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Questions Answered by J. Brent Burney
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... Read more »

J. Brent Burney
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... Read 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... Read more »

J. Brent Burney
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... Read 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
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... Read more »

J. Brent Burney
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
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... Read 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
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... Read 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 caused me... Read more »

J. Brent Burney
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.... Read 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
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
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... Read 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
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... Read more »

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