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 We at the Alabama Accident Law Firm thought
it might be helpful if we provided answers to a variety of questions
about a variety of types of accidents.
Accident Cases
In General |
Vehicle Accident Cases |
On-The-Job
Injury or Workers Comp Cases |
Products Liability Cases
ACCIDENT CASES IN GENERAL
 Why do I need to talk to an attorney right away?
 Accidents and accident laws in Alabama are complex. You
need to protect your rights and an attorney is the best way to
accomplish this. The insurance companies will normally begin their
attempts to contact you immediately after the accident. Insurance
adjusters are trained and have experience in looking for ways to
keep their company from having to pay money to accident victims. You
may unwittingly help the adjuster through your statements or answers
to adjuster questions and by your actions. An example: An adjuster
calls and he says, "Hello. I'm John Doe. How are you doing
today?" Most people, including myself, no matter how they
really feel would answer how they always do with, "I'm fine (or
good or okay or well). How are you?" This sounds innocent
enough, but now an adjuster can report that you are not seriously
injured and that you are doing "fine." You may have
unwittingly reduced the value of your case.
In addition, people's memories fade with time, evidence gets
lost, tire marks fade, witnesses move, and documents get misplaced.
The passage of time itself, without an experienced attorney
investigating the accident and collecting and preserving the
evidence, can turn a good case into a bad one. Remember you as the
plaintiff have the burden of proof. Therefore, lost evidence could
keep you from meeting that burden.
Lastly, the Alabama Accident Law Firm provides assistance to
accident victims on a contingent fee bases. This means no upfront
fees for you and we don't get paid unless and until you do. So,
there is no reason and no cost to you for consulting an attorney
about your rights.
Click here to contact one
of Alabama Accident Law Firm's experienced accident attorneys now!
The insurance adjuster seems nice, so why shouldn't I
cooperate with him or her?
The insurance company makes money by taking in premiums
and not paying claims. The claims adjuster works for the insurance
company. He or she is not there to help you. Their job is to settle
claims fast and cheap. Never give a recorded statement or sign any
papers given to you by the insurance company or its adjuster without
consulting first with an attorney.
Can I be compensated for my lost wages?
Yes. Keep a journal of your missed work days and keep
any doctor's excuses. You should be able to receive compensation for
all your time off of work due to your injuries.
Click here to contact one
of Alabama Accident Law Firm's experienced accident attorneys now!
My doctor says it's just a strain (or sprain or pull or
bruise), but I still am in a lot of pain. Do I have a case?
Muscle strains and sprains and pulls and bruises are
called soft tissue injuries. Soft tissue injuries are more difficult
to prove because they are subjective, meaning you cannot see them
with your eyes or x-rays, etc. However, these are still genuine
injuries and are often very painful. In fact, when you break a bone
(an injury you can see) it is not your bone that causes pain. Your
bone has no nerves. It is the soft tissue surrounding the bone that
is telling your brain it is hurting. For these reasons even if you
do not have any broken bones or injuries you can actually see, you
are entitled to compensation for your pain and suffering. It is very
important in these situations to continue to seek medical treatment
if you are hurting.
Click here to contact one
of Alabama Accident Law Firm's experienced accident attorneys now!
How much is my case worth?
It depends. There are many factors that affect the
value of your case. These factors include the length and expense of
medical treatment, future medical treatment, permanent injuries or
restrictions, disfigurement, the county where the case would have to
be litigated, as well as the actions of the person or company at
fault. Many of these will not be known until well into the case. If
you do not have an attorney and would like our opinion regarding an
offer made to you, please do not hesitate to call (877)ACCIDENT for
a free case evaluation and we will try to assist you with your
settlement decision.
Click here to contact one
of Alabama Accident Law Firm's experienced accident attorneys now!
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VEHICLE ACCIDENT CASES
What should I do if I've been in a vehicle accident?
If you are in a vehicle accident, do the following:
- Call the proper law enforcement. Do not move your vehicle or
any debris unless a severe safety issue exists. Have an accident
report done.
- Seek medical care. If you are hurting or sore at all, seek
medical attention immediately. Be sure to tell the accident
investigator or emergency medical personnel that you are
hurting. Go to the Emergency Room by ambulance or otherwise.
Remember, injuries which seem minor at the time of the accident
frequently worsen or are more serious than initially thought.
Always tell or remind the nurses or doctors that your injuries
are due to the auto accident. Seek follow-up treatment with your
doctor when hurting as needed and follow your doctor's
instructions. It is almost impossible to convince an insurance
company or a jury that you were injured if you do not go to the
doctor.
- Gather information. If possible, obtain the names, addresses,
and observations or statements of the other driver and any
witnesses. Make notes of these things. Also obtain the insurance
information of the other drive.
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Get legal help. Call an experienced
accident attorney like those at the Alabama Accident Law Firm
(1-877-ACCIDENT). |
- Take pictures. If you have not retained an attorney yet, take
pictures of any visible injuries and of your vehicle damage and,
if possible, the vehicle damage to the other driver's vehicle.
The old cliché is true: "A picture tells a thousand
words."
- Journal. Keep a journal of the following information: The days
you are having pain and the level of pain, activities you cannot
do with dates, doctor visits, types of treatment you are going
through, and your time off of work and lost wages or lost jobs
or lost income (this is especially important if you are
self-employed).
- Insurance. Again, if you have not retained an attorney, you
should report the accident to your insurance company and the
insurance company of the other driver. However, we strongly
suggest you consult with an experienced attorney first.
Click here to contact one
of Alabama Accident Law Firm's experienced accident attorneys now!
What am I entitled to when my vehicle was damaged in an
auto accident?
In Alabama, you are entitled to loss of use (rental
value), property damage (repair costs if fixable or fair market
value at the time of the accident if the vehicle was totaled), and
diminished value (depreciation due to having to tell people the
vehicle has been wrecked if you try to sell it). At the Alabama
Accident Law Firm, if we are representing you in regards to an
injury claim, we will help you obtain fair compensation for your
vehicle damage and not charge you a fee on this settlement. We know
you need this compensation to fix your vehicle or obtain a new
vehicle.
Click here to contact one
of Alabama Accident Law Firm's experienced accident attorneys now!
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ON-THE-JOB INJURY OR WORKERS' COMPENSATION CASES
I was injured on the job. What should I do?
We at the Alabama Accident Law Firm suggest the following:
- Notify your employer/supervisor immediately. A delay
here could make your case worth little or nothing. The more
higher-ups you notify the better. Make sure a First Report of
Injury is prepared and filed by your employer.
- Make a note of any witnesses to the accident both co-employees
and other persons.
- Seek medical care. Under Workers Comp you will have to see a
doctor authorized by your employer. However, your employer or
their Workers Comp insurance carrier will be responsible for
payment. If you are hurting or sore at all, seek medical
attention immediately. Be sure to tell emergency medical
personnel that you are hurting and that the cause of your pain
was an injury at work. Remember, injuries which seem minor at
the time of the accident frequently worsen or are more serious
than initially thought. If you fail to report the injury or seek
medical attention immediately and the injury later turns out to
be debilitating, the value of your claim be severely diminished.
Always tell or remind the nurses and doctors that your injuries
are due to an accident at work. Seek follow-up treatment with
your doctor when hurting as needed and follow your doctor's
instructions. Do not miss doctor appointments. It is almost
impossible to convince an insurance company, big
corporation or a jury that you were injured if you do not go to
the doctor.
- If you are returned to work by the Workers Comp doctor under
restrictions or with light duty work only, inform your employer
of the restrictions and keep a copy of your restrictions with
you at all times. If your employer asks you to perform tasks
which would violate these restrictions, show your employer the
restrictions and inform your employer you cannot perform the
task under doctor's orders. If you proceed with performing the
task, the Worker Comp insurance carrier may use your
"non-cooperation with doctors instructions" against
you.
Click here to contact one
of Alabama Accident Law Firm's experienced accident attorneys now!
I was injured on-the-job what kind of compensation am I
entitled to receive?
In Alabama, normally you are entitled to solely Workers
Compensation. Workers Comp is a very complex set of statutory law.
It is extremely unfair to the worker. You will NOT receive
compensation for pain and suffering, most negligent acts of
your employer, punitive damages, mental anguish, or loss of
enjoyment of life. If you have no permanent injury or restrictions
you are provided only medical treatment by a doctor chosen by the
Workers Comp insurance carrier and two-thirds of your wages while
you are of work.
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If you have a permanent injury or restrictions,
you are entitled to compensation and you should definitely consult
with an attorney as soon as possible. In addition if you are unable
to return to work because of your work-related injury or your
employer has terminated you because of your restrictions or
inability to perform certain tasks, you are entitled to a
compensation. Again, you should contact an attorney immediately. |
Please note that under certain circumstances you may be able to
avoid being limited to Workers Comp. These circumstances are
normally if your injury was caused by your employer violating an
OSHA rule, the machine had guards removed by the employer or with
the employer's consent and knowledge, or if the injury was caused by
someone other than the employer or a co-employee, such as a
defective machine or piece of equipment or a car wreck while on the
job. It is important to let an attorney review the circumstances of
the injury to see exactly what type of case you have.
Click here to contact one
of Alabama Accident Law Firm's experienced accident attorneys now!
I am unhappy with the doctor provided by Workers Comp. What
can I do?
Under Alabama law, you are allowed for one time only to
request your employer/Workers Comp insurance carrier to provide you
with a panel of four (4) doctors of their choosing from which you
may choose one (1) doctor for further treatment. Many times the
adjuster will try to pressure you into making a decision
immediately. DO NOT. You should contact an experienced accident
attorney and/or contact friends, family, co-employees, etc., to
learn about the four (4) doctors on your list. Try to find a doctor
who cares about helping you, not the insurance company.
Click here to contact one
of Alabama Accident Law Firm's experienced accident attorneys now!
Can I be fired for making a Workers Comp claim?
No. The Alabama Workers Comp laws make it illegal for
an employer to fire you, demote you, or take any adverse action
against you for making a Workers Comp claim. However, Alabama is an
employment-at-will state. This means you can be fired for basically
any other reason, no reason, good reason, or bad reason, except for
violations of the Civil Rights Act (race, sex, religion, national
origin). Therefore, follow your employer's rules and procedures,
such as checking in to see if any light duty work is available,
reporting your medical condition, or providing your employer with
doctor's excuses. Do not give them a reason to fire you.
Will
attorney's fees eat up all my Workers Comp settlement?
No. In Alabama, attorney's fees on Workers Comp cases
are limited to fifteen percent (15%) of any settlement. This fee is
contingent on your attorney collecting and no up-front fees are
required.
Click here to contact one
of Alabama Accident Law Firm's experienced accident attorneys now!
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PRODUCTS LIABILITY CASES
I was injured by a bad product. What should I do?
If you have been injured by a bad product, we suggest
the following:
- Preserve any evidence, such as: the product itself and any
parts or pieces of the product, any documentation that came with
the product or was attached to the product, receipts from
purchase, and any packaging that came with the product. The best
way to preserve the evidence is, if possible, do not disturb the
accident site until an expert can investigate it.
- Seek medical care. If you are hurting or sore at all, seek
medical attention immediately. Be sure to tell emergency medical
personnel that you are hurting and the cause of your pain.
Remember, injuries which seem minor at the time of the accident
frequently worsen or are more serious than initially thought.
Always tell or remind the nurses and doctors that your injuries
are due to the accident. Seek follow-up treatment with your
doctor when hurting as needed and follow your doctor's
instructions. It is almost impossible to convince an insurance
company, big corporation, or a jury that you were injured if you
do not go to the doctor.
|
Get legal help. Call an experienced
accident attorney like those at the Alabama Accident Law Firm
(1-877-ACCIDENT). |
- Take pictures of everything -- the accident site, the product
and parts or pieces of the product, and any injuries or damages
caused by the product.
- Make notes of the product's exact name and model, the serial
number, and the manufacturer's name and location or address.
- Journal. Keep a journal of the following information: the days
you are having pain and the level of pain, activities you cannot
do with dates, doctor visits, types of treatment you are going
through, and your time off of work with lost wages or lost jobs
or lost income (this is especially important if you are
self-employed).
Click here to contact one
of Alabama Accident Law Firm's experienced accident attorneys now!
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