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Alabama Personal Injury Questions & Answers
1 Answer | Asked in Car Accidents and Personal Injury for Alabama on
Q: What is the average settlement from a rear ended accident ? Whiplash,c4/c5 injury, back brace and physical therapy?

Just looking for settlement amounts that are reasonable . I have a lawyer but we have not discussed amounts.

Mitchell G. Lattof Jr
Mitchell G. Lattof Jr
answered on Jan 23, 2023

There is no "average" settlement. There are many factors that have to be evaluated in order to determine what a reasonable settlement might be in your case. These would include extent of negligence on the part of the other party, issue of any potential contributory negligence on your... Read more »

0 Answers | Asked in Medical Malpractice and Personal Injury for Alabama on
Q: Can I file a medical negligence case on my own in the state of Alabama so I won’t lose my statue of limitations?

I had a big law firm that I signed a contract with and they had my case for a long time and I got a letter from them saying that they were not going to represent me shortly before Christmas with no specifics as to why they are not going to represent me after having my case for so long. They sent my... Read more »

1 Answer | Asked in Libel & Slander and Personal Injury for Alabama on
Q: Are attorneys hands tied as far as filing lawsuits for incidents that happened during the pandemic if it was negligence?

I was in a medically induced coma because of Covid 19 and I came out of the coma. I fell from the bed on the floor and my heart stopped and they brought me back several times & I sustained a hypoxic brain injury. & was reintubated. I have my official medical records and I signed a contract... Read more »

Tim Akpinar
Tim Akpinar
answered on Jan 14, 2023

An Alabama attorney could advise best, but your question remains open for two weeks. Don't lose further time awaiting a reply here. This isn't an attorney referral service, so there's no point awaiting a reply regarding possible representation. With a looming statute of limitations,... Read more »

1 Answer | Asked in Medical Malpractice and Personal Injury for Alabama on
Q: Is a hospital liable if I fell out of a hospital bed on the floor after surgery and had a hypoxic brain injury?

I came back from emergency surgery from nasal cauterization and the top bed rail was left down. I had just been placed in the step down unit from coming out of a medically induced coma due to Covid 19. I was recovering very well but could not not walk or sit up in the bed without help and I was... Read more »

Johnny Adams
Johnny Adams
answered on Jan 3, 2023

Yes, this may be a medical malpractice claim.

1 Answer | Asked in Medical Malpractice and Personal Injury for Alabama on
Q: Are there any lawyers in Alabama that are taking medical negligence cases that happened during the pandemic?
Hayden Glass Sizemore
Hayden Glass Sizemore
answered on Dec 30, 2022

Hi, there are specific statutes of limitations that apply to negligence claims. Most claims must be filed within two years of the injury. If your injury is more than two years old, you may not be able to file a lawsuit. Whether you can pursue damages for the negligence will depend upon the date of... Read more »

1 Answer | Asked in Personal Injury, Probate and Estate Planning for Alabama on
Q: What does it mean when the Probate Judge gives a check to the paralegal in Alabama
Tim Akpinar
Tim Akpinar
answered on Dec 21, 2022

An Alabama attorney could advise best, but your question remains open for three weeks. If this is about a personal injury case (the originally posted category) that involves an estate, you may want to add "Estate Planning" and "Probate" to your categories. Good luck

1 Answer | Asked in Appeals / Appellate Law, Personal Injury, Car Accidents and Civil Litigation for Alabama on
Q: How should you transition to a new lawyer for a civil appeal?

I contacted an appellate attorney for consideration of a civil appeal/post-trial actions, but they said they couldn't discuss anything with me according to AL law, because I was already represented. Is there an official way to sever relations with my current attorney? I am concerned about the... Read more »

Allan Lamar Armstrong
Allan Lamar Armstrong
answered on Nov 15, 2022

Normally, you are simply going to terminate the lawyer. This ends the relationship. It might, however, be wise to seek the lawyer's advice regarding an attorney for the appeal. It may be difficult to find another attorney within the time limits for appeal if you have terminated one attorney.

1 Answer | Asked in Contracts, Personal Injury and Civil Litigation for Alabama on
Q: What is a good percentage to accept for my representation (contingency fee) for a tortious conduct case?

I am in the process of hiring a lawyer on a contigency fee basis, to sue for tortious conduct for interference of a body. emtional distress, etc. What is the normal/good percentage for a lawyer for such a case?

Hunter Garnett
Hunter Garnett
answered on Oct 24, 2022

It varies from jurisdiction to jurisdiction. Typically, in Alabama, the minimum fee for a personal injury case is 1/3 of the settlement.

It is not uncommon for the fee to increase to 40% or even 45% if the case is litigated or taken all the way to trial. Complex or difficult cases, such as...
Read more »

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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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 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 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 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.

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 »

0 Answers | Asked in Personal Injury for Alabama on
Q: Injury from Chiropractor

I went to a chiropractor regularly for my neck and lower back. I have alot of problems on the left side of my neck. One day the chiropractor decided to adjust my shoulder, which she had never done for me before. I immediately felt pain after she tried to do whatever she thought she was doing. It... Read more »

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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