Alabama Car Accident Legal Questions

It depends on a number of factors which you did not provide in your question (for example, you do not even say what part of our body was injured). Below is some general information about damages in personal injury cases. I am often asked by individuals who have been injured in an accident to give an opinion as to what would be a fair settlement in their case. Often, they give me a brief description of their injury, such as, "I suffered two broken ribs," or "I am now suffering back pain," or "I hurt my leg and had to have surgery" and give no further details. I cannot possibly give an opinion as to the value of their case without more information. I find myself repeating over and over some of the information set out below. The information below is an attempt to shed some light on what an accident injury victim should consider in determining a fair settlement. However, presenting damages to an insurance adjuster, and ultimately to a jury, is an advanced and complicated task. It not adequate to simply say "I'm hurt," describe your injury, and then hold out your hand and ask for money. I have practiced law since 1985, and still attend seminars and read books on the subject of presenting personal injury damage claims to juries. The information below will not be enough to make you a personal injury attorney, but hopefully will enlighten you regarding some factors that should be considered on evaluating your claim. Maximum Medical Improvment First, one needs to understand the concept of Maximum Medical Improvement (MMI). MMI is the point at which the condition of an injured person is stabilized. No further recovery or improvement is expected even with additional medical intervention. Basically, a condition is at maximum medical improvement if it is not believed that the condition will change or progress. In laymen?s terms, this is often referred to a "being released by the doctor." This term is most often used in the context of a worker's compensation claim. An inquired employee usually receives temporary benefits until reaching maximum medical improvement. However, it also has significance in general personal injury cases. Insurers for at fault drivers, manufacturers of unsafe products, owners and operators of unsafe premises, and doctors guilty of malpractice do not normally make incremental payments as medical bills and lost wages are incurred. Rather, these insurers normally settle claims with one payments, which represents the final settlement. For this reason, the accident victim must have evidence of all past and future damages to present to the adjuster. This means it is premature to begin evaluating your claim before you reach MMI because you do not yet know how much your medical bills will be, nor do you know how severe the injury will ultimately be - which is the main factor in damages for pain and suffering ? until after you have reached MMI. After you have reached MMI, four basic factors that should be considered in evaluating your case are 1) special damages, also known as tangible damages, 2) severity of the injury, 3) duration of the injury, and 4) insurance coverage. Special Damages Special damages which are also sometimes called tangible damages include the cost of medical treatment (medical bills) and lost wages. Special damages are somewhat objective and easily ascertainable. You simply add up your medical bills and determine what wages you would have earned had you not been out of work due to your injury. The insurance adjuster or opposing attorney may quibble over some of your numbers, claiming that you have been overcharged by your doctor, or that some medical procedures that you are including in damages were not caused by the accident. The adjuster or opposing attorney may argue that you missed more work than was required based on your injury. Nonetheless, both sides can at least agree that you were actually billed x number of dollars by medical provides, and that ... Read More

Most contingency fee contracts allow for the attorney's fees and his costs to be paid out of the total settlement.  If there are liens or other unpaid medical bills then those are negotiated to try to maximize the amount of the settlement that can be paid to the client.  Your attorney should provide you with a breakdown of all fees and bills that are paid out of the settlement, so that you know where every dollar of the settlement was paid. ... Read More

I was just traveling on I-65 in Alabama last weekend while returning to Indiana from Florida with my family.  There is a lot of semi traffic on that stretch of road.  I wish your wife and mother-in-law a speedy recovery, and would recommend that you contact an experienced attorney in Alabama to handle your case.  As the others here have mentioned, you should never be charged a fee for an in depth consultation and analysis of your case.  Best of luck to you and your family, Chip Clark ... Read More

You really have two options here, iron attorney and have them handle this matter for you or attempt to deal with it yourself and most like you you'll keep getting the same results. The simple fact of the matter most insurance companies treat people like this if they're not represented by an attorney in a personal injury or automobile accident claim. Regardless of what the law states unless you know how to take someone to court and understand all the legal proceedings as an attorney does, the courts won't help you walk your way through it. Simply from the police report stating that the other driver hit you you have a great case already, it just seems that the other insurance company knows you don't have an attorney. You don't know legally need an attorney to handle this matter yourself, but if you don't understand the law as well as an attorney does, the courts don't take into consideration your nonattorney. So to simply answer your question yes the insurance company is liable and should pay your claim, but most likely they won't unless you get an attorney involved. I have responded to your inquiry according to the laws of Massachusetts, where I practice. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options. Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.   Joseph F. Botelho, Esq. BOTELHO & ASSOCIATES, LLCAttorneys At Law www.massachusettslawyeronline.com 126 Shove Street Unit 202 Fall River, MA 02724 Office: 888-269-0688Cell: 508-801-6747FAX: 877-475-8147 Twitter Facebook  ... Read More

The short answer to your question is, "YES."  However, when a plaintiff in a personal injury lawsuit dies, the case is usually prosecuted by that person's estate.  Any recovery that is made, either by settlement, or trial, would become property of the deceased person's estate.  Sometimes, it is necessary to open an estate in order to continue to pursue the claim, but not always.  I would recommend contacting an attorney in your jurisdiction that practices personal injury law.  They will be able to advise you whether or not you will need to open and estate in order to continue pursuing the claim. Chip Clark is an injury attorney in Indianapolis, Indiana.... Read More

Typically, insurance follows the car.  In other words, if you have given permission for someone to drive your car, your insurance will cover that driver for any property damage caused. Steven A. Schwartz Attorney/Partner   JOEL H. SCHWARTZ, P.C. One Washington Mall, 16th floor Boston, MA  02108 (617) 742-1170 (800) 660-2270 (617) 250-2072 fax sas@joelhschwartz.com www.joelhschwartz.com  ... Read More

There are circumstances where an injured party can end up with nothing after an attorney's fees and medical bills are paid.  It really depends on the circumstances.  As a general rule, I would suggest you should receive something, if you are in no way at fault.  However, your medical bills may be exorbitant and the insurance company may be arguing that some of the bills are not related to your incident.  Like I said, it is hard to say without more detail.  My best suggestion is to discuss this further with your attorney and ask him or her to break down the settlement numbers so you can understand how the numbers add up. Steven A. Schwartz Attorney/Partner   JOEL H. SCHWARTZ, P.C. One Washington Mall, 16th floor Boston, MA  02108 (617) 742-1170 (800) 660-2270 (617) 250-2072 fax sas@joelhschwartz.com   ... Read More