Frequently Asked Questions

We represent clients across Alabama, Florida, and Mississippi, with deep roots in Gulf Coast communities including Mobile, Foley, Orange Beach, and Gulf Shores in Alabama; Pensacola and the Florida Panhandle; and Jackson, Hattiesburg, Biloxi, Gulfport, Pascagoula, and Ocean Springs on the Mississippi Gulf Coast. As local lawyers, we are familiar not only with the courts and insurance practices in each state, but also with the communities we serve. As local lawyers, we are familiar not only with the courts and insurance practices in each state, but also with the communities we serve.

At Caldwell Wenzel & Asthana, we handle personal injury cases on a contingency fee basis. This means there are no upfront costs, and you only pay attorney’s fees if we recover compensation for you. All fee terms are explained clearly before we begin working on your case.

You will work directly with our legal team, including the attorneys handling your case. We do not pass clients off or treat cases as files to process. From the start, you will have direct communication, clear updates, and consistent guidance from the team responsible for building and advancing your claim.

During a free consultation, we review the facts of your case, explain your legal options, and answer your questions about the process. This is also an opportunity for you to understand how we approach cases and what to expect moving forward.

Most personal injury cases resolve through settlement, but some require litigation when liability or damages are disputed. We prepare every case as if it may go to trial, which strengthens your position during negotiations and puts real pressure on the insurance company to take your claim seriously. We do not recommend or accept a settlement unless it reflects what your case is truly worth.

The timeline depends on the complexity of the case, the severity of injuries, and whether liability is disputed. Some cases resolve in a few months, while others take longer if litigation is required. After reviewing the facts of your case, your lawyer can give you a realistic estimated timeline based on how similar claims typically progress and what factors may affect the duration of your specific matter.

We take over the legal process from the start, so your claim is built on solid ground. That includes investigating the accident, gathering records and evidence, communicating with the insurance companies, and documenting the full extent of your injuries and losses. From there, we prepare a demand, negotiate on your behalf, and move into litigation if the insurance company refuses to resolve the case fairly.

Yes, depending on the state where your case is filed. In Florida, compensation can be reduced based on your percentage of fault and may be barred if you are more than 50% responsible. In Alabama, the rule is much stricter: if you are found even slightly at fault, recovery may be barred under contributory negligence. In Mississippi, the state follows a pure comparative fault system, meaning you can recover compensation even if you are substantially at fault. Your damages are simply reduced in proportion to your share of responsibility.
Your lawyer will carefully evaluate liability, challenge fault determinations, and present the facts in a way that protects your right to compensation wherever the law allows.

Alabama applies a pure contributory negligence rule, which is one of the strictest in the country. If you are found even slightly at fault for the accident, you may be barred from recovering compensation. This rule often makes liability disputes in Alabama car, truck, bicycle, and pedestrian cases especially aggressive from the start.

If you are hit by an uninsured driver, you may still recover compensation through your own uninsured/underinsured motorist (UM/UIM) coverage, if it is included in your policy. These claims are often treated like a dispute with the at-fault driver’s insurer and still require proof of fault and damages.

Yes, in many situations. Alabama law requires accidents to be reported if they involve injury, death, or property damage of $500 or more. Law enforcement reports are often an important piece of evidence in proving fault and damages.

Fault is based on the evidence, not just what drivers report at the scene. This can include police reports, witness statements, photos or video footage, vehicle damage analysis, and accident reconstruction in more serious cases. In truck, pedestrian, and bicycle accidents, additional factors like commercial regulations or roadway design may also come into play.

Depending on the facts, multiple parties may be liable, including the truck driver, the trucking company, a cargo loading company, or a maintenance contractor. Determining liability often requires reviewing driver logs, vehicle maintenance records, black box data, and compliance with federal trucking regulations.

You can bring a claim against the at-fault driver if your injuries meet Florida’s “serious injury threshold” under Florida Statutes § 627.737. This includes significant and permanent loss of a bodily function, permanent injury, significant scarring or disfigurement, or death.

Florida PIP coverage generally pays 80% of reasonable medical expenses and 60% of lost wages, up to a standard $10,000 policy limit (subject to eligibility requirements and treatment timing rules under Florida law). It applies regardless of fault, but does not cover pain and suffering.
If your injuries meet the statutory threshold, you may pursue a claim against the at-fault driver for additional damages beyond PIP, including pain and suffering, full lost wages, and future medical care not covered by insurance.

Truck accidents often involve multiple potentially liable parties, including the truck driver, the trucking company (under federal “vicarious liability” rules), cargo loaders, maintenance providers, or third-party contractors. These cases are governed not only by Florida law but also by Federal Motor Carrier Safety Regulations (FMCSA).

Critical evidence can include the truck’s electronic logging device (ELD), driver qualification files, hours-of-service records, maintenance logs, black box (ECM) data, dashcam footage, and drug/alcohol testing records. Federal rules require trucking companies to preserve certain records, but they can still be lost if not requested quickly

Florida follows a modified comparative negligence system under § 768.81, meaning your recovery is reduced by your percentage of fault, and you may be barred from recovery if you are found more than 50% responsible. Fault is determined through police reports, physical evidence, witness statements, and accident reconstruction when necessary.

Under Florida Statutes § 316.065, crashes involving injury, death, or property damage over $500 must be reported to law enforcement. A police report is often a key piece of evidence in both insurance claims and lawsuits.

Fault is determined based on evidence such as police reports, witness statements, vehicle damage, photographs, video footage, and sometimes accident reconstruction. Mississippi uses comparative negligence rules, so fault can be shared between drivers and still allow recovery.

If the at-fault driver is uninsured or underinsured, you may be able to recover compensation through your own uninsured/underinsured motorist (UM/UIM) coverage, if included in your policy. These claims often require proving both fault and the extent of your damages.

Yes. Under Mississippi Code § 63-3-411, you must immediately report any accident to the police if it involves injury, death, or property damage estimated at $500 or more. A police report is often an important piece of evidence in both insurance claims and lawsuits, particularly in disputes about how the accident happened and who was at fault.

Truck accident liability in Mississippi may extend beyond the driver to include trucking companies, maintenance providers, cargo loaders, or other third parties. These cases often involve federal trucking regulations, driver logs, black box data, and maintenance records.

In a Mississippi car accident, comparative fault means the insurance company will try to assign you as large a share of blame as possible because every percentage point they pin on you reduces what they owe. Having a lawyer who can challenge those fault assignments with evidence is often the difference between a fair recovery and a significantly reduced one.