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Alabama Personal Injury Questions & Answers
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 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

2 Answers | Asked in Personal Injury for Alabama on
Q: sprayed in the face with cleaning solution at a resturant can I sue
Tim Akpinar
Tim Akpinar
answered on Aug 8, 2023

It could depend on the extent of damages you suffered. I hope you're okay. If the incident did not cause significant harm, such as a facial chemical burn, it could be something that law firms are reluctant to handle on a contingency basis. The most definite way to answer your question and... View More

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2 Answers | Asked in Personal Injury for Alabama on
Q: sprayed in the face with cleaning solution at a resturant can I sue
T. Augustus Claus
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answered on Jul 31, 2023

If you believe you were sprayed in the face with a cleaning solution at a restaurant and suffered harm as a result, you may have grounds to pursue legal action. However, whether you can sue and the potential outcome of a lawsuit would depend on various factors, including the specific circumstances... View More

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1 Answer | Asked in Personal Injury and Health Care Law for Alabama on
Q: Pregnant after tubal ligation

What legal rights are there for women who conceive a child after a tubal ligation?

Don Oliver Keene
Don Oliver Keene
answered on Jul 4, 2023

I am very sorry you are going through this. This is a very difficult situation for someone to be in. Unfortunately, the practice of medicine is not an exact science. Your case turns on whether or not there was some kind of malpractice on part of your doctor. You should gather your medical records... View More

1 Answer | Asked in Animal / Dog Law and Personal Injury for Alabama on
Q: My neighbor's unleashed dogs attacked my cat on my property. Is my neighbor responsible for the vet bills incurred?

My cat ultimately died but not before I incured over $3200 in vet bills.

Don Oliver Keene
Don Oliver Keene
answered on Jun 14, 2023

Yes, but you will likely have to sue them in court to get them to pay for it. This sounds like you likely have a negligence claim against your neighbor because they caused you economic damage (the $3200 vet bills). The other thing that helps you here is that the dog attacked your cat on your... View More

3 Answers | Asked in Personal Injury and Car Accidents for Alabama on
Q: How can I ask the at fault drivers insurance company what their policy limits are without lawyer ?

I do have a lawyer currently, but they are not being transparent or giving me information. I am considering going with someone else. In the mean time , I want to know the at fault drivers policy limits. I have ongoing medical treatment and it is important to me to know what my case is potentially... View More

Jeffrey G. Blackwell
Jeffrey G. Blackwell
answered on May 2, 2023

I would first recommend you meet and talk with your lawyer. It is so important the lawyer-client relationship be one of trust and communication. The person you already hired owes you a duty to communicate regularly and work tirelessly to get you the best result.

At our office, we believe...
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3 Answers | Asked in Personal Injury and Car Accidents for Alabama on
Q: How can I ask the at fault drivers insurance company what their policy limits are without lawyer ?

I do have a lawyer currently, but they are not being transparent or giving me information. I am considering going with someone else. In the mean time , I want to know the at fault drivers policy limits. I have ongoing medical treatment and it is important to me to know what my case is potentially... View More

Christopher Belk Estes
Christopher Belk Estes
answered on May 2, 2023

In Alabama, the at fault driver's insurance company is not required to disclose the amount of coverage their insured has in place. You can certainly make that request of the carrier simply by sending a letter or by a telephone call, but they are not required to disclose the amounts of... View More

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1 Answer | Asked in Personal Injury, Civil Rights and Small Claims for Alabama on
Q: Can I sue defendent that pleaded guilty 2022 to harassment charge dated 2019?
Allan Lamar Armstrong
Allan Lamar Armstrong
answered on Mar 30, 2023

I'm sorry to hear about your experience. Yes, you can sue almost anyone by simply filing a complaint and paying the filing fees. The question is whether you can win and what you might recover. Basically, does the potential reward outweigh time and expense. More details are necessary for such... View More

1 Answer | Asked in Agricultural Law, Car Accidents and Personal Injury for Alabama on
Q: My neighbors have a lot of cows and they are out all the time. So i hit one so I am responsible?

We are on a busy highway and the cows get out all the time especially lately. I hit one the other night 2 were out. He knows they are always out how does he not have to pay for the damages. They are his they are not wild animals.

Hunter Garnett
Hunter Garnett
answered on Mar 22, 2023

Generally, farmers aren’t liable for personal injuries caused when their cows get out if they have proper fencing. However, there are occasionally exceptions. You should contact a lawyer, especially if you have serious personal injuries.

Here’s the statutes on this issue:

Ala...
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2 Answers | Asked in Personal Injury and Car Accidents for Alabama on
Q: Can I fire my lawyer and negotiate on my own ?

I was in a car accident where the other party admitted fault ( I was rear ended at a high speed ).

I hired a lawyer but he is not trustworthy, doesn't respond to my questions in a nice way, and hides all my medical bills from me. He acts like I am stupid for asking questions about my... View More

Hunter Garnett
Hunter Garnett
answered on Mar 22, 2023

You’re entitled to terminate your lawyer at any time. However, the lawyer will likely be entitled to a lien for his attorney’s fee.

You can negotiate your own settlement. However, your healthcare providers and/or health insurer have a right to be paid back out of your settlement funds....
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1 Answer | Asked in Personal Injury and Car Accidents for Alabama on
Q: Is my lawyer being dishonest?

I hired a lawyer last year due to a automobile accident. A negligent driver rear ended me at a high speed. I have no health insurance, so the lawyer has partnered with an insurance company to get me treatment. The case manager for this insurance co. Has sent me to the sketchiest doctor, who does... View More

Jeffrey G. Blackwell
Jeffrey G. Blackwell
answered on Mar 17, 2023

I'm sorry you are dealing with this situation. This is a common problem in personal injury cases where you don't have health insurance. The first priority should always be to get the medical care you need for recovery. That priority should also be accomplished with your interest first and... View More

1 Answer | Asked in Personal Injury and Car Accidents for Alabama on
Q: Why won't my lawyer tell me what my case is worth so I know if I even want him as a lawyer ?

Hired a lawyer two months ago because I was rear ended at a high speed. My passenger was injured as was I. We both had whiplash, I have c4 c5 injury, and torn rotator cuff. She had a concussion. She hired the same lawyer. Anyway, the lawyer will not tell us WHAT OUR CASE IS EVEN WORTH. They keep... View More

Hunter Garnett
Hunter Garnett
answered on Feb 28, 2023

It sounds like you have serious injuries. The value of your case may depend on the amount of insurance that is available. Over half of drivers in Alabama have no insurance or the bare minimum of $25,000.

Your lawyer is correct that it’s impossible to know the value of a personal injury...
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1 Answer | Asked in Personal Injury for Alabama on
Q: My husband burnt his face on a pizza roll. The package it says let stand two min, we waited 10. Do we have recourse?

Please contact me if you can help or know someone that can.

Tim Akpinar
Tim Akpinar
answered on Feb 26, 2023

An Alabama attorney could answer best, but your question remains open for two weeks. Your options could depend on the severity of the burns. I hope your husband is okay. If the burns are not severe and they heal in a short period of time, many law firms would be reluctant to consider handling such... View More

1 Answer | Asked in Medical Malpractice and Personal Injury for Alabama on
Q: Can you file negligence when a hospital sends a pt home then they are rehospitalized requiring emergency surgery?

My husband was seen in the ER over New Years Eve. He was having severe chest and stomach pain. He is a type 2 diabetic. His sugars were in the high 700 range, he was given medicine for his chest and stomach pain and given insulin and an iv solution for his sugars. They never did an xray or... View More

Joel Gary Selik
Joel Gary Selik
answered on Feb 18, 2023

Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor would be needed to evaluate what the doctors did.

Further, Due to the nature of medical malpractice cases, the extent of your injuries may effect the viability of your...
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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... View More

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