Articles Tagged with claim

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Blackwell Law Firm -- Helping Alabama Car Accident VictimsFor most of us, cars are an essential part of life. Each morning, we ride to work, to school, or to other activities. We spend much of our lives inside a car on the road.

Most people will live their entire lives without a serious injury. What happens if you do suffer a personal injury? In prior articles, I’ve discussed numerous personal injury topics. If you have questions about medical treatment, insurance, accident claims or the legal process, hopefully you can find some good information on my blog.

Today, I want to discuss a few mistakes you can make right after a serious accident. Every week, I talk to car crash victims where one of these mistakes is a problem issue. Here are seven big mistakes Alabama accident victims often make:

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Several weeks ago, I wrote an extended post on Five Bad Rules That Can Harm Your Alabama Car Accident Claim. We frequently deal with these rules in auto accident injury cases we prepare. These rules can ruin your claim or severely decrease its value.

If you suffered a serious injury, it is important to seek legal counsel experienced in handling these issues in court. A simple fact or argument can often determine whether or not one of these rules applies. Unfortunately, most of the settlement mill lawyers advertising on billboards fail their clients in these cases.

If you want more details, take a look at our longer article. If you have questions about a case or claim, we are happy to answer them. I’ve attached a slideshow which is shorter than our previous article and hits the key issues in each of these Alabama rules. I thought the slideshow could serve as a quick reference or download on these issues. Here it is:

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Blackwell Law Firm: Helping Alabama FamiliesWhat is Alabama’s Survival Statute? Ask yourself, what potential claims survive death and can be filed by an Estate? In our office, we specialize in Alabama personal injury claims. If an injury victim dies BEFORE he can file a personal injury case, will his Estate or heirs be able to file the claim? Alabama’s Survival Statute sets those rules. And, UN-filed personal injury claims do not survive the death of the victim in Alabama.

This can be a big deal. A really big deal. Here is an example — Your neighbor suffers devastating injuries when struck head-on by an intoxicated driver. He is rushed to the hospital. He spends months receiving costly, specialized medical care. His bills grow and grow. Because he cannot return promptly to work, he loses his job. His damages are huge. He is not the only one suffering. His family suffers as well. If your neighbor files a personal injury case, he can try to recover all his damages and losses. What if your neighbor dies? If he filed his case, then his Estate can continue to pursue the claims. What if your neighbor dies before he could file his case? Then, his UN-filed personal injury claim dies with him. His Estate cannot file a personal injury lawsuit. His Estate will face huge claims by the medical providers with no ability to recover money to pay those claims. Is this scenario fair? Is it fair that an Estate can maintain a personal injury claim in one scenario but not the other? Certainly not.

Wait. Doesn’t Alabama allow wrongful death claims? Yes. If the personal injury victim dies FROM his injuries, then his heirs can pursue a wrongful death claim. Yet, this scenario remains unfair for two reasons. First, this provides NO help for the Estate where the personal injury victim died of an unrelated cause. No wrongful death cases exists if the death is unrelated to the injuries. Second, under unique Alabama law, you cannot recover compensatory damages in a wrongful death claim. In Alabama, only punitive damages are recoverable in wrongful death claims. So, the Estate is still left unable to recover for huge medical expenses, lost wages and other specific injury-related costs.

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Alabama Work Comp Claims: Blackwell Law FirmHurt on the job in Alabama? Our workers’ compensation laws provide valuable medical and disability benefits. You may need those benefits. You may not realize the importance of those benefits at the time of the accident. Many of our clients in both workers’ compensation claims and car accidents do NOT realize the extent of their injuries at the beginning.

Our workers’ compensation laws require injured workers to provide prompt notice of an accident. If you do not, then you cannot later recover workers’ compensation benefits. Notice seems simple. Yet, it is a frequent issue in many cases.

Alabama’s Workers’ Compensation Act talks in terms of “written” notice. Yet, our courts allow claims where notice is only oral and not provided in writing. I could give you a long legal lecture on how and why these notice requirements developed. That’s a different discussion for another day. I will say this — Alabama provides a standard accident notice for employers. You can find a copy HERE. If you suffer an accident and injury, make sure it is completed.

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insurance-1991216_1280-300x211Another driver crashed into you. You suffered personal injuries in the car accident. Now, you need medical care. Medical Bills. Lost Wages. Disability. Pain and Suffering. You may be worried about several issues. So, you decide to make a claim.

After making a claim, you learn more bad news. The driver who caused the crash is bankrupt. You learn the other driver has actually filed a Chapter 7 bankruptcy seeking to discharge all of his or her debts. Can you still recover compensation for your personal injuries? In most cases, the answer is yes.

At our office, we have helped many injured accident victims recover compensation even when the driver who caused the crash is bankrupt. These issues can require legal guidance. An experienced personal injury attorney willing to fight for his or her clients can help. But, be careful who you hire. Many billboard and television advertising attorneys talk a big game but are unwilling (or unable due to a lack of real courtroom expertise) to do the real legal work needed.

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Blackwell Law FirmAs a personal injury attorney, I often follow other trials and verdicts across Alabama. Recently, some excellent attorneys obtained a great verdict for their injured client in south Alabama. During that trial, the insurance company attorney argued that the personal injury victim could not be hurt because he waited 21 days to seek medical care. The argument:  A delay in getting medical care means you were not hurt!

The truth, short delays or gaps in medical care are common. They are very common. What are some reasons personal injury victims delay initial medical care? Here are seven common reasons:

  • A Dislike Of Medical Visits/Appointments. Who does like medical visits? Sitting in waiting rooms for hours. Endless forms. Doctors/nurses poking and prodding you. After an accident, you may be hurting. But, you are hopeful a few days or weeks of rest and you will be better. So, you wait and see. That’s normal. Yet, if you make a claim later, the insurance company will use your delay against you.