Call Today For a Free Consultation: 251-433-6699

Month: January 2025

Can You Sue for Medical Malpractice in Mobile, AL? 

by

When you place your trust in a medical provider, you may expect them to do everything in their power to help you heal. However, not every medical professional upholds the same standard of care. If a nurse, doctor, pharmacist, or other healthcare provider acted negligently and caused your injury or the injury or death of a loved one, they may have committed medical malpractice. 

Can you sue for medical malpractice? Sometimes, yes, but you’ll need to understand the grounds for this type of case and work with an experienced medical malpractice attorney in Mobile.

What Is the Legal Definition of Malpractice? 

Alabama recognizes medical malpractice as a healthcare provider’s failure to meet the standard of care, which leads to injury to the patient. Medical malpractice can involve action or inaction. Perhaps a medical professional made a mistake during a medical procedure or failed to take the appropriate actions to address or prevent injury.

Any of the following providers may face medical malpractice claims: 

  • Nurses
  • Doctors
  • Healthcare facilities
  • Anesthesiologists
  • Pharmacists

Understanding the Grounds for a Medical Malpractice Lawsuit 

Can you sue for medical malpractice? Maybe yes, but your case will need to meet a few criteria to qualify as malpractice. 

Medical malpractice is a type of personal injury claim. In general, personal injury cases must meet the following criteria:

  • The provider owed you a duty of care. 
  • The provider breached their duty of care. 
  • An incident occurred due to the breach. 
  • You suffered damages in the incident. 

Determining Fault in a Malpractice Case

While you may be able to name the medical provider whose mistake caused you harm, this does not mean that person is liable for your damages. A medical malpractice attorney can help you pinpoint the legally liable party, which may be the party you will sue in a malpractice case. 

Any of the following parties may be liable: 

  • The medical facility: Healthcare organizations may assume vicarious liability for malpractice incidents. You may need to sue the hospital or doctor’s office for compensation rather than filing a claim directly against the provider. 
  • A pharmacist: Medication errors may trace back to the pharmacist who dispensed the medication rather than the provider who administered it to you. In some cases, all parties who handled the medication may be partially liable. 
  • A medical equipment manufacturer: If the malpractice involved faulty medical equipment or devices, the manufacturer may be liable. 

Multiple parties may be partially liable for your malpractice incident. Work with an experienced attorney who can track down all liable parties and help you determine the next steps. 

How To Seek Compensation for Medical Malpractice  

Can you sue for medical malpractice? You may be able to, but the first step might be to file an insurance claim. If you can secure adequate compensation through a claim, you may not need to go through a lawsuit. 

Medical providers may carry liability insurance for times like this. While coverage limits can vary, they may exceed $1 million. Your attorney can help you submit a claim through the liable party’s insurance company and provide evidence of all documented damages. 

Through a lawsuit, you may be able to pursue economic and non-economic damages. Economic damages may include:

  • Medical bills
  • Time off work
  • Future medical expenses
  • Loss of future earning capacity

Meanwhile, non-economic expenses may encompass:

  • Pain and suffering
  • Mental anguish

You may even have the right to punitive damages, which punish especially reckless behavior. 

We May Be Able To Help You Sue for Medical Malpractice 

At Jackson & Foster Law, our medical malpractice attorneys can help you pursue legal action and seek compensation. Let us gather evidence to establish negligence and prove causation, then submit a claim or lawsuit to pursue damages. 

Contact us today at 251-433-6699 for legal assistance, then learn about choosing a personal injury lawyer.

Understanding Your Rights After a Car Insurance Claim Denial 

by

You invest in car insurance for the financial protection it provides in a car accident. But what happens when an insurer denies a claim? Can you appeal the denial or seek compensation in a different way? 

Below, learn what to do when a car insurance company denies a claim. Then, reach out to an experienced insurance attorney in Alabama for personalized legal assistance. 

Reasons an Insurer Might Deny a Car Insurance Claim

When you submit an insurance claim, the insurance adjuster may review the accident details closely to determine whether the policy covers the listed damages. Insurers may deny claims that do not meet policy language. 

These are a few reasons an insurer might deny a car insurance claim: 

  • Lack of evidence: The adjuster may not believe that your injuries resulted from the accident or may not believe your claim that the policyholder caused the accident. You may need to provide additional evidence to prove these points. 
  • Missed claim deadline: While insurance companies may not have strict deadlines for filing a claim depending on the policy’s language, they may want you to file promptly or within a reasonable time. Waiting too long to file could lead to a claim denial. 
  • Policy exclusions: Perhaps the insurance policy does not cover the type of accident you were involved in or specific injuries you suffered. 
  • Policy has lapsed: The policyholder may have failed to renew their insurance policy before it expired. 

What To Do After a Car Insurance Claim Denial

Unsure of your next steps after a car insurance claim was denied? Here are some thoughts on possible next steps: 

  1. Review the denial letter to understand denial reasons: Insurers may send a denial letter spelling out why they rejected your claim. The letter may include the exact reasons for the claim denial. 
  2. Consult the insurance adjuster: Reach out to the insurance adjuster directly to discuss the claim denial. They may have additional context beyond what the denial letter states. 
  3. Check policy details: Request a copy of the insurance policy to confirm that the reasons for the denial are consistent with the policy’s language. You might have an attorney review the policy with you. 
  4. Gather supporting evidence: Now that you understand the reasons for the denial, you can work on countering those reasons with new evidence where applicable. You may need to supplement the claim with additional medical documentation, photos of the accident damage, or other proof that the claim meets the policy terms. 

An experienced car accident attorney can walk you through this process and may improve your chances of successfully appealing the denial. 

Each case should be reviewed on the facts of that particular case. The steps you take may depend on whether you are dealing with your insurance company or another party’s insurance company. 

Let Jackson & Foster Law Guide Your Next Steps 

You have several options for what to do when a car insurance company denies your claim, and knowing where to begin can be overwhelming. Our attorneys at Jackson & Foster Law have extensive experience navigating car accidents and insurance companies for clients like you. We offer affordable representation and seek the maximum compensation while keeping costs low as possible. 

We can help you understand the claim denial, appeal it, and take legal action. Contact us today at 251-433-6699 to schedule a consultation with our Mobile, AL, personal injury attorneys.