Personal Injury FAQs
General
- Should I provide a statement to an insurance company without a lawyer's help?
- Will I have to go to trial to recover damages?
- What is considered “pain and suffering?”
- What determines the amount of damages I might recover?
- Is there a minimum or maximum amount that can be recovered in a personal injury settlement?
- What is a typical settlement amount?
- How much is my case worth?
Brain injury
- What are the most common types of brain injury?
- What causes a brain injury?
- Are some injuries milder than others?
- Am I entitled to compensation for my brain injury or one suffered by a family member?
Dog bites
- A dog bit me. Who do I tell?
- What is the “one free bite” rule?
- Which jurisdiction covers dog bites—state or local?
- What do leash laws cover?
- Can posting a “Beware of Dog” sign help get me out of trouble if my dog bites someone?
Auto accidents
Wrongful death
- What is wrongful death?
- What is the statute of limitations for filing a wrongful death claim?
- What is the difference between wrongful death and medical malpractice?
- Who can sue for wrongful death?
Product liability
Premises liability
General
Should I provide a statement to an insurance company without a lawyer's help?
It is in your best interests to only provide your contact information to an insurance company until you consult with a lawyer. The more significant your injuries, the more imperative it becomes to seek legal counsel before providing any statement.
Will I have to go to trial to recover damages?
About 95 percent of personal injury cases filed settle prior to trial.
What is considered “pain and suffering?”
Pain and suffering includes harm caused by physical injury and mental anguish experienced through avoiding activities you engaged in prior to your accident and the potential of surgery.
What determines the amount of damages I might recover?
Every case addresses three issues:
- Liability—establishing someone's negligence
- Damages—the amount that will fairly and adequately compensate you for your injuries
- Source of collection—insurance or other assets from which damages can be recovered
Is there a minimum or maximum amount that can be recovered in a personal injury settlement?
No.
What is a typical settlement amount?
An experienced personal injury lawyer reviews and interprets your case information to determine the appropriate value for your claim:
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The goal is fair and adequate compensation for your injury and an experienced attorney knows what a reasonable jury would award. The strength of lay and expert witness testimony will likely influence the amount.
How much is my case worth?
Many factors determine how much compensation you may receive, including the severity of your injuries, your past medical history, and the amount of insurance coverage that the responsible person or company has. An attorney can assess the potential value of your claim.
Brain injury
What are the most common types of brain injury?
Brain injuries fall into two categories—traumatic brain injuries and acquired brain injuries.
Traumatic brain injuries occur when the brain is damaged by an external force, such as an accident or a blow to the head. Acquired brain injuries occur at a cellular level, such as by oxygen deprivation.
What causes a brain injury?
A force or blow can cause traumatic brain injury by causing the brain to move inside the skull or by damaging the skull to the extent that it then damages the brain. Many traumatic brain injuries stem from motor vehicle accidents, a direct blow to the head with a heavy instrument, sports injuries, slip-and-fall accidents, and physical violence.
Some causes of acquired brain injury include starvation of oxygen to the brain and lack of blood flow to the brain. Other circumstances under which one might suffer an acquired brain injury include near drowning, choking, stroke, disease, and toxic exposure. Hypoxia or anoxia (deprivation of oxygen) to a fetus around the time of birth is often seen in birth injury or cerebral palsy cases.
Are some injuries milder than others?
The level of brain damage can vary with traumatic and acquired brain injuries. A person may suffer a mild brain injury, which impacts the person for a short period and with minor symptoms.
Symptoms of a moderate brain injury can last longer, and the effects can be more profound.
A serious brain injury can lead to life-changing and debilitating problems and can result in such conditions as coma, vegetative state, minimally responsive state, locked-in syndrome, brain death, and many other conditions.
When the brain injury is hypoxic or anoxic in nature, it can cause developmental delay in the baby and profound lifelong disability.
Am I entitled to compensation for my brain injury or one suffered by a family member?
A qualified brain injury lawyer can best evaluate your case for possible compensation. He or she must thoroughly review the facts of your case with experts and advise you regarding all options.
Dog bites
A dog bit me. Who do I tell?
Contact your local animal control agency or the police.
What is the “one free bite” rule?
In Alabama, the owner is not held liable for the first bite the dog inflicts. Once an animal has demonstrated vicious behavior—biting or otherwise displaying a “vicious propensity”—the owner can be held liable.
Which jurisdiction covers dog bites—state or local?
Both. In addition to Alabama laws, your local communities might also have animal laws covering bites, leashing, and vaccinations. Your local laws might ban ownership of certain breeds, too.
What do leash laws cover?
Most communities require dogs to be leashed unless they are confined to a house or fenced yard, even on the owner's property. Failing to adhere to the leash laws combined with dog biting may increase potential penalties.
Can posting a “Beware of Dog” sign help get me out of trouble if my dog bites someone?
While the sign may help to alert others to any potential hazard, specific facts surrounding the dog bite determine any liability.
Auto accidents
Can the insurance company refuse to pay my medical bills if my car was not damaged?
No. While the insurance company might try to draw a direct correlation between damage done to your car and the severity of your personal injury, it is possible that the body sustains damage even if the car did not. The reverse may also be true—a car might experience major impact but the people might only suffer minor cuts and bruises.
Wrongful death
What is wrongful death?
The idea behind a wrongful death lawsuit is the wrongful death, in addition to injuring the person who died, also brought harm to the people who depended on that individual for financial and/or emotional support. The wrongful act might be:
- A negligent or careless act (e.g., careless driving)
- A reckless act
- An intentional act such as deliberate murder
Alabama law allows a lawsuit to be brought by the decedent’s relatives in the event of a wrongful act.
What is the statute of limitations for filing a wrongful death claim?
Alabama law sets the timeframe for filing. The time period begins with the occurrence of the incident or the party discovery of the injury. The state will not honor a wrongful death claim filed after the legislated timeframe and the opportunity to recover damages for the family will be forever lost.
What is the difference between wrongful death and medical malpractice?
Wrongful death is a type of damage and malpractice is a type of negligence. Not every wrongful death case involves medical malpractice and not every medical malpractice case involves wrongful death.
Who can sue for wrongful death?
Alabama law defines the person(s) allowed to bring a wrongful death suit. In Alabama, a spouse and children may file.
Product liability
What if I know that a defective product harmed other people besides me?
When the same defective product injures a large number of people, they may join together in a class action lawsuit to hold manufacturers and sellers liable for the injuries caused by their product.
Premises liability
I fell and was injured. Can I sue someone?
If you fell while working, your injuries may be covered by your employer’s worker’s compensation insurance.
If your injury occurred in a store or a building, you can sue to recover damages to compensate you for your injuries. Be aware, however, that a building owner is not liable for every injury that occurs on the property. To recover for an injury, the owner or operator of the business must have breached his duty to keep the premises reasonably safe and to warn of known dangers. An attorney can provide you with additional details about premises liability.
