Montgomery Attorneys for Personal Injury and Other Litigation Matters
Whether you have been hurt due to someone else's careless actions or your business has suffered losses because of a contract dispute, you may need legal representation to seek the compensation that you deserve. At Jinks, Crow & Dickson, our Montgomery personal injury lawyers represent accident victims in many areas of Alabama. We also assist clients who face legal issues in connection with business litigation, class actions, consumer protection laws, and estates and trusts litigation.
Protecting the Rights of Accident Victims
Many of the cases that we handle arise out of motor vehicle collisions, encounters with defective products, or tragically fatal accidents in a variety of situations. In order to establish that a defendant’s carelessness caused their injuries, a plaintiff will need to show that the defendant owed the plaintiff a duty of reasonable care, the defendant breached that duty, the breach caused the accident, and damages resulted. For example, a breach of care in operating a motor vehicle might involve distracted driving, drunk driving, texting while driving, or failing to yield at an intersection.
In Alabama, product liability cases are brought under the Alabama Extended Manufacturers' Liability Doctrine (AEMLD). To establish liability under the AEMLD, plaintiffs must show that they suffered injuries to themselves or their property because an entity sold a defective product that was unreasonably dangerous to the plaintiff as the user of the product. The defendant must be a seller engaged in selling the product at issue and must have expected the product to reach the user without substantial changes in its condition from the time of the sale.
A plaintiff who establishes fault in a personal injury case usually will be able to recover compensation. This may include pain and suffering, medical bills, lost income, property damage, and more. If the victim of the accident dies, his or her family members may be able to pursue punitive damages, which are available instead of compensatory damages in wrongful death claims. Under Alabama law, a wrongful death is a loss of life caused by another party's wrongful act, negligence, or omission. The victim’s estate may bring a wrongful death lawsuit against the party that caused this type of death in any situation when the victim could have brought a personal injury claim if the victim had not died.
We handle many types of business disputes, including those arising from breaches of contracts. In order to bring a lawsuit based on a breach of contract, you must first make sure you have a valid and enforceable contract. Generally, this requires that there was an offer, an acceptance, and an agreement between the parties on the material terms of the deal. Both parties are expected to interact in good faith. If there are ambiguities in the contract, they are construed against the person or entity that drafted the contract.
We can represent your interests in class actions involving product liability, consumer protection, or business law. If a business causes harm to a large number of consumers or other victims, it may be appropriate to file a class action lawsuit. For example, if a defective medical device causes the same type of harm to many patients, it may be appropriate to bring a class action product liability lawsuit. An early step in the class action process is certifying a class. In order to obtain certification, you must be able to show the numerosity of the potential plaintiffs, common questions of fact or law in each of the potential plaintiffs' claims, a class representative whose claims are typical of the class, and adequacy of representation. The class representative stands in a fiduciary relationship to the class of potential plaintiffs, so a representative may not have a conflict of interest or potential conflict of interest with the rest of the class.
Consumer Protection Law
We handle disputes related to consumer protection laws, including cases that involve defective farm and agricultural equipment, insurance bad faith, and residential construction defects. When you pay your hard-earned money for a product or service, you expect to get what you paid for. If you pay your insurance premiums in a timely manner, for example, you expect to get coverage for the losses covered by your policy. An insurer is required to abide by the terms of the policy and honor them, and it must investigate claims and pay them when appropriate. A policyholder alleging bad faith needs to prove that an insurance contract existed, the insurer intentionally refused to pay the claim, there was no lawful basis to refuse, and the insurer knew this or intentionally chose not to determine whether there was a lawful basis for the refusal.
Estates and Trusts Litigation
When someone dies, their estate is either distributed according to their wishes as expressed in a will or trust, or distributed according to the intestacy laws of Alabama. There are circumstances in which a relative can contest the terms of the will or how the assets are distributed. Only "interested persons" are permitted to file a will contest. In Alabama, interested persons include someone listed as a will beneficiary or someone who would receive a portion of the estate if the will is determined to be invalid. To bring a will contest, you need to show that the will does not accurately reflect the decedent's true wishes, such as when the decedent was not of sound mind when writing the will or was suffering from someone’s undue influence.
Consult an Experienced Personal Injury Lawyer in Montgomery or Beyond
If you need legal representation to protect your interests and assert your rights, our experienced Montgomery personal injury attorneys are available to assist you. We have offices in both Montgomery and Union Springs. Jinks, Crow & Dickson also represents clients in Tuskegee, Clayton, Eufaula, Grove Hill, Jackson, La Fayette, Valley, Marion, Phenix City, Alexander City, Camden, and other cities throughout Bullock, Montgomery, Macon, Barbour, Chambers, Clarke, Perry, Russell, Tallapoosa, and Wilcox Counties. We represent clients with serious financial loss, physical injury, or wrongful death claims throughout Alabama and West Georgia, and we are class action counsel in cases nationwide. Contact us at (888) 297-9592 or through our online form to set up an appointment with a business litigation attorney or seek guidance in a personal injury case, a consumer protection lawsuit, an estates and trusts dispute, or a class action.