributorily negligent due to their limited life experience and innocence. Children between 7 and 14 are presumed incapable of contributory negligence, though this presumption can be challenged. Mentally challenged or incompetent individuals are ruled incapable of negligence.
Additionally, the doctrine of subsequent negligence, also known as the last-clear-chance doctrine, is a method of establishing liability despite a plaintiff’s contributory negligence. If the defendant had the last opportunity to prevent the accident, they may be held liable even if the plaintiff was partially responsible.
Alabama Supreme Court Ruling on Subsequent Negligence
In a 2016 Auburn accident case documented in the Alabama Supreme Court records, a car driven at high speed by Mark Stafford T-boned Brian and Jennifer Wood at an intersection, causing permanent injury to Brian. State Farm argued that Brian Woods was in a somewhat dangerous position at the intersection and that contributory negligence barred his claim.
Justice Tommy Bryan wrote in the Alabama Supreme Court opinion that “the doctrine of subsequent negligence, also known as the last-clear-chance doctrine, is a method of establishing liability despite a plaintiff’s contributory negligence.” The court ruled that State Farm failed to show the trial court erred by not setting aside the jury’s verdict in favor of the Woods family.
This legal landscape explains why trial-experienced attorneys are essential in Alabama personal injury cases. They understand how to counter contributory negligence arguments through careful evidence presentation, witness testimony, and expert analysis.
Insurance Company Trial Strategy: When Insurers Force Litigation
Insurance companies often decide to go to trial as part of a broader strategy, sometimes to send a message to potential plaintiffs that bringing personal injury claims against their clients will not be easy. Understanding insurance company calculus helps injury victims recognize when trial becomes necessary.
Attorney Reputation and Trial History
Insurance companies maintain databases tracking which attorneys actually try cases versus those who always settle. When skilled accident attorneys understand that the way to most effectively handle a settlement negotiation process is to be fully prepared for trial, insurance adjusters respond with realistic offers.
With over 100 cases tried to verdict since 1994, Michael Strickland has established a reputation that insurance companies respect. When Strickland Law Group files a lawsuit, insurance adjusters know they face an attorney who will take the case to trial if settlement negotiations fail.
Case Value vs Policy Limits
The higher the value of a case, the more likely it is to go to trial because insurance companies believe they can win or significantly reduce the payout amount. When damages far exceed policy limits, insurance companies sometimes gamble on contributory negligence defenses hoping to eliminate their liability entirely.
In catastrophic injury cases where lifetime medical care costs exceed $1 million, insurance companies frequently refuse reasonable settlement offers, forcing families to trial even when liability is clear.
Liability Disputes and Pre-Existing Conditions
If it is clear to the insurer that your claim is valid but you are not seeking an unusually large amount of damages, the insurance company is likely to settle because this is a much cheaper option than going to court. Conversely, when liability is disputed or pre-existing conditions exist, insurance companies often refuse reasonable settlement offers.
The company may allege that prior accidents or injuries caused your current condition rather than the accident in question. When medical records show prior treatment for similar body parts, insurance companies often force trials hoping juries will attribute injuries to pre-existing conditions rather than the defendant’s negligence.
How Much Does It Cost to Take a Personal Injury Case to Trial in Alabama?
It is very expensive to take your case to trial, and the litigation process is usually lengthy, often requiring 2 to 3 years from filing through final verdict. However, successful trials often end with reward amounts that far exceed what they would have been had the case settled before trial.
Expert witness fees range from $5,000 to $25,000 per expert for report preparation, deposition testimony, and trial appearance. Typical cases require medical experts to explain injuries, accident reconstruction experts to demonstrate how the collision occurred, and economic experts to calculate lost wages and future earning capacity.
Court filing fees, deposition transcripts, and document production typically cost $3,000 to $8,000 for serious injury cases. Medical record retrieval and organization runs $1,500 to $4,000. Demonstrative exhibits including accident scene animations or day-in-the-life videos cost $2,000 to $15,000.
Strickland Law Group works on a contingency fee basis, meaning clients pay no fees or require compensation until they receive the payment they deserve. The firm advances all costs of trial preparation and only recovers these expenses if the case succeeds through settlement or verdict.
Preparing Your Alabama Personal Injury Case for Trial: Six-Step Process
Based on documented methodologies from successful Alabama personal injury trials handled by Strickland Law Group and other experienced trial firms, here is how injury victims and their attorneys prepare cases for optimal outcomes.
Step 1: Immediate Post-Accident Documentation
Successful trials begin with evidence preservation in the hours and days immediately following the accident. Document everything related to your injury from day one, as this documentation strengthens your position during settlement negotiations and trial preparation.
Photograph all visible injuries immediately and every few days as healing progresses. Take photos from multiple angles showing bruising, swelling, surgical incisions, and scarring. Obtain the police report within 7 days of the accident. Collect contact information for all witnesses who saw the collision occur.
Begin a daily journal documenting pain levels on a 1-10 scale, activities you can no longer perform due to injury, medical appointments attended, medications taken, and emotional impact. This contemporaneous record becomes powerful evidence at trial when you testify about how injuries affected your daily life.
Step 2: Complete Medical Treatment Through Maximum Medical Improvement
It is important to reach maximum medical improvement before settling your claim to ensure all future medical expenses are accounted for. This medical milestone occurs when your condition stabilizes and doctors can project future treatment needs with reasonable certainty.
Follow all treatment recommendations from your physicians without gaps in care. Insurance companies use treatment gaps to argue injuries were not serious or have resolved. Attend every scheduled appointment and complete prescribed physical therapy programs.
If surgery is recommended by your treating physician, seriously consider proceeding before settling your case. Juries award significantly higher verdicts when plaintiffs undergo surgery because it demonstrates objective injury severity that cannot be disputed.
Step 3: Retain Expert Witnesses Early
Expert witness coordination is required for trials and the process can be lengthy, often taking 3 to 6 months to identify appropriate experts, have them review records, and prepare detailed reports. Cases that succeed at trial require expert testimony explaining complex medical, engineering, or economic concepts to jurors.
Medical experts explain injuries to jurors in understandable terms, establish permanency of impairments using objective testing, and calculate future medical costs based on published studies. Accident reconstruction experts use physics and engineering principles to demonstrate how the collision occurred and which party violated traffic laws.
Economic experts calculate lost wages from time missed from work and diminished earning capacity when injuries prevent returning to previous employment. Vocational rehabilitation specialists assess work limitations and retraining needs for clients unable to return to their pre-accident occupations.
Step 4: Master the Discovery Process
If a party refuses to respond to discovery requests, your lawyer can file a motion to compel, and the judge may order the party to comply unless they have a valid legal reason like attorney-client privilege. Thorough discovery uncovers evidence that supports your case and weakens the defense.
Respond completely and truthfully to all interrogatories, working closely with your attorney to ensure accuracy. Produce requested documents promptly, organizing them chronologically with clear labels. Prepare thoroughly for your deposition with your attorney, practicing responses to anticipated questions.
Review the defendant’s deposition testimony carefully with your attorney to identify inconsistencies, admissions, or gaps in their version of events. These inconsistencies become powerful impeachment tools at trial when the defendant attempts to change their story.
Step 5: Effective Mediation Strategy
An impartial mediator helps parties negotiate a mutually agreeable settlement more cost-effectively and time-efficiently during pre-trial mediation. While mediation is voluntary in most Alabama counties, judges strongly encourage parties to attempt resolution before consuming court resources for trial.
Present your strongest evidence at mediation including color photographs of injuries, medical records showing treatment extent, expert reports establishing permanency and future needs, and economic calculations of total damages. Have a settlement demand prepared with detailed calculation support showing how you reached your requested amount.
Understand your bottom line before mediation begins—the minimum amount you will accept to resolve the case. Be prepared to walk away if the insurance company’s offer falls substantially below fair compensation for your injuries and losses.
Step 6: Comprehensive Trial Preparation
Trial awards are often significantly higher than settlements, and a jury may even include more money than initially offered for pain and suffering. Preparing thoroughly for trial increases the likelihood of favorable outcomes.
Work closely with your attorney to prepare your testimony. You will need to describe the accident, your injuries, medical treatment, pain levels, activity limitations, and financial impact. Your attorney will conduct mock direct examination and cross-examination to prepare you for the defense attorney’s questions.
Review all deposition transcripts to ensure consistency between your deposition testimony and trial testimony. Understand the trial schedule and your role as plaintiff. Arrange time off work for the trial duration, which typically lasts 2 to 5 days for most personal injury cases.
When Should I Take My Personal Injury Case to Trial Instead of Settling?
Three critical questions determine whether trial or settlement delivers better results for your specific situation. Answer these questions honestly with your attorney to make an informed decision.
Does Your Attorney Have Recent Trial Experience?
Many attorneys prefer to settle cases rather than go to court, but Michael Strickland and the attorneys at Strickland Law Group are seasoned trial lawyers with over 100 cases tried to verdict in Alabama circuit courts. Ask any attorney you are considering: When was your last jury trial? What was the verdict amount? How many trials have you personally handled in the past five years?
Attorneys without recent trial experience cannot effectively prepare cases for trial because they lack current knowledge of courtroom procedures, evidentiary rules, and jury psychology. Insurance adjusters know which attorneys lack trial experience through industry databases and make lowball settlement offers accordingly.
Is the Settlement Offer Fair Compared to Your Actual Losses?
Keep a detailed record of all medical expenses and lost wages to support your claim value. Calculate your economic damages including all past medical costs already incurred, future medical costs projected by your physicians, lost wages from time missed from work, and diminished earning capacity if you cannot return to your previous job.
Add reasonable compensation for pain and suffering based on injury severity and permanency, loss of enjoyment of life for activities you can no longer perform, emotional distress including anxiety and depression, and loss of consortium if your spouse’s relationship has been affected.
If the insurance offer covers less than 50% of your calculated damages, trial may be warranted. The mother and daughter who rejected $400,000 and received $2,812,000 made the right decision because the settlement offer did not account for lifetime limitations, chronic pain, and the full impact on their quality of life.
Can You Withstand the Trial Process Timeline and Stress?
Going to trial is costly and time consuming for both parties, and you may not see an award for months or even years as the trial continues. Trials require multiple court appearances for hearings and the trial itself, extensive preparation meetings with your attorney, testifying in front of strangers about traumatic events, and cross-examination by the defense attorney who will challenge your credibility.
However, many people feel wronged by the at-fault party, and when their insurance company makes a lowball settlement it can be even more frustrating. A trial award can bring about a much-needed sense of closure and justice that settlement negotiations cannot provide.
If you have immediate financial needs for medical bills or living expenses, the timeline to trial may create hardship. However, if you can wait for proper compensation and the insurance offer is inadequate, trial often delivers substantially better results as demonstrated by the verdict examples throughout this article.
Post-Verdict Process: Alabama Judgment Collection and Appeals
When a jury returns a verdict in favor of the plaintiff in an Alabama personal injury case, several additional steps occur before you receive compensation. Understanding the post-verdict process helps set realistic expectations about timing and potential complications.
Judgment Entry and Interest Calculation
After the jury announces their verdict, the judge enters a formal judgment reflecting the jury’s award. If the plaintiff wins on appeal, interest at the rate of 7.5% per year is awarded on the verdict amount from the date of judgment until payment is received.
This statutory interest can significantly increase the total recovery, particularly if the defendant appeals and delays payment. On a $1 million verdict, 7.5% annual interest equals $75,000 per year, incentivizing defendants to pay promptly rather than pursue appeals.
Appeal Rights and Timeline
Either party may appeal the jury verdict to a higher court, though the party must have valid legal grounds for the higher court to overturn the decision. Common grounds for appeal include improper jury instructions, erroneous admission or exclusion of evidence, insufficient evidence to support the verdict, or excessive damages not supported by the evidence.
Verdicts can be appealed, potentially adding years to the resolution process. Appeals to the Alabama Court of Civil Appeals typically take 12 to 18 months. If the losing party appeals further to the Alabama Supreme Court, an additional 12 to 18 months may pass before final resolution.
Collecting Your Judgment
If the defendant or their insurance company pays voluntarily after judgment, you receive compensation within 30 to 60 days after appeals are exhausted. However, if the defendant refuses to pay or the insurance company claims the policy does not cover the incident, collection efforts may be necessary.
Your attorney can place liens on the defendant’s property, garnish their wages, or seize assets to satisfy the judgment. In cases where insurance coverage is adequate, collection is typically straightforward because insurance companies must pay valid judgments against their insureds.
Contact Montgomery Trial Attorneys with $1 Billion in Verdicts and Settlements
The Alabama mother and daughter who rejected $400,000 and ultimately received $2,812,000 from a jury made a decision based on facts rather than fear. They had attorneys who prepared their case as if trial was certain from day one, retained qualified experts, conducted thorough discovery, and demonstrated trial readiness through every action.
When the insurance company reviewed the trial preparation materials, expert reports, and deposition testimony, they understood their $400,000 offer was inadequate. When settlement negotiations failed, the case proceeded to trial. The jury agreed the offer was insufficient and awarded seven times more.
Whether your personal injury case settles or proceeds to trial depends on three factors: the strength of your evidence, the skill and trial experience of your attorney, and the reasonableness of the insurance company’s settlement offer. With over $1 billion recovered for accident victims and some of Alabama’s largest personal injury verdicts since 1994, Strickland Law Group has a proven track record that forces insurance companies to make realistic settlement offers.
Unlike many large firms that hand off cases to junior attorneys, when you hire Strickland Law Group, you work directly with experienced trial attorneys who personally oversee every case. Michael Strickland has personally tried more than 100 cases to verdict in his 30+ year career practicing personal injury law in Alabama.
If you suffered serious injuries in an accident and the insurance company is making inadequate settlement offers, contact Strickland Law Group at 334-269-3230 for a free consultation. The firm is available 24 hours a day, 7 days a week. They meet clients at their homes or hospitals when injuries prevent office visits.
Every case receives trial-ready preparation from day one regardless of whether it settles or proceeds to verdict. This preparation is why insurance companies settle cases for full value or face attorneys who have won over 100 jury verdicts in Alabama courtrooms. No fees or costs are charged unless you receive compensation through settlement or verdict.