Are you awaiting a personal injury lawsuit in the state of Alabama?
The financial strain caused by a lengthy legal battle in Alabama often leaves plaintiffs unable to pay their mortgage or rent, medical bills, and other living expenses. At Nova Legal Funding, we provide our clients with the immediate financial support they need through pre-settlement funding.
The complex nature of personal injury lawsuits in Alabama could mean the process takes months or even years before you receive a payout for your injuries. To make things worse, insurance companies have been known to use stalling tactics to leave financially-strained clients with little choice but to accept a lower settlement.
It’s no surprise that so many people with a pending personal injury lawsuit require financial assistance until the case settles. Many turn to lawsuit loans to help cover expenses during the process. However, Nova Legal Funding offers a superior alternative for Alabama plaintiffs.
Our cash advances are wholly non-recourse, meaning clients are not required to pay anything back if they lose their case. This removes the risk associated with lawsuit funding in Alabama.
You can apply for a pre-settlement loan with Nova Legal Funding at any time during your case, and we can provide you with financial support within 24 hours.
Laws and Regulations of Pre-settlement Funding in Alabama
Important Alabama Legal Information
|Avg. Funding per case from Nova Legal Funding||$5,852 Nova can fund anywhere from $500 up to $2,500,000 depending on case value.|
|Fault Laws||Pure Contributory Negligence If plaintiff is making claim based in negligence, entitlement to receive damages will be defeated by plaintiff’s negligence. John Cowley & Bros., Inc. v. Brown, 569 So.2d 375 (Ala. 1990); Ala. Power Co. v. Schotz, 215 So.2d 447 (Ala. 1968).|
|Statute of Limitations||2 years Title 6, Ch. 2, 6-2-38|
|Minimum policy limits for bodily injury & property damage||$25,000 bodily injury liability per person $50,000 bodily injury liability per accident $25,000 property damage liability per accident|
|Minimum UIM auto insurance limits||Liability: 25/50/25|
|Workers compensation eligibility||Not eligible|
Alabama courts have previously held that litigation financing agreements go against public policy, ruling that the practice amounted to a form of “gambling” or speculating in litigation. This means it can sometimes be difficult to fund cases in the state.
However, it is possible for plaintiffs to obtain pre-settlement funding in Alabama if the agreement is placed under the jurisdiction of a state more open to litigation financing. Pre-settlement loans in the state are regulated by Section 5-18 of the Alabama Small Loan Act, and only licensed lawsuit funding companies are legally allowed to offer financial support. There is also no restriction on how clients spend a lawsuit cash advance, allowing plaintiffs to use the money to pay off debts and bills, rent and mortgage to avoid eviction and to cover general living expenses.
Nova Legal Funding is completely licensed, and we are able to provide pre-settlement loans in Alabama.
Alabama Personal Injury Law: How Does it Affect Legal Funding?
According to the statute of limitations for personal injury cases in Alabama, a claimant has 2 years from the date of injury to file a lawsuit against the responsible party. Once the statute of limitations period is complete, Alabama courts are unlikely to hear the case and any potential compensation will be lost.
However, there are laws about this time limit, and how it is applied to specific cases. If the victim is a minor, the time limit does not begin until their 19th birthday. A formal claim against a municipality in Alabama must be filed within 6 months of the incident, while a claim against a county must be filed within a year. For claims against the federal government, formal notice must be filed within 2 years. If this is denied, you then have 6 months to file a lawsuit.
Alabama also has a specific statute regarding dog bites. In most states, dog owners are protected from injury liability on the first occasion, provided they were unaware the dog was dangerous. However, dog owners in Alabama are “strictly liable” and will be responsible for any personal injuries caused by their pet, regardless of past behavior.
Alabama courts follow the pure contributory negligence doctrine, which can prove detrimental to a plaintiff bearing any responsibility for the accident in question. If a jury finds them partly to blame for the incident, they may receive no compensation at all, regardless of how little they are said to be at fault. This means that even if the plaintiff was only 5% at fault while another party was 95% at fault, the plaintiff will not be paid. It’s crucial to discuss your case with an experienced personal injury lawyer in order to work out whether you are owed any compensation.
Previous Alabama legislature limited damages in personal injury cases, but the Alabama Supreme Court later found the law to be unconstitutional. The only potential compensation limits regard punitive damages, in which a plaintiff has to show by “clear and convicting evidence” that the defendant(s) acted with malice as opposed to mere negligence. If the plaintiff can prove “deliberate or conscious malice”, the limit on recover is $1,500,000 or three times the entitled compensatory damages, whichever figure is higher. Additionally, Alabama imposes a $100,000 absolute limit for municipal liability in personal injury cases, with no departure from this in any circumstance.
Notable Personal Injury Lawyers in Alabama
Alabama is home to many experienced personal injury lawyers who would be delighted to take on your case:
1220 16th Street S., Birmingham, AL 35205
Kevin M Ryan
209 North Joachim Street, Mobile, AL 36603
Russell Wilson Crumbley
2304 Memorial Pkwy SW, Huntsville, AL 35801
2740 Zelda Road, Suite 500, Montgomery, AL 36106
Justin L. Smith
907 17th Ave, Tuscaloosa, AL 35401
111 Adris Place, Dothan, AL 36303
232 Moulton St E, Decatur, AL 35601
Car Accident and Fatality Statistics in Alabama
Alabama’s traffic fatality rates are some of the worst in the US, with a motor vehicle accident reported every 200 seconds in 2017.
The U.S. Department of Transportation’s Fatality Analysis Reporting System reported 864 fatal crashes in 2017, resulting in the deaths of 948 people. Distracted driving was associated with a total of 40 certified fatalities, and though most traffic accidents occurred in urban settings, there were more deaths (60%) in rural areas.
Around 21% of fatal crashes were caused by drivers under 25 years of age and 54% occurred at night. Additionally, 71.8% of all traffic crashes resulted from multiple vehicles colliding and were responsible for 379 fatalities and 32,587 injuries in 2017.
The most common pre-settlement funding for Alabama drivers involved in traffic cases are:
- Pedestrian accident loans
- Car accident loans
- Tractor trailer accident (truck accident) loans
- Bus accident loans
- Bicycle accident loans
- Motorcycle accident loans
Get in touch with our team today for a free case evaluation, and for more information about pre-settlement funding in Alabama.
What do I need to qualify for a lawsuit loan in Alabama?
Any customer living in Alabama is eligible for pre-settlement funding if another person or entity has given them a personal injury.
Is the funding a lawsuit loan or cash advance?
A Nova Legal Funding lawsuit loan is actually a cash advance against our customer’s eventual lawsuit settlement. However, as a non-recourse advance, plaintiffs will not have to pay back the money if they lose their lawsuit. Nova Legal Funding will only collect from you if you win your case or obtain a settlement.
How should I spend the pre-settlement loan?
Plaintiffs are able to spend the funds however they like as no restrictions are in place. Past customers have used the advance to pay off debts, cover the mortgage, and handle general living expenses.
Apply For Lawsuit Funding in Alabama Now
Here at Nova Legal Funding, we provide the best possible service to any personal injury plaintiffs in need of financial support. Get in touch with a member of our team to find out more about our lawsuit funding in Alabama.
Call us toll-free at (213) 340-5082 to speak with a friendly funding specialist today.