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Alabama Personal Injury Questions & Answers
1 Answer | Asked in Personal Injury for Alabama on
Q: McDonalds 2day, my specialty order. The person in front of me dug through my food during covid-19. Lied 2me at window

I watched it happen, she lied to me at the window more than 3 times, the manager agreed she lied, put my life in danger 2day, I could possibly catch covid from this or spread to my immediate family. I have receipts to prove tgis, plus the manager said she had the girl on camera who gave me food... Read more »

Tim Akpinar
Tim Akpinar answered on Jul 7, 2020

An Alabama attorney could advise best, but your post remains open for a week. This could be a challenging case in terms of substantiating damages. That's ordinarily done with medical documentation in injury cases. If this did not result in medical diagnosis/treatment/testing, it could be... Read more »

2 Answers | Asked in Personal Injury and Wrongful Death for Alabama on
Q: My mother died of matastitic ovarian cancer in 1996 talcumpowder, can I bring a case under toxic tort law
J. Brent Burney
J. Brent Burney answered on Apr 17, 2020

You may be able to file a claim. There is currently litigation pending against the manufacturers of talcum powder, particularly Johnson and Johnson. You should immediately contact an attorney in your area to discuss your mother's death in more detail to determine if there is a viable claim.

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1 Answer | Asked in Personal Injury for Alabama on
Q: Are there grounds for an individual such as myself to sue a pharmaceutical manufacturer for opioid addiction?

In 2006-07 I had my wisdom teeth removed and became addicted to opioids. For the next 10+ years I began doctor shopping to acquire opioids. I've seen states and municipalities going after the pharmaceutical companies and was wondering if the people that it actually affected have any legal recourse.

Mitchell G. Lattof Jr
Mitchell G. Lattof Jr answered on Apr 14, 2020

Possibly. There are a number of law firms around the country who have been investigating individual cases for persons affected by opioid addiction. At this point, I am unaware of any people who have actually received compensation for this. Various legal theories are being explored and it's not... Read more »

1 Answer | Asked in Personal Injury for Alabama on
Q: Rotary cuff injury with 15% loss. @70 yrs of age, is $4000+ in settlement enough? He was holding 2 jobs when accident

Fired from main job... little to no work from 2nd job

J. Brent Burney
J. Brent Burney answered on Mar 24, 2020

Unfortunately I cannot answer this question based on the information provided. I assume that this is a worker's compensation case. Settlement values depend on multiple factors like the worker's average weekly wage, weeks of TTD benefits that have been pain, and several other factors. I... Read more »

1 Answer | Asked in Personal Injury and Civil Litigation for Alabama on
Q: Accident happened in Tennessee I live in Alabama the defendant is a national corporation with place's of business in Al.

Can I file a Federal lawsuit in Alabama

J. Brent Burney
J. Brent Burney answered on Feb 28, 2020

This is a very technical question that will depend on in depth analysis of the facts. I would suggest you schedule a meeting with an attorney that routinely practices personal injury law in the Federal courts.

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... 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... 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... 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... 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... 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... 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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