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Erby J. Fischer

Attorney Profile

Top Rated Personal Injury Attorney in Birmingham, AL

Morgan & Morgan
2317 3rd Ave. N, Suite 102
Birmingham, AL 35203
Phone: 205-208-7638
Selected to Super Lawyers: 2012 - 2015, 2018 - 2022
Licensed in Alabama Since: 1996
Practice Areas: Personal Injury - General: Plaintiff, Business Litigation, Class Action/Mass Torts: Plaintiff, Insurance Coverage, Personal Injury - Products: Plaintiff
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Attorney Profile

The Managing Attorney at the Morgan & Morgan Birmingham, Alabama office, Erby J. Fischer focuses his practice primarily on plaintiff’s catastrophic injury, wrongful death litigation and complex business litigation. He provides compassionate and astute representation to clients throughout the state who have incurred economic and noneconomic losses due to the negligence of other persons or entities.

Mr. Fischer’s cases have covered motor vehicle crashes, premises liability, medical malpractice and defective products. His complex business litigation cases have included insurance fraud and bad faith actions, business fraud, copyright/trademark infringement, embezzlement, breach of contract as well as other business torts.

In addition to his inclusion on the Mid-South Super Lawyers list, he is the recipient of an AV Preeminent* peer review rating through Martindale-Hubbell, been named to The National Trial Lawyers: Top 100, and he has been selected for inclusion in The Best Lawyers in America.

Practice Areas
  • 40%Personal Injury - General: Plaintiff
  • 30%Business Litigation
  • 10%Class Action/Mass Torts: Plaintiff
  • 10%Insurance Coverage
  • 10%Personal Injury - Products: Plaintiff
Focus Areas

Motor Vehicle Accidents, Personal Injury - Plaintiff, Wrongful Death, Dram Shop Laws, Construction Accident, Brain Injury, Trucking Accidents, Premises Liability - Plaintiff, Trade Secret, Class Actions, Toxic Torts, Insurance, Bad Faith Insurance, Motor Vehicle Defects, Medical Devices, Pharmaceutical


9 Years Super Lawyers
  • Super Lawyers: 2012 - 2015, 2018 - 2022

About Erby J. Fischer

First Admitted: 1996, Alabama

Professional Webpage:

Scholarly Lectures/Writings

  • Instructor, Trial Advocacy Program, University of Alabama School of Law


  • Erby has tried to jury verdict many personal injury lawsuits that have resulted in six and seven figure awards. $ 6.0 million dollars in a business tort matter, $3.5 million dollars against a trucking company and a $2.5 million dollar verdict In a premises Eiability case

Bar/Professional Activity

  • Member, Birmingham Bar Association
  • National Brain Injury Trial Lawyers Association
  • U.S. District Court Northern District of Alabama
  • U.S. Court of Appeals 11th Circuit
  • Member, American Association for Justice
  • Medical Malpractice Trial Lawyers Association
  • Supreme Court of Alabama
  • U.S. District Court Middle District of Alabama
  • Member, Board of Governor, Alabama Association for Justice
  • Member, American Bar Association
  • Alabama, 1996
  • U.S. District Court Southern District of Alabama
  • Alabama State Bar Association

Educational Background

  • Troy State University, B.S., Summa Cum Laude, History, Economics, Business, 1992
  • University of Alabama School of Law - JD, 1996

Other Outstanding Achievements

  • The Best Lawyers in America, 2013


  • AV Preeminent®: The highest level of peer rating. This rating signifies that the lawyer's peers rank them at the highest level of professional excellence for their legal knowledge, communication skills and ethical standards, AV Preeminent, Martindale Hubble, 2021
  • National Trial Lawyers Top 100 Lawyers in Alabama, Top 100 Lawyers in Alabama, National Trial Lawyers, 2015
  • Mid-South Super Lawyers List, Mid-South Super Lawyers, Super Lawyers, 2018
  • ATLA Trial Competition National Semi-Finalist, University of Alabama School of Law, ATLA Trial Competition National Semi-Finalis, University of Alabama School of Law, 1995
  • Alabama Super Lawyers, Alabama Super Lawyers, Super Lawyers, 2012
  • AV rating by Martindale Hubbell, AV Rating, Martindale Hubble, 2012
  • Alabama Super Lawyers list for Business Litigation, Alabama Super Lawyers, Super Lawyers, 2013
  • Alabama Super Lawyers, Alabama Super Lawyers, Super Lawyers, 2014
  • Alabama Super Lawyers, Alabama Super Lawyers, Super Lawyers, 2015
  • Lifetime Charter Member of Best Attorneys of America, Lifetime Charter Member, Best Attorneys of America, 2013
  • Bench & Bar Legal Honor Society, University of Alabama School of Law, Bench & Bar Legal Honor Society, University of Alabama School of Law, 1995
  • American College of Trial Lawyers Award for Most Promising Trial Lawyer, University of Alabama School of Law, Most Promising Trial Lawyer, American College of Trial Lawyers, 1995

Industry Groups

  • AAJ
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Office Location for Erby J. Fischer

2317 3rd Ave. N
Suite 102
Birmingham, AL 35203

Phone: 205-208-7638

Last Updated: 6/23/2022

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