Most crash claims end in a settlement without any lawsuit. A few don’t, and when the two-year deadline gets close or an insurer won’t make a fair offer, the case gets filed in court. For crashes in and around Birmingham, that usually means the Circuit Court of Jefferson County, part of Alabama’s Tenth Judicial Circuit. It’s useful to understand what that looks like, even if you have a lawyer handling the details.
Circuit court or district court
Alabama has two main trial-level courts for civil cases. District court handles smaller claims, including small claims cases up to $6,000 and other civil cases up to $20,000. Circuit court handles cases where more than $20,000 is in dispute. Most injury cases with real medical bills end up in circuit court, which is where jury trials for larger cases take place.
Two divisions in one county
Jefferson County is unusual in Alabama because its circuit court has two divisions. The Birmingham Division sits in the Jefferson County Courthouse at 716 Richard Arrington Jr. Blvd. North, Birmingham, AL 35203. The circuit clerk can be reached at (205) 325-5355, and the office is open from 8 a.m. to 5 p.m., Monday through Friday. The Bessemer Division is at the Bessemer Judicial Building, 1851 Second Avenue North, Bessemer, AL 35020, phone (205) 497-8510, with the same weekday hours.
The Bessemer Division serves the western part of the county, an area locals call the Bessemer Cutoff. Which division a case belongs in depends largely on the crash location and on where the parties are. Filing in the wrong one can lead to a transfer and delay.
Filing fees
The Birmingham Division clerk’s circuit civil fee chart lists these costs for a new case with one plaintiff and one defendant.
- $251 when the claim is up to $50,000.
- $351 when the claim is over $50,000 or the amount isn’t specified.
- $100 for each additional plaintiff, up to $1,000.
- $10 for each additional defendant.
- $10 for service by the sheriff in Jefferson County.
- $100 for a jury demand.
The clerk’s page notes the fees can change, so confirm the current amount with the office before filing. People who can’t afford court costs can ask to file without prepaying by submitting an affidavit of substantial hardship, which a judge has to approve.
E-filing
Lawyers file almost everything electronically through AlaFile, the state’s e-filing system. People representing themselves can also register for AlaFile to file papers and receive notices by email. The clerk’s office encourages that, and notices then arrive electronically instead of by mail.
What happens after filing
- Service. Each defendant must be formally handed the summons and complaint, by certified mail, the sheriff or a process server.
- The answer. The defendant, usually through a lawyer hired by the insurance company, files a response. In Alabama crash cases, that answer often raises contributory negligence as a defense.
- Discovery. Both sides exchange written questions, documents and medical files, and take depositions. This is usually the longest phase.
- Mediation. Many Jefferson County judges send cases to mediation, where a neutral go-between works with both sides to settle.
- Trial. Cases that don’t settle are tried, usually before a jury.
Expect a contested injury case to take a year or more from filing. Some take much longer, depending on the judge’s docket and the complexity of the case.
Representing yourself
It’s legal to file your own case, and some people do for smaller claims in district court. The Alabama courts’ e-forms site has fillable forms, and the Alabama Supreme Court and State Law Library offers a self-representation guide. Clerks can explain procedures but can’t give legal advice. For a serious injury in circuit court, the defense will be represented by experienced lawyers, and Alabama’s contributory negligence rule gives them a strong tool. Most people with significant injuries hire counsel.
Federal court
Some crash cases end up in federal court, typically when the parties are from different states and the amount in dispute is over $75,000. Out-of-state trucking companies often try to move cases there. The Birmingham federal courthouse is the Hugo L. Black U.S. Courthouse at 1729 5th Avenue North, main phone (205) 278-1700, in the Northern District of Alabama.
Outside Jefferson County
If your crash happened in Shelby, Tuscaloosa, Walker or another county, the case may be filed there instead. Fees vary somewhat from county to county because of local acts. For a Shelby County crash, the Shelby County Circuit Clerk is in the courthouse at 112 North Main Street, First Floor, Room 1F, Columbiana, AL 35051, phone (205) 669-3760, open Monday through Friday from 8:00 a.m. to 4:30 p.m. Nearby circuit clerks, with addresses and phones, are also on our courthouse page.
Keep the deadline in view
Filing a lawsuit is what stops Alabama’s two-year statute of limitations. Settlement talks don’t. If a case isn’t resolved as the deadline approaches, it needs to be filed. See the deadline table.
People representing themselves can register for electronic notices through AlaFile. The Shelby County clerk’s page explains the statewide process. After you register as a pro se user, you print the form, bring it to the clerk’s office during business hours with a state-issued photo identification card, and then receive a copy of electronic orders entered in the case.
This guide is general information about court procedures, not legal advice. If you’re thinking about a lawsuit, you can browse attorneys around Birmingham and ask how they’d handle your case.