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Faye Murry

How Much Is Pain and Suffering Worth in a Car Accident?

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If you’re injured in a car accident, you may be able to pursue compensation for your losses through an insurance settlement or a personal injury lawsuit, depending on the details of your case. Because many victims focus on recouping their economic damages, they sometimes do not realize that they may also have the opportunity to seek compensation for their pain and suffering, which aims to address the emotional and sometimes long-term effects of severe injuries.  

So, how is pain and suffering calculated in an auto accident? Below, our team from Jackson & Foster Law discusses the primary calculation methods used to value pain and suffering claims. For more information regarding your specific case, please speak with an auto accident lawyer. 

What Is Pain and Suffering Compensation?

Pain and suffering compensation is a type of non-economic damage that addresses the emotional distress, physical pain, or loss of quality of life that victims may experience after suffering a severe injury, illness, or traumatic event. Unlike economic damages, such as medical expenses or lost wages, pain and suffering is not easily quantifiable.

A plaintiff may pursue pain and suffering for various reasons, such as losing a limb from an accident, experiencing PTSD, or suffering from severe and debilitating pain for an extended period due to their injuries. Placing a numerical value on what these various types of suffering are “worth” is highly complex and subjective. Every victim experiences these hardships differently.

The Common Types of Pain and Suffering Claims

So, how is pain and suffering calculated in an auto accident? To promote consistency, attorneys and insurance adjusters often follow standard calculation protocols for non-economic claims. 

The Methods for Calculating Pain and Suffering

So, how is pain and suffering calculated in an auto accident? Attorneys generally use one of two primary methods to appropriately value claims, depending on the case details and available evidence. 

The Multiplier Method

The multiplier method is one of the more common techniques for valuing pain and suffering. This involves adding all of the claimant’s medical bills from their car accident injuries together and multiplying this total number by a figure between 1.5 and 5. The chosen multiplier typically depends on these factors:

  • The severity of the injuries
  • Their prospects and timeline for a complete recovery
  • How the injuries impact their day-to-day life
  • How clear fault is in the accident at hand

For example, say you were injured in a head-on collision with an impaired driver and suffered multiple broken ribs, a concussion, and a fractured pelvis requiring surgery and ongoing rehabilitation. For the purpose of this example, say your medical bills totaled $20,000. An attorney may select a multiplier of 3.5, as your injuries were severe enough to require surgery, but you have a positive prognosis. 

In this example, 3.5 would be multiplied by $20,000 to land at a pain and suffering claim of $70,000. 

The Per Diem Method

The per diem method is less common. This involves assigning a daily rate to the individual’s suffering and multiplying that rate by the number of days they experienced the pain.

An attorney may choose to use this method for someone going through rehabilitation for their injuries, calculating the number of days that their treatment takes.

Determining an appropriate daily rate can be challenging, which makes the per diem method less common in personal injury cases. Some attorneys assign the rate based on the individual’s earning capacity.

For example, if the person typically would earn $200 a day, their rate may reflect this wage. Note that this would still be calculated separately from lost wages compensation. 

Evidence Used To Value Pain and Suffering

To answer “How is pain and suffering calculated in an auto accident?” you need to understand the types of evidence attorneys or insurance adjusters review when determining figures like multipliers or daily rates. The following pieces of evidence may support your claim:

  • Proof of medical expenses, including receipts, diagnoses from providers, and treatment plans
  • Witness statements from those who saw the accident unfold or those in your life who’ve been a part of your recovery journey
  • Professional testimonies from healthcare providers or accident reconstructionists
  • Diary entries detailing your symptoms, feelings, and thoughts each day as you progress through recovery
  • Photographs or videos of your injuries
  • Prescription medication records, especially for medications that manage pain or mental health conditions

Do You Need Help Calculating Your Car Accident Claim’s Value?

How is pain and suffering calculated in an auto accident? Valuing non-economic damages can be quite complex, though attorneys generally follow standardized approaches. If you’re interested in hiring a personal injury lawyer, consider calling Jackson & Foster Law at (251) 433-6699 to discuss your case.

What To Do After a Hit-and-Run Car Accident

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Hit-and-run accidents can be incredibly jarring. Not only do you have to deal with the damage and potential injuries from the accident, but you also need to attempt to recall any identifying details about the driver who fled the scene.

Not knowing what to do after a hit-and-run accident is understandable. However, taking the right steps early could help preserve your options for seeking compensation. 

Learn what to do after a hit-and-run from Jackson & Foster Law.

Call 911 As Soon As Possible

You might hesitate to call 911 if you aren’t sure who struck your vehicle. But doing so is often an important first step after a car accident, regardless of the circumstances. 

Calling 911 prompts law enforcement and EMTs to come to the accident scene and assist you. A police officer may create an accident report detailing any information you recall about the driver who hit you and the other circumstances of the collision.

You can also seek medical attention promptly at the scene. Your medical treatment will provide you with documentation to use in an insurance claim or potential lawsuit as well as get you the help you need to recover from the injuries.

Fleeing an accident scene without stopping and providing contact information is a criminal offense in many jurisdictions. Law enforcement will want to investigate the matter and attempt to track down the responsible party. 

Record As Much Information About the Driver As You Can

Hit-and-run accidents can be frustrating. You may not remember much information about the driver who hit you, and you wish you could recall more details to assist the investigation. 

However, any information you can provide may be helpful, no matter how small. Consider whether you remember any of the following details:

  • The type of vehicle (sedan, SUV, truck, etc.)
  • The color of the vehicle
  • Any other identifying features, such as damage to the vehicle or bumper stickers
  • Any figures you can remember from the license plate
  • The appearance of the driver
  • The direction the driver fled

The officer may look for security cameras or dashboard cameras that caught the hit-and-run accident. They may also speak to any witnesses of the crash. Someone else may remember more about the driver than you do and can provide a witness statement to use as evidence.  

With all available information, they will begin attempting to track down the driver. 

Contact Your Insurance Company

The next step to take after a hit-and-run accident is often to call your auto insurance company and report the accident. Inform them that you do not know the identity of the at-fault driver and that the accident was a hit-and-run. 

You might have insurance coverage that applies to accidents in these cases, such as:

  • Uninsured motorist coverage: Pays for medical expenses, lost wages, and damage to your vehicle (among other possible damages) after an accident in which the at-fault driver did not have auto insurance. 
  • Collision coverage: Pays for damage to your vehicle after a collision with another vehicle or an object.

In some cases, the insurance company might wish to investigate the accident and attempt to locate the at-fault driver before it will pay out your claim. 

If you file a claim through your own insurance, you will likely need to pay a deductible. Your claim will also be subject to your coverage limits. This is why it may be advantageous to pursue compensation through the at-fault driver’s insurance, if they can be identified. 

Pursue Compensation From the At-Fault Driver, If They Can Be Located

If law enforcement eventually tracks down the at-fault driver in your accident, you may have the opportunity to seek compensation through their insurance company or a personal injury lawsuit. An experienced accident attorney can assist you with this process. 

Your attorney can help you understand the at-fault driver’s potential financial obligation to you. They can also review your insurance coverage and communicate with your insurer. 

Avoid These Common Mistakes After a Hit-and-Run

The aftermath of a hit-and-run accident can be chaotic, but you should try to avoid certain actions that could compromise your case or even put you in danger. Generally, the following are mistakes to avoid after a hit-and-run:

  • Leaving the accident scene: Just because the driver who struck you left the accident scene does not mean you should leave as well. Stay where you are if safe to do so and call 911 to file a police report and seek medical attention. 
  • Chasing after the driver: Many people would say to never try to chase down a hit-and-run driver on your own. You might put yourself in danger of being struck by another motorist or facing aggression from the driver who hit you. Instead, leave this task to law enforcement. 
  • Admitting fault: Even if you think you were partially at fault for the accident, the other driver still has a legal responsibility to stop. Admitting fault could hurt your accident case. Allow law enforcement to complete their investigation to determine fault. You may not appreciate all of the circumstances until you’ve had time to process after a serious wreck.
  • Not seeking prompt medical attention: Waiting too long to seek medical treatment might make it challenging to tie your injuries directly to the hit-and-run accident. 

Seek Legal Assistance From Jackson & Foster Law

Now that you know what to do after a hit-and-run accident and common mistakes to avoid, you may be in a better position to navigate the claims process. An experienced attorney can also provide guidance and assistance. 

At Jackson & Foster Law, we represent hit-and-run accident victims across Mobile, AL. Our attorneys work efficiently and maintain affordable legal fees to help clients seek adequate compensation for their claims.

You can schedule a free consultation with our legal team by calling 251-433-6699.

What Is Loss of Consortium?

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Suppose you’re in an accident that leaves you hurt, and you speak to a personal injury lawyer in Mobile, AL, about pursuing compensation. They mention the potential damages available, including a loss of consortium claim. What is loss of consortium, and is it worth exploring in your case?

Learn more below about a victim’s rights and responsibilities in this situation. For personalized guidance, reach out to Jackson & Foster Law. Every case should be evaluated on its own facts. 

Defining Loss of Consortium

Loss of consortium is a legal term referring to the loss of emotional and/or physical companionship, affection, and support due to death or injury. One could claim spousal relationship damages if an accident makes their partner unable to provide the intimacy or deep love they offered before. Damages may be awarded to those who experience the following in the wake of an accident:

  • Loss of sexual relations: If someone is unable to engage in intimate relations due to an accident, loss of consortium damages may be available. 
  • Loss of companionship: Romantic partners may suddenly miss out on opportunities for date nights or other shared moments together due to someone else’s negligence. 
  • Loss of services: Damages may apply if death or injury prevents a spouse from performing various household duties, such as essential chores or childcare. 
  • Loss of support: If the injured or deceased party is the primary provider of a household, this may also impact their partner. 

Some injuries have a long-lasting impact on marital relations. If you find yourself in this situation, it might be time to explore your legal options. Compensatory damages could be available, depending on your unique circumstances. 

Speak to a personal injury lawyer about your circumstances and whether you’re able to seek these damages.

Filing a Loss of Consortium Claim After a Personal Injury or Wrongful Death

What is loss of consortium, and who is able to claim it in a lawsuit? 

Personal Injury Cases

Perhaps someone survives an accident, but their injuries prevent them from maintaining a loving relationship with their spouse. For example, imagine someone experiences a traumatic brain injury and spinal cord damage due to a tractor-trailer crash. The accident leaves them paralyzed and with severe mental deficits, which keeps them from engaging in an intimate, affectionate relationship with their partner. 

In cases like this, the non-injured partner could advocate for spousal relationship damages. These may be in addition to other economic and non-economic damages in a personal injury claim. 

Understanding the Filing Process in Alabama

Now that you have a clearer understanding of what loss of consortium entails, you might wonder who can claim such damages. The answer will vary based on where you live. 

Some states allow a victim’s children, siblings, or other relatives to seek compensation in such cases. Others, including Alabama, may only grant the opportunity to non-injured or surviving spouses. If you wish to file a claim against a negligent party, consult a personal injury lawyer to discuss your case and the potential next steps. 

After learning the answer to “What is loss of consortium?” eligible parties may wonder when they can file a claim. Claims must be filed within Alabama’s statutory deadline, which is typically two years from the date of injury or death. 

Key Criteria That Support Loss of Consortium Claims

To receive damages for emotional companionship loss, claimants have to prove four essential components:

  • Duty of Care: A third party has a responsibility to act in a way that keeps others safe from harm. A duty of care for motorists may be to be aware of others on the road, while healthcare providers may have the duty to care for patients. 
  • Breach of Duty: An individual’s actions, such as driving while intoxicated, can constitute a breach of their duty of care. 
  • Causation: Personal injury and wrongful death claims aim to prove that a party’s breach of duty directly caused the victim’s injuries. 
  • Damages: Ultimately, claimants must clearly outline quantifiable losses. This includes economic and non-economic losses. 

Review Your Options With the Help of Jackson & Foster Law

At Jackson & Foster Law, clients come to us with a wide range of questions, from “What is loss of consortium?” to “How much could I expect in a car accident settlement?” Our team is pleased to offer personalized legal advice and recommend a tailored strategy based on your unique circumstances.

Reach out to us today to learn more about our services. To schedule a consultation, contact our Mobile-based firm at 251-433-6699. 

Can You Sue a Drunk Driver for Hitting You?

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If you sustained injuries in a car accident caused by a drunk driver, consider speaking to a DUI attorney in Mobile, AL. Given the physical and emotional harm that impaired motorists can cause to those involved in a crash, is it possible to sue a drunk driver to seek justice?

Learn about your options as a crash survivor and what to expect if you decide to take legal action. Below, our legal team at Jackson & Foster Law explains what you need to know about civil DUI lawsuits involving personal injuries. 

How Drunk Driving Accidents Impact a Victim’s Physical and Emotional Well-Being

Drunk driving accidents can be fatal and may prompt a victim’s loved ones to file a wrongful death suit. Collisions that don’t end in death may leave motorists, cyclists, or pedestrians with severe injuries, such as:

  • Broken bones
  • Lacerations
  • Whiplash
  • Spinal cord damage
  • Traumatic brain injuries
  • Internal bleeding

Depending on the extent of the injury, victims could end up with a permanent disability or face a lengthy recovery period. The accident could leave them unable to work, creating financial hardships for the household. The aftermath of a serious injury also affects one’s mental state and emotional well-being. 

Accident victims may experience symptoms of post-traumatic stress disorder after an accident. In addition to all other potential outcomes, vehicles involved in the crash could face expensive repairs or be totaled. Taking legal action could help victims receive compensation for their injuries and hardships, though outcomes vary. 

Offenders May Face Criminal and Civil Court Proceedings

Motorists who drive while under the influence don’t have to be involved in a crash to face consequences. Police officers can stop drivers they suspect of being impaired, arrest them, and charge them with the crime. The case will proceed to criminal court, where a jury will decide the verdict. This is not the type of matter our firm handles.

In Alabama, DUI penalties for convicted motorists vary based on their history and the severity of the offense. Potential penalties include:

  • License suspension
  • Probation
  • Court-ordered community service or drug and alcohol education programs
  • Mandated use of an ignition interlock device
  • Imprisonment

In addition to criminal proceedings, offenders could become the target of a personal injury claim in civil court. Victims may be able to sue a drunk driver for economic, non-economic, or punitive damages for their role in an accident. 

Consider Filing a Personal Injury Claim Against the Drunk Driver’s Insurance Provider

Did a drunk driving accident leave you with extensive vehicle damage, physical injuries, and mental anguish? These hardships stem from someone else’s negligence on the road. Consider holding them accountable by filing a personal injury claim against their insurance company. 

With the help of an attorney, you can gather evidence supporting your claim and calculate your losses. The insurance company may offer a settlement, but if your lawyer doesn’t believe it fairly represents said losses, they could negotiate with the insurer. 

While many claims are resolved through settlement agreements, if a resolution cannot be reached, litigation may be the next logical step. After you sue a drunk driver, negotiations might continue while both sides prepare to bring the case to trial. 

If these efforts remain unsuccessful, a jury will decide the outcome. Representatives for both sides will present their arguments before jurors reach a verdict. In civil trials, the jury also determines the amount of a financial award, if any. 

Determining Negligence in Car Accident Cases

Personal injury lawyers look for four crucial elements in these cases:

  1. Duty of Care: One party has a responsibility to keep others safe by behaving in a certain way. 
  2. Breach of Duty: An individual may either intentionally or unintentionally breach their duty of care, potentially putting others at risk of harm. 
  3. Causation: When a breach of duty directly causes an accident or injuries, it raises legal concerns. 
  4. Damages: The victim must endure some type of loss, such as a personal injury or property damage. 

Drunk driving cases tend to meet all of these criteria. Motorists have the responsibility to drive in a way that keeps themselves and others safe. Driving while intoxicated breaches their duty of care and can result in injuries to others. 

In order to sue a drunk driver, you’ll need evidence highlighting these elements including the causation and damages. Police reports, witness statements, and dashcam footage from the crash could provide insight into what caused the accident. You can evaluate the total damages by submitting medical bills, vehicle repair estimates, and documentation of lost wages as evidence. 

Can You Sue a Drunk Driver Directly?

When people file personal injury claims or subsequent lawsuits, they’re usually dealing with auto insurers who represent the policyholder. If victims can successfully receive a settlement, the insurance provider often writes the check instead of the negligent party. The lawsuit, however, typically is directly against the adverse driver. 

Consult an Experienced DUI Attorney in Southeast Alabama

You may have legal grounds to pursue compensation for your medical care, pain and suffering, and other damages. Not sure where to start? Contact our team at Jackson & Foster Law. 

We handle these cases with sensitivity and are committed to advocating for the rights of crash victims. From the first time you meet with us to the time your case reaches the negotiation phase and beyond, we aim to guide clients through the legal process with clarity and compassion. Call 251-433-6699 to schedule a free consultation today. 

Do You Need a Lawyer After a Car Accident in Mobile, AL? 

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If you were recently involved in a serious car accident, you might hear one recurring piece of advice: “Hire an attorney.” Working with an experienced car accident lawyer is often a good idea, especially if your case is complex. But not every car accident claim requires an attorney’s assistance. 

If you’re asking, “Do I need a lawyer after a car accident?” this guide can help you know when an attorney might be helpful for your case. If you’re still unsure, request a consultation with a car accident attorney in Mobile, AL, to discuss your claim and learn how they can assist you. 

Signs You Need an Attorney After a Car Accident

Hiring legal representation after a car accident may help you manage a complex legal process with greater clarity. If any of the following are true, you might benefit from hiring an attorney to assist with your personal injury claim. 

The Accident Involved Severe Injuries or Fatalities

Serious car accidents, such as ones involving impaired driving, often lead to life-altering injuries and even fatalities. If your accident left you or a loved one with severe injuries, you’re likely facing a large, complicated claim. You might find it difficult to manage a legal claim while recovering from serious injuries. 

An attorney can provide necessary support, guidance, and representation while you focus on recovering from your injuries. They can counter any aggressive tactics from the insurance company and help you navigate a complex injury claim. 

The Insurance Company Is Not Cooperating

Insurance companies may want to balance paying out your claim with protecting their own financial interests. This means they might not offer to pay out what you believe your claim to be worth. Alternatively, they might reject your claim altogether if you do not have enough evidence in their eyes. 

If the insurance company is being uncooperative, an attorney can help you strengthen your claim and resist their tactics. 

You Are Facing Steep Medical Bills and Expenses

Serious car accidents often lead to steep medical bills and other expenses. While your health insurance might cover some of these medical expenses, you will likely be subject to copays and deductibles. You may be eligible for compensation from the at-fault driver for expenses resulting from the accident. 

However, the insurance company might provide you with a payout offer that does not fully cover your expenses. An experienced attorney can help you present evidence showcasing the value of your claim and negotiate a higher offer. If the insurer still fails to provide a sufficient payout, your attorney can discuss litigation with you and detail your other options. 

There Are Disputes Over Liability 

The insurance company usually makes a fault determination based on the evidence it receives from all parties involved in the accident. This determination details who was responsible for the accident and, thus, who is liable for financial damages. 

Alabama follows a contributory negligence rule, stating that if a plaintiff is found to be even 1% responsible for their own injuries, they may be ineligible for a compensation claim. As such, the insurer’s fault determination plays a critical role in your opportunity to secure compensation after the accident through this insurance claims process before a lawsuit is filed.

Your attorney may help you provide evidence to clarify your role in the accident and challenge any incorrect fault assessments. 

Times When You Might Not Need a Lawyer for a Car Accident Claim 

Do you need a lawyer after a car accident? There are a few instances in which an attorney may not be necessary: 

  • Your accident did not involve injuries: If no one was injured in your accident, your insurance claim may be relatively straightforward, and you may not need an attorney to help you navigate the process.
  • The insurance company is cooperating: If the insurance company has offered you sufficient funds to account for your monetary losses after the accident, you might not need an attorney. However, a car accident lawyer can help you understand what types of compensation may be available to you and avoid accepting an insufficient offer. 
  • The damage was minor: If the damage to your vehicle was relatively minor, you might not need an attorney to assist with settlement negotiations or provide other legal guidance. 

If you are ever unsure whether you need an attorney, consider scheduling a free consultation with one. They can explain more about their services and guide you in the right direction. 

How Can a Car Accident Attorney Assist You? 

If you are wondering whether you need a lawyer after a car accident, understanding the types of assistance an attorney can provide might aid your decision. These are a few of the ways a car accident attorney can assist: 

  • Gather evidence to support your claim: Your attorney can explore several avenues for collecting evidence to help you strengthen your accident claim. 
  • Speak with other parties on your behalf: They can speak with the insurance company, the negligent party, and other parties to help you avoid making a mistake during communications that could negatively affect your case. 
  • Explain complex liability laws: Attorneys understand Alabama’s liability laws, contributory negligence doctrine, and all other relevant statutes and may help you apply these laws to your case. 
  • Avoid mistakes that could compromise your case: With an attorney providing legal advice and guidance, you can avoid mistakes that might negatively impact your car accident case. 
  • Represent you in court: In the event that your car accident lawsuit proceeds to trial, your attorney will represent you in court. 

Schedule a Consultation With Jackson & Foster Law

Jackson & Foster Law provides legal guidance and support to accident victims across Mobile, AL. If you are wondering whether you need a lawyer after a car accident, our attorneys can provide an initial consultation to discuss the details of your case and explore how we can assist you. We also may be able to advise you on whether hiring an attorney might not be necessary. 

Contact us today at 251-433-6699 to schedule your free consultation, then learn more about car accident settlements and how they work for accident cases. 

Top Eight Mistakes That Can Ruin Your Personal Injury Claim 

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Navigating a personal injury claim can be confusing and overwhelming, especially if you have no prior experience with civil lawsuits or liability claims. For that reason alone, your claim might become compromised by a few simple missteps. 

Understanding the mistakes to avoid in a personal injury claim might help you avoid setbacks in the claims process. Keep the following in mind, then contact an experienced personal injury attorney for legal assistance. 

1. Delaying Medical Treatment

A compelling personal injury claim hinges on solid evidence of your injuries. You need to be able to show that the defendant’s negligence led to your injuries and other damages. However, delaying medical treatment until days or weeks after the accident might make it challenging to prove that your injuries were the defendant’s fault. 

Instead, seek medical treatment as soon after the accident as possible if you are injured. Not only will this potentially aid your recovery, but it may also provide you with documentation to use as evidence in your claim. 

2. Missing Filing Deadlines 

Personal injury claims are subject to state-determined statutes of limitations, which dictate the amount of time after an accident you have to file a lawsuit. The statute of limitations in Alabama is generally two years from the accident date, but the statute of limitations should be analyzed on a case-by-case basis. Missing deadlines like this one might render you ineligible to seek compensation from the negligent party, depending on the details of your accident. 

An experienced personal injury attorney can help you remember and adhere to all relevant deadlines in your case. 

3. Ignoring Medical Advice

Along with delaying medical treatment, ignoring your doctor’s advice is another mistake that you may want to avoid in your personal injury claim. Failing to rest, keep the injured body part moving, take medications, participate in physical therapy, or complete any other actions as directed might hinder your recovery.

If this happens, the insurance company or negligent party could claim that your injuries were not as serious as you originally stated or that they are no longer responsible for your medical condition since you did not follow the advice to help you get better. Instead, follow your doctor’s orders closely, though your medical treatment typically is your decision.

4. Not Documenting the Accident Scene

In some cases, documenting the scene of the injury can be useful as you attempt to establish liability. This may involve taking photos and videos of the accident scene, writing down the contact information for any witnesses of the accident, and otherwise recording the cause and aftermath of the accident. 

Once you leave the scene of a personal injury incident, valuable personal injury claim evidence may become lost. Any documentation you can collect might prove helpful later on. 

5. Posting on Social Media About the Accident

Personal injury accidents are often life-altering events, and it may feel natural to share about your accident on social media. You want your friends and family members to stay in the loop about your recovery and provide any support they can. But posting about your accident on social media is one of the biggest mistakes to avoid in a personal injury claim. 

The defense may monitor your social media profiles for anything that goes against what you stated in your claim. For instance, you might share a hopeful post stating that you are recovering well or feeling better; the defense could use this as evidence that your injuries are not severe. 

6. Agreeing to Recorded Statements With the Insurance Adjuster

In the initial stages of your personal injury claim, you might assume that the insurance adjuster is on your side. When they call you to gather information about the claim, you might not hesitate to agree to give a recorded statement. 

However, statements you make to the adjuster may be used against you during a claim evaluation and litigation. You may want to consult with a lawyer regarding giving statements such as this. 

7. Accepting the First Settlement Offer

If the defendant offers to settle out of court, you might feel like you have won your case and be tempted to accept the first settlement offer they provide. However, settlement discussions provide a viable opportunity to negotiate a higher offer and potentially secure a more favorable settlement amount.

You may not want to accept the first settlement offer you receive, and instead allow your attorney to negotiate on your behalf. Insurance companies are motivated to settle out of court to avoid the expense and hassle of a lawsuit, so the defendant or insurance company in your case might be willing to increase their offer. 

8. Not Hiring an Experienced Attorney

Another one of the biggest mistakes to avoid in a personal injury claim may be not hiring an experienced attorney to represent you. Initially, your case might feel straightforward, especially if you have a significant amount of evidence in your favor. This may lead you to believe that you can handle the legal process alone or that your family’s attorney can represent you, even if they do not have experience with personal injury claims. 

However, it may be in your interest to hire a seasoned personal injury attorney who has experience with your type of accident case. They may be able to help you avoid mistakes like missed deadlines, inadequate documentation, delayed medical treatment, and more, providing legal representation and guidance throughout your claim. 

Request a Consultation With Jackson & Foster Law 

Understanding the mistakes to avoid in a personal injury claim can lower your chances of a personal injury claim rejection and improve your chances for an adequate payout. At Jackson & Foster Law, we have nearly 40 years of experience representing personal injury victims in Mobile, AL. 

We provide focused, affordable representation to support clients throughout the compensation process. Contact us today at 251-433-6699 for a free consultation with our personal injury attorneys. 

How To Choose a Medical Malpractice Attorney

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If you or a loved one suffered an unexpected injury at the hands of a medical professional, you might have grounds for a medical malpractice case. Your next step may be finding an attorney to evaluate your case and represent you. However, choosing a medical malpractice lawyer in Mobile, AL, can feel overwhelming.

This guide outlines factors to consider when selecting an experienced medical malpractice attorney. 

Understand the Importance of Choosing the Right Attorney

Why is it so important to spend time learning how to choose a medical malpractice lawyer? Can’t you hire any licensed attorney to represent you? 

There are several reasons why you should do your due diligence in this process:

  • Medical malpractice cases are complex. They require in-depth knowledge of medical and legal procedures. Your attorney should possess the requisite experience to navigate the intricacies of your case effectively. 
  • You need extensive evidence. Medical negligence cases can sometimes be challenging to prove. You’ll need extensive evidence showing that the medical professional breached their duty of care to you, causing your injury. Seasoned attorneys know how to collect evidence from several sources and build a strong case. 
  • These cases often require negotiation. Many medical malpractice cases settle out of court, but this involves negotiating with the insurance company for an acceptable settlement. An attorney with sharp negotiation skills can represent you in all relevant discussions. 
  • The right attorney increases your chances of success. Choosing an inexperienced lawyer, however well-intentioned they might be, could negatively impact your claim. 

With these points in mind, it’s time to start looking for the right medical malpractice attorney. 

Seek Referrals and Personal Recommendations 

The prospect of sorting through a list of all of the medical malpractice attorneys in your area can be daunting. It might help to start by seeking referrals from friends, family members, and even community groups. 

Personal recommendations from those who have navigated medical malpractice can help you feel more confident choosing an attorney. You can ask about the person’s experience with a particular lawyer and why they would recommend them to learn more about their background and style. 

If you can’t find anyone who has filed a medical malpractice case, you may be able to at least seek referrals for other types of attorneys, then ask those legal professionals whether they have recommendations for malpractice lawyers. If all else fails, you may want to look on the Alabama State Bar website and other trusted legal databases. 

Read Reviews and Perform Research 

While personal recommendations and referrals are often trustworthy, you can’t always rely on this information alone to choose a medical malpractice lawyer. You should also perform your own research to determine whether the legal professionals on your short list seem reputable. 

You may want to read reviews on platforms like Google and Avvo to learn more about other clients’ experiences with these attorneys. Also, visit their websites and learn more about their background, practice areas, and credentials. 

Verifying relevant case histories can help you get a better handle on your options. 

Ask the Right Questions About Their Experience and Style 

Consultations allow an attorney to learn more about you and determine whether you have a case. But they also give you the opportunity to learn more about a lawyer. When determining how to choose a medical malpractice lawyer, the consultation can provide you with key information.

Come into the meeting prepared with questions for the attorney. You may want to ask any of the following: 

  • How many medical malpractice cases have you represented?
  • What types of medical events have your malpractice cases centered on? 
  • What were the outcomes of past malpractice cases?
  • How will you build a strong case for me? 
  • What percentage of the malpractice cases you have represented have settled out of court? 
  • Do you have trial experience, and are you prepared to represent me in court if necessary? 
  • How many other cases are you currently handling? 
  • How do you prefer to communicate with clients about their cases? 
  • Do you work on a contingency fee basis or another fee structure? 

Don’t be afraid to jot their answers down during the consultation. You can compare notes from several meetings to narrow your options and choose an appropriate medical malpractice attorney. 

Make the Final Decision 

At this stage, you will have extensive information about several attorneys. It’s time to choose one who seems like the right fit for your case type, preferred communication style, and budget. 

Once you decide on your legal representation, they will likely have you sign an agreement laying out the terms of their representation, fees, and scope of work. Review this document closely and save a copy of it for your own reference. 

Jackson & Foster Law: Trusted Malpractice Attorneys in Mobile, AL

If you are wondering how to choose a medical malpractice lawyer in the Mobile, AL, area, consider that Jackson & Foster Law has nearly 40 years of experience representing clients in medical malpractice and other personal injury cases. 

Schedule a free consultation today by calling 251-433-6699 and learn more about suing for medical malpractice.

Common Types of Medical Negligence That Lead to Lawsuits 

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Medical negligence can cause patients significant harm. When a healthcare provider fails to meet an accepted standard of care in this manner, it may constitute malpractice. Those facing negligent medical care should consult an experienced medical malpractice attorney in Mobile, AL, to learn more about their rights while pursuing compensation.  

Understanding the different types of medical negligence and how they can lead to major health and safety concerns for the patients involved is important. 

What Is Considered Malpractice? 

There are many things that must be proven to prevail in medical malpractice cases, and each case should be evaluated on its own facts to determine what needs to be proven. In some cases, to prove medical malpractice, one must provide, possibly amongst other things, evidence that a medical professional owed the patient a duty of care and violated this duty, directly harming the patient. In this context, the duty of care means that the physician is responsible for diagnosing or treating the patient. A violation of this duty means the physician acted out of line with what any professional in the field would reasonably do.  

The most common examples of medical negligence are:  

Misdiagnosis 

Many medical malpractice cases are related to misdiagnosis or delayed diagnosis. When a physician fails to recognize and diagnose a condition promptly or diagnoses it incorrectly, it may be considered a misdiagnosis. These errors may delay treatment or subject patients to the wrong forms of treatment, causing them serious harm. 

Conditions frequently facing misdiagnosis include cancer, heart issues, and infections. Chronic illnesses that affect the immune system and women’s health issues may also be misdiagnosed.  

When patients experience significant delays until they receive the proper treatment, it can lead to worsened health outcomes and a decreased chance of survival.  

Failure To Treat 

Sometimes, doctors correctly diagnose their patients but fail to provide appropriate treatment. Their faulty recommendations or inadequate treatment plans can lead to worsened disease progression, fewer treatment options, and worse outcomes overall.  

Surgical Errors 

Another reason for a malpractice suit is surgical mistakes. These can cause major health issues and wrongful deaths. Some examples of surgical errors may be: 

  • Operations on the wrong body part 
  • Incorrect procedures  
  • Leaving surgical instruments or contaminants inside the patient 
  • Procedures that cause unnecessary and excessive damage to surrounding tissues 

These mistakes may lead to major complications that require additional surgical intervention.  

Medication Mistakes 

Errors during medication administration may also be reasons for a medical malpractice lawsuit. Medication mistakes may involve: 

  • Prescribing the incorrect medication or dosage 
  • Improperly inventorying a patient’s current medication and failing to account for hazardous interactions 
  • Administration errors and unsafe practices 

Medication issues can have severe consequences and leave patients in jeopardy.  

Birth Injuries 

Traumatic births may be another reason for medical negligence cases. These situations can cause significant injury to the mother and child, leading to lifelong disability and even death in some cases. Some birth injuries may be due to: 

  • A failure to perform a C-section in a timely manner or unsafe practice during this intervention 
  • Failure to monitor the mother or fetus for distress 

Anesthesia Errors 

Anesthesia errors may involve the administration of too much or too little anesthesia drugs and a failure to monitor vital signs properly. 

Emergency Room Issues 

These may include:

  • Failing to recognize a stroke or heart attack 
  • Premature discharge of patients 
  • Missing the signs of a critical condition 
  • Failing to conduct the right tests 
  • Emergency medication mix-ups 

These dangerous situations can escalate an emergency further and may be grounds for medical negligence claims. 

Radiology Mistakes 

Mistakes in interpreting X-rays or other scans can cause doctors to miss diagnoses and suggest the wrong treatment plans. These errors are potentially dangerous and could serve as a basis for a malpractice lawsuit. 

When To Find Legal Help 

If you have experienced harm due to medical negligence, it is important to seek legal assistance as soon as possible. An experienced attorney can help victims of medical malpractice navigate insurance claims, collect evidence, and negotiate settlements.  

Working with an attorney can make it easier for malpractice victims to navigate the stressful aftermath of medical negligence and seek compensation for damages such as: 

  • Medical treatment expenses 
  • Pain and suffering
  • Mental anguish
  • Loss of wages 

Consult Jackson & Foster Law About Your Medical Negligence Case 

Jackson & Foster Law may be able to offer legal counsel to those who have experienced common types of medical negligence. Our experienced attorneys can assist you with filing claims against a physician or hospital and suing for medical malpractice. We can help you gather the necessary documents and evidence with the goal of pursuing fair compensation based on your damages.  

We aim to streamline the process of pursuing damages in the stressful aftermath of medical malpractice, reducing some of the burden and ensuring your claims are legally sound. 

Act quickly after experiencing medical negligence to avoid the statute of limitations running out. Call 251-433-6699 to schedule a consultation today. 

Can You Sue a Company for Chemical Burns? 

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There are many reasons you might need a personal injury attorney in Mobile, AL, from car accidents to slip-and-fall incidents, but did you know that you might have a case for other injuries, like chemical burns? Whether caused by harsh cleaning products, industrial chemicals, or a workplace accident, these injuries can lead to physical, emotional, and financial harm. 

If you suffer one of these injuries because of someone else’s negligence, you might be wondering: Can you sue for chemical burns? The short answer is yes, under the right circumstances. As with any personal injury lawsuit, your potential compensation for damages depends on the incident’s circumstances and your ability to prove that the company is liable for your injuries. Each case should be evaluated on its own facts. 

What Are Chemical Burns?

Chemical burns, also known as caustic burns, may occur when your skin, eyes, or internal organs come into contact with a corrosive substance. These substances fall into several categories, including:

  • Sulfuric and hydrochloric acid, commonly found in drain cleaners, cleaning agents for metal and masonry, and swimming pool chemicals.
  • Alkaline chemicals, such as sodium or potassium hydroxide, which are caustic and often used in degreasers and other cleaning products. 
  • Organic solvents, including paint thinner and gasoline.
  • Pesticides, insecticides, and herbicides. 

The Symptoms of Chemical Burns

Chemical burns may be painful and may cause redness, swelling, blisters, or discoloration. Inhaling toxic fumes can also damage your lungs and respiratory system.
Common symptoms include:

  • Redness or irritation
  • Blistering or peeling
  • Numbness or pain
  • Vision problems (if it contacts the eyes)
  • Breathing issues (if inhaled)

Chemical burns can cause mild irritation or deep tissue damage, depending on the specific chemical and how long it stays in contact with the skin. Regardless of the severity of the burn, you may need immediate medical attention to prevent long-term damage and additional complications. If your injuries and the other facts of the case merit a personal injury lawsuit, your medical treatment records may be essential to proving your case. 

When Can You Sue for a Chemical Burn?

Although these products typically have clear warnings about avoiding contact with the skin, accidents can happen. Not every chemical burn justifies a lawsuit, however. 

As a general example, if you’re in a business, and someone doesn’t clean up a chemical spill properly, exposing you to dangerous substances, you may be able to seek damages. 

Making Your Case in Court 

While the answer to “Can you sue for chemical burns?” is maybe yes, that doesn’t guarantee you’ll receive compensation. A strong case often involves collecting several types of evidence, including:

  • Medical treatment records: Documentation of your injury, treatment, and prognosis.
  • Witness statements: Testimonies from individuals who saw what happened.
  • Expert opinions: Professionals who can explain safety standard violations and how the injury happened.
  • Receipts and bills: Proof of medical expenses, lost wages, and other financial losses.

An experienced injury attorney can make a big difference. They’ll gather evidence, consult professionals, and handle negotiations with the other party’s insurance and lawyers.

Types of Damages You Can Recover

If you win, you may receive compensatory damages for medical costs, lost wages, and pain and suffering. In some cases, the court might also award punitive damages. If the burn causes permanent scarring or other long-term impacts, you may be eligible for additional compensation.

Get Help With Your Chemical Burn Case From Jackson & Foster Law

If you’re dealing with an injury that wasn’t your fault and wondering, “Can you sue for chemical burns?” speak with a personal injury attorney at Jackson & Foster Law. We may be able to help you understand your rights, build a case proving pain and suffering, and fight for compensation. You don’t have to go through this alone, so call (251) 433-6699 today.

Why You Shouldn’t Post on Social Media After a Car Accident     

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For many of us, our first instinct whenever anything happens (good or bad) is to pull out our phones and share it with friends and followers.  While that’s not a big deal when you get a flat white with perfect foam, it’s a different story altogether when you’re involved in a car accident. As any car accident lawyer in Mobile, AL, will tell you, it’s not a good idea to share the news of even a minor fender bender on your feeds. 

Posting on social media after a car accident can come back to haunt you if you’re planning to file a personal injury case. It might sound dramatic, but the legal system may not care about your good intentions or the number of likes you get. In fact, those likes could end up costing you thousands of dollars or more.

So before you hit “post,” here’s why staying silent online after an accident might be the smartest move you make.

Why You Need To Stay Off Social Media After a Car Accident 

It’s easy to think that posting seemingly innocent thoughts about your accident won’t make much difference to a legal battle. After all, if you aren’t saying anything negative about the other parties or discussing specifics, it won’t make a difference, right?

Wrong. If you are knee deep in negotiations with an insurance company or getting ready to go to court, the opposing counsel can (and will) look for anything they can use against you.  

Your Posts Are Public Even When You Think They Aren’t

You might think your social media is private because you locked down your settings and only allow approved friends to see your posts. But that “private” post isn’t private, at least not in a court of law.

Attorneys are very good at digging, and that includes social media monitoring. They can request access to your social media as evidence, and judges may approve those requests, especially if your posts could be relevant to your injuries or behavior after the accident.

One cheerful posting on social media after a car accident, like “Feeling better already!” can imply you’re not really hurt or as hurt as you’re claiming to be.

Deleting potentially relevant content could be seen as destroying evidence, which might even hurt your case more than the post itself. 

Defendants Will Use Your Words Against You 

After a car accident, you might post something about your accident, like “Got rear-ended today. We’re okay, but it’s still annoying.”

That sentence might feel harmless, but if you’re later diagnosed with whiplash or a back injury and decide to sue, it can become legal evidence against you. The defense can argue that you initially said you weren’t hurt, so you’re lying about your injuries now.

Your social feed becomes a digital diary, so it’s better not to include anything that could raise questions about your injuries or integrity.

Photos Tell a Story  

It’s not just posts about the accident that can get you into trouble with a personal injury case. Posting on social media after a car accident about your activities can give opposing counsel ammunition that suggests that your injuries aren’t as bad as you claim. 

For example, a photo from your friend’s BBQ a week after the accident on your feed can suggest you’re back to normal, not in pain, and not someone who needs compensation for suffering. Even if you sit most of the time, nursing your injuries, lawyers can make an image of you smiling with a burger in hand tell a different story — one that doesn’t make you look good.

You Might Accidentally Admit Fault

The potential for accidental liability admission is another reason posting on social media after a car accident is a bad idea. It’s easy to unintentionally admit something you didn’t mean to, like  “Wish I hadn’t looked down at the GPS for a second.”

In personal injury law, even a small admission can affect your compensation.

Friends and Family Can Hurt Your Case, Too

It’s not just your posts that can impact your case. Your friends tagging you in photos, mentioning you in comments, or checking you into locations can also raise red flags and give the defendant information they can use against you.

What To Do Instead To Protect Your Case 

After any car accident, especially one with injuries, your best bet is to go dark on social media. That doesn’t mean deleting your accounts, but it does mean not posting anything new. 

Talking to a personal injury attorney as soon as possible and following their advice can also help protect your case. Your attorney will likely recommend:

  • Pausing all posts until the case is over.
  • Setting all accounts to private, understanding that it won’t fully protect you.
  • Not deleting anything without talking to your lawyer.

Remember, the less you say online, the more power your case may retain in the real world.

Consult Jackson & Foster Law About Your Car Accident Case

Posting on social media after a car accident might seem like a good way to get support or process what happened, but it’s better to remain silent. One careless post or selfie can raise doubts or call your credibility into question, making it harder to prove your case in court. 

Instead of making a Facebook post, focus where needed on hiring a personal injury lawyer and talking to them before you talk to your followers. Contact Jackson & Foster Law in Mobile, AL, at (251) 433-6699 for a consultation and guidance on how to proceed. 

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.

Are Slip-and-Fall Cases Hard To Win? 

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Are slip-and-fall cases hard to win? It depends on the facts of the case.  

If the property owner was truly negligent in your accident, and you can prove this, your case may not be too difficult to win. Here is what you may want to know about winning these cases from a Mobile slip-and-fall lawyer. 

Exploring the Difficulty of Winning Slip-and-Fall Cases

Slip-and-fall cases aren’t necessarily harder to win than other personal injury cases. An attorney may not take on a case if they do not think the evidence is there to prove the four elements of negligence:

  • The property owner owed you a duty of care. 
  • The property owner breached their duty of care.
  • An accident occurred due to the breach. 
  • You suffered injuries in the accident. 

One of the challenging aspects of slip-and-fall cases comes in the third point: breach of duty. 

In many civil cases, Plaintiffs must meet the “preponderance of evidence” standard when presenting proof in a personal injury case. This means that their claims must be more likely true than not.

Factors Affecting How Difficult Your Case Is To Win 

Many factors may affect how challenging any type of personal injury case is to win, including slip-and-fall cases. Prominent ones may include:

  • Whether any witnesses saw the accident: Witnesses may significantly bolster a premises liability case. If anyone is willing to testify to how your accident occurred, they may help prove the property owner’s negligence. 
  • The presence of photo or video evidence: If the accident was caught on video, the defendant may have trouble disputing it. Photo evidence may also support your claim of specific hazards on the property that led to the accident. 
  • The property owner’s cooperation: If the property owner outright denies their role in your accident, you’ll maintain the burden of proof. However, some owners are willing to accept their liability and settle out of court to streamline the legal process. 
  • Your legal representation: You may want to choose an attorney specifically experienced with slip-and-fall cases or who has a proven track record of success. 

How To Prove Fault and Bolster Your Case 

Are slip-and-fall cases hard to win? While they certainly can be, gathering compelling evidence can increase your chances of securing compensation. Here are some strategies for proving fault in a slip-and-fall case. 

Show That a Hazard Existed on the Property 

You may not be able to claim compensation if you simply tripped over your own feet. You may be able to show that a hazard existed on the property that caused you to slip and fall. Maybe it was:

  • Merchandise in the aisle
  • Significantly damaged flooring 
  • Poor lighting
  • Large puddles or accumulations of ice 
  • Missing handrails 

Photos, witness statements, videos, and previous accident reports may all be able to support your claim. 

Support the Property Owner’s Actual or Constructive Knowledge of It 

You typically need to prove one of two types of knowledge: 

  • Actual knowledge: The property owner actually knew of the hazard. Maybe it had been documented in incident reports, maintenance records, surveillance footage, or even text communications between employees. 
  • Constructive knowledge: There were enough facts available that the property owner should have known about the hazard had they been acting responsibly. 

Understand That Contributory Negligence May Factor In 

In some cases, under the doctrine of contributory negligence, if you were even 1% negligent in your own accident, you cannot recover any damages. 

Building a strong case may require you to prove that the accident would have happened despite your efforts to stay safe. 

Jackson & Foster Law Can Help You Navigate a Slip-and-Fall Case 

Are slip-and-fall cases hard to win? They can be without the right evidence and legal representation on your side.

At Jackson & Foster Law, we have extensive experience representing victims of slip-and-fall accidents. Allow us to listen to the details of your accident and help you understand your eligibility for compensation. If we believe you have a case, we will help you prove it. 

Contact us today at 251-433-6699 to schedule a free consultation, then learn more about proving pain and suffering in a personal injury case. 

What Are the Four Elements of Negligence in a Personal Injury Case? 

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If you want to bring a personal injury case against a negligent party, you must ensure the four elements of negligence are present. These criteria show that the defendant in your case was legally responsible for your injuries, barring some other defense. 

What are the four elements of negligence? Learn more below, then contact a personal injury lawyer in Mobile, AL, for legal guidance. 

The Four Elements of Negligence and What They Mean for Your Case 

Whether you slipped and fell on someone’s property, suffered injuries in a medical procedure gone wrong, or were on the receiving end of a head-on collision, you may need to prove the four elements of negligence to have a sound case against the defendant. Below are the four main criteria that make up many personal injury cases. 

Element 1: Duty of Care

You’ll need to start by proving that the defendant owed you a duty of care. This is a relationship that requires the defendant to act in a specific manner. 

Humans generally owe each other a duty of care to protect them against foreseeable harm, to the extent that they are reasonably able to. A few common examples include: 

  • Drivers owe a duty to other motorists and passengers.
  • Medical professionals owe a duty to their patients.
  • Property owners owe a duty to invitees.

Establishing this element of negligence generally requires you to prove your relationship to the defendant. For example, if you suffered an injury on another person’s property, you’ll need to prove that you were either an invitee (someone the owner directly or indirectly invited in) or a licensee (someone permitted to enter the property for their own benefit). 

Element 2: Breach of Duty

After establishing a duty of care, you will need to show that the defendant breached that duty by failing to exercise reasonable care. 

Examples of breach of duty may include:

  • A driver violating traffic laws
  • A property owner failing to maintain safe premises
  • A doctor neglecting to act to the standard another medical professional would have in that scenario

Breach of duty isn’t always black and white. Judges may use the “reasonable person standard” to determine what is expected of a defendant in any scenario. If the average person acting in a responsible manner would have taken measures to prevent your accident, you may be able to hold the defendant liable for their actions. 

Element 3: Causation (Cause-in-Fact and Proximate Cause) 

When thinking about the four elements of negligence, causation may initially seem like the easiest to prove. It involves showing that the defendant’s breach of duty directly led to an accident. But this can sometimes be challenging to support, as the defendant may claim that your injuries were pre-existing or resulted from some other cause. 

You need to understand two main elements of causation: 

  • Cause-in-fact: Also called “actual cause” or “but-for cause,” this refers to the direct link between the defendant’s actions or inactions and the plaintiff’s injury. It purports that the injury would not have occurred “but for” the defendant’s behavior. 
  • Proximate cause: This determines whether the injuries or other damages were reasonably foreseeable. For example, a driver should expect that running a red light could cause a severe accident and injuries. 

Element 4: Damages (Compensatory and Punitive Damages)

None of the above elements of negligence may matter if you can’t prove you suffered damages in the accident. The defendant may have breached their duty of care to you and caused an accident you were involved in. But if it didn’t lead to damages, you may not have grounds for a claim.

Damages are the monetary compensation or other relief you seek in a lawsuit. Their purpose may be to make you “whole” again after the accident, compensating you for the losses you incurred. 

Personal injury cases often involve economic and non-economic damages. Economic ones consist of the actual monetary expenses resulting from the accident, such as:

  • Medical bills
  • Property damage
  • Time off work
  • Loss of future earning capacity

Non-economic ones account for the other losses you endured that don’t necessarily have a price tag. They may include:

  • Pain and suffering
  • Mental anguish

Both types are examples of compensatory damages, which seek to compensate you for the accident. You may also qualify for punitive damages. These intend to punish the defendant for especially reckless behavior. 

For example, drunk driving accidents may result in punitive damages. 

Let Our Attorneys Help You Prove the Four Elements of Negligence

Now that you know the four elements of negligence, you may feel a bit overwhelmed by the prospect of having to prove these points. You know the defendant was responsible for your accident, but proving their wrongdoing is another story. 

Our attorneys at Jackson & Foster Law would be happy to help evaluate your case. We may meet with you to determine whether your case meets these four criteria. If so, we will collect evidence to support the defendant’s role in the accident and your subsequent damages. 

Contact us today at 251-433-6699 to schedule a free consultation, then review our guide to choosing a personal injury lawyer.

Can You Sue for Medical Malpractice in Mobile, AL? 

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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 

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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. 

Do You Need a Police Report for an Accident Insurance Claim in Mobile, AL? 

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After a motor vehicle accident, you may be in shock and unsure how to proceed. While calling the police may seem like the right thing to do, you may not be sure whether it is necessary for your accident. In the chaos of the crash, you may simply forget to call the police altogether. 

One reason to call the police after an accident is so they can create a police report. Do you need a police report for an insurance claim? How does it benefit your case, and what happens if you do not have one? Whether you experienced a motorcycle accident in Mobile, AL, or another type of accident, here is what you need to know. 

What Is a Police Report for an Accident Claim? 

A police report is a document created by a police officer. It may summarize what happened, where, and who was involved. 

Police reports may contain both factual information, such as the time of day the crash occurred, and the officer’s opinion about what happened. Based on the position of the vehicles and the parties’ testimonies, the officer may infer that one party was at fault for the accident. 

While the officer may give informed opinions based on the evidence they see, these opinions won’t always be the whole story, especially when they focus on clearing the scene as quickly as possible to resume normal traffic flow. Just because an officer indicates you are at fault in the police report does not mean the insurance company would find you at fault. 

It may be a good idea to request a copy of the police report and review the information provided. 

What Does the Police Report Include? 

Do you need a police report for an insurance claim? This report may contain valuable information to aid your claim.

When you call the police after a car accident, they likely will come to the scene and collect information. They may talk to witnesses, measure distances, take photos, and write notes, all of which can help inform their police report. 

The police report may include all of the information the officer collects at the scene, such as:

  • The estimated time of the accident
  • The date and location of the crash
  • The names and contact information for all parties involved
  • The contact information of any witnesses
  • A description of the damage to the vehicles involved
  • A drawn diagram of the accident
  • A description of weather and roadway conditions at the time of the crash
  • Statements from the parties involved 
  • Any citations issued to parties involved in the accident
  • The officer’s fault determination 

How Does the Police Report Help Your Insurance Claim?

Do you need a police report to file an insurance claim? While this report may not be necessary for a lawsuit, it can provide extremely helpful information.

When investigating an accident claim, the insurance company may collect as much evidence as possible about the crash. This evidence may inform the adjuster’s decision to give you a payout under the policy terms. 

A police report may include a wealth of information about the crash that the insurer might use in their investigation. This report may be especially helpful when it suggests that the other party was at fault in the crash, not you. 

The insurance adjuster may not always agree with the officer’s opinion in the police report. A police report that pins the fault on the other driver won’t always mean the adjuster accepts your claim. Still, this report often serves as valuable evidence to aid the other investigative materials in your claim. 

Will the Insurance Company Accept Your Claim Without a Police Report?  

Some drivers may hesitate to involve the police after an accident. If you did not call the police after the crash, whether by choice or by accident, you may now worry that the insurer will not accept your claim. 

Do you need a police report for an insurance claim? Not having a report may not bar you from receiving funds through an insurance claim. It just may make your claim harder to prove. 

The insurance adjuster may need to collect evidence about the accident in other ways. If you and the other party have vastly different testimonies, and neither of you has much evidence, the insurer may hesitate to approve the claim.

Car accident attorneys typically recommend you contact the police after any accident. If you decide not to involve the police, be sure to collect as much evidence as possible at the crash scene. You may want to take photos of all vehicles, write down the contact information available for all witnesses, and record details about the date, time, and location of the crash. 

How To Request a Copy of a Police Report in Mobile, AL 

The insurance company may request a copy of the police report as part of your insurance claim. 

Seek Assistance With Your Insurance Claim Through Jackson & Foster Law 

Do you need a police report for an insurance claim? While you may be able to file an insurance claim without one, police reports may serve as valuable evidence in your accident claim. 

At Jackson & Foster Law, we know that the aftermath of a vehicle accident can feel overwhelming and stressful. Whether you need help requesting a copy of the police report, navigating a low settlement offer, or proving your claim, our experienced attorneys can assist you. 

Contact us today at 251-433-6699 for an evaluation of your case.