Common Injuries Resulting From Motor Vehicle Accidents

Injuries resulting from car accidents are often life-altering and life-threatening and can include traumatic brain injuries, spinal cord injuries, whiplash, bone fractures, paralysis and burn injuries.

Injuries resulting from motor vehicle accidents can be very obvious as in the case of broken bones and bleeding from trauma to soft tissue, but so-called "hidden" injuries that are not visible to the common observer, such as whiplash injuries can have just as devastating an impact on a victim as an obvious injury.

Whiplash refers to an injury to the neck that occurs when a vehicle is hit from behind and the occupants head and neck are suddenly jerked forward and then backward from the impact. The symptoms of whiplash include headache, pain, soreness and tenderness, swelling and muscle spasms.
An injury to the spinal cord can have life-long consequences such as chronic pain or paralysis. The physical and emotional costs of motor vehicle accident injuries are immeasurable.

If you were injured in a motor vehicle accident you could be eligible for financial compensation for the damages you have suffered such as medical expenses, loss of income and future earning potential and your pain and suffering and any other expenses you incurred as a result of the accident. -Greg Harrelson (205)912-8251Blankenship Harrelson, LLP

Getting the Most from UM Coverage

In Alabama , UM coverage (underinsured/uninsured motorist) is stackable up to three vehicles per policy of insurance. If you have more than one policy, then you can stack up to a maximum of three vehicles for each policy. However, you do not have to be a named insured on a policy to be a covered person for UM purposes under that policy.

For example, you are by definition a covered person under the policy of insurance for any vehicle in which you are either a driver or passenger. Another example is household residence, making you a covered person by definition for any vehicle insured by a household resident.  -Greg Harrelson (205)912-8251

What If You Are Injured But Do Not Have Health Insurance?

If you have been injured in an automobile accident you will likely need medical attention. What if you do not have health insurance? Even if you do not have health insurance you should go to the emergency room immediately following your accident. Most hospitals have payment programs if you do not have the money to pay. Hospitals will also typically work with you on a reduction of your medical bill.

Another way to get medical attention is through an attorney. An attorney can get appointments for you with certain doctors by providing the doctor with a Letter of Protection. A Letter of Protection is a guarantee from the patient and attorney to pay the doctor out of the settlement proceeds. When in doubt you can always find treatment at the emergency room. Most emergency rooms will even provide you with a doctor who will perform follow up care.  -Patrick Kenerly (205)912-8245
Blankenship Harrelson, LLP

I Have Been Injured. Do I Need An Attorney?

As an injury victim should I choose an attorney to help with my case or should I handle it myself? To answer this question you must ask yourself what can an attorney do for me and how much do I have to pay him.

Attorneys give injury victims the same leverage that the insurance company has in negotiating a fair settlement. An attorney also has the knowledge to properly evaluate the value of your injury claim. The insurance company knows that an attorney can file a lawsuit on behalf of his client which adds value to the case.

Other than increasing the settlement value of your case, what else can an attorney do for you? Attorneys also help with the outstanding medical bills that accompany an injury. Attorneys can negotiate with the hospitals or healthcare provider to reduce your bills. This is a huge benefit to an injury victim because it puts more money in the pocket of the injury victim.

Finally, how and when do I pay my attorney and what if we don’t win my case? Most injury victims have an increase in expenses and are often out of work for extended periods following their accident. Most attorneys will agree to take a percentage of the settlement at the conclusion of the case. In other words, if the attorney does not collect for you he does not charge for his services. This type agreement is for the benefit of the injury victim who may be financially burdened because of his injury.  Pbk (205)912-8245

Why Injury Victims Should Not Give Recorded Statements

If you have ever been injured in a motor vehicle accident you have probably been asked to give a recorded statement. As a victim in a motor vehicle accident you should not give a statement to the insurance company. Why? Insurance adjusters are highly trained at asking certain misleading questions. Once you go on the record as to how certain events occurred it is hard to make any changes. What if you don’t remember everything? Accidents usually happen within a blink of the eye. The insurance adjuster expects you to recall the exact events of the collision, and if you can’t recall certain facts, they use it against you.

Before giving a recorded statement to the insurance company you should always contact an attorney who is knowledgeable in that area of law. Remember, once you go on the record with a recorded statement it can always be used against you.  Pbk (205)912-8245

Are You Having Trouble With An Insurance Adjuster?

If you have ever been injured or had property damaged in a car accident then you have probably dealt with an insurance adjuster. What do you do if you can’t come to terms with the adjuster? You actually have several options. First, you can request that your injury or property damage claim be assigned to a new adjuster. The chances of that happening are pretty slim though.

Next, if you feel you are being mistreated you can ask to speak to the adjuster’s supervisor. If the adjuster is not giving your claim the attention it deserves, a call to his supervisor may help.

Why do you think it is that adjusters can be so difficult to deal with sometimes? One of the adjusters settlement methods is to wear you down. For instance, your goal is to negotiate a fair settlement to compensate you for your injuries. The adjuster on the other hand will prolong the settlement or continue to offer unreasonable settlement terms. The adjuster is at an unfair advantage because he has the money and you need the money. The adjuster is hoping that you will settle for the unreasonable offer so you can get the claim behind you.

You should contact an attorney to help if you encounter any of the above situations. An attorney can get more money for you and handle the hassle of working with the adjuster. Pbk (205)912-8245

How Do I Know If What The Insurance Company Offers is Fair?

Setting the value of your case is more of an art than a science. Historically, if you lost an eye because of someone else’s wrongdoing, you were entitled to take their eye.  On the other hand, some will say that the value of your case is based on a multiple of your medical bills: medical bills times two, medical bills times three or such. Neither is correct.

The true value of your case is what a jury, given the chance, will award. Large jury verdicts (like you might hear about in the news media) resulted from Plaintiffs who were willing to suffer great risk. A favorable jury verdict requires many things falling into place: the lining up of persuasive legal liability, serious injuries, desperate consequences, a credible plaintiff, a unselfish jury, excellent case presentation, an unsympathetic defendant who has monetary resources (usually insurance) and other things.

A good place to start your evaluation is the seriousness of the injury. An injury that results in intensive care in a hospital brings greater compensation than an injury that results in chiropractic care alone. A scar on your face is worse than a scar on your back. If you have had a similar prior injury, the value of your case will be reduced. Distinguishing between what damage resulted from the past versus the present is confusing and tends to push the case value down. Then, there must be a wrongdoer. Was the conduct that resulted in your injury innocent? Negligent? Reckless? Willful? A drunk driver, for example is worse than someone who innocently ran a hidden stop sign.

Next, how much do you have to explain to the jury about your past? The jury, after all, has to want to help you. If you have been arrested 37 times for DUI, don’t expect a jury to help you much because you got hit by a drunk driver. A jury will most likely have the opportunity to consider anything in your recent past that speaks to your credibility.

Where the case is also matters. Every area has its own personality. Some areas are more sympathetic to claimants. Some areas are more sympathetic to wrongdoers. Some areas nickel and dime even the most credible claim. Other areas are more generous. All of these and other factors must be artfully presented to the jury. Finally, once a jury has rendered a verdict in your favor, the defendant must have the ability or the insurance to pay.

If an insurance company is offering you a settlement, talk it over with an attorney first to see what all the variables are for your case. Make sure that your injuries, including future medical issues arising from your current injuries, are being adequately addressed. It's always a good idea to double check with a second source. blb (205)912-8248

Why An Expert Witness?

Sometimes expert witnesses are simply required in an injury case. An expert witness is a witness who has knowledge not normally possessed by the average person. This expert knowledge can result from higher or specialized education. It can also result from experience. An expert witness can testify if their testimony would help the jury understand an issue that the average person would not know. An expert is sometimes required, however, when the cause of an injury is not clear.

For example, in an injury case that results in death or serious injury, often the witnesses are deceased or unable to testify because of their injuries. A specially trained expert can reconstruct an accident scene from black box data, video and photos taken from the scene, measurements of skid marks and bystander statements and show with remarkable accuracy what happened. When someone falls for no apparent reason, a special type of mechanical engineer can examine the floor, stairs, ramps and such to determine if certain building code violations caused the fall. When a mechanical failure causes a car or truck to crash, only an expert witness can show which product caused the mechanical failure and how.

In these situations, and some others, the failure to utilize an expert witness will cause your case to be dismissed. Of course, expert witnesses can also eliminate injury causes. If you suspect that something caused an injury, an expert witness may be able to investigate and relieve your suspicion or concern. Sometimes eliminating a cause can be as much of a relief to an injured person and their loved ones as finding a cause.

Whether an expert is required should be analyzed early on and if it is determined that an expert is needed, they should be retained early. blb (205)812-8248

18 Wheelers Have Rules in Place to Protect Us All

In 2009 there were reportedly 3,200 deaths in accidents involving big trucks. As much as one-third of all commercial motor vehicle crashes are due to fatigue, according to the NTSB. In order to try and prevent crashes caused by fatigue, rules and regulations are in place which limit the amount of time a driver can spend behind the wheel.

Even though regulations exist, companies routinely push their drivers to exceed their driving hour limits in order to increase productivity and profits. If you have been injured by a commercial vehicle, you should contact an attorney to review your case. GDH (205)912-8251

Do you have a personal injury case?

If you are hurt and think somebody else is to blame, these simple questions will help you assess your case:

WHO could be held liable? Did the wrongdoing of somebody else cause or contribute to your injury, and whose was it?

WHAT is the extend of your injury? Is it permanent or temporary? Did you lose time from work? How much? How much money did you spend on medical bills; how much do you owe? Did you suffer pain or emotional trauma?

WHERE did the injury happen? This affects who can be found liable. For example, did it happen at work, in a mall, or a highway?

WHEN did it happen? If you wait too long to file a claim, you may be out of luck because of rules setting deadlines for filing. In some cases, these rules require making a claim in six months or shorter.
blb (205)912-8248

Thirteen Year Old Child Cannot Be Held Contributory Negligent in Motor Vehicle Accident

In Alabama most children thirteen years and younger cannot be held liable for accidents they are involved in. Unfortunately, young children are often struck as pedestrians by motor vehicles. If you believe your child may be at fault for running out in front of a vehicle, you need to check the facts. The driver’s speed, weather conditions and other factors may determine the outcome of your case. A child may recover against another party if it can be shown that the other party is at least 1% at fault If your young child has been injured by another party it is important that you contact an attorney to review your individual case. Pbk (205)912-8245

What Are Your Options If You Are Injured By A Water Craft?

There are numerous waterways in Alabama. They reach from the Tennessee Valley all the way to Mobile Bay and Orange Beach. What happens if you are injured by someone who negligently operates their water craft? Water crafts have liability insurance policies just like your motor vehicle.

Each holiday there are multiple reports of boating accidents. Many occur at night, but they also occur during the day. It was reported that two boats collided on Lake Martin over the July Fourth weekend. Multiple people were flown by helicopter to local hospitals with life threatening injuries. Authorities say that alcohol played a major role in the boating accident.

Accidents that occur on waterways can be very difficult to determine fault. There are rules that must be followed when driving a boat just like rules for motor vehicles. If you have been injured in a boating accident you should contact an attorney to help with your case. Pbk (205)912-8245