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Alabama Personal Injury Questions & Answers
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

1 Answer | Asked in Personal Injury for Alabama on
Q: How hard is it to win a defamation case against a person. The statements made she knew were false and hurt my reputation

My mother in law filed a petition for custody of my husbands children stating I was a drug addict and referred to me as a concubine. She states I'm an unsafe individual all in which she knows is false. She ruined my reputation and caused my husband and I serious emotional turmoil even still.... View More

Michele McBride Simonelli
Michele McBride Simonelli
answered on Nov 2, 2024

It sounds like you may have a potential case for defamation, interference with employment, and possibly other civil claims. In a situation like this, several factors could play into whether you have a viable legal claim. Here’s an overview of what you’d need to consider:

Defamation: To...
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1 Answer | Asked in Personal Injury and Car Accidents for Alabama on
Q: Can I also utilize my uber insurance if a claim that I already filed with my personal insurance policy exceeds the limit

I was recently involved in a car accident in which I was at fault. So I filed a claim with my personal Safeco insurance. However, at the moment the claim appears that if will exceed the policy limits. So I wondering if I could also use my uber insurance to cover the excess costs of the claim. I... View More

Tim Akpinar
Tim Akpinar
answered on Oct 21, 2024

An Alabama attorney could advise best, but your question remains open for two weeks. Until you are able to consult with a local attorney, it could depend on the terms of the policy and the leniency of the claims representative. Based on the facts, they could deny, since awaiting an order could mean... View More

1 Answer | Asked in Personal Injury, Animal / Dog Law, Arbitration / Mediation Law and Civil Rights for Alabama on
Q: What should I do for trial for receiving stolen property if I found a business' grocery cart off of the property for dog

Walking from Mississippi to Alabama with dog in cart

James L. Arrasmith
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answered on Sep 20, 2024

If you're facing trial for receiving stolen property after finding a grocery cart off a business property, it’s important to explain your situation clearly. Start by presenting the facts: you found the cart, used it for a practical purpose (walking your dog), and had no intention to steal.... View More

1 Answer | Asked in Bankruptcy and Personal Injury for Alabama on
Q: I am apart of the 3m earplug settlement and funds that were released on 7-15-2024 are on hold due to bankruptcy.

It was a chapter 7 which was discharged in 2022. I provided my lawyers said document and they claimed to have forwarded to settlement admin. This was in February. Today I got the exact same email from them almost word for word. I feel like there is negligence and mishandling of my case as it's... View More

James L. Arrasmith
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answered on Aug 5, 2024

It sounds frustrating to be in a situation where you feel your case is not being handled properly. First, consider reaching out directly to your lawyer for clarification on what has happened since you submitted your documents in February. Express your concerns about the lack of communication and... View More

1 Answer | Asked in Criminal Law, Personal Injury and Civil Rights for Alabama on
Q: Is it legal for an officer to intimidate you by telling you they know you filed a complaint against one of their officer

After telling you they know who you are and know you filed a complaint against one of their officers , and proceeds to say they are getting a search warrant for your home , you go back toward your home and tell you child that’s inside to lock the door because this is retaliation and... View More

James L. Arrasmith
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answered on Jul 28, 2024

What happened to you sounds extremely distressing and potentially unlawful. Intimidation and threats from law enforcement officers can be grounds for legal action, particularly if they involve retaliation for filing a complaint. If an officer entered your home without a search warrant and used... View More

1 Answer | Asked in Employment Law, Personal Injury, Civil Rights and Employment Discrimination for Alabama on
Q: I feel that I was racially discriminated against with my job. What do I do?

I worked for a company which was placed in a location primarily different race than myself. I went on medical leave and when it was ok’d for me to return to work. The location that my company was at asked my work to not allow my return. That I was no longer allowed there. I haven’t done... View More

James L. Arrasmith
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answered on Jun 21, 2024

I understand you're in a difficult situation and feel you may have experienced racial discrimination at work. Here are some steps you could consider taking:

1. Document everything:

- Write down all relevant dates, events, and conversations

- Gather any evidence you have...
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1 Answer | Asked in Personal Injury, Civil Rights, Domestic Violence and Libel & Slander for Alabama on
Q: Can I sue my father for 49 years of Mental and emotional abuse? I'm 49 and have psychiatric records from the age of 19

I'm 49 years old and my father still stalks me. He spreads lies about me to paint me in a negative light. I have emotional which exploits. He lies to discredit me if I were to tell anyone about the things. He tries to justify the way he treats me just by thinking that if he has some kind of... View More

James L. Arrasmith
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answered on Jun 15, 2024

I'm truly sorry to hear about your situation. You may have grounds to pursue legal action against your father for mental and emotional abuse, especially given the long history and the severity of his actions. Consulting with an attorney who has experience in family law and abuse cases can help... View More

1 Answer | Asked in Car Accidents and Personal Injury for Alabama on
Q: personal /property injury I was trapped in a car wash. I cannot find an attorney. How can I sue the company myself?
Tim Akpinar
Tim Akpinar
answered on Jun 10, 2024

An Alabama attorney could advise best, but your question remains open for a week. It could depend on how severe the incident was and its duration. One possibility with the attorneys who declined the case could be that they did not see serious liability on the part of the car wash, or that they did... View More

2 Answers | Asked in Appeals / Appellate Law, Civil Rights, Constitutional Law and Personal Injury for Alabama on
Q: I am a civil prose litigant who is recovering from a judge ordering the bailiff to assault and arrest me over and over

This happened in 2020 and I would like to sue for damages I’ve filed for civil rights violations but the sheriff refused to give me name of bailiff

John Michael Frick
John Michael Frick
answered on May 20, 2024

Your post does not contain a discernible question. You should reword it to ask the question you would like a lawyer to answer. For example: "What defenses should I expect a judge and/or bailiff to raise if I file a lawsuit? How much do attorneys in this area of law typically charge in and... View More

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1 Answer | Asked in Personal Injury, Traffic Tickets, Small Claims and Car Accidents for Alabama on
Q: Will I be responsible to pay damages if I'm being sued. I was the middle vehicle in a 3 vehicle rear-ending?

I was involved in a motor vehicle accident. I was in a company owned vehicle and was on company time. I was at a stop in a left turning lane with my blinker activated. A car rear-ended me resulting in me also rear-ending the vehicle in front of me. Authorities came to the scene, a report was made,... View More

Tim Akpinar
Tim Akpinar
answered on May 30, 2024

It would be best for an Alabama attorney to advise you, as your matter involves state-specific vehicle and traffic laws. However, in virtually all jurisdictions, the middle car (your car) in a setting such as this is usually not liable. It's not your fault that someone hit you. It's no... View More

1 Answer | Asked in Personal Injury and Insurance Bad Faith for Alabama on
Q: Why doesn't the defendants homeowners policy pay restitution the defendent has lived with mother 23 years and she was ne

She was negligent in bed but knèw what was happening in her home

Tim Akpinar
Tim Akpinar
answered on Apr 18, 2024

An Alabama attorney could advise best, but your question remains open for two weeks. Without knowing more details about your matter, homeowner policies have specific guidelines for what they cover and what they exclude in terms of property losses. Good luck

1 Answer | Asked in Medical Malpractice and Personal Injury for Alabama on
Q: I injured my hip 4 years ago and I had surgery well the blood was compromised going to the bone and they told that it

Look good . Well the bone fell apart and I went to see them last week and he supose to set up appointment for surgery that same afternoon and I haven’t herd anything and they want answer any of my messages

Tim Akpinar
Tim Akpinar
answered on Apr 1, 2024

An Alabama attorney could advise best, but your question remains open for three weeks. I'm sorry for your ordeal. You may have already succeeded in arranging for emergency surgery by now, but if not, one option is to reach out to a law firm to try to set up free initial consult to discuss. You... View More

1 Answer | Asked in Personal Injury, Appeals / Appellate Law, Civil Rights and Legal Malpractice for Alabama on
Q: Does the 30 days start after the actual date the Judges decide (Dec 8) or the CERTIFICATE OF JUDGMENT (Dec 26) date?

I appealed a civil case and the Supreme Court of Alabama Judges which was, Affirmed. No Opinion. Need to know if the 30days to send a motion for reconsideration with new evidence deadline is January 8th or January 26?

James L. Arrasmith
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answered on Jan 8, 2024

The deadline for filing a motion for reconsideration in the Supreme Court of Alabama typically starts from the date the judgment is officially entered, not the date the decision is made. In your case, if the Certificate of Judgment was issued on December 26th, that is likely the date from which... View More

1 Answer | Asked in Libel & Slander, Personal Injury and Divorce for Alabama on
Q: What is the statue of limitations in Alabama to file a lawsuit against your ex-husband for slandering my character?

How do I begin the process? I am in Alabama!

T. Augustus Claus
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answered on Oct 2, 2023

In Alabama, the statute of limitations for defamation is generally two years from the date the statement was made. To begin the process, typically you would start by filing a complaint in the appropriate court.

1 Answer | Asked in Medical Malpractice and Personal Injury for Alabama on
Q: I have a question about medicall malpractice. I had fluid removed from my knee. The Dr did not use an alcohol swab.

The Dr removed 12 cc of clear liquid, my leg did not hurt me it was a fluid pocket. I noticed he didn't use s swab but I thought maybe it was a new type of syringe. 2 days later I was in pain, and knee was huge. I called the Dr and he said, weekend go to the emergency room. I did and monday... View More

Joel Gary Selik
Joel Gary Selik
answered on Sep 21, 2023

You have a potential medical malpractice case. The first issue is, did the doctor act below the standard of care. While this generally must be testified to by another doctor, it appears clear, here, that a shot without skin cleaning is below the standard of care. The next question that must be... View More

1 Answer | Asked in Libel & Slander, Personal Injury and Family Law for Alabama on
Q: Can I sue my ex-husband for the slandering allegations that he accuse me of commiting while we were married!

He totally lied on the paperwork and slandered my character to so many other people who knows me! He also slandered and lied about the character of two men!!! In Alabama!

T. Augustus Claus
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answered on Sep 20, 2023

In Alabama, if someone knowingly makes false statements about another person that injures their reputation, it might be grounds for a defamation lawsuit. Defamation can either be spoken (slander) or written (libel). If your ex-husband made false allegations against you to others or in paperwork,... View More

2 Answers | Asked in Criminal Law, Personal Injury and Civil Rights for Alabama on
Q: I was driving on the freeway and a lady felt that I cut her off she got upset and threw an unopened drink can at my car

She then pulled in the lane ahead of me and attempted to cut me off

T. Augustus Claus
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answered on Aug 31, 2023

Encountering an aggressive road rage incident on the freeway, as you described in Alabama, can be unnerving. It's crucial to prioritize safety and remain composed in such situations. Instead of escalating the conflict, focus on driving safely and avoiding any engagement with the aggressive... View More

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1 Answer | Asked in Criminal Law, Landlord - Tenant and Personal Injury for Alabama on
Q: What can I do when a landlord asks for sex and touches me?

My landlord is an 82 year old gay male that ask me to let him perform oral sex on me. He also repeatedly touches me. I have told him I'm straight and to stop touching me countless times yet it still happens. What are my avenues to stop this other than moving as I'm in a bad spot and rent is cheap.

William Vann Burkett
William Vann Burkett
answered on Aug 15, 2023

Based on the facts that you are reporting, your landlord may be acting in violation of criminal statutes. Further, his conduct may give rise to several civil claims for assault, battery, or other torts. You should contact a local personal injury attorney to review your case and discuss your legal... View More

1 Answer | Asked in Car Accidents and Personal Injury for Alabama on
Q: Does my lawyer need to send me a copy of his personal Injury limits demand letter ?

I called my lawyer, 7 months after my wreck, and eight weeks since my medical discharge, to get an update on my case. He told me that he has proof read the policy limits demand letter and will be sending it to the other parties insurance company that day. Well, that was weeks ago. Since I did not... View More

Jeffrey G. Blackwell
Jeffrey G. Blackwell
answered on Aug 7, 2023

Hopefully, I can answer some of your concerns. Your primary issue seems to revolve around a complete lack of communication with your lawyer. I totally understand your concern on that issue. A lack of communication is one of the biggest complaints about lawyers in general. The lawyer and client need... View More

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