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Articles Posted in Personal Injury

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Untitled-design-5-300x300Credibility. It’s one of the biggest failures in the legal field. What is a leading cause of this credibility problem? Bad lawyer advertising! Lawyer ads are everywhere. They are overwhelming. They are almost all terrible.

Instead of authenticity, too many lawyers will say or publish anything to sign clients. From fast cash promises to fake blogs to ghostwritten content, lawyer marketing is terrible. Some lawyers even chase clients and cases in legal areas they really do not handle. That’s a terrible practice and terrible insult to the legal profession. Our friends and neighbors deserve better.

If you’ve watched any television, you’ve seen the onslaught of bad lawyer commercials. Have you taken this drug? Call me! Have you been in a car wreck? Call me! Many of these advertising lawyers have never even seen the inside of a courtroom. They do not try cases. They are not going to work your case for maximum value. Some of these advertising lawyers do not even have an office in Alabama.

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Huntsville Accident & Injury Attorneys / Blackwell Law FirmWhat is uninsured / underinsured motorist coverage? This coverage is commonly called UIM. This valuable coverage is provided through your automobile insurance policy. And, it provides compensation for your injuries when the at-fault driver does not have adequate liability insurance coverage. In Alabama, insurance companies must provide UIM coverage (at least in the minimum amount) on your policy unless you specifically waive it. You should never do that! In fact, you should talk with your agent about purchasing more than the minimum required limits.

Uninsured / Underinsured Coverage Protects Alabama Families Seriously Injured By A Negligent Driver

You are driving to work. Suddenly, another driver runs a red light and crashes into you. You are hurt. You start receiving medical bills. And, you are unable to work. When you make a claim against the at-fault driver you learn he had NO car insurance. I know – this is illegal. Even if he had the minimum coverage (currently $25,000), it would only cover a fraction of your damages. What should you do? If you have UIM coverage on your policy, then you can recover additional money to help with your damages.

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DRUNK-DRIVING-A-LEADING-CAUSE-OF-HIGHWAY-ACCIDENTS-INJURIES-AND-DEATHS-IN-ALABAMA-300x169Impaired Driving. Is it increasing? In recent months, many families have faced tremendous issues. The impact of COVID-19 has been devastating. The risk of sickness. The loss of jobs and income. The ever-changing schedules for school and work. The isolation of social distancing. For years, I’ve seen the devastating impact of isolation in my injured clients suffering chronic pain and disability. With COVID-19, others are also now experiencing the impact.

When I read recently that several local Alabama law enforcement agencies have faced increasing issues with intoxicated drivers, I was not surprised. The crises facing many workers increases problems with alcohol over-consumption. During difficult times, issues with alcohol and drugs often increase.

Around Decatur, the Morgan County Sheriff’s Department recently reported that DUI arrests have increased 54% this year compared to last year. In Lawrence County, the Town Creek Police Chief reported DUI arrests have increased over 40% compared to last year. I discussed these statistics with a current car accident client who is also a police officer and he indicated many of his fellow officers noticed increasing issues. You can read a short article in the Insurance Journal reporting this issue by clicking HERE. That’s a significant increase. And, it means many more dangerous drivers are on Alabama roads.

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Blackwell Law Firm -- Alabama Accident & Injury AttorneysYou suffered a car accident caused by another driver. You are injured. Suddenly, you face many questions. How can I get needed medical care? Will I heal quickly? What happens if I lose my job because I’m hurt? How will I pay my medical bills? How will I deal with the insurance company?

Then, you speak with the insurance adjuster. The adjuster may promise to help you quickly. The adjuster may even promise to pay your medical bills. It happens all the time — The adjuster acts like they are ready to pay your bills and take care of you. Most of the time, it’s not true. Most of the time, the adjuster wants to buy time to protect the insurance company.

The adjuster wants you to provide a recorded statement OR to sign an authorization so the insurance company can dig through your medical records OR simply to string you along. The adjuster tells you information is needed to get you paid. Maybe it is. More likely, it’s an effort to investigate your claim and look for potential reasons to deny it.

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Huntsville Accident & Injury AttorneysA friend recently asked me about a pedestrian death in Huntsville. What happened in that accident? A pedestrian was crossing University Drive when struck and killed. Pedestrian accidents are increasingly common in busy areas, including University Drive and Governors Drive in Huntsville. These two busy Huntsville roads involve multiple lanes of traffic with few crosswalks.

Pedestrian injury cases are very, very difficult. Let me repeat that — Pedestrian cases in Alabama are very difficult. We routinely turndown cases involving pedestrian injuries. The difficulties are both legal and practical. Alabama law requires (with some limited exceptions) pedestrians to use the crosswalk and holds them negligent if they do not. In Alabama, if you are even partially negligent you cannot recover your damages. That’s a big legal hurdle.

Alabama law is much more car-friendly than pedestrian-friendly. From state-to-state pedestrian injury laws vary tremendously. Some states favor pedestrians. Some states favor cars. As you can imagine, the policy differences typically occur between states with large pedestrian urban centers versus those with more rural or suburban areas.

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Alabama Accident & Injury AttorneysI recently wrote a post titled How Settlement Mill Lawyers Harm Car Accident Victims:  You Hired A LAWYER But Did NOT Receive One. In that article I discussed a real problem with settlement mill law firms. At settlement mill law firms, all the work and attention is performed by staff members instead of lawyers. Injury victims think they are getting a lawyer but they are not.

After writing that article, I read a Florida case where this issue almost cost a client tremendously. What happened? A car accident victim hired a law firm. The firm gathered his medical records. The firm then sent a quick demand letter to the insurance company, State Farm. Because the injured client’s bills were substantial, the firm intended to demand the full policy limits of $100,000. Oops! Instead, the firm’s letter demanded only $10,000 to settle the case. Apparently, the lawyer never read the demand letter. In settlement mill law firms, a “legal assistant” or “case manager” often writes and communicates with the insurance company. Where is the lawyer? That’s a good question. Some settlement mill firms function like assembly lines handling a volume of cases. The work product is bad. If you are hurt, you deserve to have a lawyer working your case. When State Farm received the letter offering to accept $10,000 instead of $100,000, it quickly responded by accepting in writing.

What a potential disaster! What happened next? The parties had to litigate the issue through Florida’s courts. In the end, an appellate court in Florida saved the client by holding that no settlement contract existed because of the mistake. The injured person dodged a terrible result and salvaged his case. The law firm dodged a terrible result and a potential malpractice issue.

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Huntsville Accident & Injury LawyersMany car accident injury cases are fairly straightforward. Liability and damages. Did the other driver negligently cause the collision? If so, were you injured? What is the extent of your injuries?

In recent weeks, I’ve written several posts about settlement mill lawyers. These billboard and television lawyers want a volume of those straightforward car accident and injury cases that they can quickly settle. Even when the case is straightforward, these settlement mill lawyers often harm their clients by not working to prepare cases for their maximum value. That’s important — Even when straightforward, putting the time and skill into developing and building the case can make a huge difference in the amount of damages recovered for an injured client. When our friends and neighbors suffer an injury, they deserve a lawyer who will provide personal attention and work on their case.

When you take a car accident claim and add common issues such as vehicle defects, commercial vehicles, underinsured drivers or uninsured drivers, you really are well-beyond claims that can be handled by settlement mill lawyers. These cases require work, preparation and a willingness to go to court when needed.

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Personal Injury Lawyer In HuntsvilleYou’ve seen and heard all the lawyer promises. From billboards to television, they ask you to call. Some of them even yell their requests. It’s really a terrible way to find a good personal injury lawyer. Instead, you should research your options. Talk to people you trust. Look for an attorney who will work hard to prepare your case.

For the last few weeks, I’ve been discussing several ways settlement mill law firms harm their clients. Settlement mills are those law firms that mass advertise for a volume of cases that can be quickly settled. For them, it’s not about the client relationship. It’s not about building a case for its maximum value and recovery. It’s all about volume.

In recent posts, I discussed the secret arrangements many advertising lawyers have with a specific chiropractor. Like an assembly line, clients are referred to a specific chiropractor who runs up medical bills. In the end, the client suffers. How? These clients do not get the real treatment needed. And, at the end of the case, they are left paying their settlement money to the chiropractor. I’m not attacking all chiropractors or lawyers – just the ones involved in this terrible practice.

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Huntsville Car Accident LawyersI know. You are probably asking why a lawyer would reject a good case. But, many settlement mill lawyers do reject good cases. Why? These settlement mill lawyers are NOT willing to go to court. Sometimes, good cases require you to file a lawsuit. Sometimes, good cases require a little work.

We believe in case preparation. And, we believe in going to court when needed for our clients. We believe hard work builds the best results for our injured clients.

In recent weeks, I’ve written several posts discussing ways billboard settlement mill lawyers harm their injured clients. During the over two decades I’ve practiced personal injury law, I’ve received countless phone calls from people who have been victimized by a settlement mill lawyer. We have many excellent lawyers in our community. They have also seen and heard many horror stories of the harm caused by the few settlement mill lawyers smiling from billboards and televisions.

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Alabama Accident & Injury LawyersIn a prior post, I discussed the secret arrangements where settlement mill lawyers funnel most of their clients to a favorite chiropractor who then runs-up the medical bills for settlement. The downside of this secret arrangement is that the injured person never receives proper care but is left paying the bulk of their settlement money to the lawyer and chiropractor. It’s a bad deal for the personal injury victim. It’s a shameful practice by settlement mill lawyers who neglect their clients.

What about injury victims who have health insurance or health coverage? Here’s a quick scenario. You suffered an injury in a car accident. After the wreck, you go to the local hospital and then follow-up with your doctors. You probably pay some co-pays. But, your health coverage pays many of the bills. If you have health coverage, you should use it to get the treatment you need. You then hire a lawyer to make a claim against the at-fault driver. Medical bills and personal injury claims can be a confusing topic. But, it’s a very important topic if you are facing a serious injury. If you would like more information about medical bills and personal injury cases, click the link below to my article discussing the topic.

The insurance company knows which lawyers go to court. Choose wisely. If you are seriously injured in a car accident, the choice of lawyer can make a huge difference in the insurance company’s offers to you. If you hire a settlement mill lawyer who is not willing to go to court, the insurance company is likely to pay less for your case. Why would the insurance company pay a fair settlement if the adjuster knows your lawyer will not go to court? Why would the insurance company pay a fair settlement if the adjuster knows your lawyer is simply advertising on billboards for volume cases that can be quickly settled? Why would the insurance company pay a fair settlement if the adjuster knows your lawyer is simply using a staff of non-lawyers to push claims through the system. But, getting a smaller settlement from the insurance company is not the only way you can lose with a settlement mill lawyer.

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