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How Much Is Pain and Suffering Worth In A Car Accident Claim?
Calculating economic damages such as medical bills, wage loss, and property damage in a car accident claim is usually fairly straightforward. Putting a dollar amount on pain and suffering damages can be much more challenging. The personal injury attorneys at Moore Law Firm have more than 30 years of experience successfully recovering damages for clients in car accident claims. Understanding the factors that are considered can give you a better idea of what your case may be worth.
What Is Pain And Suffering?
In Alabama, pain and suffering are compensable damages for the physical pain and mental anguish that often accompany serious injuries sustained in a car accident. In addition to physical pain, these types of damages may include loss of enjoyment, emotional distress, disfigurement, embarrassment, permanent disability, and loss of consortium. Simply put, mental pain and suffering includes all the negative emotions a car accident victim has suffered, such as anger, humiliation, fear, and shock. Dealing with the aftermath of life-altering injuries can lead to PTSD, anxiety, depression, insomnia, and other conditions.
Determining What Pain And Suffering Is Worth
There is no set formula for calculating pain and suffering in a car accident claim. Each case is unique, and each injured victim deals with physical and emotional hardships differently. Your car accident attorney will take a number of factors into account when determining pain and suffering amounts, such as:
- The severity and type of injuries
- Whether you suffer from permanent disability or disfigurement
- The impact your injuries have had on your daily activities
- Whether you will be able to return to work or do the things you used to enjoy
- The duration of your recovery and whether you will ever fully recover
- The physical pain associated with your injuries
- Fear, stress, anxiety, and depression caused by your injuries
Regardless of whether your attorney is negotiating with an insurance adjuster or litigating your car accident case in court, they must provide present evidence that supports your claim for pain and suffering damages. An experienced lawyer may back up your claim with medical records, expert witness testimony, and other evidence. They should know how to use the facts of your case to build a solid argument for pain and suffering damages. Typically, personal injury attorneys are able to negotiate reasonable non-economic damages without having to take a car accident case to court.
Ways To Calculate Pain And Suffering Damages
In some cases, pain and suffering damages are calculated using a specific method. These types of damages may be valued by using the multiplier method or the per diem method.
Multiplier Method
The multiplier method uses the total amount of your medical bills as a base number that is multiplied to determine pain and suffering damages. This multiplier can be anywhere from 1.5 to 5 times the amount of your medical bills. Typically, the more severe your injuries and the longer it takes to recover, the higher the multiplier. For example, if your medical bills were $100,000 and the multiplier is two, you’d receive $200,000 for pain and suffering damages.
While there is not a true rule on multiplying damages to get verdict ranges, this is one formula insurance companies can attempt to use to value a case. Of course insurance companies usually try to use the lowest possible multiplier. A good personal injury attorney will negotiate the multiplier and fight to help you recover the maximum amount of pain and suffering damages to which you’re entitled.
Per Diem Method
The per diem method uses the number of days between the date of your injury and the date your doctor releases you multiplied by a daily rate (per diem). For example, if your per diem is $200 and it took you 500 days to recover, you’d receive $100,000 in pain and suffering damages. The per diem method doesn’t work well for catastrophic injuries such as paralysis or amputation, as you can never fully recover and be “made whole” like you were before the accident.
Neither you nor the insurance company is required to use one of these methods to calculate pain and suffering damages in a car accident claim. Your attorney will do a comprehensive assessment of the circumstances and specifics surrounding your claim and your injuries and come to a fair number for pain and suffering damages.
Contact A Mobile Car Accident Lawyer
At Moore Law Firm, we understand the complex aspects of car accident claims. Our attorneys fight to help you recover the compensation you need and deserve to make things right. To schedule a consultation, use the convenient chat feature on our website, contact us online, or call our car accident attorneys at 251-445-7602.
How Much Does A Car Accident Lawyer Cost?
Finding a lawyer after a car accident can be overwhelming, especially if you’re unsure of how you’ll pay for their services. Finding out how much a car accident lawyer will cost can set your mind at ease and help you make informed decisions about who you want to hire. The personal injury lawyers at Moore Law Firm work on contingency, which is the most common way attorneys get paid for car accident cases.
What Is A Contingency Fee?
The vast majority of car accident attorneys charge a contingency fee, which means they don’t get paid unless they obtain a financial recovery for a personal injury client. The fee is usually a certain percentage of the total settlement amount and can range anywhere from 33% – 50%, depending on the complexity of the case.
Unfortunately, lawyers who charge more than 33% often end up taking home more than their injured clients when all is said and done. However, Moore Law Firm’s personal injury attorneys believe clients should always come away with more in their pockets when recovering compensation for serious injuries and losses. In addition to charging a low 33 1/3% contingency fee, they will adjust the amount the firm collects from a settlement to ensure the client receives more than the attorney, regardless of the cost of medical bills and the total amount of the award. This can result in personal injury victims receiving tens of thousands more than they would have if they had chosen an attorney who charged higher contingency fees and didn’t offer a fee guarantee.
Before a lawyer begins to work on your case, you’ll discuss payment and sign an agreement that specifies what their contingency fee will be and how other costs will be paid. Most car accident attorneys offer free case evaluations, so you have nothing to lose if you contact a lawyer after being injured or losing a loved one in a crash.
Benefits Of Contingency Fees
Contingency fees benefit both the client and their car accident attorney. The injured party doesn’t have to come up with a large sum of money to hire a lawyer, and contingency fees motivate attorneys and their legal teams to do their best and work hard to recover maximum compensation for their clients. This doesn’t mean that car accident lawyers only take cases in which they know the award will be hundreds of thousands or millions of dollars. Many personal injury attorneys are happy to take on smaller cases when they believe a client has a solid, recoverable claim.
Know What You’re Getting Into Before You Sign On The Dotted Line
Having a clear understanding of how much a car accident lawyer’s services may cost before you sign an agreement is essential. Carefully review the contract and ask questions if you’re confused about how the contingency fee works or how other costs will be paid. Up-front expenses such as expert witnesses, court filings, and medical records requests may be deducted from a car accident settlement or award you receive. It’s also important to find out if you’re responsible for reimbursing your attorney for these out-of-pocket costs if they fail to recover compensation for you.
Knowing exactly what your financial obligations for legal representation are can save a lot of headaches down the road and allow you to focus on what’s important—healing and moving on with your life. If someone is hesitant to answer questions or explain specifics so you have a full grasp of how much your auto accident attorney will cost, it’s probably best to continue your search for another lawyer.
Contact A Car Accident Lawyer To Learn More
At Moore Law Firm, we’re dedicated to helping clients get through difficult times. We put our experience to work for you and won’t back down in our pursuit to recover the maximum compensation you deserve. If you’ve been injured due to someone else’s negligence and have questions about how much a car accident lawyer will cost, contact us online or use the convenient chat feature on our website. You can also call our Mobile, AL office at 251-445-7602 to schedule a free consultation. We proudly serve personal injury clients in Mobile and throughout the state of
Can I Sue for A Car Accident if I Wasn’t Injured?
Even if you’re not injured in a car accident, a damaged or totaled vehicle can be more than a minor inconvenience. When someone else’s negligence causes a crash, they may be responsible for paying the costs of repairing or replacing your vehicle. Typically, these types of claims are more easily settled than personal injury claims.
The Cost of Property Damage Caused by Accidents
According to the most recent study on the economic impact of motor vehicle crashes by the NHTSA, the yearly cost of damage-only accidents is $71 billion in the United States. If you have comprehensive coverage, you may be able to recover compensation for property damage from your insurance company.
However, if someone else was responsible for causing the accident, you could pursue a claim with their insurance company. Unfortunately, many people on Alabama roadways are uninsured or underinsured. In these cases, filing a claim with your insurance company is the easiest way to get repair costs covered.
Building A Property Damage Claim
In a claim involving property damage to your vehicle, you typically must demonstrate three things to prove the other party’s negligence:
- The other motorist’s actions caused property damage
- The other driver failed to practice reasonable care before the accident occurred
- You suffered tangible financial losses
Even if you’re involved in a minor fender bender, it’s important to call the police after an accident, regardless of whether you were injured. An accident report can provide evidence of how the accident occurred and who was responsible for causing the crash. If a negligent driver admits to police that they were at fault, that information may be included in an accident report, as well. Other evidence to support your claim includes photos and video of the scene and damage to your vehicle, witness statements, and repair bills.
Damages That May Be Covered
In a car accident claim that doesn’t involve injury but damaged your vehicle, you may be able to seek compensation for:
- The cost of repairing the damage or replacing your car or other property
- The cost of a rental car or public transportation while you were without your vehicle
- Lost wages/ Loss of Use from time spent away from work due to the accident
- Diminished Value of the vehicle if the vehicle is relatively new
Make sure to save all accident-related bills and receipts you have as proof of your losses.
Hiring an Attorney
The majority of car accident settlements that don’t include compensation for injuries are typically negotiated out of court. Litigation is costly and time consuming for everyone involved. Most insurance companies would rather settle out of court to save time and money. However, if a negligent party or insurance company refuses to provide the amount you deserve, filing a property damage lawsuit may be the only way to recover any money.
Because you’ll have to present your case to a judge or jury, hiring an attorney is beneficial. A car accident lawyer can investigate the circumstances surrounding the crash, collect evidence, put an accurate value on your damages, and build a solid claim. Before you go to trial, your lawyer may even be able to negotiate a fair settlement with the insurance company. Having a lawyer handle your case can also cut down on the stress that’s often involved when dealing with a property damage claim.
The maximum amount a party may sue for in small claims court in Alabama is $6,000. If your total amount of damages is less or close to this amount, taking your case to small claims court may be your best bet.
What Should You Do When Your Personal Injury Claim Is Against the Government?
When you’re hurt due to someone else’s negligence, a personal injury claim is a legal remedy you may pursue to recover damages. But what happens when you’re injured due to the negligence of a government entity or employee? The attorneys at Moore Law Firm realize that winning a personal injury claim against the government is challenging.
Understanding the special protections that many governmental agencies enjoy and following Alabama’s strict guidelines for bringing a personal injury claim against them is vital. An experienced lawyer can advise you if local or federal laws and regulations apply in your case.
Personal Injury Claims Against the Government in Alabama
The Alabama Constitution provides protections for the state and claims “the State of Alabama shall never be made a defendant in any court of law or equity.” This is based on the idea of sovereign immunity, which stems from the old English concept that no one could hold the king accountable for any wrongdoing since the king made the laws. Although there are very few exceptions in Alabama, each U.S. state still considers this rule, which makes it tough to win or even bring a personal injury claim against the government.
Alabama law provides distinctions between claims against state government entities and claims against its employees acting as individuals. Practically all state claims in Alabama are barred due to immunity. Still, state-agent claims involving individual employees are allowed if the employee who caused harm failed to act in good faith and behaved, “contrary to clearly established law.”
If you’re unfamiliar with Alabama law and the processes involved in filing this type of claim, you likely won’t get far if you attempt to file a lawsuit on your own. That’s why it’s vital to contact a personal injury attorney who can assess your case and advise you of your options.
How to File a Personal Injury Claim Against a Government Employee or Entity
Although these claims can be filed in the state’s civil court, it’s vital to determine whether your claim is against an employee of the state or local government, such as a county or city worker. Rules vary by jurisdiction, so seeking the counsel of a local personal injury lawyer who understands the ins and outs of state and municipal law is critical. It’s important to act fast. In Alabama, formal claims against a municipality must be brought within six months of the date of injury and within one year if you’re filing a claim against a county.
If you’re bringing a claim against a state worker, the Alabama statute of limitations for personal injury claims is typically two years from the date of the accident or injury. Other exceptions apply in cases involving minors. If an injured victim is a minor in the state of Alabama (19), the statute of limitations begins when they turn 19.
What Is a Notice of Claim?
Most federal, state, and local governments require you to file a Notice of Claim with the proper agency before actually filing a lawsuit. The Notice of Claim’s purpose is to inform the government of your intention to bring a suit against them. Having a lawyer assist you with your Notice of Claim is important because it must be filed with the proper agency within strict deadlines and contain specific information, such as explaining what occurred, evidence of your injuries, and other vital information. If a Notice of Claim isn’t properly executed, it may be denied before you even get a chance to file a lawsuit.
Why You Should Consult a Lawyer Before Filing a Personal Injury Claim
Bringing a personal injury claim against the government is a complex process. Most personal injury lawyers offer free consultations and work on contingency, meaning you won’t owe attorney fees unless compensation is recovered in your case. Having an experienced attorney handling lawsuits against government entities evaluate your case is a win-win. Even if they determine that you don’t have a viable claim, at least you won’t have to expend time and energy filing a claim only to have it be denied. If a personal injury attorney advises you to proceed with your claim, you’ll have someone by your side to guide you through the process, acting as your advocate.
Contact a Mobile Personal Injury Lawyer
Our team at Moore Law Firm in Mobile, Alabama, understands that filing a personal injury claim against the government can be daunting. Our personal injury attorneys have more than 35 years of experience handling claims against local, state, and federal governmental agencies. We care about our clients and fight aggressively to help you recover the maximum compensation you need and deserve. Call us at 251-445-7602, use the convenient chat feature on our website, or contact us online to schedule a consultation.
Do I Need A Lawyer After A Car Accident?
Being involved in a car accident can leave you shaken and unsure of the next steps to take. If you or a loved one has been injured, an experienced car accident lawyer can help you understand your rights and options for recovering compensation, giving you peace of mind. Like most personal injury lawyers, the car accident attorneys at Moore Law Firm offer a free initial consultation, enabling clients to have their case evaluated without paying any fees.
When To Contact A Car Accident Attorney
Although most minor crashes don’t require the assistance of a car accident attorney, there are cases in which it’s vital to have legal representation to ensure your rights are protected. You should definitely contact a lawyer as soon as possible if:
- Someone else’s negligence causes a motor vehicle accident
- An accident causes injury to you or someone you love
- An accident leads to the wrongful death of a loved one
- You are unable to work because of your injuries
- Fault is not clearly established after a crash
- You were injured as a pedestrian, bicyclist, or motorcyclist
- You’re involved in a crash with a tractor-trailer or other commercial truck
- A collision occurred in a construction or school zone
- You disagree with what is stated in the police report
- A crash involves an uninsured or underinsured driver
- An accident involves a driver who was under the influence
- The other driver’s insurance company disputes your claim, even though their insured was at fault
- Your own auto insurance company denies your claim
The sooner you contact a car accident lawyer, the better. In Alabama, you have two years from the date of injury to file a claim. Valuable evidence may be lost or compromised if you don’t act fast. Even if you believe your injuries aren’t severe, symptoms of certain conditions may not show up for days or weeks. Going to the emergency room or seeing a medical provider shortly after your accident can provide documentation that may be valuable if you proceed with a personal injury claim.
Benefits of Hiring An Auto Accident Lawyer
Hiring an attorney can help take some of the weight off your shoulders during the healing process. Your car accident attorney acts as your advocate, which means you have someone in your corner who will fight against unscrupulous insurance companies and work to recover maximum compensation for your damages. Insurance companies are not concerned with your health or ability to earn a living — their main goal is to pay as little on claims as possible.
If you’ve been involved in an accident, do not give a statement to an insurance adjuster, sign anything, or accept a settlement without speaking to a lawyer first. A car accident attorney knows how to accurately value your claim and handle all negotiations with insurers.
An Attorney Can Help You Recover A Bigger Settlement
Although it can be tempting to go it alone, injured victims who have an attorney representing their interests recover significantly larger settlements than those who negotiate on their own behalf. Skilled car accident attorneys are well-versed in the law and understand how to prove fault in personal injury cases. They also have extensive experience investigating car accidents. Their teams often employ the help of professionals, such as accident reconstructionists, medical experts, and private investigators, to prove fault and hold all responsible parties accountable.
Depending on your specific circumstances, lawyers may be able to help you recover compensation for:
- Past and future medical expenses
- Past and future loss of income
- Pain and suffering
- Emotional distress
- Loss of companionship and consortium
- Wrongful death
- Other applicable damages
Another benefit of hiring a car accident attorney is that they take cases on a contingency basis. This means you won’t incur any up-front costs or owe attorney fees unless they recover compensation for you. Fighting for injured victims is about more than money for most personal injury lawyers — they truly care about their clients and are dedicated to helping them receive the justice and compensation they deserve.
Contact A Car Accident Lawyer Today
Over the past 35 years, the Attorneys at Moore Law Firm has represented more than 12,000 personal injury victims. If you’ve been hurt or have lost a loved one due to someone else’s negligence, our car accident lawyers fight for your rights and won’t back down until we obtain the maximum recovery you need to protect your health and financial future. To schedule a free consultation, call us at 251-445-7602, use the convenient chat feature on our website, or contact us online.
Should I Accept A Settlement Offer After A Car Accident?
The aftermath of a car accident can leave you overwhelmed and wondering how you will pay your medical bills and support your family. At Moore Law Firm, car accident lawyers have helped thousands of personal injury clients recover the full compensation they deserve for their injuries and losses. We are familiar with tactics that insurance companies often use to offer as little as possible to injured victims. These tips can help you protect your rights and understand the importance of seeking the counsel of an experienced attorney before accepting any settlement offer after a car accident.
Should I Accept The First Settlement Offer After A Car Accident?
No. Accepting an insurance company’s first offer is usually a losing proposition. After a car accident, an insurance adjuster will most likely call you before you even know the extent of your injuries and the impact they may have on your life. Although it can be tempting to accept an offer right away, especially when you feel like you are in dire financial straits, the amount an insurer offers is most likely not enough to cover damages such as medical bills, lost income, and pain and suffering.
If an adjuster tries to pressure you into taking the first settlement they offer, politely decline. It is vital to choose your words carefully when speaking with them. Do not admit fault or sign anything they send to you. You do not have to provide them with any additional information except your full name, address, and telephone number.
Signing a settlement agreement typically releases the insurance company from liability, so you will not have any further recourse to recover compensation. This goes for your own insurance company as well. An experienced car accident attorney can assess your case, determine what it is worth, advise you of the best course of action, and handle all subsequent negotiations on your behalf.
What Happens If I Don’t Accept A Settlement Offer After A Car Accident?
Rejecting a settlement offer does not mean that your case will automatically go to trial. In most personal injury cases reaching a reasonable settlement usually takes several rounds of negotiations. However, if an insurer decides not to offer a settlement at all, you may have to take your case to court. These are just a few reasons why seeking the advice of an attorney is essential if you have been injured in a car accident. It is also important to remember in Alabama you have two (2) years from the date of the accident to file suit against the at-fault party.
How Should I Respond To A Low Settlement Offer After A Car Accident?
If an insurance company offers you a low settlement, it is usually best to respond with a counteroffer. Your car accident attorney can draft an offer that details why you deserve a certain amount of compensation. Having a lawyer draft this letter is critical to ensure you include all relevant information and ask for the full and fair amount of compensation you deserve for your damages.
How Long Does It Take To Settle A Car Accident Lawsuit?
It depends. Car accident claims can take just a few months to settle, while more complex cases can take years. Although the vast majority of personal injury claims are settled out of court if a reasonable settlement cannot be reached your attorney may advise you to continue pursuing compensation through litigation. If you are filing a claim with your own insurance provider, settling it may only take a month or two.
Each case is unique. Your car accident lawyer can help you understand the process so you can get an idea of what is involved and how long your case may take. Read our FAQ about car accidents to get answers to common questions. It is important to keep in mind that the statute of limitations for filing a personal injury claim in Alabama is typically two years, so it is imperative to act fast following an accident. Collecting evidence and investigating the circumstances surrounding an accident as soon as possible also increases your chances of recovering maximum compensation.
Contact A Mobile, AL Car Accident Lawyer
At Moore Law Firm, we know that deciding whether to accept a settlement offer after a car accident can be daunting. Our team is dedicated to helping injured victims rebuild their lives and making things right for their families. We are there for you every step of the way– our car accident attorneys act as your staunch advocates and fight aggressively to help you recover the maximum compensation you need and deserve. Call us at 251-445-7602, use the convenient chat feature on our website, or contact us online to schedule a consultation.
Personal Injury Law 101 — What You Need To Know
At Moore Law Firm, our attorneys have helped more than 12,000 clients seek compensation for their damages in all types of personal injury cases. We believe that the more our clients know about the law, the more empowered they feel to make well-informed decisions. Knowing what to expect if you’re considering filing a personal injury claim can help you better understand the process and potential outcomes that may result.
What Is Personal Injury Law?
Also known as tort law, personal injury law enables someone who has been harmed or injured to sue a negligent party or entity for damages in civil court. Financial settlements or awards in tort cases are intended to make the injured person “whole” after they have suffered an injury due to someone else’s negligence or intentional act.
The Elements Of Personal Injury Law
These four elements are typically applied to prove negligence in most personal injury cases, including:
- Duty of Care — In tort law, a duty of care is a legal obligation to practice a standard of reasonable care to avoid causing harm to others. For example, motorists are legally obligated to follow the rules of the road to keep themselves and others safe. In this situation, a motorist owes a duty of care to others.
- Breach of Duty — A person or entity that causes harm owes the person who was injured a duty of care, even if they breached that duty. For instance, if a dog owner knows their animal is prone to attacking people or other animals and lets it walk around unleashed or unsupervised, they have breached their duty of care.
- Causation— To prove causation, you must show that the negligent party’s breach of duty caused harm or losses to the person who was hurt, which can be challenging to do on your own. A lawyer who is experienced in personal injury law understands how to use evidence and the details surrounding the incident to prove causation.
- Damages— The final element that needs to be proven is damages, which means that the injured victim must demonstrate that they sustained loss of compensation or were harmed because of a breach of duty of care.
Common Types Of Personal Injury Cases
Accidents — When someone behaves negligently or carelessly and causes harm to another person, they may be liable for any injuries or damages that are generated. The most common personal injury cases involve motor vehicle crashes and premises liability, which includes slip and fall injuries, dog bites, and other scenarios in which someone is hurt on another person’s property.
Product liability — Designers, manufacturers, and sellers have a legal obligation to ensure their products are safe for reasonable use. They must provide adequate instructions for a product’s usage, and prominent warnings about its potential dangers must be apparent as well. Product liability can apply to a countless number of products, from faulty auto parts to medications with side effects that can cause harm.
Intentional acts — When someone causes deliberate harm to another, the injured person may bring a personal injury lawsuit against them. A common example of this is assault and battery.
Alabama Personal Injury Law
Alabama tort law is complex, and not necessarily victim-friendly, so having a personal injury attorney to represent your interests and protect your rights is crucial. For an adult, there’s a two-year statute of limitations for bringing a personal injury action, so it’s essential to act fast following an injury.
In Alabama, pure contributory negligence is applied in personal injury cases, which means if an injured person is determined to be even 1% at fault, they potentially cannot recover any damages regardless of how negligent a party’s conduct may be. However, there are some exceptions such as wanton on reckless conduct which is why it is important to reach out to an experienced personal injury attorney.
In addition, Alabama only awards punitive damages to the estate of victims of wrongful death, and only the severity of the defendant’s conduct is taken into account, not the value of the life of the person who died.
There are other limitations and nuances in Alabama personal injury law. If you’re unfamiliar with tort law, trying to represent yourself is usually a losing battle. A seasoned personal injury attorney can help you understand the law, how it’s applied, and what’s involved in building and proving a solid claim.
What’s The Process For Personal Injury Claims?
Although no two cases are the same, most personal injury claims follow similar paths. A person injured or harmed can usually bring a charge against a negligent party’s insurance company. Your lawyer knows how to accurately determine the value of your claim, depending on the extent of your injuries and losses. They’ll aggressively fight against the tactics insurance companies often use to discredit or devalue claims to ensure you recover the full and fair compensation to which you’re entitled.
Your personal injury lawyer will work to prove your case and handle all settlement negotiations. Most personal injury suits are settled out of court. However, if a reasonable agreement can’t be reached, you may file a personal injury lawsuit in civil court. Mediation is sometimes required before a trial begins. If it’s not effective, evidence and arguments are presented in court, and a judge or jury will reach a verdict.
There’s no set timeline in personal injury cases. Sometimes they’re straightforward and only take a few months to settle, while more contentious or complex cases take multiple appeals and years to resolve. Regardless of how long it takes, making things right for injured victims is well worth the time and energy.
Contact An Attorney To Learn More About Personal Injury Law
If you’ve been hurt or have lost a loved one due to someone else’s negligence, our Mobile personal injury lawyers can help. Call Moore Law Firm at 251-445-7602, or contact us online to schedule a consultation.
How To Talk To Your Loved One If You See Signs Of Nursing Home Abuse
Trusting others to take good care of an aging or disabled loved one can be daunting. At Moore Law Firm, we’re well acquainted with nursing home abuse signs and how this mistreatment affects victims and their families. Our personal injury attorneys handle all types of nursing home abuse claims, and we’re committed to holding abusers, nursing homes, and personal care facilities accountable for their actions. While it may be challenging to broach the subject, if you notice signs, it’s important to speak to your loved one about nursing home abuse or neglect.
Identifying Nursing Home Abuse Signs
Nursing home abuse takes a heavy toll on the most vulnerable members of our society — the elderly and disabled. Abuse may involve physical, sexual, and emotional violence, neglect, and financial misuse. Sometimes abuse can be so subtle that it can be hard to identify, but there are many signs you can look for to protect your loved one.
Some of the most common nursing home abuse signs are behavioral changes, such as depression, lack of interest in things your loved one used to enjoy, or becoming withdrawn and disinterested in engaging visitors. These changes in behavior can occur over time, so it’s vital to be observant of your loved one’s behavior and emotional state.
Physical signs of nursing home abuse or neglect can take the form of bruises, cuts, scars, broken bones, bedsores, poor personal hygiene, weight loss, and dehydration. Accidents do happen, but if you suspect that someone is being abused or neglected, opening a dialogue about what may be happening could save their life.
Talking To Your Loved One About Nursing Home Abuse
Being reluctant to talk about or claiming not to remember how an injury occurred is common in people who are abused. Your loved one may be embarrassed or afraid to talk about it or may think that they won’t be believed. Nevertheless, it’s important to be straightforward and ask your loved one if they need help.
Ask Questions
A few simple questions that can help get the conversation started include:
- Is anything wrong?
- Do you need help with anything that’s happening at your nursing home?
- I see that you have an injury, bedsores, etc. Can you tell me what happened?
- I’ve noticed that you seem depressed or withdrawn. Could you tell me why?
If your loved one is reticent about sharing information with you, explain that abuse isn’t their fault and you’re there to help.
Listen
It’s important to listen without interrupting or making judgments. Practice compassion and show empathy, but don’t react with strong emotions, such as pity or anger, even if you feel them. Let your loved one know that you’re there for them and you believe them.
Offer Encouragement
Abuse victims often blame themselves. Provide your loved one with information and resources, so they understand that they’re not alone. Make it a point to tell them that nursing home abuse and neglect can happen to anyone, and it can be stopped if it’s reported.
What To Do If Your Loved One Has Been Abused
If you recognize signs of nursing home abuse or neglect, speak with your loved one’s caregivers, physicians, nurses, and their supervisors. You may also report any abuse or neglect to local law enforcement and the Alabama Department of Senior Services. In addition to taking these steps, it’s a good idea to contact a personal injury attorney who is well versed in elder law and can advise you on what to do to protect your loved one’s rights and help them find justice.
Contact An Attorney If You Notice Nursing Home Abuse Signs
If you suspect that a loved one’s injuries or death was caused by nursing home abuse, our compassionate personal injury lawyers at Moore Law Firm can help you hold responsible parties accountable and recover maximum compensation for the damage that has been done. Call 251-445-7602 or contact us online to schedule a consultation.
Steps To Take After A Wrongful Death
Struggling with the grief of losing a loved one is challenging. It can be even more difficult when they were killed due to someone else’s negligence. Many families don’t even realize that they may have a wrongful death case in which their loved one’s estate may be able to seek damages for their losses. Our personal injury attorneys at Moore Law Firm are well-versed in complex Alabama wrongful death law. We advise clients on the most effective course of action to take after losing someone they love in an accident or incident that caused a wrongful death.
Learn The Basics About Alabama Wrongful Death Law
In Alabama, wrongful death occurs due to the “wrongful act, omission, or negligence” of another. For Alabama law to apply in a wrongful death claim, the deceased person must have passed away within the state of Alabama. Although a wrongful death case can be brought in the civil court in Alabama, the claim must be filed by the deceased person’s estate, not individual family members.
Unlike most other states, only punitive damages may be awarded in Alabama wrongful death cases. Other states typically award monetary compensation for damages, such as medical bills, pain and suffering, and emotional distress. Punitive damages are not intended to compensate victims for their losses. They’re designed to punish the negligent party and deter similar behavior. In wrongful death cases in Alabama, the focus isn’t on the victims’ losses but rather on the severity of the wrongdoing that caused the death.
Contact An Alabama Wrongful Death Attorney
If you believe you may have a valid wrongful death case, it’s important to act fast — a claim must be brought within two years of the date of the victim’s death. Seeking the counsel of a skilled personal injury attorney who has experience in handling wrongful death claims in Alabama is critical to ensure the proper steps are taken promptly.
Open The Estate And File A Wrongful Death Claim
Because the personal representative of a victim’s estate is the only one who can bring a wrongful death claim against a negligent party, the estate must be opened before a wrongful death suit can be filed. The process for opening an estate must be initiated in the Alabama probate court, which will appoint a personal representative for the estate if one has not already been named in a deceased person’s will. When you’re grieving, dealing with the probate process can be daunting. Having an experienced attorney help you open the estate in the probate court and file a wrongful death claim in the civil court can help you avoid common mistakes that can slow the process.
Prove Your Wrongful Death Claim
In addition to dealing with complex legal processes, negligence must be proven in a wrongful death claim. If the personal representative of your loved one’s estate is not familiar with Alabama law, this can be virtually impossible to do on your own. Three general elements are involved when proving negligence in a wrongful death claim:
Duty of care — In a wrongful death claim, you must show that the negligent party owed the deceased person a duty of care. For example, motorists have a duty of care to drive safely at all times.
Breach of duty of care — Next, you must indicate that the defendant breached that duty of care due to negligence, misconduct, or intent to harm.
Causation — Finally, you must demonstrate a connection between the defendant’s breach of duty and the death. For example, if a motorist who was driving recklessly is involved in an accident that causes a person’s death, but for their actions, that person would not have died.
A seasoned Alabama personal injury attorney can build and prove a solid wrongful death case and work to obtain the maximum amount of punitive damages available in your specific case. It’s also important to keep in mind that any settlement will be distributed to beneficiaries separate from the estate and according to Alabama inheritance laws, and even if your loved one had a will. This means that long-term partners or family friends cannot receive wrongful death damages in Alabama.
Contact An Attorney For Help With Your Wrongful Death Case
If you believe a loved one’s death was caused by someone else’s negligence, our personal injury lawyers at Moore Law Firm can evaluate your wrongful death case and advise you on how to proceed. We offer a free initial consultation and legal advice and services you can trust. Contact us online or call 251-445-7602 today.
Five Reasons You Should Hire An In-Town Attorney
There are quite a few factors to consider when choosing an attorney. Hiring an attorney can be daunting, especially if it’s the first time you’ve ever considered seeking legal representation. Our team at Moore Law Firm has served the Mobile community for more than 35 years. We understand the value of being available and meeting with our clients face-to-face. That’s why we recommend hiring local attorney, particularly if you’re pursuing a personal injury claim. These are just a few reasons why hiring a local attorney to represent your interests is critical.
#1. Relationships Built On Trust Are Important
Trust is one of the most important elements of the attorney-client relationship. Forming a positive working relationship with your attorneys and their team is vital. There’s nothing like meeting in person, shaking hands, and sitting down to talk about the facts of your case. Seeing someone’s demeanor and style in person just can’t compare to videoconferencing or talking on the phone. It’s a lot easier to be honest and share details with someone you know that’s looking out for your best interest. Having an in-town attorney handle your case allows you to build a rapport that can lead to a deeper understanding of your specific situation and a positive outcome for your case.
#2. Local Connections
Many lawyers work and interact with the same people for decades in various state, county, and local courts. Well-established relationships with judges, law clerks, prosecutors, law enforcement, and other professionals can help expedite your claim and make the process run more smoothly. In-town attorneys typically have solid relationships with other lawyers, local physicians, scene reconstructions, and additional experts as well. Not only that, if you opt to hire a local personal injury attorney, you can ask family, friends, coworkers, and neighbors to recommend a firm that has gotten positive results for them in the past.
#3. Knowledge Of Local And State Law
Laws, statutes, and court processes vary by jurisdiction. Hiring an attorney who’s well-versed in local, state, and federal law is essential to ensure all your legal bases are covered. A lawyer who isn’t licensed to practice law in your state is unlikely to be familiar with the nuances of state and local laws that are relevant to your claim. An in-town personal injury attorney should know state and local statutes of limitations, compensation standards, and filing requirements and deadlines that apply to your claim.
#4. Cost
Most personal injury attorneys work on a contingency basis. This means that they don’t collect attorney fees unless they recover compensation for you. Hiring an attorney who doesn’t typically work in your area can lead to lots of additional expenses that you might not incur when seeking the counsel of someone who’s local. An in-town attorney and members of their team won’t have to travel far to investigate the facts of your claim or file motions with the local court, which eliminates travel costs, such as mileage, airfare, hotel accommodations and other expenses. The more expenses your lawyers incur, the less money you’ll receive when you recover a personal injury settlement or award. In addition, attorney fees may be a lot higher for those who practice in other states or large metro areas.
#5. Convenience
Regardless of the type of case, being able to walk or drive to your attorney’s office is convenient, which can help cut down on stress. When you need to appear in court, knowing your attorney is right around the corner can be reassuring. The personalized attention you receive from an in-town attorney and their team can help make the process easier and take some of the weight off your shoulders. If you have a question or concern, they may be able to meet with you in a matter of minutes. At Moore Law Firm, we give all of our clients our personal cell phone numbers.
Contact An In-Town Attorney At Moore Law Firm
Choosing a local attorney that’s right for you doesn’t have to be overwhelming. At Moore Law Firm, we’re dedicated to helping injured victims and their families in the Mobile community recover the maximum compensation they deserve. We’ll gladly answer any questions you may have and give you a straightforward assessment of your case. To schedule a free consultation with a Mobile personal injury attorney, call us at 251-445-7602 or contact us online today.
When You’re Injured As A Passenger In A Car Crash
If you’ve suffered an injury as a passenger in a car accident, it can be confusing to figure out how to recover compensation for your medical bills, lost wages, and other damages. There are several options that may be available to you when filing an insurance claim. Our personal injury attorneys at Moore Law Firm understand that being injured in an accident is often a harrowing experience. Having an understanding of the law and knowing what to do after a car accident can help you recover the compensation you need and deserve.
Passenger Injury Law In Alabama
Due to the Alabama Guest Statute, recovering compensation as a passenger injured in a car accident can be challenging. Unless a driver is found to have willfully or recklessly operated a motor vehicle, the Alabama Guest Statute typically forbids a nonpaying “guest” from bringing a claim against the driver after an accident. Willful or reckless misconduct may involve distracted driving, speeding, driving while under the influence of alcohol or drugs, and other unsafe driving practices.
This statute doesn’t apply if you’re a paying passenger in a vehicle, such as a taxicab, Uber, or Lyft. The distinction between a guest and a passenger is important in these cases, and a variety of factors may affect the official classification of someone who was injured while riding in a motor vehicle. If it can be proven that a driver was acting recklessly at the time of the accident that caused your injuries, you may be able to recover compensation from their auto insurance company. That’s why it’s critical to contact a skilled car accident attorney who’s well-versed in the law and has experience investigating and proving these types of cases.
Recovering Compensation As A Passenger Who’s Been Injured
If the driver of another car was at fault for the accident, you should be able to seek compensation from their insurance company. Depending on the circumstances, if you have your own auto insurance, you may be able to recover compensation for your medical bills and other damages from your own policy. Your health insurance may also cover some costs of medical treatment.
How A Car Accident Lawyer Can Help
As you can see, cases involving passenger injuries are complex. Recovering compensation for damages, including loss of income, pain and suffering, and emotional distress, can be virtually impossible without a seasoned attorney in your corner. If you’ve suffered catastrophic injuries, such as amputation, traumatic brain injury, or paralysis, you may require expensive, lifelong medical treatment. Regardless of the extent of your injuries, it’s vital to explore every option to get the care you need. An experienced car accident lawyer assesses your specific situation and determines the most effective approach to recover maximum compensation for your injuries.
What To Do After A Car Accident
After any car accident, getting the medical care you need should be your first priority. However, if you’re able, taking the following steps can help protect your rights and back up your personal injury claim.
- Call 911 immediately and check to see if anyone needs assistance.
- Gather contact and insurance information from all drivers who were involved.
- Collect contact information from witnesses.
- Take photos of the scene and your injuries. Write down what you can remember about the accident while it’s fresh in your mind.
- Get a copy of the police report, if possible.
- Call a personal injury attorney.
Make sure to seek medical treatment as soon as possible and save all the bills you receive, even if you believe your injuries are minor. Symptoms of more serious injury may not appear until days or weeks later. Don’t give a statement, accept a settlement offer, or sign anything from an insurance company until you’ve spoken with a car accident attorney. Although an offer may seem generous, it’s important to remember that insurance companies don’t have your best interests at heart. Personal injury lawyers are familiar with tactics insurers often use to deny or minimize personal injury claims. They’ll fight to protect your rights and work to recover the maximum compensation to which you’re entitled.
Contact An Auto Accident Attorney
If you’ve been injured as a passenger in a car crash, you don’t have to go it alone. Call Moore Law Firm today at 251-445-7602 or contact us online to schedule a free consultation with a Mobile car accident lawyer.
Motorcycle Safety Tips
Riding a motorcycle is much different than driving a car.
Our motorcycle accident attorneys at Moore Law Firm have represented many clients who sustained catastrophic injuries in motorcycle accidents. It’s vital to understand your responsibilities under Alabama motorcycle safety law. These tips can help you become a better rider and stay safe on the road.
Wear A Helmet Every Time You Go For A Drive
Wearing a helmet is the most effective way to protect yourself against catastrophic head and brain injuries. Not only that, both operators and passengers are required to wear helmets under Alabama motorcycle safety law. A face shield or protective eyewear add an extra layer of protection you’ll appreciate if you do get into an accident.
Wear Proper Safety Gear
In addition to wearing a helmet with a face shield, protective gear is critical to protect the rest of your body. Leather jackets, gloves, and boots that are specifically designed for motorcyclists can help minimize your chances of getting road rash or other injuries
in the event of an accident. Buying reflective gear or putting reflective tape on your clothing will make you more visible to other drivers as well.
Follow The Rules Of The Road
Following all traffic and motorcycle safety laws in Alabama can keep you and others safer when you’re on the road. Speeding is definitely out of the question; the faster you ride, the longer it takes you to stop, which can be deadly if you encounter traffic that’s at a standstill. Although a maximum of two motorcycles may share a lane side by side, you can forget about lane splitting — in Alabama, it’s illegal under motorcycle safety law.
Ride Defensively And Make Yourself Visible
Many motorists don’t even notice motorcycles when they’re driving, especially when a rider is making a left turn. Always be aware of your surroundings. Ride with your headlights on at all times and use turn signals well in advance of making lane changes or any turn. Avoid riding in drivers’ blind spots and keep an eye out for turning vehicles.
Keep Your Skills Sharp With Riding Courses
Although Alabama is one of a few states that don’t require a separate license or test for motorcyclists, completing a motorcycle safety class can help you learn how to perform evasive emergency maneuvers that could save your life. It also helps you hone your riding skills. Taking an approved safety course from time to time is a great refresher, and it’s always good to learn something new. You may even get a discount from your insurance company if you take motorcycle safety classes.
Don’t Drink And Ride
Avoid drugs and alcohol when you ride. According to the NHTSA, in 2016, 26% of motorcyclists killed in motorcycle accidents had a blood alcohol concentration (BAC) of 0.08% or higher. Being impaired affects your alertness and reduces reaction time, coordination, judgment, and balance. In addition to avoiding drugs and alcohol, make sure you’re well-rested when you get on your bike. Fatigue can also negatively affect your reaction time and riding skills.
Do A Bike Check Before You Get On The Road
Ensuring your motorcycle is fit for the road is just as essential as following Alabama motorcycle safety law. You never know when you may have a blown tire, mechanical malfunction, or burned-out headlight. Make sure to check the following:
- Tires — Look for holes, bulges, and cracks in your tires, and always check the pressure before riding.
- Lights — Check your turn signals, headlight, and taillight. These are critical for staying visible to other drivers.
- Oil and Coolant — Check oil and coolant levels at least once a week and be on the lookout for any leaks
- Brakes — Test both the front and rear brakes before you hit the road.
- Horn — Your horn is another way to make motorists aware of your presence. Don’t ride without a working horn.
- Mirrors — Alabama motorcycle safety law requires that motorcycles be equipped with at least one mirror. Adjust and clean your mirrors for better viewing while riding.
Contact A Motorcycle Accident Lawyer
Unfortunately, even if you follow all of the safety tips above, it is still possible to be involved in a motorcycle accident through no fault of your own. If you’ve been injured in a motorcycle crash, our experienced legal team can help you understand your rights under Alabama motorcycle safety law. At Moore Law Firm, our motorcycle accident attorneys fight for your rights and help you recover the compensation you deserve. Call us today at 251-445-7602 or contact us online to schedule a free consultation
5 Things Auto Insurance Companies Don’t Want You To Know
When you’ve been hurt in an auto accident, handling a personal injury claim without an attorney often results in recovering little or no compensation. An insurance company’s top priority is to do everything it can to minimize your settlement or deny your claim altogether. To protect the company’s bottom line, an insurance adjuster uses a variety of tactics and keeps important auto insurance facts from you. Our personal injury attorneys at Moore Law Firm in Mobile, Alabama, understand the games insurance companies play, and they tell you what auto insurance companies don’t want you to know.
- 1. The Insurance Company Isn’t Your Friend
After an accident, the insurance company representing the other driver calls you about your claim. They want you to believe they’re your friend and are only trying to help you through a trying time, but they’re not on your side. A claims adjuster’s job is to protect the company from paying you any more than they have to by disputing or even denying your claim. You shouldn’t answer any questions the adjuster asks or sign anything until you’ve spoken to a personal injury attorney.
- 2. They Use Delaying Tactics
Insurance companies aren’t obligated to treat you fairly, and their priority is to try to get out of paying claims or limiting the amount they pay. A common tactic is to delay handling your claim. The purpose is to increase your worry overpaying your bills and make you more open to accepting whatever amount they offer.
Another ulterior motive of delaying payment on your claim is to run out the clock on your right to file a lawsuit. In Alabama, unless you’re a minor or you’ve been declared incompetent, you only have two years from the day of your car accident to file a personal injury claim. Once this statute of limitations expires, you lose your right to seek compensation through the courts.
- 3. Settlements Are Often Lowballed
Underpaying legitimate claims saves insurance companies billions of dollars. They know car accident victims are under a lot of stress as they worry about mounting medical bills and how they’re going to repair their car. They prey on this vulnerability to try to get you to settle quickly, minimizing the settlement amount. Insurance companies almost always offer a lowball settlement first, and these offers are frequently accepted because the claimant doesn’t have all the auto insurance facts. In Alabama, you can recover economic and noneconomic damages, including medical expenses, pain and suffering, and lost wages, so don’t settle for less than you deserve.
- 4. You Don’t Have To Accept A Settlement
Many companies use a “Take It or Leave It” tactic to make you believe that their first settlement offer is the only offer you’re going to get, and if you don’t take it, you’re going to be left with nothing. This isn’t true. If the offer won’t even cover your current medical and car repair bills, turn it down. If you accept a settlement before the extent of injuries or bills are known, you may receive a much shorter amount than what you really need. Once you accept a settlement, you can’t get a second settlement to cover any leftover or new costs.
- 5. You Can Hire An Attorney Immediately
Insurance companies discourage you from hiring an attorney by trying to convince you that you don’t need one and that you’ll get way less money because of the attorney’s fee. They may also say you must wait to hire an attorney until they’ve had an opportunity to settle the claim first. You don’t have to wait to hire an attorney and should hire one immediately after your accident.
A personal injury attorney knows how to negotiate with insurance companies to get you a higher settlement than you would on your own. An attorney negotiates for the highest possible settlement, and even after they collect their fee, your settlement is still higher than what you would have received.
Get The Auto Insurance Facts
For more than 35 years, Moore Law Firm has helped clients who have suffered personal injuries in Mobile and throughout Alabama. Our personal injury attorneys provide individualized, straightforward legal representation and fight to help you recover the maximum compensation you deserve. We work on a contingency basis, so there’s no fee until we successfully win your settlement. If you’ve been injured in a car accident, contact us at 251-445-7602 for a free, no-obligation case evaluation today.
Preexisting Conditions In Car Accident Cases
When you’re already suffering from an injury or have a preexisting medical condition, being involved in a car accident can have a serious impact on your health. At Moore Law Firm, our personal injury attorneys help you understand how a preexisting condition may affect your car accident claim and work with you to recover maximum compensation for your damages.
Common Preexisting Conditions That Can Be Worsened By Car Accidents
A car accident can exacerbate or aggravate preexisting conditions such as:
- Herniated disc
- Degenerative disc disease
- Other back problems
- Previous fractures, sprains, and strains
- Knee and shoulder injuries
- Hernia
- Arthritis
- Fibromyalgia
- Brain injuries
- Anxiety, PTSD, and depression
Recovering Compensation With A Preexisting Condition
Even though car accidents often aggravate or worsen preexisting conditions, some injured victims believe it’s not worth pursuing compensation because they assume their claim will be denied due to their condition. However, just because you were already injured or ill, it doesn’t mean the party who caused the accident isn’t liable for making it worse. If an accident aggravates or accelerates a preexisting condition, you may be entitled to compensation. Hiring a personal injury attorney who is experienced in handling these types of cases is vital because you must show that the new injuries you sustained in your accident made your existing condition worse, which can be a daunting task.
Dealing With Insurance Companies & Preexisting Car Accident Claims
The at-fault driver’s insurance company may not be responsible for any treatment you would have undergone for your preexisting condition if the accident hadn’t occurred, but they may be liable for the cost of the treatment you may need if the accident caused your condition to worsen. For example, if you were already taking pain medication for a back injury and the accident made it worse, you may be able to recover damages for the cost of physical therapy that could help it improve but not for the pain medicine you were already taking.
Although insurance companies try their hardest to minimize or avoid paying settlements, having a knowledgeable personal injury lawyer in your corner can make all the difference. It is extremely important to be completely honest with your attorney about your medical history to recover compensation. Insurance companies often use preexisting medical problems as an excuse to deny claims. They will go over your medical history with a fine-tooth comb to find any possible evidence suggesting the accident did not affect your preexisting condition or injury. Your attorney will review your medical history with you at the beginning of your case. Even if you think there may be something that could complicate your claim, make sure to disclose it to your attorney. Failing to disclose a preexisting condition can harm your credibility, can sabotage your claim, and may even expose you to legal action if the defense finds out you deliberately omitted medical information.
How A Personal Injury Lawyer Can Create A Solid Claim
There are several ways in which a skilled personal injury lawyer can demonstrate that your injuries were caused or exacerbated by a car accident. They may invoke the “eggshell plaintiff rule,” which means that the defendant must “take the plaintiff as they find him.” In other words, a negligent party cannot shirk their responsibility for causing injuries just because a person was frail, weak, or especially susceptible to injury.
Your attorney will also meticulously review your medical records and consult with your health care providers. If your preexisting condition has little or nothing to do with your current injury, your attorney may argue that evidence of your preexisting condition is irrelevant to your claim. For example, if you previously had a broken leg, but the current injury you sustained in a car accident caused back and neck problems, your attorney could argue that it is completely unrelated and should not be allowed into evidence. Seasoned personal injury attorneys understand how to use medical evidence to their advantage to build solid cases in preexisting car accident injury claims. They use their experience and resources to develop effective legal strategies that can help you recover the compensation you deserve.
Contact A Personal Injury Attorney
If you or a loved one has been injured in a car accident, our personal injury lawyers can assess your case and advise you on the best course of action to recover compensation. Call Moore Law Firm at 251-445-7602 or contact us online to schedule a consultation.
Using An Auto Accident Attorney To Recover Lost Wages
A broken leg, whiplash, back pain, a concussion — being in a car accident can have devastating consequences, not the least of which is the financial burden that results from lost wages as you miss out on time at work. When a crash threatens to derail your future, accident attorneys like those at Moore Law Firm can help you recover the money you deserve.
What Are Lost Wages?
If you’ve been in an accident and received injuries that caused you to miss work, any subsequent reduction in pay can be categorized as lost wages. This term applies whether you’ve been in the hospital, had to call out due to pain or disability or had to skip a shift, come in late or leave early to make a doctor’s appointment or receive treatment. Depending on your situation, you may be able to pursue lost hourly pay or salary as well as any related employment benefits such as commission or bonuses.
Gathering Proof
Before you can pursue a lost wages claim, you’ll need to put together documentation that proves your case, including proof of your injuries. Whether you’re making a claim against the at-fault driver’s insurance company or asking your own insurance carrier for compensation, you’ll likely be contacted by an agent requesting your medical records. Sign and return the authorization form, but read it carefully first — you may want to consult a personal injury attorney before proceeding to ensure your rights are protected.
You’ll also need written proof from your employer outlining your employment, confirming the dates and times you missed work and detailing any compensation you lost out on as a result. Include full as well as partial days off and any time off covered by vacation time or sick days. If you’re self-employed, you’re still entitled to lost wages, but you may have to provide tax returns or verify your income via other methods.
Important Tips From An Experienced Auto Accident Attorney
Use the following tips to build a strong case and strengthen your position:
- Be honest with your doctor. Don’t downplay your pain or try to “tough it out.” Being open and clear about any discomfort, new issues and ongoing concerns is the best way to make sure you can heal quickly and present an accurate case to the opposition.
- Keep all your paperwork. Make copies of anything you read, sign or submit, and keep those copies in your files. Even your prescription receipts may prove useful down the road.
- Don’t hesitate to contact an experienced attorney. Sometimes the best offense is a dedicated advocate who knows the letter of the law and isn’t afraid to fight for what’s right.
Contact Us
If you’ve been in an accident and need help recovering your lost wages, our team at Moore Law Firm is here to get you the money you’re owed. To schedule your free consultation, contact us online or call our office at 251-445-7602.
How Road Rage Affects A Personal Injury Case
Road rage and aggressive driving are serious problems that put people on the road in jeopardy every day. At Moore Law Firm, our auto accident attorneys have handled hundreds of motor vehicle injury cases involving road rage. We help you understand your rights under Alabama traffic law and help you recover maximum compensation for damages such as medical bills, lost wages and pain and suffering.
Definition Of Road Rage
There is a clear distinction between road rage and aggressive driving. Drivers who engage in road rage often face criminal charges associated with reckless driving and other offenses, while aggressive driving is usually considered a traffic violation.
The National Highway Traffic Safety Administration (NHTSA) defines road rage as when a driver “commits moving traffic offenses so as to endanger other persons or property; an assault with a motor vehicle or other dangerous weapon by the operator or passenger of one motor vehicle on the operator or passengers of another motor vehicle.”.
Signs Of Road Rage
Drivers engaging in road rage often start by tailgating, cutting other vehicles off, weaving in and out of traffic, flashing their headlights or honking their horn and speeding. If you see someone exhibiting these driving behaviors, do not engage them — it’s best to avoid them as much as you possibly can.
Some examples of road rage include:
- Running other drivers off the road
- Hitting other vehicles
- Getting out of a vehicle to engage in a physical confrontation
- Inciting passengers to fight another motorist
- Threatening someone with or using a weapon to inflict harm
What To Do After A Road Rage Accident
If you are the victim of an accident caused by a driver with road rage, do not get out of the car. Lock your doors, stay calm and call the police. If the situation is too dangerous to stay at the scene, call 911 and drive to the nearest police station. If the driver who caused the accident leaves the scene, try to get their license plate number, note the make, model and color of their car and file a police report.
Road Rage And Personal Injury Claims
The State of Alabama takes road rage very seriously. Drivers who engage in road rage can face criminal charges. The financial, physical and emotional cost of engaging in road rage isn’t worth it. Auto insurance policies exclude intentional acts, so a motorist’s insurance may not cover damages when a person engaging in road rage causes injury or property damage.
That’s why it’s vital to contact an auto accident attorney who can help you file a personal injury lawsuit to ensure you receive compensation for your damages. In addition to compensatory damages like medical expenses and lost income, you may be entitled to punitive damages in a road rage case due to the negligent party’s egregious behavior. An attorney will know how to collect relevant evidence and build a solid case to prove that the negligent party’s acts were intentional.
Contact An Auto Accident Attorney
If you’ve been injured or have lost a loved one in a road rage accident, call Moore Law Firm at 251-445-7602251-445-7602 or contact us online to schedule a consultation.
Do You Have Cause To File A Wrongful Death Lawsuit After An Auto Accident?
Although advances in technology have made driving safer than ever, thousands of people perish due to the negligence and recklessness of other drivers on the road each year. If you’ve lost a loved one in a motor vehicle accident, our attorneys at Moore Law Firm can help you navigate the complexities of Alabama law and determine whether you are entitled to recover damages in a wrongful death lawsuit.
Elements Of A Wrongful Death Claim
When pursuing a wrongful death claim, the plaintiff must prove that someone else’s negligence caused the accident that resulted in the person’s death. For example, drivers must follow all traffic laws and drive responsibly because they owe a duty of care to other people on the road. In a wrongful death claim, the plaintiff must show how the negligent driver’s breach of duty of care led to the victim’s death.
Common causes of car accidents that can lead to serious injuries and death include:
- Distracted driving
- Driving while intoxicated or under the influence
- Reckless driving
- Truck driver fatigue
- Car manufacturing defects
Alabama’s Wrongful Death Statute
There are specific requirements that must be met when filing a wrongful death claim in Alabama. There is a two-year statute of limitations, and unlike many other states, a wrongful death lawsuit cannot be brought by just any immediate family member in Alabama — it can only be initiated by the personal representative of the deceased’s estate. In addition, a wrongful death claim cannot be filed in Alabama if the person died in another state. If your loved one was killed in a motor vehicle accident outside Alabama borders, a wrongful death claim must be filed in that state.
In most states, plaintiffs can pursue compensatory damages if they have lost a loved one due to someone else’s negligence. In Alabama, only punitive damages are awarded in wrongful death cases. Punitive damages are not intended to compensate plaintiffs — they are designed to punish those who have acted negligently and to deter others from committing similar acts.
Because plaintiffs are only allowed to pursue punitive damages in wrongful death lawsuits, evidence of the deceased’s pain and suffering is generally inadmissible in an Alabama wrongful death lawsuit. However, if a personal injury lawsuit was filed while the victim was still alive, evidence of their pain and suffering may be admissible in a wrongful death case, which can add a significant amount to any punitive damages that may be awarded. These complex details and elements of wrongful death claims are challenging to navigate, so it’s vital to seek the counsel of a knowledgeable personal injury attorney who can advise you on the best course of action to recover compensation for the loss of your loved one.
Contact Us
If you’ve suffered the loss of a loved one and you are wondering whether you’re entitled to file a wrongful death lawsuit, call Moore Law Firm at 251-445-7602 or contact us online to schedule a consultation.
Third Party Liability In Drunk Driving Accident Claims
At Moore Law Firm, our auto accident attorneys have seen the devastating impact injuries sustained in a crash with a drunk driver can have on victims and their families. Although state laws are designed to hold intoxicated drivers accountable, like many other states, Alabama also has dram shop laws, which allow injured parties to seek compensation from a third party such as a business or individual who provided alcohol to someone who was clearly intoxicated.
Recovering Damages From A Third Party
Most auto accident cases involve two parties — the injured person and the negligent party who caused injury to that person. However, if a bar, nightclub or restaurant provided alcohol or drugs to a person who was visibly intoxicated, they may be liable for any harm that was caused under a concept known as vendor liability. Individuals who provide alcohol or drugs at a private party or event may be subject to social host liability. If you’ve been hurt in a drunk driving accident, you may be entitled to recover compensatory and punitive damages from a third party, but proving fault in a dram shop case is often challenging.
The law doesn’t apply to every situation where someone serves alcohol to a driver who ends up injuring someone. Typically, dram shop laws do not permit an intoxicated person who is injured to seek compensation from the vendor or host who provided the alcohol or drugs. To recover damages, the victim must prove that the driver was served alcohol despite the fact that they exhibited signs of intoxication. An experienced auto accident attorney will understand how to properly investigate the facts of your case and create an effective litigation strategy to demonstrate fault in a DUI dram shop case.
Types Of Damages
Under Alabama law, you are entitled to seek actual and exemplary damages in a dram shop claim. Actual damages compensate injured victims for measurable losses such as medical expenses, lost income and damaged property.
Also known as punitive damages, exemplary damages are not designed to compensate an injured party for their injuries and losses. The purpose of exemplary damages is to punish the defendant for their carelessness or egregious actions and deter others from committing the same type of act.
Statute Of Limitations In Personal Injury Cases
Alabama sets a deadline of two years from the date of the accident for filing a personal injury claim. If you fail to take action within this designated time frame, the court most likely will not consider your claim. Seeking counsel from a personal injury attorney right away is vital to ensure that a drunk driver is held accountable for your damages. Your attorney will also determine whether a dram shop or social host liability claim is worth pursuing.
Contact An Auto Accident Attorney
If you’ve been injured or have lost a loved one in a drunk driving accident, our personal injury attorneys at Moore Law Firm can help. Our skilled and compassionate legal team is committed to fighting for your rights and helping you recover the maximum compensation you deserve. Contact us online or call 251-445-7602 to schedule a consultation.
5 Motorcycle Safety Tips From An Accident Attorney
There’s nothing like the feeling of hitting the open road on a beautiful day. Exercising caution and staying safe while riding your motorcycle can help prevent accidents and save lives. These five simple safety tips from our motorcycle accident attorney at Moore Law Firm can help keep you safe and sound when you’re out cruising the streets.
- 1. Don’t buy more bike than you can handle.When shopping for a motorcycle, choose one that fits you, both figuratively and literally. You should easily be able to rest both feet flat on the ground when seated, and handlebars and controls should be within close reach. If a bike feels too heavy, it probably is.
- 2. Take a riding course.A motorcycle safety riding class will teach you techniques such as how to perform evasive emergency maneuvers. Many insurance companies offer a discount if you take an approved safety course, and in some states you may be allowed to skip the test part of the licensing process.
- 3. Wear the proper gear.Even if it’s not required by law in your state, making sure you and your passengers wear a helmet when riding can save your life. Serious head injury is one of the most common causes of traumatic brain injuries and fatalities in motorcycle accidents. According to the National Highway Transportation Association (NHTSA), helmets are about 37 percent effective in preventing motorcycle deaths and about 67 percent effective in preventing brain injuries. High-visibility protective gloves, jackets and boots provide protection from serious injury should you fall or become involved in an accident. Wearing this type of gear will also help you stand out to other drivers.
- 4. Stay alert and practice caution.Hazards such as oil, sand or wet leaves can cause a bike to slide unexpectedly. Ruts, potholes and other defects in the road can pose a serious danger when on a bike, so keep an eye out for these things at all times. Don’t tailgate — keeping a safe following distance is vital to make sure there’s plenty of stopping distance and time for you to react to other vehicles and obstacles in the road. Avoid the dangerous practice of lane splitting — most drivers do not expect a motorcycle to drive between them at any time, let alone in slowed or stopped traffic.
- 5. Don’t drink and ride.Motorcyclists more likely to die in an alcohol-impaired crash than those driving other types of vehicles. In 2016, 26 percent of motorcyclists who sustained fatal injuries had a blood alcohol concentration (BAC) of 0.08 percent or above. In single-vehicle crashes, the rate of fatal injury was 37 percent, according to the NHTSA. For your safety and the safety of others on the road, avoid alcohol when riding your motorcycle.
If You’ve Been Injured, Contact A Motorcycle Accident Attorney
Although these motorcycle safety tips can help you avoid injury, accidents do happen. If you or a loved one has been hurt in a motorcycle crash, our accident lawyer can help. Call Moore Law Firm at 251-445-7602 or contact us online to schedule a consultation.
What To Do When You’re Injured In A Slip And Fall Accident In A Public Place
Pubic slip and fall accidents often happen when a property owner, business, governmental agency, university or public school fails to properly repair or maintain their property. At Moore Law Firm, our slip and fall accident lawyers have recovered compensation for hundreds of clients who have been injured on public property.
Slip And Fall Accidents And Premises Liability
Slip and fall accident claims are usually based on a legal concept known as premises liability. Regardless of whether it’s a private business or public entity, property owners must exercise reasonable care to make sure that their premises are safe from dangerous conditions. If a person is injured due to the owner’s failure to prevent or repair a dangerous condition, they may be liable for any injuries that occur.
Steps To Take After A Public Slip And Fall Accident
After any accident, it’s important to seek medical attention as soon as you can, even if your injuries seem minor. Many symptoms may not show up until days or weeks later, and documenting your injuries with a health care professional can provide valuable evidence should you decide to file a personal injury claim. If you’ve been seriously injured, call 911 so you can receive the care you need right away.
Report your accident to the person in charge of the property where you fell, and ask to file a formal report. Some businesses and most governmental agencies have policies and notification procedures to follow and forms to complete that will document your accident and injuries. Obtain and keep a copy of the report. If law enforcement responded to your accident, get a copy of the police report as well.
Gather evidence and information. Jot down notes surrounding everything you can remember about the incident. Take photos or videos of the area and your injuries. If there were any witnesses, get their contact information and statements.
Do not speak to the property owner’s insurance company. Whether it’s a private business or a public entity, do not give a statement to or sign anything from their insurance company without speaking to experienced slip and fall accident lawyers first. Insurance companies often try to offer minimal settlement amounts in personal injury claims or may even deny your claim altogether.
Contact A Slip And Fall Accident Attorney
In a slip and fall claim, you must prove that the property owner’s negligence caused your injuries. These types of cases can be multifaceted, especially when a government entity is involved. That’s why it’s essential to seek the counsel of knowledgeable slip and fall accident attorneys who understand the complexity of proving negligence and are experienced in filing personal injury claims against governmental agencies.
It’s important to keep in mind that Alabama has a two-year statute of limitations on claims against private individuals, and businesses, local, state and federal government agencies have strict procedures and deadlines for making personal injury claims, which may limit the amount of damages you’re entitled to receive. Our slip and fall accident lawyers will ensure that your claim is filed in an accurate and timely manner and help you understand the ins and outs of the laws surrounding government negligence.
At Moore Law Firm, our slip and fall accident lawyers can help you recover maximum compensation for your medical expenses, lost income, pain and suffering and other damages. Call 251-445-7602 or contact us online to schedule a consultation.
7 Truck Driving Safety Tips From An Accident Attorney
Many truck drivers love what they do. Seeing the country while cruising the open road sounds like a blast, doesn’t it? Trucking is one of the most important — and dangerous — jobs in the United States, and driving a big rig means that your life and the lives of others are in your hands every time you get behind the wheel. These seven truck driving safety tips from our big truck accident attorney at Moore Law Firm can help keep you safe, happy and healthy on the road.
Safety Tips For Truck Drivers
- 1. Keep A Close Eye On Blind Spots
Truck accidents are most likely to occur when other motorists are driving in your blind spots. These areas are typically off to the side right in front of the cab, immediately behind your side mirrors and directly behind your truck. Motorists in other vehicles are often unaware of these blind spots and may drive dangerously close to them. Always exercise extreme caution and look twice to avoid accidents when changing lanes or turning.
- 2. Obey The Speed Limit
Specific speed limits for trucks are posted for a reason. Following the speed limit, especially in work zones and hilly or mountainous areas, can prevent thousands of accidents and fatalities each year.
- 3. Take It Slow On Curves And Ramps
There are times when driving way below the posted speed limit is crucial. A large truck can easily tip over if you take curves too fast. Slow down on exit ramps to ensure that you have plenty of stopping distance to avoid hitting whatever may be in front of you.
- 4. Slow Down In Bad Weather
Inclement weather is responsible for almost one-fourth of all speeding-related truck driving accidents. If you’re driving in the rain, reducing your speed by a third can save lives. In snow and ice, reducing your speed by half can keep you and others much safer on the road. It’s also important to allow more time for maneuvering in bad weather. Signal well in advance before changing lanes or turning. If the weather makes it unsafe to drive, pull over in a safe place.
- 5. Load Cargo Properly
Always follow Federal Motor Carrier Safety Administration (FMCSA) regulations when loading and securing cargo. Remember that the higher you stack your freight, the more drag on the truck. If you can, stack cargo lower and spread the freight evenly through the full space of the truck for improved handling and your fuel economy.
- 6. Keep Up On Proper Maintenance And Repair
Give your truck a thorough once-over every time you get on the road. Check fluid levels and ensure that your brakes, horn, lights and mirrors are in good working order before you begin your journey. If anything seems awry, have it checked before attempting to drive.
- 7. Take Good Care Of Yourself
Getting plenty of sleep, eating a healthy diet, exercising and relaxing during your down time will help you feel more refreshed and at ease, which makes for safer driving habits when you’re behind the wheel.
If You’ve Been Injured, Contact A Truck Accident Attorney
While these truck driving safety tips from our accident attorney can help keep you safe, serious accidents and injuries still happen. If you or a loved one has been hurt in a truck accident, call Moore Law Firm at 251-445-7602 or contact us online to schedule a consultation.
Dangers of Distracted Driving
At Moore Law Firm, our motor vehicle accident attorney has seen the devastating consequences of injuries caused by distracted drivers. Sometimes distractions are unavoidable, but there are many things you can do to keep your focus on driving and keep yourself and others safe.
What Is Distracted Driving?
When a driver engages in a secondary activity that interferes with the primary task of driving a vehicle, it is considered distracted driving. There are three categories in which driver distraction typically falls:
- Visual — averting your eyes from the road
- Physical — removing your hands from the steering wheel
- Cognitive — taking your attention away from the actual task of driving
Secondary task distraction takes a driver’s attention away from driving. This type of distraction includes using a smartphone, putting on makeup, eating, smoking or dealing with pets or children in the vehicle.
Driving-related inattention occurs when you look down at the speedometer, check mirrors, or glance behind or away before changing lanes or parking.
Non-specific driver inattention happens when a motorist looks away from the roadway but at no specific object, person or activity.
Drowsiness can also be considered a distraction, as it involves closing your eyes, yawning and even falling asleep at the wheel.
Distracted Driving Leads To Thousands Of Injuries And Deaths Each Year
According to the NHTSA, distracted driving claimed 3,450 lives in 2016 alone. Failing to keep your attention on the road can lead to accidents such as head-on collisions, sideswipes and rear-end collisions that can cause serious injury and death.
There are countless ways in which drivers may be distracted by things inside or outside of their vehicle, but smartphones, GPS and other electronic devices have caused many people to become more even more distracted when they’re on the road. Some top causes of distracted driving and motor vehicle accidents include:
- Talking on the phone
- Texting or checking social media
- Using GPS devices
- Using the radio, CD and DVD players
- Daydreaming
- Talking with other passengers in the car
- Operating vehicle controls such as windshield wipers, lights, heat and air conditioning
- Eating or drinking
- Smoking
- Gawking at car accidents, billboards or other objects
How To Avoid Distracted Driving
Putting in the effort to pay attention while driving makes the roads safer for everyone. These tips can help keep your focus on the important job of operating your vehicle:
- Put your phone away. If you do need to answer a call or text, pull off the road and stop at a safe place.
- Learn how to use your car’s features such as windshield wipers, heat and CD player/radio without taking your eyes off the road.
- Enter an address or location in GPS before you get on the road. Make sure audio turn-by-turn directions are on and easy to hear.
- Keep conversation calm, cool and collected while driving.
- Don’t let your pets or children distract you while driving — if you need to deal with someone or something, pull over.
- Don’t eat or drink while driving.
- Make sure you get plenty of sleep before driving. If you’re drowsy on the road, find a safe place to rest.
If you’ve been injured or have lost a loved one in an accident with a distracted driver, our motor vehicle accident attorney can help. Call Moore Law Firm at 251-445-7602 or contact us online to schedule a consultation.
Pursuing A Claim Against A Negligent Motorcyclist
Although the majority of motorcyclists are safe, conscientious riders, some riders cause serious accidents when attempting dangerous practices such as lane splitting, weaving in and out of traffic and traveling at excessive speeds. Our motorcycle accident attorney at Moore Law Firm has over 30 years of experience handling all types of motor vehicle accident cases and can help you recover maximum compensation for your damages if you’ve been injured in an accident with a negligent motorcyclist.
Liability In Motorcycle Accidents
Liability in all different types of motor vehicle accidents falls under the legal concept of negligence. A person is considered negligent when their careless behavior causes injury to another person. All drivers on the road, including motorcyclists, have a duty of care to avoid injuring other motorists, passengers, pedestrians or cyclists. If a motorcyclist does not exercise good judgment, fails to be reasonably careful or rides in a reckless manner and injures someone as a result, they can be liable for any injury or death caused by the accident.
Lane Splitting
Motorcycle lane splitting is a dangerous practice that puts the lives of the motorcyclist and others at risk. Lane splitting occurs when a motorcyclist rides between two lanes of slow or stopped traffic. Because of the close proximity of other vehicles and reduced space for the motorcycle to maneuver, lane splitting is a common cause of motorcycle accidents. Drivers in the vehicles surrounding the motorcycle typically don’t anticipate that any vehicle will be passing them in slow-moving or stopped traffic, which creates a recipe for disaster.
When a motor vehicle accident occurs while a motorcyclist is lane splitting, the actions of both the driver of the car and motorcyclist prior to the accident are taken into consideration. If lane splitting is illegal in the state where the accident occurred, the motorcyclist will most likely be considered at fault for the accident. Seeking the counsel of a motorcycle accident attorney who understands the complexities of how to demonstrate fault in types of cases is vital to ensure that all your legal bases are covered and your rights are protected.
Speeding And Alcohol Use
Many accidents involving motorcycles are caused by speeding or alcohol use and are much more likely to result in death or serious injury. Following any accident, it is vital to call 911 and collect all the evidence you can at the scene. Photos, notes, witness statements and police reports are invaluable tools that can help your attorney get an accurate account of what happened when the accident occurred and provide a solid factual foundation upon which negligent motorcyclist accident claims can be proven.
If you’ve been injured or have lost a loved one in a collision with a motorcycle, our motorcycle accident attorneys can help. Call Moore Law Firm at 251-445-7602 or contact us online to schedule a consultation.
What Happens if You Don’t Immediately Pursue Workers’ Compensation
If you’re injured on the job, workers’ compensation can provide you with the wage replacement and medical care coverage you need to help you get back on your feet. But what happens when you don’t report the injury or immediately file for workers’ compensation in the state of Alabama?
Not Reporting Your Injury
According to the Alabama Department of Labor, the law requires that you report the claim to your employer within 5 days of the injury occurring. In some cases, you can wait longer, but if you fail to give notice within 90 days following the accident, you risk losing your right to workers’ compensation benefits. Plus, if you don’t report the injury and continue working, you could cause more damage to your body in the meantime, and make the workers’ compensation process more complicated. It’s important to notify your employer immediately after the injury occurs so you can seek the proper medical treatment and receive accurate compensation.
Losing Your Benefits
If your job-related injury goes unreported, you could miss out on the workers’ compensation benefits you would have receive had you filed the claim immediately following your injury. Depending on your injury and your employer, workers’ compensation can help cover a variety of your medical expenses, including hospital stays, rehabilitation sessions and the mileage costs to and from your medical appointments. You can even receive weekly injury compensation benefits depending on your average weekly earnings on the job, so you can earn a wage even while you’re recovering out of work. If you wait to report your injury and are late applying for workers’ compensation, you could forfeit the many benefits you would receive had you filed the claim immediately.
Contact Moore Law Firm
The best course of action you can take following a work-related injury is to call our office in Mobile, Alabama. Our workers compensation lawyers can help you receive the proper medical treatment and benefits you deserve. Call us for a free consultation at (251) 445-7602 today.
Manufacturing, Design And Marketing: Breaking Down Product Liability Defects
From improperly manufactured tires to prescription medicines with damaging side effects, defective products cause numerous injuries and deaths each year. There are different types of product liability claims, and our personal injury lawyers at Moore Law Firm can help you understand your rights and develop effective legal strategies to ensure you receive maximum compensation for your damages.
Manufacturing Defects
A manufacturing defect occurs when something happens during the manufacturing process that makes a product unsafe even when it’s used properly. Types of manufacturing defects may include:
- Contaminated food or beverages
- Using the wrong types of fasteners on mechanical parts
- Installing incorrect or outdated components that may cause electrical shock
- Improperly cut molded plastic products that contain sharp edges
- Other types of manufacturing errors
Design Defects
A claim based on defective design contends that the product is inherently dangerous in its design alone, rather than an error made during the manufacturing of the product. Design defect claims are often complicated. For example, if a defect in the design of a medical device causes injury, the plaintiff must prove that the injury was specifically due to the design, not a manufacturing defect or human error. This is just one reason why it’s vital to seek the counsel of a personal injury attorney who knows the ins and outs of product liability claims.
Marketing And Labeling Defects
Any and all risks associated with a product must be clearly listed on a warning label or in the instructions for the use of a product. If manufacturers fail to include adequate warnings for a product, they may be liable for any illness, injury or death sustained from use or exposure to the product.
Prescription medications must also include sufficient warnings about potential risks and side effects — if these risks were not disclosed by the pharmaceutical company and you become sick or injured, you may be able to pursue compensation for your injuries. Adequate warning labels are particularly important for potentially hazardous items such as cleaning products that contain toxic chemicals and toys that pose choking hazards to children and should be clearly marked as such.
A marketing or labeling defect can happen if the product instructions are vague or contain mistakes, warnings are unclear about the risks the product presents, the consumer is unable to read the warning, or the manufacturer fails to include a warning label at all.
If you’ve been injured or have lost a loved one due to a defective product, we can help you understand the nuances of how product liability law works and determine the best course of action to take. Contact Moore Law Firm in Mobile, AL, to schedule a consultation today.