My 17yr old son slightly struck a woman whom he didn't see in the road at night on a very dark rd. She also had on a dark grey/black long sleeved shirt, dark blue jeans, and dark brown boots. He immediately stopped to see what he'd hit and called ...
I agree with the other lawyers who answered that your insurance company will likely handle the matter for you. If any liability exists, your insurance company should pay it.
However, your son may not have any liability to the pedestrian. Under Alabama law pedestrians have very limited rights if they are on a roadway (and not in a proper crosswalk). Our statutes related to pedestrians place fault on the pedestrian in many situations where the pedestrian is not in a proper cross walk. Alabama law on this issue often comes as a surprise to attorneys in other states. In over 20 years of handling car accident cases, I can tell you our laws make claims by pedestrians very difficult.See question
I was on my way to work, I stopped behind another car, waiting on the light to go green, when I was rear ended and rear ended the car in front of me. am I at fault for anything? The car that rear ended me was a Trailblazer, I was driving a small ...
No, you should not be responsible for the car in front. The driver who rear-ended you and caused the collisions should be responsible. That driver's insurance company should pay for your vehicle damage. If you were also injured, you should see a doctor as soon as possible. If you were hurt, my website and blog posts provide some information to assist you. I would also be happy to answer any questions you may have.See question
After under going two mesh hernia surgeries (still not repaired) I have decided to seek financial compensation for continued pain and suffering. I'm 71 yrs old.
Your question raises several issues. If you are seeking to pursue a claim against the doctor for malpractice, many states have specific laws governing medical malpractice claims. You should consult a lawyer who specializes in the field of medical malpractice. Those are often very difficult and costly cases.
If you are seeking to pursue claims that the mesh product itself is defective, then you need a lawyer skilled in product liability actions. Many of these cases end up in Federal Court. And, if there are multiple claims across the U.S. over the same product, they are sometimes consolidated for pre-trial purposes in a Federal Court far from you. Recent claims have been filed involving a few different hernia mesh products.
Some lawyers will handle only one of these claims but not the other. Our firm routinely handles defective medical device claims for Alabama patients. We are currently investigating two specific hernia mesh products. However, we don't handle claims against the local doctors who treated the patients. Often, these doctors were acting properly or following product guidelines. I would advise you to look around your area for a skilled lawyer who handles these types of cases. When you look, keep in mind these cases are much more complex than typical personal injury claims from car accidents or other accidents. So, you will need to look closely at area law firms. Although you are in California and we cannot handle your defective product claim, we do have some information on our website about two hernia mesh products. This information is located under the Hot Topics section of our website.See question
I have received a settlement offering to close Indemnity/Vocational/Medical,I didn't know about this until I received a letter today and have 14days to decide,what do I do?
Based on your question, it sounds as if you have a workers' compensation claim and the insurance company has offered you a settlement. Workers' compensation benefits are based on formulas. You really should consult a local attorney who specializes in workers' compensation before making a decision to accept or refuse this offer. Without knowing the facts of your injury, it is impossible to provide good advice. However, right off the bat, I will tell you that I normally do NOT recommend that my clients accept a settle closing medical benefits. Medical benefits are an important part of our law. You do not have to settle your rights to medical care for the injury. Second, it sounds as if the offer is based on a formula providing compensation for your impairment rating. However, you may be entitled to greater benefits based on vocational disability. Because of these issues, you definitely need to speak with a workers' compensation attorney who can listen to the facts of your case and provide advice. An attorney who handles these claims should provide you a free consultation.See question
Can you settle a workers comp case before reaching MMI, in the state of Alabama. Also would it be advantage to hear what the have to offer Before MMI.
I agree with attorney Cory Driggers who answered your question earlier. Cory and his firm are excellent workers' compensation attorneys and regularly handle claims in your area of Alabama. Maximum medical improvement (MMI) is very important in workers' compensation cases. If you would like more information about the significance of MMI for your case, I have included a link to a prior blog post I wrote. It is:
If I don't agree with the judge ruling and file as appeal, am I required to make payment to the other party during the appeal process?
If you are appealing a civil judgment for damages against you, you will need to post a bond. The amount of the bond depends on the judgment. The amount must be approved by the court clerk. The basic procedure is described in Rule 8 of the Alabama Rules of Appellate Procedure. You should consult an experienced appellate lawyer.See question
I'm not ending up with what I expected
How medical bills are handled in a personal injury claim is one of the most common questions from clients. The other attorneys who answered this question are correct - you should consult with your attorney. Our office discusses medical bill related issues with clients throughout the claim. I recently wrote an article addressing several common medical bill questions. I've posted the link below --
I am in the middle of a worker's comp case, and I would like a second opinion. Is it normal for my attorney to hire a case manager? I have a doctors appointment next week and the case manager told me the insurance company wants him to attend the d...
You need to speak with your attorney. The insurance carriers often hire case managers. These case managers are not loyal to you. They will often be friendly to get information from you that helps the insurance company.
In my practice, I keep notes on most of the frequently used case managers in northern Alabama. I also advise my clients concerning interactions with the case manager. You definitely need to tell your attorney about this person and seek his/her advice.See question
A parent was recently able to commit suicide while in the custody of a county jail in Kansas. I would like to seek legal advice to decide if there are grounds for any sort of legal action. This parent's death left me with a number of debts I feel ...
You certainly need a lawyer in the state where the death occurred. You will need a lawyer licensed in that state to appear in court.
Also, each state has unique laws and procedures which require expertise. For example, in my state of Alabama you would need to have a personal representative appointed to pursue a wrongful death claim. A lawyer from a different jurisdiction is unlikely to understand that process. Also, in Alabama, the damages available for wrongful death are unique and different than all other states. Finally, in Alabama, police officers and jails have certain immunities limiting lawsuits. These are all issues that require specialized knowledge and experience. I'm sure Kansas has many unique laws and procedures as well. I wish you the best in locating an attorney.See question
I had a court order by a judge in my case he awarded me a lump sum and weekly payments for life including medical relaying to my injuries. workers compensation is now after about year or more is not going by court order in paying my doctor or som...
I'm sorry to hear about your ongoing problems. I routinely handle workers compensation claims in Jackson County and elsewhere in north Alabama. I believe attorneys should continue to advise and help their clients with medical issues after a judgment or settlement. This is an important part of representing a client. I encourage you to try and schedule a meeting with your attorney to talk about your treatment issues. You may even want to get copies of the medical records from the doctor or clinic and take them to the meeting in order to move things forward quicker. I hope you are able to get the care you need.See question