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Month: March 2025

What To Do If Your Personal Injury Claim Is Denied

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After a personal injury claim is denied, you might feel uncertain about your next steps. At Jackson & Foster Law, we may be able to assist those who find themselves in this situation. Connect with us when you need a personal injury lawyer in Mobile, AL, to see if we can help you review your options. 

Determine Why the Claim Was Denied

An insurance claim denial may occur for several reasons. The insurance provider could cite the following issues as the reason for the denial:

  • Insufficient evidence
  • Fault disputes
  • Delayed medical treatment
  • Policy coverage exclusions

If you receive a denial letter from the insurer, review it carefully to identify the reason behind their decision. Uncovering the primary issue with your initial claim can help you understand the process. 

Collect More Evidence Supporting Your Claim

After having a personal injury claim denied, victims of a car accident, slip-and-fall, or other negligent incident may assume that they can’t dispute the decision. It’s possible to contest an insurance company’s denial, though claimants may need to gather more evidence in an effort to recover compensation. 

If you mention the same evidence as your original claim in your appeal, the insurance provider might not reverse their decision. You may need to collect relevant new information for review. In addition to your previously submitted documents, you may need to try to gather new information related to your injury, such as:

  • Medical records
  • Police reports
  • Witness statements
  • Professional testimony

Documents like police reports and witness statements may help establish fault after an accident. If you provide the insurer with tracked economic damages, such as injury-related medical bills, it can determine the case’s potential worth. 

Consider Taking Legal Action With a Personal Injury Lawsuit

After having a personal injury claim denied, you may choose to seek legal counsel. A personal injury attorney can review the nature of the accident and the scope of your case and assist you with contesting the insurance company’s decision. 

Professionals working in this area of law may help those who suffer an injury due to someone else’s negligence, including instances like:

  • Car accidents
  • Truck or commercial vehicle collisions
  • Slip-and-fall incidents on poorly maintained property
  • Dog bites
  • Workplace accidents

You may want to review the details of your case with a lawyer and let them guide you through the process. 

Filing a suit against the defendant may lead the insurance company involved to consider a settlement, depending on the circumstances. A personal injury attorney can present relevant evidence and negotiate with the defendant’s or insurer’s counsel in pursuit of a settlement. 

What Types of Compensation Could You Recover in a Personal Injury Case?

Personal injury lawsuits differ for each victim’s unique situation, which impacts the type of damages their lawyers aim to recover. If you’re seeking financial compensation after an accident, you may want to evaluate your case’s details with a knowledgeable attorney. They can calculate economic and non-economic damages to negotiate a reasonable settlement sum. 

When you have a personal injury claim denied by an insurance provider, they could refuse to pay any damages in the form of a settlement. Taking legal action is an alternative way to seek compensation, including:

  • Medical expenses: You could face rising medical costs after an accident. Suing the negligent party could provide an opportunity to reimburse you for your treatment costs. 
  • Property damage: When personal property becomes damaged in an accident, victims can argue for compensation to repair or replace it. Property damage costs may extend to dented vehicles due to a collision. 
  • Lost wages: An injury may leave you with a diminished earning capacity. If you’re losing income due to your injury, an attorney can determine if you should seek compensation through a lawsuit. 
  • Emotional distress damages: After having a personal injury claim denied, consult a lawyer about seeking emotional distress damages for your experiences resulting from the accident. This is compensation for a change in someone’s mental well-being related to an accident caused by someone else’s negligence. 
  • Punitive damages: In cases involving egregious behavior from the at-fault party, the plaintiff could receive punitive damages. An example of this might be additional payments from a drunk driver who injures another motorist or pedestrian. 

Consult a Personal Injury Attorney From Jackson & Foster Law 

If your personal injury claim is denied, you may want to hire a personal injury lawyer and file a lawsuit. At Jackson & Foster Law, we can help claimants explore their legal options. Do you have the grounds to file a personal injury suit?

Call (251) 433-6699 or submit our online form to request a free case evaluation.

How To Know If You Have a Medical Malpractice Case

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How can you tell if you should consult a medical malpractice attorney in Mobile like Jackson & Foster Law? Taking legal action against healthcare providers has its challenges, particularly if your claim doesn’t meet basic legal standards. This guide offers some insight into how to know if you have a medical malpractice case. 

Common Reasons Why People File Medical Malpractice Lawsuits

Healthcare professionals may make mistakes on occasion, which can have a major impact on their patients. Negligent medical treatment is at the center of medical malpractice lawsuits for affected patients seeking financial damages, such as lost wages or medical expenses. Common issues these cases may focus on include:

  • Misdiagnosis or delayed diagnosis
  • Surgical errors
  • Infections after treatment
  • Inadequate monitoring 

If you or a loved one has been subject to malpractice, you may have the grounds to pursue legal action. Consult an experienced personal injury lawyer to explore your options. 

Key Elements Lawyers May Look for in a Medical Malpractice Case

When you explain your situation to a legal professional, they may focus on four essential components to determine whether you have the grounds to sue your healthcare provider. Each case should be evaluated on its own facts, but here are a few things lawyers may look for during the evaluation:

  1. A duty of care: As a patient, the providers treating you have a duty of care. 
  2. A breach of standard of care: A doctor or healthcare provider could breach their duty of care if they act differently than other similarly situated medical providers would in the same situation. For example, if a doctor misses a diagnosis because they don’t order the appropriate tests and those in the field agree they should have, it could qualify as a breach of duty. 
  3. Negligence caused the patient harm: Lawyers look for causation in malpractice cases. Victims may need to establish that a provider’s negligence harmed them either physically or emotionally. 
  4. Sustained damages: Victims must incur damages from a healthcare professional’s negligent actions, such as medical expenses or lost wages. 

How do these criteria come together to create a valid case? For example, consider a patient who visits their primary care physician with concerns about a growing lump on their body. The doctor tells the patient it’s likely fatty tissue and doesn’t order diagnostic tests or schedule follow-up visits to monitor any changes. If the lump ends up being a cancerous mass requiring extensive treatment, the patient may be able to file a lawsuit against their primary care physician. 

In this case, the doctor may have owed their patient a duty of care and may have breached it by not following the diagnostic steps that a competent provider in a similar situation might have taken. This negligence impacts the patient’s health, and they may sustain measurable damages by undergoing further medical treatment. 

The Importance of Patient Injury Evidence in Medical Malpractice Cases

An attorney practicing in this area of law may be able to explain how to know if you have a medical malpractice case. They may also review evidence that supports your claim and compile it to strengthen your case. Potential evidence used in malpractice suits includes:

  • Medical records: Patient records may document their health conditions, symptoms, and treatment from healthcare providers. They may include lab tests, diagnostic scans, and more.
  • Professional testimony: Industry professionals can weigh in on the case and share whether they’d act in the same way as the defendant or take a different approach to their duty of care. 
  • Witness statements: Statements from clinical staff, a patient’s loved ones, or other eyewitnesses could support the patient’s claim. 
  • Medical bills: Hospital bills and other healthcare expenses related to a provider’s negligence may be helpful for determining damages in this type of lawsuit. 

Evidence is crucial for building a compelling case and demonstrating the extent of damages. 

When Should You Consider Filing a Lawsuit Against a Healthcare Provider?

If you’re wondering how to know if you have a medical malpractice case, it’s important to discuss your situation with an experienced lawyer practicing in this area of law. Legal counsel can review your options and guide you through the process. Below are some scenarios that raise legal concerns regarding malpractice. 

You Experience Complications After Treatment

Healthcare professionals usually warn patients of the risks that may occur with any course of treatment. If you endure a serious complication that was not expected, it could be due to a practitioner’s mistake. 

Your Doctor Never Follows Up

As part of your doctor’s duty of care, they may need to follow up with you accordingly. What if you let them know that you’re experiencing new symptoms, and they don’t continue to monitor your condition? This could be seen as a breach of the standard of care and warrant legal action. 

The Facility Is Understaffed

Negligent medical treatment could stem from an understaffed hospital or healthcare facility. If there aren’t enough providers to care for patients, they may unintentionally be negligent in their care. 

Consult Jackson & Foster Law for Legal Advice Regarding Malpractice Lawsuits

Suing for medical malpractice can be complex. At Jackson & Foster Law, we may be able to help you navigate the process and review the details of your case to explore your legal options. Our experienced attorneys may be able to explain how to know if you have a medical malpractice case and recommend your next steps based on your unique circumstances. 

Contact our firm online or call (251) 433-6699 to schedule a consultation. 

Can You Sue a Nursing Home for Abuse? 

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If you have a loved one in a nursing home who is experiencing negligent or abusive care, it can be frightening and frustrating to find a legal path forward and leave you wondering: “Can you sue a nursing home for abuse?” If you are looking for a nursing home abuse lawyer in Alabama, Jackson & Foster Law might be able to help. 

Our attorneys can support you with things such as filing negligence claims or a lawsuit for wrongful death. Let an experienced attorney make this stressful time slightly easier to manage.

What Is Nursing Home Negligence? 

Nursing home negligence and elderly abuse may fall under the category of medical malpractice. Both terms may describe situations where a nursing home fails to provide adequate care for a resident, resulting in injury or harm. 

Nursing homes in Alabama must uphold certain legal requirements; failure to do so could result in them being liable for negligence.  

There are a few types of neglect that may qualify for a lawsuit. Those wondering, “Can you sue a nursing home for abuse?” may want to consider the following: 

  • Personal hygiene neglect: Personal hygiene neglect may occur when staff fail to provide adequate care or supervision for basic hygiene tasks such as bathing, grooming, or using the bathroom safely. This may include failure to change diapers or inadequate self-care supplies. 
  • Emotional and social neglect: If staff refuse to interact with patients, interfere with visitations, or fail to respond appropriately, their actions (or lack thereof) may constitute emotional and social neglect. These situations may lead to anxiety, depression, and undue stress that worsens elders’ health and well-being. 
  • Basic needs and medical neglect: Failure to provide food, water, and adequate shelter may be basic needs neglect. Medical neglect may be a failure to distribute medications safely and as medically required. These dangerous forms of neglect may cause significant injury, illness, and wrongful death. 
  • Elder abandonment: This may occur when an elderly person is left unattended for an extended period, which may lead to injuries and/or emotional distress. These situations may result from understaffing, particularly at shift changes and overnight.  

More severe violations of care responsibilities may constitute abuse. Some instances of physical, sexual, verbal, or emotional abuse may be considered abuse.

You may want to consult a legal professional if you or a loved one are experiencing elder abuse or neglect in a nursing home. An attorney may be able to walk you through your claims options and represent you as needed. 

What Are Your Legal Compensation Options in an Elder Abuse Lawsuit? 

When answering “Can you sue a nursing home for abuse?” it is important to look at the specific ways an attorney may be able to help you obtain compensation for elderly neglect. This compensation may come from a medical malpractice or wrongful death lawsuit. 

What Evidence Is Useful in an Elder Abuse or Neglect Lawsuit? 

Evidence may come from medical records, personal accounts of the abuse or neglect, or from other sources of evidence. 

Consult Jackson & Foster Law 

Every potential situation should be evaluated on the facts of that particular case. 

Jackson & Foster Law may be able to provide legal counsel to those who are pursuing elder neglect and abuse lawsuits. Our lawyers may be able to help you with proving pain and suffering, filing the necessary paperwork on time, and representing you or a loved one in court where necessary. An attorney will also assist you with gathering adequate evidence to support your case. 

Call 251-433-6699 to schedule a consultation with an attorney today. 

You no longer need to wonder: “Can you sue a nursing home for abuse?” when you have a reliable attorney representing you.