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Alabama Personal Injury Questions & Answers
1 Answer | Asked in Personal Injury and Civil Litigation for Alabama on
Q: If medical is left open am I entitled for gas mileage reimbursement and how far back can I file for remimbursment
Peter N. Munsing
Peter N. Munsing
answered on Oct 31, 2017

Call the attorney who worked on your c & r

Generally you only get mileage under certain circumstances.

2 Answers | Asked in Personal Injury, Car Accidents, Child Support and Civil Rights for Alabama on
Q: In Alabama if you are receiving a personal injury settlement from a car accident,can they take the entire settlement?
Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Oct 13, 2017

Are you asking if the state can garnish the award for past due child support? Yes.

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1 Answer | Asked in Medical Malpractice and Personal Injury for Alabama on
Q: In 1998 I had emergency surgery to repair a serious injury to the left side of my face requiring approx 220 stitches

And 4 titanium plates,during this surgery a piece of surgical material was left in me. Do I have the ability to attempt to receive compensation. Can supply more details if needed. The surgeon believed he left no such materials (sponge of some type) and his solution was to refer me to a psychiatrist... View More

Peter N. Munsing
Peter N. Munsing
answered on Sep 1, 2017

Contact a member of the Ala Trial Lawyers Assn who handles medical cases. If the surgery found a foreign object you may have a case, if it didn't I don't see a case but you should still get the consult.

Big problem you run into is the statute of limitations.

1 Answer | Asked in Personal Injury for Alabama on
Q: If I got arrested wit a dui blew a .07 but have a cdl. Not convicted waiting court can I drive out of state in truck

Was given a temp paper to act as license needbto know if I can take a load actoss state lone

William C. Head
William C. Head pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 28, 2017

Not legally. Paper license is not the CDL. Fed regs, and your employer, would not allow.

Call this Alabama DUI specialist. Mr. Whitney Poison. 205-871-8838

1 Answer | Asked in Bankruptcy, Personal Injury, Car Accidents and Health Care Law for Alabama on
Q: I was in an accident in '16 w/a girl who hit a tree. I lost my leg. 25000.00 settlement that ends in 16507 left.

Filed chapter 7 with my husband. Bc debt was so high. Way way over income as I still can't work. Cigna has sub. Lien for 30000.00. I have no assets. We are barely surviving. Will I receive any of the settlement. The put 15000.00 for wildcard exemption. Just curious

Peter N. Munsing
Peter N. Munsing
answered on Aug 8, 2017

You didn't ask but I assume you got on social security disability for at least the period after the crash through the year after your amputation. You might see if your lawyer can bring a crashworthiness case. However, with bankruptcy you don't have enough to go 'round so I doubt if... View More

2 Answers | Asked in Personal Injury for Alabama on
Q: signed a contract 2 days ago with a personal injury group. can I get out ot the contract?

not happy with the lawyer assigned to my case.

David Alan Wolf
PREMIUM
David Alan Wolf pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 21, 2017

It has only been two days so you may want to give the attorney a chance. If not, read through the contract to see what your contractual obligations are per the contract. If it has only been 2 days, there may not be much of a charge or cost in switching. Contact another attorney for a free... View More

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1 Answer | Asked in Family Law, Juvenile Law and Personal Injury for Alabama on
Q: Can you sue a sibling for hitting you if they are older than 18?
Peter N. Munsing
Peter N. Munsing
answered on Jul 6, 2017

Yes but you won't see any money. You can file a case with the police.

1 Answer | Asked in Personal Injury and Health Care Law for Alabama on
Q: Instruments not sterilized when Ingrown toe nail was removed.

I have an infected toe nail and had to get it removed. I was notified that I could of been contaminated with an infection due to not have the instruments used properly sterilized. I had to get lab work done but haven't gottten the results back. I have to get lab work done for the next 6 month... View More

Peter N. Munsing
Peter N. Munsing
answered on Jul 6, 2017

You have a claim for the cost of the lab work at least. See what happens, get a free consult from a member of tha Ala. Assn for Justice.

1 Answer | Asked in Personal Injury and Car Accidents for Alabama on
Q: I was injured in Alabama said under this code I could not get pain and sufferingWhat if the driver had been drinking
Peter N. Munsing
Peter N. Munsing
answered on Apr 21, 2017

Contact a member of the Alabama Trial Lawyers Assn--they give free consults.

1 Answer | Asked in Personal Injury for Alabama on
Q: Company is working on my sub floor. They left unsecured plywood for me to get by on. I've fell off edge, broke wrist

And had to have surgery. Shouldn't they b liable for medical and lost work time?

Peter N. Munsing
Peter N. Munsing
answered on Apr 14, 2017

Your floor, you knew about it, I don't see it buy why not contact a member of the Ala. Assn for Justice--they give free consults.

1 Answer | Asked in Personal Injury for Alabama on
Q: If you hire someone to cut a tree in your yard and they get hurt are you liable for the medical bills
Peter N. Munsing
Peter N. Munsing
answered on Mar 31, 2017

Generally no, they are a contractor, unless the reason they get injured is because you didn't tell them about something--they put their ladder over an area you know to have a hole under it, the ladder goes in, tips, injury.

1 Answer | Asked in Personal Injury, Wrongful Death, Criminal Law and Civil Litigation for Alabama on
Q: If you sue someone on a wrongful death suit ,and there insurance company pays

Can you still file civil suit Or sue a facility he was being held at ,like a work release facility?

Peter N. Munsing
Peter N. Munsing
answered on Feb 13, 2017

Chances are no for two reasons--the insurance company represented the parties that were doing wrong and also would have asked the administrator of the estate for a release before making any settlement payment. That release had a number of clauses. But I'm assuming you have a lawyer. Why not... View More

2 Answers | Asked in Personal Injury, Wrongful Death, Criminal Law and Civil Litigation for Alabama on
Q: If someone is in work they are put on road crew and are hit by a car that is speeding what can

(He was on work release )Be done besides the drivers insurance company,is the facility held reliable and if you sue his insurance company can you still take him to civil court or go after the facility,after sueing,his ins.company he was a adoc inmate

Samuel G McKerall
Samuel G McKerall
answered on Feb 12, 2017

This is not a criminal law question. Its a civil law litigation question.

Any time you are injured in any way you and your lawyer should sue every single person, firm, corporation or governmental entity that you and he or she can reasonably determine might be responsible. You do not sue...
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1 Answer | Asked in Animal / Dog Law and Personal Injury for Alabama on
Q: My dog and another dog were in a fight a couple of weeks ago, I was bitten by the other dog. Is she liable?

Can I still report it?

Peter N. Munsing
Peter N. Munsing
answered on Feb 2, 2017

Depends on how it happened, but usually no unless the other dog came on to your property, was let run free etc. Contact a member of the Ala. Assn for Justice--they give free consultations.

1 Answer | Asked in Animal / Dog Law and Personal Injury for Alabama on
Q: My neighbors pit bull chased me and bit my leg while I was walking my dog on her leash down a public street. Can I sue?

Around 9:45 pm on Jan 21,2017, I was walking my dog on her leash down a public side street in my town when a large black or blue blur came running up to me and my dog. I pulled my dog close to me and started to jog away from the dog. The dog then ran around us barking so I turned around to walk... View More

Peter N. Munsing
Peter N. Munsing
answered on Jan 23, 2017

Call the local dog warden or whoever enforces leash laws; they'll get a rabies record. Contact a member of the Alabama Assn for Justice--they give free consultations.

1 Answer | Asked in Animal / Dog Law and Personal Injury for Alabama on
Q: My sister's dog, who we have kept for 3 wks. bit fedx man. Took him to hospital, he needs surgery. What should we do?
Peter N. Munsing
Peter N. Munsing
answered on Jan 19, 2017

Notify your homeowners insurance. If you don't have homeowners then you'd want to consult an attorney, but I would suggest you start with a bankrupcy attorney not that you need to file now but you need to know your options. In the meantime I would avoid talking to anyone from the Fedex... View More

1 Answer | Asked in Personal Injury and Products Liability for Alabama on
Q: If I had a heart attack due to smoking, can I sue the tobacco company
Peter N. Munsing
Peter N. Munsing
answered on Nov 4, 2016

Unlikely, but why not contact an Alabama lawyer who has handled smoking related cases? Problem with a heart attack is that it happens often to people who never smoke at all. So proving it was tobacco and not other things in your body,your life, your lifestyle would be very problematic.

1 Answer | Asked in Personal Injury for Alabama on
Q: R lawyers allowed to attach add'l fees AFTER settlement distribution amts on paperwork were signed & filed in court?
Peter N. Munsing
Peter N. Munsing
answered on Oct 13, 2016

Usually not--look at your fee agreement. However if the "fees" are really lien payments, that's not a fee but a statute driven payment that has to be made. Review each item in person with the attorney.

2 Answers | Asked in Personal Injury for Alabama on
Q: Do I have legal right to receive transcript of phone calls I gave consent to be recorded?

My car insurance company has been rather nasty. I am looking for an attorney & want to give her/him a clear picture if case. I requested transcripts of insurance company conversations & insurance company refuses. Do I have a legal right to my own conversation?

Peter N. Munsing
Peter N. Munsing
answered on Oct 12, 2016

I suggest you contact a member ot the Alabama Assn for Justice who handles "bad faith" claims---they give free consultations. Generally you can ask but they don't have to give without a subpoena. If appropriate a complaint can be filed with the Insurance Commissioner and they can... View More

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1 Answer | Asked in Personal Injury for Alabama on
Q: Does homeowners insurance pay claims to an injured guests if the guest was intoxicated at the time of the accident?

A guest fell off the ladder of a pool exiting the pool was hospitalized with multiple fractures .The guest was intoxicated.The guest wants to file on homeowners insurance to help with expenses.

Peter N. Munsing
Peter N. Munsing
answered on Sep 25, 2016

There are two parts to a homeowners--medpay,which usually is low, about 5k but does't require a showing of fault, and liability, which requires guest to show host was cause of injuries and host was more careless than guest was. Much depends on circumstances and decisional law in your state. If... View More

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