Personal Injury Lawyer Mobile

Personal Injury Lawyer Mobile - An Interview with Bill Eiland

Q.Tell us about yourself and your practice.

A. I graduated from the University of Alabama, School of Law.  I have been practicing law since 1995.  My practice encompasses all types of civil litigation with an emphasis on personal injury cases.  “ Civil Litigation” is a fancy word for “ Lawsuits."   This of course is in contrast to “ Criminal Litigation” in which the purpose is to punish individuals with criminal sanctions.

For the first few years of my practice I worked for a large firm that represented corporations and insurance companies.  I primarily handled cases involving automobile accidents and premises liability cases, which typically involves individuals who are injured at a store or on someone else’ s property. 

While at this large firm, I occasionally had the opportunity to represent individuals and not insurance companies.  I enjoyed doing this a lot more than representing corporations.  As a result,  in 1998 I opened my own law firm.  Since then, I have exclusively represented individuals against insurance companies and big corporations.  Approximately 50% of my practice involves car and/or trucking accidents.  The other 50% involves serious injuries resulting from slip/trip and falls which occur at a store or someone else’ s property. 

Each week my partner and I host a legal advice television show called LawCall.  LawCall comes on every Sunday night at 10 30 on WPMI NBC 15.  Each week, we discuss a different legal topic.    We have guest attorneys from all across the Gulf Coast to help us answer questions.  Also we have a website www.erlawfirm.com which features a section for people to email us their legal questions and issues.   

Q. Do you offer free initial consultations?

A. Yes.  In fact almost all of our work is done on a “ contingency fee” basis.  This means that our clients do not have to pay any attorney’ s fees unless we are able to recover money for them. 

Q. How should people contact your office in an emergency situation?

A. Our office telephone number is 251-666-1212.  Our toll free number is 866-666-1282.  My email address is beiland@erlawfirm.com.  My assistant is Holly Jones.  Her email is hjones@erlawfirm.com.    My cell phone number is 251-463-0708. 

Q. Does your office offer paralegal services for simple forms and filings?

A.  Yes.

Q. Is there any time limit to file a personal injury lawsuit in Mobile?   

A. Alabama has a two years statute of limitations for most personal injury cases. This means that an injured person only has two years from the date of the accident to either settle his /her claim or to file a lawsuit.  Once a lawsuit is filed the statute of limitations become irrelevant.

However, there are exceptions to the two year statute of limitations.  For example if a person is injured by a city or state employee there are certain notification requirements that must be met even before the two years has elapsed.  As a result if a person is injured they should immediately contact a personal injury attorney and find out all of the deadlines that are involved in that particular situation.   

It is also important to remember that not all states have a two year statute of limitations.  For example, Florida has a four year statute of limitations. Mississippi has a three year statute of limitations and Louisiana has a one year statute of limitations.  This is important because the statute of limitations of that particular state (where the accident takes place) rules and not the residency of the injured victim.  For example, if a person who lives in Alabama is injured in New Orleans he or she only has a one year statute of limitations in which to settle the claim or to file a lawsuit.

Q.  What will one have to prove to win a case?

A. The individual who filed a lawsuit is called the “ Plaintiff."   The person or company that they are suing is called the “ Defendant." It is very important to remember that the Plaintiff has the “ Burden of Proof."   In other words the Plaintiff must prove that the Defendant did something wrong (i.e. they were negligent) and caused some sort of harm to the Plaintiff.  If the Plaintiff cannot prove their case the Defendant will win. 

Because of this it is very important for the injured person and his/her attorney to gather as much information as possible about the incident.  Witnesses are crucial.  For example, if two cars collide at an intersection and there are no witnesses around, it may be very difficult for the Plaintiff to prove that the Defendant was negligent.  Sometimes, these situations can turn into “ an old fashion swearing  match."

Q. What must a plaintiff prove to recover for an assault or battery?

A. N/A