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Alabama Personal Injury Questions & Answers
1 Answer | Asked in Civil Litigation, Estate Planning, Probate and Personal Injury for Alabama on
Q: In Alabama if probate closed in July 2019 shouldn’t the lawyer have disgust the money by now? And

How much money the lawyer put into his personal account? He said it was what the accident insurance paid but we never seen proof of how much

Tim Akpinar
Tim Akpinar answered on Dec 7, 2019

Your question bridges four categories and it would be best for an attorney who is knowledgeable in Estate/Probate matters to address the estate-related aspect of it. As for the personal injury-based aspect of your question, it shouldn't be a problem for an attorney who represented a plaintiff in an... Read more »

2 Answers | Asked in Personal Injury, Products Liability, Health Care Law and Legal Malpractice for Alabama on
Q: Child’s doctors office didn’t return calls, gave bad advice over phone about 4 week old baby.

I called my child’s doctor office multiple times trying to get a appointment for that day and wasn’t getting a response, I told them my child’s symptoms and his age multiple times only to get a call 30 minutes before they closed. The lady on the phone told me she would go ask a doctor and... Read more »

Tim Akpinar
Tim Akpinar answered on Nov 25, 2019

I'm sorry for the ordeal your baby and you, as a parent, went through. A med mal attorney would likely want to review the records with a medical professional to make a more meaningful assessment. In terms of the telephone exchanges, an attorney would have additional questions regarding what was... Read more »

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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 for Alabama on
Q: My son was attacked by his neighbor with a hammer. This incident left my son with a broken arm that he needs surgery for

Not sure what we need to do. City police giving us run around.

Mitchell G. Lattof Jr
Mitchell G. Lattof Jr answered on Aug 22, 2019

The quick answer is that your son can sue the neighbor for his injuries, however there are a number of complicating issues that cannot be determined from your question. (1) If there's evidence/claims that your son contributed to the altercation, or was the initial aggressor or equally at fault in... Read more »

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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?
Mitchell G. Lattof Jr
Mitchell G. Lattof Jr answered on Jul 29, 2019

In my opinion - it "could" be a basis for a lawsuit, but it really depends on the other circumstances. Your inquiry doesn't indicate the AMOUNT of grass clippings or HOW the grass clippings caused the accident/injury, and without this information, I don't think a definitive answer can be given. The... Read more »

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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 »

Mitchell G. Lattof Jr
Mitchell G. Lattof Jr answered on Jun 24, 2019

If I understand you correctly, at the time of the accident, you had a Liberty Mutual auto policy and a Liberty Mutual umbrella policy and your grandson was covered under the auto policy. If that's the case, then Liberty Mutual should cover you in the suit, assuming that they were timely notified of... Read more »

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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 »

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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3 Answers | Asked in Bankruptcy, Personal Injury and Car Accidents for Alabama on
Q: I was in a car wreck that totaled my car so I converted to CH 7 bankruptcy from 13 will I get any of the settlement?

I was in 13 when it happened, but before the settlement was in I had converted to 7.

John Martin Hilla
John Martin Hilla answered on Feb 1, 2019

You should discuss this privately with your bankruptcy attorney. If you don't have one, you might want to seek the counsel of one in your local area as soon as possible.

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1 Answer | Asked in Personal Injury, Civil Rights, Environmental and Landlord - Tenant for Alabama on
Q: I was told by the apartment management where I live that the manager doesn’t like me because I Jewish- I

I was prohibited from putting up a small menorah on my patio while other residents were decorating with trees and Christmas stuff- I have had 4 major leaks and floods and have mold- the second time they left holes half my height in my kitchen and bedroom for two months without fixing- the remedy... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jan 23, 2019

Contact the ADL for your area. Call national if you're not sure. https://www.adl.org/take-action/report-an-incident

2 Answers | Asked in Car Accidents and Personal Injury for Alabama on
Q: If i was in a head on collusion, but dont know who was at fault, what should i do?
Rahlita D. Thornton
Rahlita D. Thornton answered on Dec 3, 2018

You should consult an attorney who handles car accident cases and provide them with as much information as you have. You may also be able to retrieve the police report from the investigating police entity. If you do not know then consider contacting the police in your area. We hope that you are... 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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1 Answer | Asked in Personal Injury and Gov & Administrative Law for Alabama on
Q: Do I have a case against county jail for having me sleeping on floor now I have bad back pain
Tim Akpinar
Tim Akpinar answered on Oct 19, 2018

You could consult with an Alabama attorney, but it would be a difficult case. The attorney would likely want to see medical records to substantiate the pains described.

Tim Akpinar

1 Answer | Asked in Personal Injury for Alabama on
Q: I'm trying to get alawer to help with lawsuitOk please have them texst me

Iwain apickuptruck on my way toajob andthetruckgothit in the back myawomandriverin abluecar ihitmy head on the back window of the truck I had to Jackson hospital I was from8amto12pm aug04_2019

Peter N. Munsing
Peter N. Munsing answered on Sep 4, 2018

Contact a member of the Alabama Trial Lawyers Assn for the county where it happened--they give free consults.

1 Answer | Asked in Car Accidents and Personal Injury for Alabama on
Q: i got into a wreck that was my fault no insurance calim has been filed can i go to jail

the truck and insurance is in my mother in laws name i wasnt covered and the other person had liability no claim was filed there was 4000$ worth of damage can i go to jail for not being able to pay for this vehicle

Peter N. Munsing
Peter N. Munsing answered on Aug 21, 2018

Usually coverage follows the vehicle. If you are an excluded driver different states handle this differently. You won't go to jail for anything. But under certain circumstances you could have your license suspended. Be good if you and your mother in law got a consultation with a member of the... Read more »

1 Answer | Asked in Car Accidents, Civil Litigation and Personal Injury for Alabama on
Q: Can I file an auto accident lawsuit in Alabama with no driver license and no SSN?

I was hit when the other person failed to stop at the stop sign causing personal injury and damages to my vehicle.

Peter N. Munsing
Peter N. Munsing answered on Mar 28, 2018

Yes, but you should contact a member of the Alabama Assn for Justice --they give free consults.

1 Answer | Asked in Personal Injury and Car Accidents for Alabama on
Q: What do I do if was sitting at a stop sign waiting on traffic to pass by and a guy in the lane closer to me let's me out

And when I get ready to drive out a person comes down in the other lane and we hit each other. Am I in the wrong or her?

Peter N. Munsing
Peter N. Munsing answered on Mar 5, 2018

In addition to my answer to the other question, you are controlled by a stop sign. The duty of someone at a stop sign is not to proceed unless it is safe.the Gent telling you to go was only doing that for his lane, not for all lanes--neither he--nor the lady--know your destination other than you... Read more »

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