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Faye Murry

The Role of Surveillance in Personal Injury Cases 

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When you file a personal injury case, the defendant’s insurance company may go to great lengths to discount your claim. Many people are surprised to learn that surveillance may be  a common tactic used by insurance companies in personal injury cases to dispute injuries or disprove claims. But what lengths are insurers permitted to go to for evidence collection, and what can you do in the face of such tactics?

Learn more about the role of surveillance in personal injury cases. Then, consult a personal injury lawyer in Mobile, AL, for guidance on your next steps. 

What Level of Surveillance Is Lawful in Alabama? 

Surveillance in personal injury cases may feel like a significant invasion of your privacy, and you may wonder how this practice is legal. In Alabama, surveillance is only legal in personal injury cases when it adheres to strict guidelines.

Insurance companies can only film or record you in public spaces. However, there is a wide range of “public spaces” in which an insurance company might attempt to watch you. The insurance company, or, more specifically, the private investigators hired by the insurance company, might:

  • Film you from a public vantage point outside your home
  • Record your activities outside, such as in a park, outside a store, walking around your neighborhood, etc. 
  • Film you near public-facing businesses, such as a grocery store or gym 

It is also lawful for the insurance company to monitor your public online activity, such as your social media posts, photos, check-ins, and comments. In some cases, they may be able to access your private activity through subpoenas or even by requesting screenshots from people who are your friends on these platforms. 

However, there are many surveillance activities that would be unlawful for an insurance company to engage in, such as:

  • Violating wiretapping laws to gain audio from you
  • Trespassing on your property to surveil you
  • Installing tracking devices on your vehicle or belongings
  • Hacking your online accounts

You shouldn’t need to worry about an insurance company using these tactics during your claims process or the discovery phase of a lawsuit. Understanding what types of surveillance are and are not legal can help you feel more comfortable with the idea of being surveilled. 

What Are Insurance Companies Looking for When They Surveil You? 

Why do insurance companies use surveillance in personal injury cases? You may feel this is unreasonable because it’s not like you committed a crime. Additionally, you may feel the insurance company’s client is the one who is responsible for the accident and that you did nothing wrong. 

The main reason an insurance company would use surveillance in your case is to attempt to disprove any of your claims, weakening the case. If they can prove that you were dishonest about even one element of your case, they can place doubt in the judge’s or jury’s minds. Alternatively, if your case is still in the claims phase, they can use this evidence to deny the claim. 

Here are a few examples of how insurance surveillance is used:

  • You have claimed that your doctor ordered you not to lift more than 10 pounds during your injury recovery, but the investigator sees you lifting heavy weights at the gym. 
  • You stated that you seriously injured your back in the accident, but the investigator sees you effortlessly lifting boxes at work.
  • You have claimed that the injuries have prevented you from living your normal life, but the investigator finds images of you dancing at a party on social media. 

In each of these examples, the insurer might use the evidence collected to suggest that you were lying about your injuries or that they are not as severe as you claim. This evidence alone may not be enough to disprove your claim, but it could be combined with other evidence that weakens the case overall. 

What Should You Do if the Insurance Company Is Surveilling You? 

Knowing that the insurance company involved in your case may be surveilling you can be concerning. Your personal injury attorney can help you understand your options and how to proceed. 

First, it might help you to know your rights surrounding surveillance. You generally have the right to discover details about the surveillance, though it may not be until after deposition, depending on court rules. You should also understand the types of surveillance the insurance company can lawfully conduct, and know that when you are in a private setting, surveillance would be unlawful. 

You can generally act normally even if you know you are being surveilled. If you have a strong case, you shouldn’t need to worry about the insurer finding evidence against you. But you may want to at least be aware of how certain actions or social media posts could come across to the insurance company.

Finally, you may want to contact an attorney to learn more about your rights and options. A personal injury attorney can help you with proving fault in your personal injury claim and understanding the insurance company’s rights, along with the legal implications of their finding evidence that weakens your claim. 

Contact Jackson & Foster Law Today for a Legal Consultation 

Surveillance in personal injury cases is just one of the many aspects of your legal claim that may feel unfamiliar. With an experienced attorney on your side, you can feel more comfortable and confident navigating your case while understanding the mistakes to avoid that could compromise your claim. 

Jackson & Foster Law represents clients across the Mobile, AL, area through personal injury cases and insurance litigation. We offer affordable representation backed by nearly 40 years of experience.  

Contact us today at 251-433-6699 to request your free legal consultation. 

What Is Discovery in a Truck Accident Case? 

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If you are pursuing legal action after a trucking accident, understanding the different stages of the legal process can help you feel more confident navigating the unfamiliar road ahead. One important step in your case is discovery, in which both sides gather evidence and information to support their cases. 

A truck accident lawyer will share everything you need to know about discovery in truck accident cases and guide you through this process. 

Understanding the Discovery Phase of Your Truck Accident Case

Lawsuits are methodical processes that involve investigating a case from all angles and taking the time to collect accurate, factual evidence. The legal process generally follows this roadmap:

  1. Filing the complaint against the defendant
  2. Service of process and awaiting the defendant’s response
  3. Pre-trial discovery
  4. Motions and pre-trial hearings
  5. Preparing for trial
  6. Presenting evidence in court 

After you file a lawsuit and the defendant responds to the filing, the attorneys on both sides will have time to investigate the accident further and gather evidence to support the defendant’s negligence and your damages. Because truck accidents are often complex, the discovery process typically involves the acquisition of highly technical data and specialized documentation. 

Working with an attorney who has experience with truck accident cases can be crucial. They will know the right types of evidence to seek in your case and the proper legal methods for securing them. 

An attorney often starts the discovery process by sending a spoliation letter to the trucking company. This letter requests that the company preserve all evidence related to the accident so that it does not become lost or destroyed. 

Methods Used for Evidence Collection During Discovery 

Attorneys use several methods to gather evidence during the discovery process in a truck accident case. A few common methods include:

  • Interrogatories: These are written questions that one party sends to the other. The party answering the questions must do so under oath. Questions may cover topics like the truck company’s safety protocols, the truck’s maintenance history, the driver’s training, the cargo loading process, and more. 
  • Depositions: Similar to interrogatories, depositions involve answering questions under oath. The difference is that depositions are recorded, and either side can use the information they gather to support their cases. The parties providing sworn testimony in a deposition may include eyewitnesses, company representatives, the drivers involved, expert witnesses, and others who were involved in the accident. 
  • Requests for admission: To narrow down key details in the case, either side might send the other party requests for admission, in which they ask the party to admit or deny certain facts about the case. When both sides can confirm that they agree on certain facts, neither party will have to prove those points during trial, which can save a significant amount of time. 
  • Requests for production/documentation: Either side may also ask the other to provide specific documents related to the case, such as black box data, accident reports, maintenance logs, medical records, etc.  

As you can see, the discovery phase involves much more than just reviewing photos or videos of the accident. By requesting all relevant types of evidence during this stage, your attorney can adequately prepare for trial and represent you effectively in court if necessary. 

However, many truck accident lawsuits settle during or after the discovery phase. At this point, both parties have a clear understanding of the evidence and whether they can build a solid case. Either party might request to settle out of court and avoid the expense of a trial. Your attorney will represent you during any settlement negotiations to support your request for a fair settlement.

Types of Evidence Collected During Truck Accident Discovery 

During the discovery phase in a truck accident case, your attorney will gather any types of physical, digital, written, or recorded evidence to help support your case. This may include:

  • Photographs that show the vehicles and the accident scene after the crash 
  • Video footage of the accident from dash cams or security cameras
  • Police reports that include the details of the accident and any preliminary liability determinations 
  • Medical records that showcase any injuries incurred in the accident
  • Driver logs detailing how long the truck driver had been on duty and whether they were following FMCSA regulations for driving hours
  • Black box data showing the truck’s activity leading up to the crash, such as the depression of the brake pedal or the driver’s seatbelt use
  • Employment records providing evidence of the driver’s experience and history
  • Insurance policies detailing what the insurance should cover in the accident
  • Maintenance records showing when the vehicles had been serviced most recently and whether maintenance recommendations were followed
  • Cargo loading records indicating whether the truck was loaded safely and correctly
  • Witness testimonies from those who saw the accident
  • Legal documentation, such as copies of communications with other parties

All of this evidence can help paint a picture of how the accident happened. Your attorney will use them to support each of the four elements of negligence:

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

How Long Does the Discovery Process Take?

The length of the discovery process in your truck accident case can vary significantly, ranging from a few months to over a year. This process comes to an end when court-ordered deadlines are met and parties have exchanged all necessary evidence and completed depositions.

While there are often specific deadlines that apply to the discovery phase, they can be extended as needed if either side is still waiting for certain evidence, and if the court allows. The court’s schedule can also affect the length of the discovery process, as it will officially end when pre-trial motions and hearings take place, which can depend on court scheduling. 

Request a Legal Consultation for Your Truck Accident Case

Now that you know what discovery is in truck accident cases, you can feel more comfortable navigating the lawsuit process. If you are exploring your options after a truck accident, Jackson & Foster Law can provide legal guidance. Contact 251-433-6699 today for a free consultation. 

Does Wrongful Death Count as a Personal Injury?

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When your loved one was injured in a medical malpractice event, car accident, or similar type of incident, you may have originally considered pursuing a personal injury case. But now they have passed away, and you are wondering about your legal rights and options. 

You may have the right to pursue a wrongful death case on their behalf. Is wrongful death a personal injury, or are these two distinct types of legal cases? 

A personal injury lawyer in Mobile, AL, can provide a more personalized answer to this question based on the specific circumstances of your loved one’s death. While wrongful death and personal injury are similar concepts, they have some distinctions that you should be aware of. 

Wrongful Death and Personal Injury Have Similar Criteria

Wrongful death is a type of civil lawsuit filed by the estate representative (personal representative) of a person who died due to another party’s negligence, recklessness, or intentional act. Personal injury lawsuits are legal claims that arise when a person is injured due to another’s negligence, recklessness, or intentional act. As you can see, these two concepts have overlapping definitions. 

Wrongful death is similar to personal injury, but Alabama treats wrongful death as a distinct cause of action, not a personal injury claim. However, a rule of thumb for determining whether you may have a wrongful death case is assessing whether your loved one would have had a personal injury case had they survived the accident. Though this is a general way of looking at these situations, and each case should be evaluated on its own facts. Both types of claims may involve meeting the following criteria:

  • The defendant owed the plaintiff (or deceased person) a duty of care
  • The defendant breached the duty of care
  • The breach of duty of care caused an injury that led to damages 

Both of these cases can also arise from the same types of incidents, such as:

  • Car accidents
  • Pedestrian accidents
  • Medical malpractice
  • Product liability incidents
  • Slip-and-fall accidents

How Wrongful Death Differs From Traditional Personal Injury Cases

Wrongful death and personal injury claims both involve seeking compensation from a person or entity who is responsible for another person’s injuries and damages. They are both types of civil legal action that can escalate to court, if necessary, to reach a settlement or determination. 

Is wrongful death a personal injury? There are a few notable distinctions between these two claims:

  • Statute of limitations: The statute of limitations for a personal injury claim in Alabama is generally two years from the date of injury; for a wrongful death claim, it is generally two years from the date of death. Exceptions exist for both types of cases. 
  • Plaintiff: The plaintiff, or person pursuing a claim, in a personal injury case generally is the injured person. The plaintiff in a wrongful death case generally is a representative of the injured. In Alabama, in many cases, only the personal representative of the deceased person’s estate can file a wrongful death case, though the family members are often the ones who benefit. 
  • Damages: Personal injury damages seek to compensate the injured person for the losses they experienced from the injury, with a goal of making them “whole” again. They can include both economic and non-economic damages. In Alabama, the purpose of many wrongful death cases is to punish the liable party and set a precedent for others. Only punitive damages are available in many of these cases. 

What Happens if a Person Initiated a Personal Injury Claim Before They Died? 

In some cases, a person who was injured in an accident due to another person’s negligence passes away before they can see the outcome of their personal injury claim. Personal injury claims that have already been filed generally survive the death of the plaintiff; the plaintiff’s successor, such as their personal representative, can usually take over the claim and seek compensation on their behalf. 

If the plaintiff died due to their injuries from the accident they were initially seeking compensation for, the family might be eligible to pursue a separate wrongful death claim to seek punitive damages. Speak with a personal injury attorney about your rights and options in this scenario. 

Civil vs. Criminal Cases for Wrongful Death 

Wrongful death cases can sometimes involve criminal actions.. For example, manslaughter and murder can result in criminal charges, and the personal representative of the victim may also be able to pursue a wrongful death case. 

In some cases, the surviving family members must navigate both a criminal trial and a civil lawsuit at the same time. While the state is responsible for trying criminal cases, the family may still be involved as witnesses or want to attend the trial. An experienced wrongful death attorney can help the family seek wrongful death damages and navigate the civil litigation process during this overwhelming time. 

The Burden of Proof for Personal Injury and Wrongful Death Cases in Alabama

For both personal injury and wrongful death cases in Alabama, the plaintiff must prove through a “preponderance of evidence” that the defendant’s wrongdoing caused the injury or death. This means that the plaintiff must show that it is more likely than not, with over 50% probability, that the defendant’s actions caused the damages. 

This burden of proof is distinct from criminal cases involving death. For example, in Alabama homicide cases, the prosecution must prove guilt “beyond a reasonable doubt.” This means that in some cases, a defendant may be found not guilty for criminal acts involving death yet still be held liable for the decedent’s death through a civil claim. A wrongful death attorney can help you understand this legal distinction and whether you may have a viable civil case. 

Seek Legal Assistance With Wrongful Death Claims in Alabama 

Is wrongful death a personal injury? These two types of cases have many similarities and a few important distinctions. If your loved one passed away due to another person’s negligence or intentional act, an attorney can help you understand your rights and options. 

At Jackson & Foster Law, we represent clients through personal injury lawsuits, wrongful death claims, and related civil matters. For affordable legal services, request a free consultation today by calling 251-433-6699.

How To Prove Liability in Multi-Vehicle Pileup Cases 

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Being involved in a multi-vehicle pileup can be incredibly jarring. These accidents can happen in an instant, and it may not be initially clear who is to blame. Understanding the steps involved in proving liability in a multi-vehicle pileup case can help you begin to pinpoint who was at fault and explore your legal options. 

Let an experienced car accident attorney help you understand fault and your legal rights after this type of accident. 

Common Causes of Multi-Vehicle Accidents

Multi-vehicle accidents can happen for all sorts of reasons. Assessing the possible cause of your accident is an important first step in evaluating which party may have been liable. 

Common causes of these collisions include:

  • Following a vehicle too closely or tailgating
  • Changing lanes or passing other vehicles recklessly
  • Failing to yield the right-of-way
  • Speeding in hazardous conditions

When drivers make these errors in busy, congested areas or on roads with high speed limits, they may impact multiple other drivers and cause serious damage. 

Potential Liable Parties in a Multi-Vehicle Pileup 

Alabama follows a pure contributory negligence statute for assigning fault in car accidents. If someone is found to be even 1% at fault for their own accident, they may be barred from recovering any damages from other parties. This is unique from the comparative negligence doctrine that governs many other states and allows multiple parties to share fault. 

Proving liability in a multi-vehicle pileup case can often be challenging due to the large number of parties involved in these accidents. Any of these parties may have been liable, for example:

  • The front-most driver, for suddenly stopping in an unsafe area or making another dangerous maneuver that led to the collision
  • The rear-most driver, for rear-ending the driver in front of them and leading that car to crash into the vehicle in front of it, creating a chain-reaction collision 
  • A driver in the middle of the chain, for rear-ending a driver in front of them and causing the driver behind them to strike their vehicle as well
  • A vehicle manufacturer, for producing defective parts that led to a malfunction and caused the crash
  • A trucking company, for improper cargo loading, driver fatigue, or inadequate driver training, causing a dangerous situation that led to the accident 

Multiple drivers or parties may share liability for multi-car pileups, which can be complicated in states like Alabama that follow pure contributory negligence policies. For example, the person who rear-ended another vehicle may technically be liable because they should have left a safe following distance. But another party, such as the first driver in the chain, may also be liable for stopping so suddenly that the driver behind them could not have reasonably stopped in time. 

All of the drivers who share liability may be prohibited from seeking damages from other parties. 

Proving Liability in a Multi-Vehicle Pileup

Because Alabama’s fault laws are strict, it is even more important that you effectively prove when another driver or party was at fault in your accident. These actions can help you prove liability in your multi-vehicle pileup case. 

You can usually expect one or several police officers to arrive at the scene of a multi-car pileup. An officer likely created an accident report with the details of the crash, a sketch of the positions of all vehicles involved, driver statements, and other information. Some police reports also include the officer’s assessment of how the accident happened. This report can be a good starting point for fault determination. 

The insurance companies representing the drivers involved in the accident will reach their own liability determinations after reviewing the circumstances of the accident. If you disagree with these determinations, you can attempt to gather evidence to show that you were not responsible for the accident. Compelling evidence might include:

  • Eyewitness testimony pointing to how the accident started, such as one driver rear-ending another 
  • Photos of the accident scene that show the positions of each vehicle and the damage they experienced to help paint a picture of how the accident happened
  • Dashcam footage of the accident, which can be extremely helpful if available
  • Testimony from accident reconstructionists, who review the evidence in an accident and recreate it using software to determine how it happened 
  • Black box data from the vehicles involved in the accident, which can help support the accident reconstruction

How an Attorney Can Assist You 

Proving liability in a multi-vehicle pileup is an overwhelming task, especially while you are recovering from significant injuries and the emotional trauma of the accident. A car accident attorney can take some of this burden off your shoulders by investigating the accident for you and evaluating what types of evidence may be helpful in establishing fault. 

They can communicate with the insurance company on your behalf and appeal or negotiate claim decisions that are unfair, presenting additional evidence to show the insurance company that you were in no way responsible for the accident. 

Your attorney can also assist with tasks such as:

  • Filing your claim with the insurance company
  • Gathering and submitting all necessary documentation
  • Communicating with the other parties and their insurance companies
  • Preparing all evidence to support your claim
  • Coordinating with medical professionals and eyewitnesses for testimony collection
  • Representing you in court, if necessary 
  • Estimating your damages and seeking a compensation amount that attempts to cover all expenses 

You can focus on recovering from injuries while your attorney handles these steps for you. 

Seek Legal Assistance With Your Multi-Vehicle Pileup Case

Hiring a lawyer can be helpful as you navigate the aftermath of an accident involving multiple other vehicles. Whether you need help proving liability in your multi-vehicle pileup case or simply with navigating the insurance claims process, an attorney can provide guidance and help you understand your legal rights. 

Jackson & Foster Law represents car accident victims in Mobile, AL. We focus on providing affordable representation to make our services accessible to more clients.

Contact us today at 251-433-6699 to request a free consultation with our car accident attorneys. 

How To Prove Liability in Truck Accidents Caused by Improper Loading 

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When semi-trucks are not loaded properly, they can quickly become unbalanced, leading drivers to lose control of their vehicles and cause accidents. Proving liability in truck accidents due to improper loading can sometimes be challenging, as several parties might be liable for this conduct. 

An experienced truck accident lawyer in Mobile, AL, can help you assess liability in your case and understand what types of evidence may be helpful. 

Why Do Accidents Happen When a Truck Is Loaded Improperly? 

Truck drivers and other workers should follow strict protocols under Federal Motor Carrier Safety Regulations for loading trucks with cargo. When cargo is not secured and balanced in the truck, it can shift during transport. This can cause the bulk of the weight to slide to one side of the truck, throwing the truck off balance and causing the driver to lose control of the vehicle. 

When cargo is not secured properly in a truck, it is also at risk of falling off the truck, entering the roadway, and causing drivers to collide with it or with other drivers in an attempt to avoid the cargo. Uneven weight distribution can also lead to truck rollover accidents; if one side of the truck has too much weight, a sharp turn can set the truck off balance and lead it to fall onto its side. 

Common Causes of Unsecured Cargo or Improper Loading Accidents

When cargo is not loaded properly in a semi-truck, causing an accident, someone may be liable for this conduct. Pinpointing the exact reason for the unsecured or improper loading is important for determining who may be liable. 

A few common reasons these accidents happen may include:

  • The truck’s or trailer’s weight limit was exceeded.
  • The truck does not have the correct equipment to secure that type of cargo.
  • The driver or cargo loader did not arrange the cargo correctly in the truck. 
  • The straps or tie-downs were faulty, causing them to fail.
  • The door was not latched correctly, or the door latch mechanism was faulty.

Potential Parties Liable for Improper Loading 

If you want to pursue a legal case after an improper loading accident, it is important to assess who might be liable for the accident. The following are a few examples of potential liable parties:

  • The truck driver: The truck driver may be liable for the accident if they failed to load the cargo properly or made other mistakes during operation that contributed to the accident, such as driving while distracted or under the influence of alcohol. 
  • The truck company: Truck companies often assume vicarious liability for their drivers. The truck company may be held directly liable if it failed to properly train or supervise employees, or if it encouraged unsafe loading practices to meet deadlines.
  • A loader or shipper: Sometimes, third parties are responsible for loading semi-trucks. 
  • A manufacturer: If the cargo load shifted due to an equipment malfunction, the manufacturer may be responsible under product liability law.
  • A repair or maintenance company: A company that was responsible for repairing or maintaining an essential component of the cargo loading system may also be responsible for an accident. 

How To Establish Liability for Improper Loading 

Alabama follows a contributory negligence rule for determining fault in truck accident lawsuits. Under this strict policy, a person may not be able to recover compensation if they are found to be even 1% at fault for their own injury. Therefore, it may be important to establish another party’s liability in your accident and show that you were not in any way to blame for your injuries.

A truck accident attorney can help you understand how to prove liability in truck accidents due to improper loading. Collecting different types of evidence from the accident can help you paint a picture of how it happened and trace back who might be responsible. Such evidence might include:

  • Cargo loading logs: Logs of who was responsible for cargo securement and when can help you assess where the error that led to shifting cargo may have occurred. 
  • Black box data from the truck: Modern trucks have electronic data recording systems that record information like speed, braking, and steering. This data can help you understand the driver’s actions leading up to the accident. 
  • Photos and videos from the accident: Any photos from the accident, especially ones showing the placement of cargo in the truck, can also be helpful in building a case. Videos that show the accident happening, such as security camera or dashcam footage, can highlight the truck fishtailing or making other uncontrolled movements that may indicate uneven weight distribution. 
  • Witness testimony: If any other drivers witnessed the accident, they can attest to how the truck collided with your vehicle. For example, if they witnessed the truck fishtailing, this can further support the cause of improper loading. 

It may not be entirely necessary for you to prove that the accident was caused by improper loading, depending on the circumstances. If the truck driver was clearly responsible for the accident, it may be up to the truck company to determine liability. Proving that you were not in any way responsible for the accident may be more important on your part, and the above types of evidence can also help you support this case. 

Seek Legal Assistance With Your Truck Accident Case

Truck accident cases are often complex, and pinpointing liability can be challenging, no matter the circumstances. But truck accidents due to improper loading may be even more difficult to prove. 

An experienced truck accident attorney can help you assess potential liability in your case and explore your options for seeking compensation. Such lawyers have extensive experience collecting evidence in truck accident cases and can use their knowledge to support your case. 

At Jackson & Foster Law, we represent victims of truck accidents across the Mobile, AL, area. Whether you are wondering what to do after a truck accident or need help navigating a compensation claim, request a consultation today by calling 251-433-6699.

Myths About Personal Injury Claims in Mobile, AL

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When you get hurt, you may hear a lot of conflicting advice, between social media, TV shows, and “a friend who once had a claim.” Unless you consult with a Mobile personal injury claim attorney who understands the law and the claim process, it’s easy to get confused.

People often come to us with misconceptions, so it’s essential to clarify some of the most common personal injury myths.

Myth #1: The Outcome Will Be the Same Whether or Not You Have an Attorney 

It might seem simple: file a claim, get a check, move on. But personal injury claims are rarely that straightforward. Without experienced guidance, you may end up accepting a settlement that doesn’t fully reflect the extent of your losses.

A personal injury lawyer who understands how to gather evidence and negotiate effectively can help you protect your interests.

Myth #2: Hiring a Lawyer Is Expensive

Assumptions about the cost of hiring an attorney deter many people from seeking help with their claims. 

However, most personal injury attorneys don’t require clients to pay anything up front. They work on a contingency basis, and only get paid a pre-determined percentage of the settlement amount if they recover money for you. In most cases, if no compensation is recovered, clients typically do not owe attorney fees.

Myth #3: Every Personal Injury Case Goes to Court

The majority of personal injury claims settle out of court through negotiation or mediation. Trials are generally the last resort when both parties are unable to reach an agreement.

Attorneys typically seek an injury settlement first, as going to trial can take months (or years). Reaching an agreement early often benefits everyone involved. That said, your lawyer should be prepared to go to court and argue on your behalf.

Myth #4: Minor Injuries Aren’t Worth a Claim

Even injuries that seem minor at first can develop into major problems over time, disrupting your life and ability to work. A slight back strain, whiplash, or concussion may not seem serious at first. Still, lasting pain or complications can result in significant expenses, financial losses, and time away from work, diminishing your quality of life.

Negligence law is designed to provide a legal remedy in these situations. If someone else’s carelessness caused your injury, you may have the right to pursue legal compensation, depending on the circumstances of your injury.

Myth #5: The Insurance Company Will Always Treat You Fairly

Many people assume that insurance companies will act in their best interests, but this is one of the biggest (and most detrimental) personal injury myths.

Insurance companies aim to generate revenue and maximize profits, just like any other business. 

In practice, this can mean that they might downplay your injuries, question your medical treatment, or even suggest the accident was partly your fault to reduce their liability. The result can be a denied claim or a settlement offer that isn’t equal to your losses.

Personal injury lawyers understand accident liability and Alabama law and can deal with the insurance company to help ensure that the process is handled appropriately. 

Myth #6: You Can File a Claim Anytime

This personal injury myth often catches people off guard. Alabama law typically allows two years from the date of the accident to file personal injury claims. Missing that deadline could mean losing your right to recover compensation entirely.

There are exceptions, but they’re rare. In any case, if you believe you have a case, it may be important to make the claim as soon as possible. Evidence fades, witnesses move away, and memories blur, so acting quickly can help preserve evidence and strengthen your position.

That said, you don’t need to sue immediately. Many claims begin with a demand letter or negotiation phase before a lawsuit is filed. However, it’s worth consulting with an attorney early on to understand your rights and begin building your case. This way, if the insurance company denies the claim or makes a lowball offer, you are ready to go to court if necessary.

Myth #7: You’ll Receive a Substantial Financial Recovery Just Because You Were Hurt

Some personal injury cases result in six- or seven-figure settlements, but not every claim leads to a large payout. The amount of legal compensation may depend on various factors including the severity of your injuries, medical costs and lost wages.

Why You Need To Know the Truth About These Myths 

Believing these personal injury myths can affect your ability to secure a fair settlement after an accident. Not only can misinformation about the process and the potential award amount set up unreasonable expectations, but you might take steps that unintentionally weaken your case. For instance, you might accept a low offer, delay action for too long, or fail to document key evidence, all of which can affect your position and the potential outcome of your case.

At Jackson & Foster Law, we’ve seen how confusion can make an already difficult time even harder. Our goal is to help clients in Mobile, AL, understand their rights and make informed decisions about their cases.

Talk to a Mobile, AL, Personal Injury Lawyer Today

If you’ve been injured in an accident and aren’t sure what to believe, you don’t have to figure it out alone. The team at Jackson & Foster Law can help you cut through the confusion, explain your options, and guide you toward the next steps.

Whether your injuries are due to a car accident, a slip and fall, or you’re dealing with a case of medical negligence, the team will guide you through each stage of the process.

Contact us today at 251-433-6699 to request a confidential consultation about your personal injury claim and learn the truth about common personal injury myths and your rights under Alabama law.

How Long Does a Medical Malpractice Lawsuit Take?

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When you believe you’ve suffered harm because of a possible medical error, one of the first questions you may ask a Jackson & Foster Law attorney is, “How long does a medical malpractice lawsuit take?” It’s a fair question, as you likely want answers and a resolution as soon as possible. 

Unfortunately, medical malpractice cases are rarely quick. They can take months or even years, depending on the complexity of the claim, the parties’ willingness to negotiate, and the court’s schedule.

Here’s what you can expect, including how to prepare, the duration of each phase, and steps that may help expedite the process.

Pre-Suit Preparation and Investigation

Before your lawyer ever files a claim, there’s important groundwork to be done. This early phase is all about investigation and strategy.

Your attorney may begin by reviewing your medical records, consulting with experts, and determining whether your case falls within Alabama’s statute of limitations, which is the legal window for filing a malpractice claim. 

The pre-suit phase may also include a case evaluation, during which your lawyer seeks to identify the following key elements:

  • There was a doctor-patient relationship.
  • The provider did not meet the standard of care.
  • That failure caused your injury.
  • You suffered damages as a result.

Medical malpractice is a technical area of law, so your attorney will likely consult expert witnesses. These are most often licensed medical professionals who can evaluate your case and provide expert opinions. 

Filing the Lawsuit and Initial Responses

Once your attorney has the evidence and expert support needed, they’ll file the formal complaint with the court. The defendant then has a set amount of time (typically 30 days) to respond after being served.

Their response may be to deny wrongdoing, claim the statute of limitations has expired, or even suggest another cause for your injury. In some cases, multiple defendants are involved, which can lengthen the early stages.

The Discovery Process

Often the discovery process starts after attorneys file the initial lawsuit paperwork. This is often the longest part of any malpractice lawsuit.

During discovery, the plaintiff and the defendant share information and evidence. This includes:

  • Written questions (interrogatories)
  • Document requests for medical records, hospital policies, or other relevant information
  • Depositions, where witnesses and experts give sworn testimony

This phase can reveal new information that strengthens your case or provides the defense with more material to challenge it. Expert witness testimony becomes crucial here, as both sides will rely on medical professionals to explain medical malpractice mistakes.

Discovery in a medical malpractice case can take as long as six months to a year, and sometimes longer, particularly in complex cases or when multiple medical experts are involved.

Settlement Negotiations

Throughout the lawsuit, both parties may engage in settlement negotiations. A settlement can happen at almost any point, even mid-trial.

Settlements are common in malpractice cases because trials can be risky and expensive for both sides. Your attorney will negotiate with the defense or their insurance company and work to reach a fair agreement.

If both parties agree, your case can be resolved much faster. However, if negotiations fail, your case will proceed to trial.

The Court Trial Timeline

If your case goes to court, be prepared to wait for a resolution. Trials may require scheduling, jury selection, and extensive preparation by both sides. Even once scheduled, court dates can be postponed due to crowded dockets or procedural delays.

During the trial, your attorney presents evidence, expert witness testimony, and arguments to the jury. The defense will do the same. It can take anywhere from a few days to several weeks to present both sides of the case.

Afterward, the jury deliberates and reaches a verdict. If the court or jury finds that malpractice occurred, it could award damages. However, the defense may appeal the decision, which can extend the process for additional months or even years.

So, how long does a medical malpractice lawsuit take? Generally, a medical malpractice lawsuit that goes to trial can take anywhere from two to three years, or longer, to resolve.

What Plaintiffs Can Do To Help Streamline the Process

While some delays are out of your control, there are ways to help keep your case moving forward:

  • Stay organized. Keep copies of all documents, including medical records, bills, and correspondence from the insurance company, provider, or other relevant parties.
  • Respond promptly to your attorney’s requests for information or signatures.
  • Be honest and thorough when describing your medical history and symptoms.
  • Be patient. Rushing the process can hurt your outcome, especially if your attorney needs more time to strengthen your case.

The Big Picture: How Long Does a Medical Malpractice Lawsuit Take?

Every case is different, but here’s a rough overview of the typical malpractice lawsuit timeline:

StageEstimated Timeline
Pre-suit investigationThree to six months
Filing and responseOne to three months
DiscoverySix to 12 months
Settlement negotiationsOngoing
Trial and verdictSix to 12 months (if necessary)

The total estimated duration may range from 18 months to three years.

While it can feel lengthy, the process allows your attorney to carefully review the evidence and present a well-supported case.

Consult Jackson & Foster Law About Possible Malpractice 

If you’re asking, “How long does a medical malpractice lawsuit take?” the honest answer is, it depends. Factors like choosing a medical malpractice lawyer, the discovery process, expert witness testimony, and settlement negotiations all influence the timeline.

At Jackson & Foster Law, we help people in Mobile, AL, understand what to expect and prepare for every stage. Our attorneys focus on thorough investigation and strategic advocacy throughout the process.

To request a confidential case review, call (251) 433-6699 to schedule your appointment.

Does Bad Weather Affect Auto Accident Claims?

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If you’re involved in a wreck when it’s raining, snowing, or hailing, the other driver may claim that the bad weather caused the accident, rather than their own negligence. Mother Nature can’t pay for your damages, so what do you do in this situation? Bad-weather car accidents are quite common in Alabama, as our state sees tropical storms, hurricanes, severe thunderstorms, tornadoes, frequent flooding, and even the occasional winter storm. 

Below, a car accident attorney in Mobile, AL, from Jackson & Foster Law explains how severe weather affects auto accident claims.

How Can Bad Weather Contribute to Car Accidents?

Bad weather increases the risks of auto collisions, as road conditions become hazardous and visibility decreases. The Federal Highway Administration reports that 12% of the over 6 million car accidents per year are weather-related.

Rain and mist can make it challenging for drivers to judge stopping distances. When accumulation floods, vehicles often lose traction, causing them to swerve. When combined with an overnight freeze, snow, or hail, road surfaces may become slick, creating extreme hazards for vehicles without winter-rated tires. 

Wind can be an unexpected danger, especially for tall vehicles. High winds from tornadoes or hurricanes can inhibit steering abilities, push vehicles out of their lanes, and even flip them over. 

How Can Drivers Contribute to Weather-Related Car Accidents?

With all of this being said, drivers are still responsible for mitigating weather hazards when they get behind the wheel. Many bad-weather car accidents do not happen because of the poor conditions but because of the way a driver responded (or failed to respond) to these hazards. Negligence happens during severe weather events when a driver fails to exercise the reasonable caution needed to keep themselves and others safe. 

Here are examples of driver negligence during severe weather:

  • Speeding: When severe weather hits Mobile, it’s expected that we all slow down to a reasonably safe speed. Going faster than the posted limit or significantly faster than the flow of traffic during bad weather increases the risk of an accident. 
  • Tailgating: Stopping distances often increase during bad weather, as visibility goes down and roads become slick. If a driver follows too closely to the vehicle in front of them and rear-ends it, they may bear responsibility for the accident, even if the weather was bad. 
  • Improper headlight or taillight use: Drivers must use their lights correctly during rain, snow, and fog conditions so other cars can see them and respond appropriately. Failing to turn your lights on or off can potentially lead to a collision. 
  • Using ineffective tires, wipers, or brakes: You need the right car safety know-how to navigate severe weather conditions. In Alabama, this includes safe brakes, tires with good tread, and effective wipers. Attempting to drive in severe weather with worn-out wipers or bald tires could contribute to an accident. 
  • Reckless driving: Things like texting or driving under the influence are subject to the same legal consequences regardless of weather conditions. While a snowstorm could increase risks of a wreck, drivers owe a duty of care to everyone else on the road to operate their vehicles responsibly. If they fail to do so by driving while tired, distracted, or something similar, they may bear responsibility for the accident. 

Does Severe Weather Excuse Driver Liability?

No, severe weather does not immediately excuse drivers from being liable for a car accident. In a bad-weather car accident, insurance companies still typically review who was at fault for the accident.

If one or multiple drivers failed to exercise appropriate caution during these severe conditions, though, they may be held liable for the accident. 

In Mobile, this liability determination can significantly affect insurance coverage and personal injury claims. Alabama is a strict contributory negligence state, meaning plaintiffs are barred from compensation if they’re found even 1% at fault for the accident.

In weather-related accidents, insurers or defense teams may attempt to argue that you contributed to the wreck in various ways to minimize their financial liability. If you face claim denials or liability accusations, consulting an attorney can help clarify your options.  

How Insurance Companies Review Weather-Related Accidents

The claims process in a bad-weather car accident can be relatively complex. Insurers review all circumstances of the crash to determine whether any parties can be held responsible. Since bad weather cannot pay for your damages, they often look beyond hazardous conditions to see how drivers responded to them. 

For example, if one driver rear-ends another vehicle during a storm, they may claim that they lost control because of slippery road conditions. Still, the investigation might examine the speed at which they were driving and their following distance to determine whether they contributed to the accident. 

The other driver’s insurer may blame the weather to reduce their policyholder’s liability, or they could attempt to hold you accountable for the accident. In such situations, it may be helpful to consult an attorney. 

Documenting Conditions After Your Accident

If you’re involved in a bad-weather car accident, it’s important to document the conditions before leaving the scene. This may help your insurance claim or potential lawsuit later on. Try to take photos of the following if possible:

  • Any hazardous road conditions (ice, flooding, potholes, road defects, etc.)
  • Active precipitation, poor visibility, or any other type of weather
  • Nearby traffic signs or lights (stop signs, speed limits, etc.) 

You can also take a screenshot of the weather app on your phone at the time of the accident, noting any particular conditions, such as heavy rain, high winds, flooding alerts, or low visibility warnings. 

Do You Need Help With Your Car Accident Claim?

Now that we’ve discussed bad-weather car accidents, learn about the potential benefits of hiring personal injury lawyers. If you need help navigating a claim, call Jackson & Foster Law at (251) 433-6699 to schedule a consultation. 

What To Do After a Truck Accident in Mobile, AL

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Being involved in an accident with a commercial truck can be highly confusing and overwhelming. Your adrenaline may produce a fight-or-flight response, making it challenging to know how to protect your rights and potential future claim. Below, an attorney from Jackson & Foster Law outlines what to do after a truck accident. 

Move to a Safe Area

If allowed by law, immediately after the accident, move your vehicle to a safe area away from traffic if you’re able to do so. If you cannot operate your vehicle, exit it immediately if safe to do so and move yourself to a safe location. 

A truck accident can be highly traumatic, so it’s important to calm your breathing and avoid panicking. This will allow you to assess the situation with a clearer head, which is important for your safety and that of those around you. 

Call 911 or Local Authorities

Many drivers are unsure of what to do after a truck accident or who to contact. In Alabama, you are legally required to report vehicle collisions to the police if they result in injury, death, or property damage of over $250. Because of this, you must notify authorities after the accident, even if the damages seem relatively minor.

If anyone appears injured, calling 911 is typically the safest course of action. If no one seems injured, you may call the local police department, and they will dispatch officers to the accident scene to typically create a report. A police report often includes useful information, such as the names of involved parties and a summary of the incident.

If you contacted 911 after the accident, be sure to listen to the medical advice from the responding EMTs or paramedics. If they recommend that you go to the hospital, it’s generally wise to follow their guidance for your safety and to ensure your condition is properly documented.

Seek Medical Attention

Even if you feel fine, a medical evaluation can help identify injuries that may not be immediately apparent. The adrenaline following a truck accident can mask symptoms, making it challenging to know the true nature of your injuries. You might feel fine for the first few hours or days following the crash despite having a severe strain, traumatic brain injury, rib fracture, internal bleeding, etc. 

We recommend seeing a doctor as soon as possible if your injuries warrant it, as this may support your claim and prevent your injury from worsening. Failing to seek medical attention may create complications with your insurance company, especially if your condition worsens in the coming weeks. Your insurer may argue that your injury developed after the accident or that you contributed to your injury by not seeking prompt care. 

For severe injuries, seek emergency care. For minor concerns, you may want to try to go to the doctor or urgent care.

Gather Information From Witnesses and Involved Parties

Understanding what to do after a truck accident also means taking steps to support your future claim, if possible. If any witnesses saw the accident, they may be helpful later on in your case. You may want to ask them if they’re willing to share their contact information or a statement for your police report.

You should also gather all contact details and insurance information from the other driver and any other involved parties. In a commercial trucking collision, you may need their employer’s name and phone number as well. 

Document the Scene

Accident evidence is important when pursuing truck accident compensation. Evidence can be challenging to gather, though, as accidents are quickly cleaned up. Because of this, you need to document the scene before leaving if you’re able to. 

We recommend taking photographs of:

  • Your injuries
  • Damages to your vehicle and the truck
  • Any nearby road signs or traffic lights (speed limit, yield sign, etc.)
  • The weather conditions at the time of the accident (rain, snow, hail, etc.)
  • Any relevant road conditions (potholes, defects, etc.)

Contact Your Insurer but Speak Carefully

Once home, you should contact your insurance company to report the accident. This step is important, regardless of who caused the collision. Many insurers in Alabama require you to report accidents within 30 days, though doing so early can be helpful.

As you initiate the claims process, you must be truthful in all of the answers that you provide, but it’s important to avoid admitting fault. Insurers may ask you confusing questions with the goal of minimizing their financial liability. Providing a slightly different statement to an insurer compared to your police report could create complications in your claim. 

Follow All Recommendations From Your Doctor

As you progress through the recovery process for any injuries, it’s important to listen to your doctor’s recommendations on necessary treatments, procedures, medications, rehabilitation, etc. Failing to abide by these recommendations may harm your claim or put your health at risk. 

Be sure to keep all documentation relating to your diagnosis and medical expenses. 

Seek Legal Representation

Navigating a truck accident claim in Mobile is incredibly complex. Alabama follows strict contributory negligence laws, meaning that you are barred from pursuing compensation if you’re found even 1% liable for the accident. Insurers and defense teams may use this law to their advantage, often attempting to make victims assume partial liability for accidents to minimize their financial burden. 

An attorney experienced in Alabama’s trucking laws can help you understand your rights and potential liability under the law. They can help you evaluate your legal options and pursue a claim where appropriate. Consider consulting an attorney after your accident to discuss your options. 

Do You Need Help With Your Truck Accident Claim?

Now you know what to do after a truck accident. Next, learn about personal injury claim mistakes. If you need to consult a lawyer about a recent accident, call Jackson & Foster Law at (251) 433-6699 to discuss your case.

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 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. 

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.