Alabama Personal Injury Legal Questions

Whether or not the chiropractor caused any structural damage to your back is the key question for an answer has to be determined by a medical doctor. If the pain is muscle strain or sprain, then the value of the value will likely not rise to the level warranting any legal action. If there was damage done to structures, such as vertebrae, confirmed by a medical doctor (and not pre-existing the chiropractor's treatment), then you may have a claim. Consult an attorney about your circumstances for a review of the details.... Read More

Of course you can sue. However (thanks to the doctor lobby) Med (and Dental) Mal cases are quite difficult. First, one must obtain a certification from an independent doctor that there was negligence. This is where the claim usually stops, as most lawyers will expect the client to cover the costs of this review/report(up to $5,000). Next, most malpractice insurance policies have a provision for approval of any settlement by the insured doctor. That doctor, human nature being what it is, will often refuse to approve any settlement, as he doesn't think he did anything wrong. Finally, there is a cap on how much can be awarded for pain and suffering, thus making these cases unattractive to lawyers. There are lawyers who specialize in Med Mal; your local bar association may be able to refer you to one.... Read More

You cannot sue the chiropractor unless you can get another chiropractor to testify that the chiro deviated from the standard of care in your treatment and that caused you injury.....or if you already were making a claim, Florida law is clear that the original tortfeasor (person who caused the accident) is responsible for all damages, including the damages supposedly caused by malpractice.... Read More

She could be charged with malpractice, if her performance "deviates from the standard of practice," because whether or not she is a licensed care giver, if she is playing that role, she has to comply. Having said that, if she got sued, they would have to prove that her performance, alone, was a cause of damage. The is a bit of a problem with a terminal illness. You might have a lawyer draft a "waiver of liability" for the family members individually to sign.... Read More

It does not seem so. You did not purchase rental care coverage. If I understood you correctly, the other driver claims you were at fault so his insurer is unlikely to pay you anything until that question is determined. Consult a personal injury lawyer in your area to get more information.... Read More

Insurance should cover any permissive driver unless they are specifically excepted in the policy or there is some specific provision excepting non-licensed drivers from coverage. Get the reasons for denial in writing and go see an experienced injury lawyer familiar with bad faith insurance denial cases.... Read More