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Alabama Personal Injury Questions & Answers
3 Answers | Asked in Personal Injury for Alabama on
Q: Do i have to divulge my settlement amt from @fault insurer to MY” insurance Co. Before my underinsured claim is paid?

See question about UIM what is the law for state of Georgia

J. Brent Burney
PREMIUM
J. Brent Burney
answered on Aug 4, 2022

Yes, as part of the UIM claim process you are required to advise your carrier of the amount and receive consent from your carrier to accept the settlement from the at fault party's carrier. If you do not, your are taking a substantial risk of being barred from making a UIM claim.

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3 Answers | Asked in Personal Injury for Alabama on
Q: Do i have to divulge my settlement amt from @fault insurer to MY” insurance Co. Before my underinsured claim is paid?

See question about UIM what is the law for state of Georgia

J. Brent Burney
PREMIUM
J. Brent Burney
answered on Aug 4, 2022

Yes.

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1 Answer | Asked in Health Care Law and Personal Injury for Alabama on
Q: Can a Hospital be sued for getting bug bites while your in the Hospital?

I was being treated at shoals hospital and was there for 3 nights, while i was there i hot bug bites.

Tim Akpinar
Tim Akpinar
answered on Jul 7, 2022

An Alabama attorney could advise best, but your question remains open for a week. As a general matter nationwide, some law firms are reluctant to consider such cases. They often present defense counsel with many viable defenses. You could reach out to attorneys to discuss - that could give you a... Read more »

1 Answer | Asked in Personal Injury and Medical Malpractice for Alabama on
Q: can 2 firms perform a potential med mal case-?my statute of limitations is in sept- and i have 2 good firms interested

while they perform they investigation the statute will run out and if one of them doesnt pursue the case for any reason, id like to give the other the chance to look at the facts and maybe take the case- But i dont want to create any issues or trouble..

Tim Akpinar
Tim Akpinar
answered on Jun 15, 2022

An Alabama attorney could advise best, but your question remains open for two weeks. Your concern about the looming statute of limitations issue is valid. We are in mid-June and there is the matter of retrieving records and reviewing them without delay, depending on the schedules of medical... Read more »

1 Answer | Asked in Personal Injury for Alabama on
Q: Is it NECESSARY for separate insurance coverage, when co-owning a piece of property, like a boat.Asking for a friend.
Tim Akpinar
Tim Akpinar
answered on Jun 12, 2022

An Alabama attorney could advise best, but your question remains open for four weeks. Policies generally run with the vessel. However, this is something that should be discussed with the insurance carrier. Carriers could differ in their practices and standard procedures for underwriting their... Read more »

1 Answer | Asked in Criminal Law, Personal Injury and Civil Litigation for Alabama on
Q: I've had an affair with a client. I ended it, but he keeps pursuing me, and threatens to tell my job. What can I do

He calls, texts, and has sent things to my job. After being told not too. Im starting fear for my safety. He has incriminating text and pictures that support the affair but I also have text and emails asking him to stop contacting me.

Travis T Juneau
Travis T Juneau
answered on Jun 1, 2022

You may want to take a look at the crime of Stalking Second Degree, which states, in the relevant part, that if a person intentionally acts with an improper purpose, repeatedly harassed, telephoned, or initiated communication with another person and caused that person to reasonably fear for that... Read more »

1 Answer | Asked in Personal Injury, Medical Malpractice and Nursing Home Abuse for Alabama on
Q: Mother was in hospital then moved to a rehab facility. When D/C'd home, had unstageable pressure ulcer w/ necrosis...

and bone exposure. She had L4 Laminectomy at this time. Surgeon's Post-op notes states she had purposeful movement in ALL 4 extremities but came home as paraplegic w/ incontinence bowel/bladder, and sacral wound as described above. Mom lived alone previously. I work full-time as a nurse and... Read more »

Tim Akpinar
Tim Akpinar
answered on May 1, 2022

An Alabama attorney could advise best, but your question remains open for two weeks. I'm sorry you are in this very difficult position. This is not a question that can be answered in the brief format of this Q & A Forum. It is a complex matter, and your post raises multiple issues. In... Read more »

1 Answer | Asked in Personal Injury, Environmental, Insurance Bad Faith and Landlord - Tenant for Alabama on
Q: Apartment with black mold. Management agreed to remediate but dragging their feet. I'm a senior w/ asthma. Can you help?

This has been going on almost 6 months now. Have been consulting with Legal Services Alabama. But it seems we've reached an impasse. My biggest concern is whether apartment management will replace any items that must be discarded. But they're refusing to do that. And my renters insurance... Read more »

Tim Akpinar
Tim Akpinar
answered on Apr 29, 2022

This is something that an Alabama attorney is best suited to advise about, but your question remains open for two weeks. I'm sorry for your ordeal with the mold and the mold-induced asthma. At this point, you could reach out to injury attorneys who handle mold cases. Each state can have... Read more »

1 Answer | Asked in Personal Injury for Alabama on
Q: How do I get repaid for my costs (beyond insurance) caused by the other, at-fault driver's clear/admitted recklessness?

Almost 2 weeks ago, around 3:00 p.m. a careless driver totaled my 16 y/o son's motorcycle. The responding law-enforcement officers documented that the elderly driver had exited a private, gated residential community; then recklessly drove into the lane (county road) where my 16 y/o son was... Read more »

Nelson Craig Johnson
Nelson Craig Johnson
answered on Apr 22, 2022

Yes, the law provides for people to collect compensatory damages for injuries and property damage inflicted by another parties negligence/recklessness. For specific advice and direction you should reach out to an attorney that handles automobile/motorcycle accidents.

3 Answers | Asked in Personal Injury for Alabama on
Q: I had a slip and fall accident at the plant i work at due to oil i want to know can i sue them for premises liability

or General liability to which in the incident report they admitting they fault i have a right knee injury in which I'm keeping fluid on my knee as I stand 8 to 12 hours a day and i have already signed up for workmans comp and m just waiting. I just need some legal advise on what could i do... Read more »

J. Brent Burney
PREMIUM
J. Brent Burney
answered on Apr 8, 2022

If you were an employee of the plant owner then you would likely be limited to a claim under the Alabama Worker's Compensation Act. You have very valuable rights that are protected by the worker's compensation act. However, there strict time limits that you must follow to protect your... Read more »

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1 Answer | Asked in Car Accidents, Personal Injury and Wrongful Death for Alabama on
Q: If a person is 19 years old and the fault person in a fatal accident who is responsible for the pain and suffering costs
Randy Bryan Ligh
Randy Bryan Ligh
answered on Mar 9, 2022

In this instance, the at fault driver is responsible for the non-at fault driver's damages. The 19 year old (as opposed to a minor) is deemed to have capacity to be responsible for his actions.

1 Answer | Asked in Consumer Law, Criminal Law, Personal Injury and Car Accidents for Alabama on
Q: What are the options when you're involved in an accident with a driver whose license is suspended and uninsured?

Also, what happens if the vehicle does not belong to that driver?

Hunter Garnett
Hunter Garnett
answered on Feb 26, 2022

You have several possible claims against three possible defendants. Realistically, your recovery is likely limited by the amount of insurance that is available. I'll break down each of your possible claims, but you probably only care about the practical advice so I'll start there.... Read more »

1 Answer | Asked in Criminal Law, Personal Injury and Domestic Violence for Alabama on
Q: If I was injured on a company's property can I seek legal action I lost function of my right hand because of this

I was at the apartments they rent out to there workers when I got into a argument with someone there and they ended up draging me with there truck and also when I manged to pull myself up in to the bed I stood up and he kept swerving trying to throw me off well so happens after couple trys he... Read more »

Hunter Garnett
Hunter Garnett
answered on Feb 20, 2022

You may have a claim against the driver of the truck and his automobile liability insurance. That would be an easier case than trying to sue the company who owns the apartment complex.

In the event that the driver's insurance denies the claim, you may also have a valid claim against...
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1 Answer | Asked in Personal Injury for Alabama on
Q: What can I do about mold infestation and foundation problems in my rental?

Mold was first addressed in 2017 growing in the bathroom ceiling. Landlord remedy was bleach. When mold came back, it was again cleaned with bleach and painted. Mold continues to resurface. I recently found mold growing behind bathroom walls. Landlord again offered to clean with bleach and assured... Read more »

Tim Akpinar
Tim Akpinar
answered on Jan 31, 2022

An Alabama attorney could advise best, but your question remains open for four weeks. In terms of your question about rights as a tenant, a landlord-tenant attorney could advise on those. I'm sorry your question remains open for four weeks. It may have been overlooked in the Personal Injury... Read more »

1 Answer | Asked in Personal Injury for Alabama on
Q: How do I know if I was cheated by a lawyer I was supposed to receive a $70,000 settlement and only received 26

I was hit by a car and we got a $70,000 settlement but I only received $26,000 how do I know if I was cheated

Tim Akpinar
Tim Akpinar
answered on Jan 16, 2022

An Alabama attorney could advise best, but your question remains open for two weeks. Law firms generally provide a summary of how money is distributed at the conclusion of a case. Without knowing more details, an attorney could only make general guesses about the figures here. Assuming that you... Read more »

2 Answers | Asked in Personal Injury for Alabama on
Q: How can I find out if I was cheated by a lawyer on a settlement

I was supposed to get a 70,000. On the case but only received 26,000

Nelson Craig Johnson
Nelson Craig Johnson
answered on Jan 6, 2022

Request a settlement statement that details where the money went. I presume the gross settlement amount was $70,000.00 and some portion of that likely went to case expenses, attorney's fees and paying back medical bills or insurance subrogation. However, that is merely a presumption. Your... Read more »

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1 Answer | Asked in Criminal Law and Personal Injury for Alabama on
Q: My son is in jail and he's been treated terribly while there what can I do. I have all of the documents that's needed

The information that's needed i can provide to show what has taken place

Nelson Craig Johnson
Nelson Craig Johnson
answered on Sep 16, 2021

You should reach out to an attorney and discuss the specific actions that you believe the Jail has done wrong. This question is really to general to provide any substantive response.

1 Answer | Asked in Personal Injury and Medical Malpractice for Alabama on
Q: Can the ER ask someone with a high fever to sit in a car with no air conditioning in a parking lot that is 100°f
Nelson Craig Johnson
Nelson Craig Johnson
answered on Aug 9, 2021

Short answer is yes, should they is another question entirely. Many of the norms we typically associate with hospital protocols have been altered by COVID-19. If you suffered an injury as a result of that situation it may be worth contacting an attorney for a private consultation.

Medical...
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2 Answers | Asked in Personal Injury, Real Estate Law, Animal / Dog Law and Civil Litigation for Alabama on
Q: Myself and 8 others own an undivided lot lot with boathouses and lake access. a new is using the lot. Can he w/o permi?

The new neighbor lives adjacent to our undivided lot and got the idea if he kept it up then they could use it for extra room when having get togethers. I am concerned about injuries and them claiming the lot for themselves since they kept it up and used it for all those years. Am I correct in... Read more »

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jun 23, 2021

I believe you have answered you question: contact an attorney in your area, discuss your situation and/or give him the above post, and ask what to do/what does he recommend.

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1 Answer | Asked in Personal Injury and Medical Malpractice for Alabama on
Q: judge dismiss case before virtual hearing today. can i appeal this decision.

the decision was done at 10:03 am 3-29-2021. my hearing was for 3-29-2021 at 10:15am. for some reason at 10:11 am I could not get through to the virtual hearing with my meeting ID#. I tried several times. Please let me know if I can appeal this decision. I wasn't given a chance to defend my... Read more »

Tim Akpinar
Tim Akpinar
answered on Apr 13, 2021

An Alabama attorney could advise best, but your post remains open for three weeks. You could continue to await a response, but you could also consider reaching out to local attorneys to review the matter. As a GENERAL matter in most jurisdictions, an attorney would want to know whether the... Read more »

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