What Is My Personal Injury Case Worth?

As an injury attorney this is the most common question asked when I am consulting injury victims. The answer depends on many different factors. Where did the accident occur? What are the injuries? How much are your medical bills? Do you have a permanent disability rating? Do you have lost wages? Is liability clear?

The answer to this question can be often overwhelming for injury victims. The goal in resolving injury cases is adequate compensation for the injury victim. Most cases are very complicated, thus an attorney is needed to sort through all of the red tape.

Before you hire a personal injury attorney be sure to check them out. Ask whether they have experience handling your type of case. You can also ask the attorney for client testimonials. There is no better way to find out about an attorneys performance than talking to former clients. Do your homework and find out if the attorney is right for you. 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

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

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

Car Wrecks Involving Soft Tissue Injuries

Have you ever experienced a day of yard work or heavy lifting and realized a few days later that you injured yourself? The same concept relates to car wrecks. Whether it is a low impact collision or a violent collision, your body produces adrenalin as a protective measure to relieve trauma. Often times an individual fails to realize he or she is injured after a car wreck. It is important to seek medical attention immediately following a motor vehicle collision.

The first responders to an automobile accident are typically the police. When they arrive they will ask you if you are in need of an ambulance. It is always better to be on the safe side and have an EMT check you out after a car wreck. Often times neck and back injuries are due to the sprang and strain of muscles, but it can be much more serious. Neck and back pain from an automobile collision can be caused by bulge discs, disc protrusions, or even herniated discs.

Remember, your body does not always recognize right away that it is injured. Car crash injuries can be very complex and tricky. When in doubt you should always seek medical treatment from an emergency room or family physician. Pbk (205)912-8245

Claims Involving Single Vehicle Accidents

Do you have a claim if you have been injured in a single vehicle accident? Yes, you should always contact your insurance company after an accident. Most insurance policies have a coverage to pay for your medical bills. The coverage for medical bills varies from policy to policy.

You may also have a claim against the manufacturer of your vehicle or vehicle parts. Single vehicle accidents are not always the fault of the driver. What if you have a tire malfunction? There have been thousands of claims against tire manufactures for faulty tires.

What if the accident is your fault, but your seatbelt fails? A federal court jury returned a $19 million dollar verdict against Ford Motor Company for the failure of their seatbelts in a 1998 Ford Windstar. In this particular case it was determined that there was a design defect within the buckle of the restraint system. Luckily the Plaintiff’s in this case contacted an attorney to preserve evidence. pbk (205)912-8245

Depositions: Just Tell It

There is something refreshing about being in a deposition with a witness that just tells it. Facts that may otherwise be damaging are often neutralized when they are addressed truthfully and head on. One of the most important steps in any lawsuit is deposition. One of the most important steps in any deposition is preparation.

Working with your attorney BEFORE the deposition is essential.  A competent attorney can help you confidently answer any deposition question. During deposition preparation, just be candid with your attorney about anything you might be embarrassed about or ashamed of. It is understandable that you may be ashamed or regretful about something in your past. Most likely, your attorney can assure you that you are not alone. More importantly, he can help you cope with being questioned about it. Sometimes how you were injured or the injury itself is embarrassing.

Hoping that nobody will ask you about it is not a practical method. Almost always, anything you try to hide becomes a true liability to your case. Trust your lawyer and tell him or her about it. This process may take several hours and it is worth the time investment. A successful deposition preparation may not take all of the stress out of a deposition. However, it should give you the confidence to just answer questions truthfully whether they are difficult or not. The goal should be honesty. Working with your attorney should make honesty the only policy. blb (205)912-8248

What If I Think My Child Was Injured by a Vaccine?

Some vaccine manufacturers have put profit ahead of safety. As a result, children have suffered anaphylaxis or anaphylactic shock, encephalitis, chronic arthritis, measles, polio, and so forth. Some children have even died. In response, the National Childhood Vaccine Injury Act was passed around 1986.

A vaccine injury claim under the Act must be filed with the U.S. Court of Federal Claims in Washington, DC. A claim under the Act precludes a claim in a local court. There are fairly short deadlines for filing the claim so it should be filed as quickly as you suspect an injury is caused by a vaccine. Once filed, the claim is broken down into two phases: "entitlement" and "damages". The U.S. Department of Justice files an objection to the claim.

Overall a vaccine claim takes longer than a typical tort claim. First, a special master (rather than a judge) decides if the vaccine was more likely than not the cause of the injury. If not, the special master’s decision can be appealed. If so, the claim moves forward for a damages determination. As with causation, damage claims may need to be supported with expert witnesses. A monetary award may be given for past medical bills, future medical bills, lost wages, lost future wages, non-wage economic loss.

The average injury damage award hovers around $1 million. Monetary awards for death cases are limited to $250,000. Attorney fees may not be based on a contingency percentage. Rather, the attorney must submit a separate petition for hourly fees and expenses to the special master.

If your child or someone you know has been injured by a vaccine, contact a reputable attorney as soon as possible. Your time to file a claim is limited.

Never Sign A Release Without Consulting An Attorney

If you have been injured by someone else, never sign a release without first consulting an attorney. Never. A release is a piece of paper that in any way says you forgive someone. Even if you are offered a check, don't sign a release, no matter what your financial situation is.

Even if you are offered a check, a reputable attorney will agree to represent you based on a percentage of what he or she recovers for you in addition to the check you've been offered. Then, the attorney will review the release as part of his or her service to you and give you sound legal advice on how to protect yourself and your future concerning medical costs, etc.

Moral of the story: Never sign a release until you talk to an attorney first.

What to do in an 18 wheeler crash:

Crashes involving big trucks or commercial vehicles are complex and an attorney should be retained immediately. The responsibilities of the vehicle owner and driver must be analyzed under both federal and state laws, regulations, rules and ordinances. The applicable laws, regulations, rules and ordinances will depend on where the crash happened, where the company has a principle place of business and where the driver lives.

In addition to this analysis, some of the things your attorney may help you with are:

Document the scene of the accident
The best way to do this is by video as quickly as possible. The video should show the scene of the crash from every angle paying particular attention to road conditions, tire marks, gouges in the road surface, strike impressions (these often wear off over time), traffic signals (and controls) drop off, the vehicles, etc. A video from the dash of a comparable vehicle approximating the speed at the point of impact is sometimes pivotal. Photographs will ultimately be needed for presentation.

Interview witnesses
Again, if the witness will agree, the best way to do this is by video.

Secure the vehicles
Many claims require that the vehicle be kept in the crashed condition. If the vehicle is repaired or destroyed before the claim is resolved, the claim may be lost.

Get the records
Determine the driver’s history, the company’s Department of Transportation compliance history, insurance information, incident reports, "black box" data, 911 tapes, etc.

Retain experts
Make an early determination concerning the experts that will be needed to make your claim. For example, biotechnical engineers, accident reconstruction engineers and safety experts are common in these cases.

The work up of cases involving big trucks and commercial vehicles is more urgent than most cases. Many companies have teams on call to respond when their trucks or vehicles are involved in a crash. Often, these teams are working up the scene before the vehicles are towed from the scene or while the injured people are treated. A delay of even a day before you retain an attorney gives them a distinct advantage.

If you have been injured in a trucking crash, we welcome the opportunity to work with you. (205)912-8248