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Questions Answered by J. Brent Burney
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
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J. Brent Burney
answered on Aug 4, 2022

Yes.

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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... View 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... View More

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2 Answers | Asked in Personal Injury and Car Accidents for Alabama on
Q: I have done my deposition about 4 months ago, and is there a time frame on the person I'm suing to do there deposition?

The person Im suing hasn't did there deposition and I wanted to know could they wait until next year to do theirs, or is it a time frame for them to do theirs. My deposition was held four months ago.

J. Brent Burney
PREMIUM
J. Brent Burney
answered on Aug 27, 2020

Since the matter is filed and you likely have an attorney, you should direct your question to your attorney. I feel that it would be inappropriate for me to answer this question if you have an attorney.

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1 Answer | Asked in Criminal Law for Alabama on
Q: What can legally happen if a 17 year old and a 14 old get in a fight?
J. Brent Burney
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J. Brent Burney
answered on May 26, 2020

I am sorry but I would need more information to provide a substantive answer to this question. Both participants would be juvenile, so any charges would likely be filed in the juvenile court. However, the facts of the incident could change that. For example, if there was a serious physical... View More

2 Answers | Asked in Personal Injury and Wrongful Death for Alabama on
Q: My mother died of matastitic ovarian cancer in 1996 talcumpowder, can I bring a case under toxic tort law
J. Brent Burney
PREMIUM
J. Brent Burney
answered on Apr 17, 2020

You may be able to file a claim. There is currently litigation pending against the manufacturers of talcum powder, particularly Johnson and Johnson. You should immediately contact an attorney in your area to discuss your mother's death in more detail to determine if there is a viable claim.

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1 Answer | Asked in Personal Injury for Alabama on
Q: Rotary cuff injury with 15% loss. @70 yrs of age, is $4000+ in settlement enough? He was holding 2 jobs when accident

Fired from main job... little to no work from 2nd job

J. Brent Burney
PREMIUM
J. Brent Burney
answered on Mar 24, 2020

Unfortunately I cannot answer this question based on the information provided. I assume that this is a worker's compensation case. Settlement values depend on multiple factors like the worker's average weekly wage, weeks of TTD benefits that have been pain, and several other factors. I... View More

1 Answer | Asked in Personal Injury and Civil Litigation for Alabama on
Q: Accident happened in Tennessee I live in Alabama the defendant is a national corporation with place's of business in Al.

Can I file a Federal lawsuit in Alabama

J. Brent Burney
PREMIUM
J. Brent Burney
answered on Feb 28, 2020

This is a very technical question that will depend on in depth analysis of the facts. I would suggest you schedule a meeting with an attorney that routinely practices personal injury law in the Federal courts.

1 Answer | Asked in Legal Malpractice for Alabama on
Q: personal injury lawyer never returns phone calls/emails after contract.no status updates. help

I have no idea of status of case after 8 mos was needing a pre-settlement loan, which he could have said no, but said nothing No communication. I am supposed to get all medical histories but have no car. Adjuster has no idea of worth of case or progress.Finally he called and said he'd agree to... View More

J. Brent Burney
PREMIUM
J. Brent Burney
answered on Feb 14, 2020

Your attorney is typically responsible for dealing with Medicare issues. The MSP and Medicare liens can be a complicated matter. All that I can advise is that you set up an appointment with your current attorney to discuss your case and concerns. Good luck.

1 Answer | Asked in Criminal Law for Alabama on
Q: What is the penalty for assault 3rd pleading guilty
J. Brent Burney
PREMIUM
J. Brent Burney
answered on Sep 24, 2019

Assault in the third degree is an A class misdemeanor. It carries up to a 12 months in the county or city jail and/or a fine not to exceed $6,000.00. A conviction would also have court cost and possible claims of restitution. You should consult a criminal defense attorney and discuss all of the... View More

1 Answer | Asked in Personal Injury and Nursing Home Abuse for Alabama on
Q: Can a nursing home be held accountable for neglect?

My loved one is physically and mentally challenged and unable to speak and has a peg tube. He has been hospitalized and sent to the ER several times for different reasons ( infections, dehydration, peg tube dislodgment, peg tube misplacement). There was even a time I’ve gone to visit and noticed... View More

J. Brent Burney
PREMIUM
J. Brent Burney
answered on Sep 20, 2019

Yes, they can, and should, be held liable for negligent acts that cause harm to the resident. These claims fall under the Medical Liability Act in Alabama. If the nursing home and its staff breaches the standard of care, and the resident suffers harm as a result of the breach then you could have... View More

2 Answers | Asked in Personal Injury and Products Liability for Alabama on
Q: Food Poisoning from Burger King. In 1995, I had gotten a terrible case of good poisoning.

Food Poisoning from Burger King. In 1995, I had gotten a terrible case of good poisoning. Went to the emergency room, had many tests done and the doctor confirmed it was what I had eaten, a burger from Burger Kind. I had the paperwork and went to the restaurant and spoke with the manager. Days... View More

J. Brent Burney
PREMIUM
J. Brent Burney
answered on Aug 3, 2019

You will not be able to bring a suit a case against Burger King. In Alabama there is a two year statute of limitations on negligence cases. Which means that you must file a lawsuit against the negligent party within 2 years of the negligent act causing you injury. In you particular situation... View More

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4 Answers | Asked in Car Accidents and Personal Injury for Alabama on
Q: Would grass clippings blown in the roadway intentionally, causing injury or death in an accident be cause for a lawsuit?
J. Brent Burney
PREMIUM
J. Brent Burney
answered on Jul 26, 2019

If grass clippings were negligently or intentionally blown into the road and the clippings were the cause of an accident that could be the basis of a lawsuit for injury or death.

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3 Answers | Asked in Personal Injury for Alabama on
Q: In July 2017 my grandson was involved in a 'at fault' accident in Mobile County Alabama in a vehicle registered to me.

A passenger is now suing me for negligence. Soon after the accident I took the grandson off my insurance (Liberty Mutual). Shortly after that, I changed insurance companies and dropped both my automobile and umbrella coverage. Since the both policies were in force at the time of the accident, is... View More

J. Brent Burney
PREMIUM
J. Brent Burney
answered on Jun 24, 2019

In general, if your insurance was in full force on the day of the accident Liberty Mutual would owe you coverage. You should notify the carrier immediately about the suit.

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1 Answer | Asked in Criminal Law and Personal Injury for Alabama on
Q: If I was falsely accused of vandalism is it a case?
J. Brent Burney
PREMIUM
J. Brent Burney
answered on May 15, 2019

I assume you mean, do you have a civil cause of action against the person that falsely accused you of vandalism. If so, that would depend on several facts. In short you would have to prove that the individual knowingly and intelligently made false statements about you. If so you could have a... View More

2 Answers | Asked in Personal Injury and Animal / Dog Law for Alabama on
Q: My sister was in a drug recovery center when the manager pit bull bit her in the face causing major damage. What should

What should she start off asking for damages. Her eye and lip was really damaged

J. Brent Burney
PREMIUM
J. Brent Burney
answered on Apr 25, 2019

Dog attack and dog bite cases can be difficult cases primarily due to insurance coverage issues. The first thing your sister should do is to put the dog owner and drug recovery center an official notice of her claim for damages. To fully protect her rights she should consult a personal injury... View More

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1 Answer | Asked in Personal Injury for Alabama on
Q: I have a question about the "Open and Obvious Danger" law in Alabama. See details below. Is my complex liable?

I live in an apt complex & there are small drainage ditches across our front yard. I was walking in my front yard from my neighbor's apt to mine. (I was not walking in the ditch) I stopped to make sure I shut her storm door all the way and when I turned around the ground was uneven and it... View More

J. Brent Burney
PREMIUM
J. Brent Burney
answered on Apr 10, 2019

A landowner generally does not have a duty to warn of dangerous conditions that are open and obvious. In other words, if the dangerous condition is known, or should have been seen or observed by the injured party, the landowner is not responsible for injuries caused by the dangerous condition.... View More

1 Answer | Asked in Workers' Compensation for Alabama on
Q: is it possible to re-open a settled WC claim if one feels they were misrepresented concerning the amount of settlement?

the case was 1st settled in 2005 but I have since learned that I could have received a much higher settlement

J. Brent Burney
PREMIUM
J. Brent Burney
answered on Apr 8, 2019

I am not aware of any way that you can re-open the indemnity portion of your settlement at this point in time. Once the Judge signs the judgment it becomes final after 30 days.

3 Answers | Asked in Car Accidents, Personal Injury and Products Liability for Alabama on
Q: I was hit in a car accident March 1st 2019 I had liability on my automobile the other driver was at fault do I have case

audio footage of the accident I had liability I'm looking to sue for the loss of my car my loss of wages pain and suffering

J. Brent Burney
PREMIUM
J. Brent Burney
answered on Apr 6, 2019

Yes, you would have a claim for the property loss, medical bills, pain, and suffering. You could also recover your lost wages if you have proof that you missed work as a result of the injuries suffered in the accident. The property claim is separate from your bodily injury claim. Thus, you can... View More

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2 Answers | Asked in Personal Injury and Car Accidents for Alabama on
Q: Do I have to wait to cash any insurance settlement check for damage to my SUV if I also want to file a personal injury

claim for medical bills?

J. Brent Burney
PREMIUM
J. Brent Burney
answered on Nov 20, 2018

Generally you do not have to wait. The property damage claim is a separate claim from your bodily injury claim which includes claims for medical bills. You should make certain that there is no language on the endorsement section of the check that states you are waiving all claims related to the... View More

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