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Alabama Personal Injury Questions & Answers
0 Answers | Asked in Civil Rights, Medical Malpractice, Civil Litigation and Personal Injury for Alabama on
Q: How can I file a lawsuit against Aliceville prison for failing to provide necessary medical care for my hip?

I was released from federal prison in May 2025. Prior to my arrest in November 2024 for probation violation, I was scheduled to undergo hip surgery. I informed the prison staff at Aliceville and the health services about my bad hip after arriving on January 3, 2025. Although they scheduled an X-ray... View More

3 Answers | Asked in Car Accidents, Agricultural Law and Personal Injury for Alabama on
Q: Can I pursue legal action after hitting a bull with no personal car insurance?

I was driving in a rural area and encountered three bulls walking freely across the road. I missed the first two bulls but hit the third one, which resulted in my car being completely totaled and all airbags deploying. I injured my leg in the incident and haven't talked to the owner of the... View More

Cameron L. Hogan
Cameron L. Hogan
answered on May 16, 2025

Unfortunately, no. Livestock owners have immunity from car accidents caused by livestock in Alabama. Additionally, since there is no cause of action against the owner, uninsured motorist coverage does not apply either. The only insurance that applies is comprehensive coverage and medical payments... View More

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2 Answers | Asked in Workers' Compensation, Energy, Oil and Gas and Personal Injury for Alabama on
Q: What will my weekly workers' comp benefits be after becoming permanently disabled due to a job injury?

I was permanently disabled due to an electrocution injury that occurred while I was working at a coal mine. Since then, workers' compensation has not made payments since October 2024. Initially, I was receiving 66% of my weekly earnings, which were $841 per week. Now that I am unable to work... View More

Hunter Garnett
Hunter Garnett
answered on May 14, 2025

Your payments will likely stop when you reach maximum medical improvement and are released back to work, with or without restrictions.

In my experience, workers comp insurance companies are the most difficult insurance companies to deal with.

Depending on the extent of your...
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2 Answers | Asked in Car Accidents, Business Law, Contracts and Personal Injury for Alabama on
Q: Can I sue for car damage from an accident caused by someone else in Alabama if I only have liability insurance?

I was involved in a car accident where the other driver was at fault, according to the police report. My car was damaged, and I only have liability insurance. It's a company vehicle, and I can't talk directly with their insurance. I also have photographs of the damage. Can I sue for the... View More

Hunter Garnett
Hunter Garnett
answered on May 14, 2025

The crash report should have the company’s insurance information. If not, the company should provide that information to you.

If you have trouble, a few consultation could help answer additional questions.

Hopefully, the case can be settled without a lawsuit. Filing lawsuits can...
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1 Answer | Asked in Civil Rights, Libel & Slander and Personal Injury for Alabama on
Q: Can I sue for defamation if a false PFA was dismissed?

I was served with a PFA (Protection from Abuse) based on false accusations, claiming that I tried to run the plaintiff off the road. My coworkers and video footage from my workplace proved I was at work all day, and the PFA was eventually dismissed. These false allegations cost me significant... View More

James L. Arrasmith
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answered on May 14, 2025

Yes, you may have grounds to sue for defamation, especially if you can prove the PFA was based on knowingly false accusations. When someone files a protection order with false claims, and those claims are proven untrue with clear evidence like work logs and video footage, that can potentially meet... View More

1 Answer | Asked in Workers' Compensation, Legal Malpractice and Personal Injury for Alabama on
Q: Workers' compensation case mishandling by my law firm.

I have a workers' compensation case that was originally handled by a lawyer who actively pursued violations against me and had a court motion for my benefits. After about eight months, she left the firm without any explanation, and I was assigned a new lawyer. I discovered the change only... View More

James L. Arrasmith
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answered on May 14, 2025

I'm really sorry you're dealing with this. It’s stressful enough navigating a workers’ compensation case without being left in the dark by the very people who are supposed to fight for you. When your original lawyer left without notifying you, and the new attorney came in without... View More

Q: Is my company liable for legal fees after an accident caused by fatigue during long working hours?

I was involved in a fatal accident because I fell asleep driving a company truck during my 28th consecutive hour of work. We worked all day and night at a power plant and then drove back to the shop. We were pressured to finish the job, and the company was aware of how long we had been working. The... View More

James L. Arrasmith
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answered on May 14, 2025

What you’re going through is devastating, and you’re carrying a heavy weight that no one should have to bear alone. The fact that you were working 28 hours straight, under company pressure and without rest policies, raises serious concerns about employer responsibility. While the company’s... View More

1 Answer | Asked in Libel & Slander, Real Estate Law and Personal Injury for Alabama on
Q: Can I sue for portrayal in the movie and property issues?

I believe my family historically owned the property known as the Conjuring House in Rhode Island, which was also linked to the first Conjuring movie. I'd like to know if I can sue for the portrayal of my family in the movie and possible issues concerning the property's ownership. I think... View More

James L. Arrasmith
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answered on May 14, 2025

Your connection to the Conjuring House and the way your family may have been portrayed in the movie raise serious emotional and legal questions, especially if you feel your name, story, or likeness was used without permission. If the film referenced your family directly or made clear, identifiable... View More

1 Answer | Asked in Education Law, Criminal Law and Personal Injury for Alabama on
Q: How to pursue legal action for a child pulling down another child's pants at school in Alabama.

I want to know how to pursue legal action after an incident at my child's school in Alabama, where another child pulled down my child's pants. The school administration has decided to punish the other child, but I want to prosecute the child involved in this incident. No police report has... View More

James L. Arrasmith
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answered on May 14, 2025

What your child experienced is deeply upsetting, and it’s understandable that you want to take serious action to protect their well-being and hold the other child accountable. In Alabama, an incident like this could be considered a form of harassment or even misdemeanor assault, depending on the... View More

Q: How long can someone be held for safekeeping until extradited for a parole violation?

My family member was charged in Mobile, AL, for safekeeping and has been in jail for about a week. He faces a parole violation in Escambia, FL, but they haven't responded to Mobile's communication regarding his pick-up. Mobile stated he won't have a court date and provided no... View More

James L. Arrasmith
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answered on May 15, 2025

vWhen someone is held for safekeeping in a different jurisdiction pending extradition for a parole violation, there isn’t a fixed timeframe for how long they can be detained. The holding jail, in this case Mobile, AL, typically keeps the person until the requesting jurisdiction—in your family... View More

1 Answer | Asked in Business Law, Contracts, Personal Injury and Products Liability for Alabama on
Q: Can I be personally sued for soap issues sold through LLC in AL?

I manufacture soap using natural ingredients with added fragrance oil and dye, both safe for soap making. My stepdaughter sells the soap through her LLC's online boutique; she operates in Mississippi while I manufacture in Alabama. We're concerned about potential liability issues. I... View More

James L. Arrasmith
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answered on Apr 11, 2025

This is a completely valid concern, especially since you're making the product without the protection of a business entity. Because you're manufacturing the soap as an individual and not through an LLC or corporation of your own, you *can* be personally sued if someone has an issue—like... View More

1 Answer | Asked in Civil Litigation, Personal Injury and Real Estate Law for Alabama on
Q: Can my neighbor be charged for damaging her own tire?

I have been accused by a neighbor of causing property damage, specifically a flat tire on her vehicle. The neighbor lives on a hill with a long driveway affected by water erosion and a nearby fence built by a farmer. I have had various disputes with her, but there has been no communication directly... View More

James L. Arrasmith
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answered on Apr 12, 2025

This sounds like a frustrating and unfair situation to be caught in, especially if you’ve done nothing wrong. In Alabama, someone cannot be charged for damaging their own property unless there’s evidence that they’re doing so with intent to commit fraud, like filing a false insurance claim.... View More

3 Answers | Asked in Civil Litigation, Personal Injury and Real Estate Law for Alabama on
Q: Can someone legally sell a mobile home and belongings without owner's consent in Alabama?

My mother owns her mobile home and has the physical deed in her name. In November 2024, the mobile home was moved off of a lot at a previous mobile home park by an unknown mover without her consent. We recently found out that this mover sold all her belongings inside the home and intends to sell... View More

James Blount Griffin
James Blount Griffin
answered on Apr 4, 2025

The lawyerly answer is: "It depends." Read the various contracts related to the mobile home, which I presume your mother owned outright, and the leasing of the lot, which she did not own. if she fell behind on her rent of the lot, the terms of eviction and removal of her mobile home... View More

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1 Answer | Asked in Personal Injury for Alabama on
Q: Law enforcement did not do a police report despite me being found 30 fr off the road with a suburban hematoma

And a brain that had moved more than ten cm. I was life flighted to trauma center for a crainiectomy. I can’t sue anyone because they didn’t do a police report

James L. Arrasmith
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answered on Apr 13, 2025

Even if there is no police report, you may still have legal options. The lack of a police report does not necessarily prevent you from pursuing a case, but it can make things more complicated. It’s important to gather all available evidence, such as medical records, witness statements, and any... View More

1 Answer | Asked in Car Accidents, Legal Malpractice and Personal Injury for Alabama on
Q: Can I pursue legal malpractice against a firm for not pursuing a $1M Uber policy after an accident?

In August 2022, I was involved in a rideshare accident while driving for Uber. The other driver was uninsured, and my vehicle was severely damaged. I suffered injuries, including cervicalgia and post-concussional syndrome, which required ongoing medical treatment. I hired a law firm to handle my... View More

James L. Arrasmith
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answered on Apr 13, 2025

You may have a valid claim for legal malpractice if your former law firm failed to pursue the $1M Uber commercial insurance policy and mishandled your case. If the firm neglected to act on key evidence, such as the Uber dashcam footage, and concealed other critical claims, they could be held... View More

1 Answer | Asked in Criminal Law, Personal Injury and Civil Litigation for Alabama on
Q: What legal actions can I take after my ex trapped me on their property and my car caught fire?

I visited my ex's property when they told me they needed me there, but once I arrived, they blocked the entrance with their truck, preventing me from leaving. During this time, my vehicle caught fire. There were no witnesses to the incident, and I have messages from my ex asking me to come to... View More

James L. Arrasmith
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answered on Apr 13, 2025

In this situation, you may have grounds for several legal actions. First, your ex's actions of blocking your exit could be considered unlawful imprisonment or false imprisonment, as they intentionally prevented you from leaving their property. This could be a criminal offense, and you may want... View More

3 Answers | Asked in Car Accidents, Personal Injury and Insurance Defense for Alabama on
Q: Should I hire my own lawyer for Uber accident injuries in Alabama?

I was injured in an Uber accident where I was a passenger. I've talked to Uber and the police about the incident. The Uber driver is hospitalized, and I have undergone a CAT scan for my injuries. Should I hire my own lawyer to handle my case, or will Uber take care of it through their insurance?

Mitchell G. Lattof Jr
Mitchell G. Lattof Jr
answered on Feb 17, 2025

You certainly have the right to handle it yourself through Uber's insurance, however most attorneys would recommend that you at least consult with a lawyer to make sure that your rights are best protected and that you recover everything that you're entitled to for your injuries. There are... View More

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1 Answer | Asked in Personal Injury, Appeals / Appellate Law and Car Accidents for Alabama on
Q: I am getting sued by an insurance company due to accident with no insurance. How do I file an appeal?
Tim Akpinar
Tim Akpinar
answered on Jan 21, 2025

An Alabama attorney could advise best, but your question remains open for a week. It sounds like the insurance carrier is pursuing a subrogation claim against you after they paid their policyholder. If you consulted with a local attorney, they could offer more meaningful direction after seeing the... View More

1 Answer | Asked in Personal Injury and Real Estate Law for Alabama on
Q: I own a home in hartselle al and the city filled all drainage ditches causing water to run under my house
Tim Akpinar
Tim Akpinar
answered on Dec 24, 2024

An Alabama attorney could advise best, but your question remains open for almost two weeks. You could reach out to attorneys who have experience in real estate/construction/civil litigation. In a case like this, the first thing the city is going to come back at you with is the fact that they were... View More

1 Answer | Asked in Personal Injury and Car Accidents for Alabama on
Q: My son and I were in a wreck earlier this year. We have a current case that’s trying to be resolved.

I was told his settlement will be held by the court since he’s a minor (4). Is there anyway around that?

Jeffrey G. Blackwell
Jeffrey G. Blackwell
answered on Nov 21, 2024

Great question. Alabama law provides several protections to minors in personal injury cases. First, the statute of limitations (time period in which we must file a case) for a minor does not run until the child reaches the age of majority (adulthood). That gives the minor time to make his or her... View More

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