Lawyers, Answer Questions  & Get Points Log In
Alabama Personal Injury Questions & Answers
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... View 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,... View More

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... View More

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... View 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...
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
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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 Contracts, Personal Injury and Communications Law for Alabama on
Q: Can I get some help? I have a major concern and need lawful responses

Whenever I communicate with the property manager, all of my private information is shared with the cosigner. I feel like my privacy is being exploited

Tim Akpinar
Tim Akpinar
answered on May 17, 2023

An Alabama attorney could answer best, but your question remains open for two weeks. It's possible that the sharing is done because the developments impact the cosigner, who could be liable due to their capacity as cosigner in the matter. A local attorney could offer more definitive guidance... View More

1 Answer | Asked in Personal Injury and Civil Litigation for Alabama on
Q: Sprayed in face with cleaning solution do I have a case Company has not contacted me do I contact them first
Allan Lamar Armstrong
Allan Lamar Armstrong
answered on Feb 20, 2023

First, file a police report. That is an assault. Then, you can consider a civil action. What are your damages? Did you require medical attention?

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... View More

Johnny Adams
Johnny Adams
answered on Jan 3, 2023

Yes, this may be a medical malpractice claim.

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

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.

View More Answers

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... View 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... View 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... View 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... View More

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... View 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... View 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... View 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... View 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... View 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.

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... View 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... View More

View More Answers

1 Answer | Asked in Car Accidents, Personal Injury and Wrongful Death for Alabama on
Q: If a person is 19 years old and the fault person in a fatal accident who is responsible for the pain and suffering costs
Randy Bryan Ligh
Randy Bryan Ligh
answered on Mar 9, 2022

In this instance, the at fault driver is responsible for the non-at fault driver's damages. The 19 year old (as opposed to a minor) is deemed to have capacity to be responsible for his actions.

1 Answer | Asked in Consumer Law, Criminal Law, Personal Injury and Car Accidents for Alabama on
Q: What are the options when you're involved in an accident with a driver whose license is suspended and uninsured?

Also, what happens if the vehicle does not belong to that driver?

Hunter Garnett
Hunter Garnett
answered on Feb 26, 2022

You have several possible claims against three possible defendants. Realistically, your recovery is likely limited by the amount of insurance that is available. I'll break down each of your possible claims, but you probably only care about the practical advice so I'll start there.... View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.