Questions Answered by Drew Barnett

Q: What is lawyer?

1 Answer | Asked in Antitrust for Alabama on Oct 27, 2012

Answered on Nov 5, 2012

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Drew Barnett's answer
Looks like there was an error during the posting process. Repost with the information you were seeking and I'm sure you'll get some feedback. To get a precise answer, be sure to include as much detail as possible in your new post.

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Q: What is a civil suit and how do i find out who is filing the suit?

1 Answer | Asked in Injury Law for Illinois on Nov 2, 2012

Answered on Nov 5, 2012

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Drew Barnett's answer
A civil law suit is an action seeking monetary damages or equitable relief (like an injunction ordering an individual or entity to do/refrain from doing a particular act). Typically, monetary damages is the primary relief sought in a civil law suit. If you are sued, you will be served with a copy of the complaint and summons. Those documents will inform you of the nature of the suit and the party/parties bringing suit against you.

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Q: IS THERE A TORT CAP ON AWARDS TO A SUCCESSFUL PLAINTIFF IN A REAR END COLLISION BY A ALABAMA POLICE CRUISER

1 Answer | Asked in Car Accidents for Alabama on Feb 2, 2011

Answered on Nov 5, 2012

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Drew Barnett's answer
Yes. Pursuant to Ala. Code 11-93-2, the recovery of damages against a governmental entity is limited to $100,000.00 for bodily injury or death of an individual in any single occurrence. You should speak with a local personal injury attorney immediately as special time restrictions generally apply to plaintiffs seeking damages from governmental entities.

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Q: 16 year-old daughter rear ended someone due to sun blinding her & defroster not working. Do I need to go to court?

1 Answer | Asked in Car Accidents for North Carolina on Oct 25, 2012

Answered on Oct 29, 2012

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Drew Barnett's answer
Since your daughter rear ender someone else, sounds like your daughter is probably at fault for the accident. You should speak with your insurance company first. If a claim is filed against her, your insurer will likely provide counsel to defend the claim (at least up to amount of your policy limits). However, your insurance carrier may simply settle the claim before an attorney is needed. They should inform you of what to expect based on their current information. Good luck.

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Q: I was hurt in a head on collision that wasn't our fault. I'm 17 & I don't know what to do to sue the other driver. Help?

1 Answer | Asked in Car Accidents for Pennsylvania on Oct 25, 2012

Answered on Oct 28, 2012

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Drew Barnett's answer
I assume you sought medical treatment for your injuries after the accident. (If you haven't, see a physician immediately). Follow your doctor's advice. In the meantime, schedule an appointment with a local personal injury attorney. He or she can provide an in-depth analysis of your case and advise you of how you should proceed with your claim. Good luck.

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Q: Have a tort question

1 Answer | Asked in Injury Law for Maryland on Oct 21, 2012

Answered on Oct 28, 2012

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Drew Barnett's answer
Looks like an error occurred while posting. Go ahead and repost your legal question. When doing so, be sure to provide as many details as possible so you can get a precise answer.

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Q: I was injured in a car wreck after I hit a ladder in my lane on the interstate. No other cars. Do I have any rights?

1 Answer | Asked in Car Accidents for Alabama on Oct 18, 2012

Answered on Oct 19, 2012

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Drew Barnett's answer
Sorry to hear about your injury. Under Alabama law, roadway debris is presumed to have been left by an uninsured motorist. Therefore, you may be able to make a claim for UM benefits from your own auto insurance carrier. Alabama requires taht every auto insurance policy provide uninsured/underinsured motorists' benefits unless the policy holder specifically opts-out of such coverage. Consult an Alabama auto accident lawyer to discuss your particular uninsured policy and making a claim for...

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Q: What is "MMI"? I was recently in a car accident and the other driver's insurance company kept referring to MMI.

1 Answer | Asked in Car Accidents for Alabama on Oct 16, 2012

Answered on Oct 16, 2012

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Drew Barnett's answer
"MMI" stands for "maximum medical improvement." Essentially, an injured person reaches MMI once additional medical treatment will no longer improve his or her injuries. In the context of an accident, we always hope that MMI means you have returned to your pre-accident state. When you sustain permanent injuries from an accident, MMI usually means that your injury is "as good as it will get." Insurance adjusters assigned to a personal injury claim are generally interested in MMI because the full...

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Q: What is a judgement summary

1 Answer | Asked in Other for Alabama on Feb 29, 2012

Answered on Oct 15, 2012

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Drew Barnett's answer
I believe you are referring to "summary judgment." In civil cases, summary judgment is governed by Rule 56 of the Alabama Rules of Civil Procedure. Essentially, when a party seeks summary judgment, he or she is asking the court to rule that there is no genuine issue of material fact regarding a particular aspect of the case. If no disputed facts exist, there is no need for a jury to decide that particular issue; the judge can make the call. Thus, motions for summary judgment are often used to...

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Q: What do the letters DV stand for in front of a case number

1 Answer | Asked in Other for Alabama on Sep 21, 2012

Answered on Oct 11, 2012

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Drew Barnett's answer
Under Alabama's official online court filing system (AlaFile/AlaCourt), "DV" is a designation meaning that a particular case is a civil case in district court, as opposed to circuit court.

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Q: I worked at renosol in 2010 as a finisher repairer is it too late to file i have a knot on my left wrist

1 Answer | Asked in Injury Law for Alabama on May 12, 2011

Answered on Oct 11, 2012

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Drew Barnett's answer
Under Alabama law, individuals have 2 years to bring a personal injury claim or a workers' compensation claim. Generally speaking, the 2 year period starts to run from the date of the accident causing injury. Based on the limited details you provided, I cannot provide a more precise answer. If you believe you have a claim, you should seek the advice of an attorney immediately. If you fail to bring your claim within the applicable statute of limitations, you will likely be barred from recovering...

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Q: My husband was injured while eating lunch at a Subway restaurant. How can we resolve this matter?

2 Answers | Asked in Injury Law for California on Oct 5, 2012

Answered on Oct 11, 2012

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Drew Barnett's answer
The appropriate route to resolving your issue likely depends on the nature of the injury. Was your husband injured by a foreign object in his meal? Did he slip in the restaurant? The answer to these questions will determine the appropriate measures you need to take. You should consult a local personal injury lawyer to discuss your case in more detail. Typically, personal injury lawyers do not charge a consultation fee and can provide you with sound advice at an initial meeting. You can find a...

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Q: How much can i get paid from a car accident

2 Answers | Asked in Car Accidents for Tennessee on Apr 5, 2012

Answered on Oct 17, 2012

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Drew Barnett's answer
Without more details, no attorney can give you a precise answer to your question. The following factors may affect the amount of your damages: your past and future medical expenses, any permanent disfigurement you may have sustained in the crash, any lost earnings from work, any potential disability you may be left with, the pain and suffering you sustained, and any mental anguish you experienced. On top of all those personal factors, other variables about the at-fault driver could affect the...

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Q: How long does it take to settle a personal injury case?

3 Answers | Asked in Injury Law for Alabama on Jan 27, 2012

Answered on Oct 11, 2012

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Drew Barnett's answer
Unfortunately, there is no exact answer to your question. No two cases are alike. Many factors affect the time it takes to settle a personal injury case including the attorneys representing the involved parties, the respective insurance company and its adjuster, and the pace at which medical providers which you sought treatment respond to your attorney's request for medical records. Despite all these variables, there is one key that directly affects the time it takes to settle a personal injury...

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Q: What is comparative negligence?

2 Answers | Asked in Injury Law for Alabama on May 5, 2011

Answered on Oct 17, 2012

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Drew Barnett's answer
Contributory negligence is a defense to negligence actions that essentially states that the plaintiff's own conduct caused, or at least contributed, to his or her injury. Jurisdictions across the U.S. follow one of three different schemes regarding contributory negligence: pure comparative negligence, partial comparative negligence, and pure contributory negligence. In pure comparative negligence jurisdictions, the apportionment of damages tracks apportionment of fault perfectly--if a defendant...

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Q: My thumb got jammed in a vice at work, and had to be amputated. My boss dont want to pay my dr's bills. Can I make him?

2 Answers | Asked in Injury Law for Alabama on Nov 12, 2010

Answered on Oct 28, 2012

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Drew Barnett's answer
I agree with the other answer. Absent some unusual circumstance, you likely have a claim for workers' comp benefits. Consult a local WC lawyer to learn more about your rights. Good luck.

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