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Faye Murry

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

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

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

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

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

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

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

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

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

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

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

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

Defendants Will Use Your Words Against You 

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

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

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

Photos Tell a Story  

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

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

You Might Accidentally Admit Fault

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

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

Friends and Family Can Hurt Your Case, Too

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

What To Do Instead To Protect Your Case 

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

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

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

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

Consult Jackson & Foster Law About Your Car Accident Case

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

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

What To Do If Your Personal Injury Claim Is Denied

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

Determine Why the Claim Was Denied

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

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

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

Collect More Evidence Supporting Your Claim

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

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

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

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

Consider Taking Legal Action With a Personal Injury Lawsuit

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

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

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

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

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

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

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

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

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

Consult a Personal Injury Attorney From Jackson & Foster Law 

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

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

How To Know If You Have a Medical Malpractice Case

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

Common Reasons Why People File Medical Malpractice Lawsuits

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

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

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

Key Elements Lawyers May Look for in a Medical Malpractice Case

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

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

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

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

The Importance of Patient Injury Evidence in Medical Malpractice Cases

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

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

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

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

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

You Experience Complications After Treatment

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

Your Doctor Never Follows Up

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

The Facility Is Understaffed

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

Consult Jackson & Foster Law for Legal Advice Regarding Malpractice Lawsuits

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

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

Can You Sue a Nursing Home for Abuse? 

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

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

What Is Nursing Home Negligence? 

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

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

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

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

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

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

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

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

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

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

Consult Jackson & Foster Law 

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

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

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

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

Are Slip-and-Fall Cases Hard To Win? 

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

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

Exploring the Difficulty of Winning Slip-and-Fall Cases

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

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

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

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

Factors Affecting How Difficult Your Case Is To Win 

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

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

How To Prove Fault and Bolster Your Case 

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

Show That a Hazard Existed on the Property 

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

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

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

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

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

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

Understand That Contributory Negligence May Factor In 

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

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

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

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

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

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

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

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

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

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

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

Element 1: Duty of Care

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

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

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

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

Element 2: Breach of Duty

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

Examples of breach of duty may include:

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

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

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

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

You need to understand two main elements of causation: 

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

Element 4: Damages (Compensatory and Punitive Damages)

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

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

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

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

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

  • Pain and suffering
  • Mental anguish

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

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

Let Our Attorneys Help You Prove the Four Elements of Negligence

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

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

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

Can You Sue for Medical Malpractice in Mobile, AL? 

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

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

What Is the Legal Definition of Malpractice? 

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

Any of the following providers may face medical malpractice claims: 

  • Nurses
  • Doctors
  • Healthcare facilities
  • Anesthesiologists
  • Pharmacists

Understanding the Grounds for a Medical Malpractice Lawsuit 

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

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

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

Determining Fault in a Malpractice Case

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

Any of the following parties may be liable: 

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

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

How To Seek Compensation for Medical Malpractice  

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

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

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

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

Meanwhile, non-economic expenses may encompass:

  • Pain and suffering
  • Mental anguish

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

We May Be Able To Help You Sue for Medical Malpractice 

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

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

Understanding Your Rights After a Car Insurance Claim Denial 

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

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

Reasons an Insurer Might Deny a Car Insurance Claim

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

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

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

What To Do After a Car Insurance Claim Denial

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

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

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

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

Let Jackson & Foster Law Guide Your Next Steps 

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

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

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

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

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

What Is a Police Report for an Accident Claim? 

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

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

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

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

What Does the Police Report Include? 

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

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

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

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

How Does the Police Report Help Your Insurance Claim?

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

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

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

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

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

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

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

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

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

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

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

Seek Assistance With Your Insurance Claim Through Jackson & Foster Law 

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

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

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

Statute of Limitations for Personal Injury Cases

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If you want to pursue legal action after a personal injury accident, you’ll need to do so within the statute of limitations. This is a legal deadline for filing lawsuits. It ensures that parties take legal action within a reasonable timeframe after an accident while evidence is fresh. 

Understanding the statute of limitations for personal injury in Alabama can help protect your right to compensation. An experienced personal injury attorney in Mobile, AL, can help you adhere to all relevant deadlines and keep your case on track. 

Why Are Statutes of Limitations in Place? 

Why does the government place a deadline on the amount of time you have to take legal action? You may initially see the statute of limitations for personal injury as unfair or unnecessary. Yet many benefits arise from the statutes of limitations that make this rule necessary for the majority of legal cases, including the following:

  • Protects defendants against unfair legal action: Placing a deadline on legal action prevents plaintiffs from taking unfair or unreasonable action against defendants when they may no longer have access to the evidence or resources necessary to defend themselves. 
  • Ensures that lawsuits happen while evidence is fresh: Taking legal action while evidence is still readily available makes the process easier for all parties involved. The longer you wait, the less evidence you will have to directly tie the defendant’s actions to your accident and injuries. 
  • Promotes prompt action: The aftermath of a personal injury accident can be burdensome, and you may feel tempted to delay the legal process as long as possible or until you are “ready.” The statute of limitations for personal injury helps encourage plaintiffs to take prompt legal action instead of continually delaying the process. 
  • Creates closure: The filing deadline helps create closure for all parties involved. The defendant won’t have to wonder whether you will take legal action years down the road, and you won’t have to ask “What if?” about pursuing compensation in the future. 

What Is the Statute of Limitations for Personal Injury in Alabama? 

Each state sets its own statute of limitations for different types of personal injury cases. In Alabama, the statute of limitations is generally two years from the date of injury. This applies to all of the following types of cases:

  • Car accidents
  • Slip-and-fall accidents
  • Premises liability incidents
  • Medical malpractice incidents
  • Product liability cases
  • Wrongful death 

Meanwhile, the statute of limitations for those under a contract is, in a number of situations, six years. 

The clock typically starts ticking for the statute of limitations on the day the injury happened. 

If this legal timeframe has already passed, talk to an experienced personal injury attorney about your options. 

What Do You Have To Do Before the Statute of Limitations Deadline? 

The statute of limitations is essentially a filing deadline. You do not have to complete your legal case within two years of the accident date; instead, you simply need to file your lawsuit by this deadline. 

A skilled personal injury attorney can walk you through these steps and ensure you adhere to the statute of limitations for personal injury. 

Exceptions to the Statute of Limitations 

If the two-year deadline has already passed since your personal injury accident, explore the possibility of meeting one of Alabama’s exceptions to this rule. A few instances may allow you to extend the statute of limitations, depending on the case, such as: 

  • Legal disability: Under Alabama law, if you were experiencing “legal disability” for any period after the accident, the clock may not start ticking until you were declared mentally sound. 
  • Underaged: If you were under the age of 19 when the accident happened, you may have until two years after your 19th birthday to file negligence claims. 

What If You Don’t Qualify for Any Exceptions to the Statute of Limitations? 

Alabama’s statutes of limitations are strict, and few exceptions exist to this deadline. If two years have passed since your accident and you don’t qualify for any exceptions, it may still be worth reaching out to a personal injury attorney for guidance on your next steps. They may be able to verify whether you still may be eligible for compensation. 

If two years have not yet passed since your accident, schedule a case evaluation with a qualified Alabama attorney as soon as possible. They can review your personal injury accident and advise you on your potential case outcomes from a lawsuit. If they believe you have a solid case, you can file your lawsuit and avoid missing the deadline. 

Jackson & Foster Law: Experienced Personal Injury Attorneys in Mobile, AL

Adhering to the statute of limitations for personal injury is an important step in seeking compensation after an accident. Hiring a qualified attorney is another. 

At Jackson & Foster Law, we skillfully represent accident victims across the greater Mobile, AL, area. We can help you seek comprehensive damages to cover your medical bills, property damage, pain and suffering, and more. 

We offer affordable legal assistance with low fees, backed by nearly 40 years of experience as practicing trial lawyers. Contact us today at 251-433-6699 to schedule a case evaluation.

Who Can Be Sued in a Motorcycle Accident Case? 

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After a motorcycle accident in Mobile, AL, you’ll want to explore all your outlets for compensation. An insurance claim may provide you with the funds to cover some of your expenses in the accident, but it may not completely encompass all of your damages. Instead, a motorcycle accident lawsuit can help you improve your chances of walking away with adequate compensation to begin moving forward. 

But who can you sue in a motorcycle accident case? Determining the liable party is the first step. An experienced motorcycle accident attorney can help you navigate this process. 

Alabama’s Contributory Negligence Policy and Your Motorcycle Accident Case

Before pursuing legal action in the wake of a motorcycle accident, be sure you understand Alabama’s contributory negligence policy. 

Under contributory negligence, you may not be able to collect compensation for an accident if you were in any way responsible for your injuries. This means if an insurance company or judge finds you even 1% negligent for your injuries, your opportunity to pursue compensation may be lost. 

You will need to show that one or more other parties were responsible for your accident or injuries.

Potential Liable Parties in a Motorcycle Accident

Several different parties may have a legal responsibility to provide compensation for a motorcycle accident in Alabama. Consider whether any of the following parties may have played a role in your accident:

  • Another driver: Did another driver strike you, merge into your lane, cut you off, or otherwise cause an accident? Did multiple drivers contribute to an accident that you landed in the middle of? 
  • A manufacturer: Perhaps a vehicle manufacturer played a role in your accident if it involved a mechanical malfunction. 
  • A repair shop: If an auto body shop repaired your motorcycle incorrectly, causing a malfunction, it may be partially liable. 
  • A company that employed a driver: If another motorist who was responsible for your accident was driving a work vehicle, you may need to submit insurance claims and pursue liability through the company itself, not just the driver. 

How To Determine Who To Sue After a Motorcycle Accident

Motorcycle accident cases can be complex, and there is not always one party clearly responsible for the crash. Your motorcycle accident attorney can help you determine who to sue and help prove their liability through all of the following actions: 

  • Reviewing accident footage and photos to gain an understanding of how the crash happened
  • Requesting black box footage from any commercial vehicles involved in the crash
  • Speaking with witnesses and asking them to record testimony for your case
  • Acquiring a copy of the police report and reviewing the officer’s initial analysis of the crash 
  • Communicating with the insurance company about its fault determination 
  • Asking an accident reconstructionist to investigate how the crash occurred

Through these measures, your accident attorney can collect evidence to use as part of your motorcycle accident case. 

Lawsuit vs. Insurance Claim: Which Should You Pursue? 

Taking legal action after a motorcycle accident may seem like the logical next step. But in some cases, a lawsuit is not necessary and will only cost you time and money. Some motorcycle accident victims secure adequate compensation through an insurance claim. 

Your first step may be to file a claim with the liable party’s insurance company. Submit evidence of your damages, including your medical bills, time off work, and physical damage to your bike. Await the insurer’s offer. 

If the insurance company neglects to provide a reasonable offer, you may be able to negotiate a higher one with the help of a motorcycle accident attorney. But if your negotiations fail or the defendant’s insurance policy is not worth enough to cover all your damages, your next step may be to take legal action. 

Rely on your attorney to advise you throughout this process. 

Potential Compensation You Can Seek in Your Motorcycle Accident Case

If your attorney agrees you should sue the liable party in your motorcycle accident case, you may have the right to pursue a few different types of compensation. 

Economic damages are the direct monetary expenses you incurred from the accident. They may include: 

  • Medical bills
  • Lost wages
  • Physical damage to your motorcycle
  • Loss of future earning capacity

You can seek non-economic damages as well, which help make up for the emotional and physical toll the accident has taken on your life that might not equate to a monetary price tag. These may include: 

  • Pain and suffering
  • Mental anguish

If the liable party in your motorcycle accident acted recklessly, you may also have the right to pursue punitive damages. 

Suing Someone After a Fatal Motorcycle Accident 

If your loved one tragically passed away in a motorcycle accident, you may be able to pursue wrongful death damages. You will need to show that another party’s negligence led to your loved one’s death. 

Seek Legal Assistance From Jackson & Foster Law 

Are you considering legal action after a motorcycle accident in Mobile, AL? Let Jackson & Foster Law help you protect your rights to compensation as the injured party and guide you through the legal process, whether that involves an insurance claim, a lawsuit, or both.

Call us today at 251-433-6699 to schedule your case evaluation and learn more about your rights. 

Why Do Personal Injury Claims Get Rejected? Learn How To Avoid Claim Denials 

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When you file an insurance claim after a personal injury accident, you expect to receive your compensation and move on. But the process isn’t always this simple. 

Insurance companies reject personal injury claims for numerous reasons. They may request more information about your claim before they can make a decision, or they may deny it altogether, barring you from gaining compensation through this process. 

Understanding why personal injury claims are rejected — and how to avoid it — can streamline and simplify your insurance process. Learn more from an experienced personal injury lawyer in Mobile, AL.

When Are Insurance Companies Allowed To Reject Claims? 

Is it lawful for insurance companies to reject claims? Yes — as long as they have a valid reason for doing so. 

Insurance companies must investigate all claims to ensure that they meet the terms of the policy. They have the right to deny a claim that does not fall under the policy’s covered items. Sometimes, an insurer may reject a claim, then eventually accept it once you provide further information.  

But insurers occasionally reject claims under “bad faith” practices. This occurs when an insurance company intentionally violates its contractual obligations to a policyholder, such as by: 

  • Rejecting a valid claim
  • Delaying a claim beyond a reasonable timeline
  • Offering less money than a claim is worth
  • Falsifying information to justify the claim denial

Common Reasons for Personal Injury Claim Rejections 

Outside of bad faith insurance practices, an insurance company may reject a claim for several valid reasons. When an insurer rejects your claim, it will typically send you a written notice of the rejection along with the reason behind it. These are a few common reasons insurers reject personal injury claims: 

  • Insufficient evidence: An insurance company may need more evidence before it can agree that its policyholder was responsible for your accident or that the accident falls under the policy terms. Providing further evidence may increase your chances of approval. 
  • Disputed liability: An insurance adjuster may deny your claim if they believe their policyholder was not responsible for the accident or that you were even 1% responsible (under Alabama’s contributory negligence doctrine).
  • Policy exclusions: An insurance policy may exclude certain types of personal injury accidents. For example, some policies exclude intentional acts. They may also exclude accidents that happened on watercraft or aircraft. 

Your personal injury attorney can review your claim denial notice and determine what information the insurer needs to approve your claim. 

How To Avoid an Insurance Claim Rejection and Increase Your Chances of Securing Compensation 

Insurance claim rejections can be a huge headache as you attempt to seek compensation for your accident injuries. 

Knowing how to avoid denials of personal injury claims can help you streamline your compensation and increase your chances of securing adequate compensation to cover all your economic and non-economic damages. These are a few tips you can follow to avoid claim rejections. 

File Your Claim As Soon As Possible 

Plan to file your insurance claim as soon as you can. Doing so can help you avoid missing any deadlines the policy has set. You’ll also have access to fresh evidence that you can use to support your claim. 

You may have a more challenging time proving the policyholder’s negligence weeks or months after the accident, when your injuries have begun to heal and the wreckage from the accident has been cleared away. 

Provide Substantial Evidence To Support Your Claim 

The strongest personal injury claims have extensive evidence to back them up. You may want to provide all of the following evidence with your claim, if you can: 

  • Copies of all medical records relating to your injuries from the accident
  • Photos and videos of the accident scene
  • Repair estimates for any physical damage
  • Testimonies from witnesses to the accident

Follow Up With the Insurer About If They Need More Information 

If you haven’t heard back from the insurance adjuster, you may want to reach out and request an update about your claim. Ask if the insurer needs any additional information to approve the claim. This may prompt them to investigate the claim further rather than simply rejecting it. 

All of the information in these sections may depend on whether you’re dealing with your insurance company, another party’s insurance company, and what the language in the policy actually says. 

Bolster Your Personal Injury Claim With Jackson & Foster Law 

One of the strongest ways to avoid personal injury claim denials is to hire skilled legal representation to support your claim. An experienced personal injury attorney can take care of the claims process for you while you focus on your physical recovery. They can help you seek special or general damages and maximize your payout while handling all communications with the insurer and the at-fault party. 

Do you need assistance navigating personal injury claims? Contact Jackson & Foster Law today at 251-433-6699 for a consultation in Mobile, AL. 

Common Mistakes To Avoid After a Car Accident in Mobile, AL 

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In the days, weeks, and months after a car accident, you may feel like you’re in over your head. Serious injuries demand your attention day and night, but you’re also trying to navigate a complicated insurance claim or legal process. 

Making mistakes in the aftermath of a car accident is understandable, but unfortunately, doing so can impact your ability to secure adequate compensation. Learn a few common mistakes after a car accident to avoid from experienced accident lawyers in Mobile, AL. 

Mistake #1: Admitting Fault, Even Inadvertently

Initially, you may not be sure who was at fault for your car accident. The details may feel blurry, and the adrenaline you experience from the crash can cause you to misremember what happened. But no matter what you remember from the crash, avoid admitting fault in any way. 

This includes saying statements like “I’m sorry” or “I should have been paying closer attention.” These statements may sound kind in theory, but they will show up in the police report, and the insurance company or other party can use them against you as an admission of fault.

Mistake #2: Not Seeking Medical Attention Soon After the Accident

The adrenaline you feel from the car accident can mask injuries that require your immediate attention. Don’t assume any pain you notice is simply bruises and sore muscles from the jolt of the accident. Instead, seek medical treatment as soon as possible to rule out potentially serious injuries. 

If needed, a medical professional can complete a full-body examination to look for any underlying injuries you may not have initially noticed. This way, you can begin undergoing treatment immediately and improve your chances of recovery. 

Seeking immediate medical attention also serves as valuable evidence in your car accident case. You can clearly pinpoint the exact injuries you experienced from the crash and tie just compensation to them. 

Mistake #3: Posting on Social Media About the Accident (or Anything Else) 

You may feel tempted to post about your car accident on Facebook or other social media platforms. This could be an efficient way of updating your family and friends about your condition and seeking well-wishes from others, but it isn’t a good idea for your car accident case. 

The defense can take anything you post on social media and use it against you. If the details you provide on Facebook even slightly differ from the details you give the insurance company, the defense could argue that you misremembered the accident and your testimony is unreliable. 

Further, you should avoid making any social media posts during your case. This is one of the often-overlooked common mistakes after a car accident. Even a seemingly innocent photo of you spending time with family could indicate that your injuries are not as bad as you made them seem, hurting your case. 

Mistake #4: Making Recorded Statements Without an Attorney Present

Anything you say about your car accident can be used against you in your insurance claim or lawsuit. This is especially true for recorded statements. 

Insurance companies often ask for recorded statements to make their investigation process a bit easier. They can refer back to your exact words about the accident and use this evidence to support their claims process. Recorded statements can also serve as evidence against you in your lawsuit. 

Avoid making any recorded statements without an attorney present to help you avoid saying the wrong thing. Always ask insurance adjusters and the defendant’s legal counsel whether they are recording your conversation, and assume that they are. 

Mistake #5: Accepting a Quick Settlement That Doesn’t Cover All Your Damages

Car accident lawsuits often settle out of court, which means the defendant offers the plaintiff a sum of money without a judge’s intervention. Expect a settlement offer to come your way before your court date — but avoid accepting an offer that doesn’t adequately cover your damages. 

You may feel tempted to take the first offer you receive just so you can avoid the headache of future settlement negotiations or court dates. But this is one of the more common mistakes after a car accident.  Typically, the first settlement offer for motor vehicle collisions is a lowball one. You may stand to gain a higher settlement by being patient and giving your attorney time to negotiate on your behalf. 

Mistake #6: Skipping Medical Appointments — Or Seeking Unnecessary Treatment 

The judge in your car accident case wants to see that you are taking measures to support your physical recovery. You should attend all medical appointments, follow your doctor’s orders, take medications as instructed, undergo physical therapy, and follow any other recommended actions to help your body heal. 

If you don’t follow your doctor’s instructions, the judge may assume your case is not worth as much as you say it is because the severity of your injuries is partially due to your own neglect. On the flip side, you shouldn’t seek unnecessary medical treatment just to inflate your medical expenses. Assume the defense will find out about this behavior and use it against you during your case. 

Mistake #7: Failing To Hire Experienced Legal Representation 

The skill and experience of your attorney make all the difference in your car accident case. Not hiring the right attorney is one of the common mistakes after a car accident that can seriously hurt your compensation. 

You may want to look for a car accident attorney who practices in Mobile, AL, and has experience with your type of accident. Your attorney should be an excellent communicator and have case studies to back up their success rates. It’s a good idea to schedule a consultation with an attorney to learn more about their skillset before hiring them. 

Jackson & Foster Law: Your Mobile Car Accident Attorneys

Avoid common mistakes after a car accident, like accepting a low settlement offer, by hiring our knowledgeable and passionate legal team. Contact Jackson & Foster Law today at 251-433-6699 to schedule your case evaluation.

The Importance of Hiring a Personal Injury Lawyer

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If you were injured in a car crash caused by someone else, hurt while using a defective product, or disabled by a workplace accident, consider hiring a personal injury lawyer right away. A seasoned legal professional can leverage their knowledge of the law to build a compelling personal injury case and help you potentially collect compensation for medical bills and other expenses.

Hiring a personal injury lawyer in the aftermath of an accident involving injuries comes with many benefits. Ensure you’re familiar with them so you don’t overlook the importance of bringing one of the accident lawyers in Mobile, AL, on board to assist you.

They Can Determine the Viability of a Personal Injury Case

Do you have a strong enough personal injury case to take to court? One of the first big benefits of hiring a personal injury lawyer is that they can analyze your case from a legal perspective and tell you whether or not they would recommend filing a lawsuit.

Many personal injury lawyers extend free case evaluations to potential clients for this reason, as it’s in both their and your interest to determine the viability of your case before proceeding. You should schedule one with a trusted personal injury attorney in your area to discuss the specifics of a case you’re thinking about filing.

A personal injury lawyer can comb through the details of your case to shed light on which steps you should take next in your case, if any.

They Can Launch a Full Investigation Into an Accident

If a personal injury lawyer believes you have a strong enough case to move forward with, the next thing they’ll do is launch a full investigation into your accident and the injuries you sustained. They’ll do this by:

  • Pulling police reports stemming from your accident
  • Hiring private investigators to collect more evidence related to your accident
  • Asking you to participate in the evidence-gathering process by sending photos and videos of your accident scene

An experienced personal injury lawyer will know which evidence to collect in your case and how to go about securing it. They can also begin to put the pieces of the puzzle together to prove negligence on the part of someone else involved in your accident.

They Can File a Personal Injury Claim Properly

Once a personal injury lawyer has fully investigated your case and gathered the necessary evidence, they can officially file a personal injury claim on your behalf. This involves them submitting the proper paperwork and serving the defendant in your case with important legal documents.

If your personal injury claim isn’t filed correctly, it could lead to delays. It might even cause your personal injury lawsuit to be dismissed by the judge assigned to it.

One of the other big benefits of hiring a personal injury lawyer is that they’ll handle every aspect of filing your case. You can sit back and wait for the legal proceedings to begin.

They Can Negotiate With the Defendant in a Personal Injury Lawsuit

A remarkably high number of personal injury lawsuits never go to trial. Some reports suggest that over 90% of personal injury cases are settled outside of courtrooms.

A personal injury lawyer with exceptional negotiation skills might help you avoid having to take your case to trial. They can contact the defendant in your case and attempt to negotiate a fair settlement.

The defendant in a personal injury case often will give their insurance company permission to negotiate for them. 

They Can Take a Personal Injury Case to Trial

Unfortunately, not all personal injury cases are settled outside of court. In some instances, the plaintiffs and defendants in these cases can’t land on the same page during negotiations and must take their legal fight to trial.

A personal injury attorney can set you up with the trial representation you’ll need if this is the case in your lawsuit. They can put together an even stronger case for you and present it in front of a judge or jury.

A personal injury lawyer can also:

  • Find eyewitnesses to your accident to testify about what they saw in court
  • Track down expert witnesses to explain complex concepts about your case in court
  • Cross-examine any eyewitnesses or expert witnesses the legal team for the defendant calls to take the stand

Simply knowing that you have a personal injury attorney in your corner that you can trust may make taking your case to trial less stressful. You’ll appreciate having a knowledgeable lawyer by your side to address any questions or concerns.

They Can Do All This Without Charging Any Upfront Costs in Many Cases

Some people choose not to soak up all the benefits of hiring a personal injury lawyer for one simple reason: They often think it will cost too much money to work with such an attorney.

Thankfully, many personal injury lawyers take a novel approach to charging clients. They tend to charge contingency fees rather than imposing an hourly rate or subjecting clients to retainer fees.

In this case, personal injury lawyers only collect payments from clients when they are confident in their ability to negotiate settlements or earn judgments in court. Plaintiffs agree to provide personal injury attorneys with certain percentages of their settlements or judgments in exchange for their legal services.

Take Advantage of the Benefits of Hiring a Personal Injury Lawyer Today

A personal injury lawyer from Jackson & Foster can assist you with every aspect of an upcoming personal injury case. We can help you file a lawsuit against a defendant in an effort to recover damages so you can pay medical bills and even account for pain and suffering.

Would you like to discuss your personal injury case with one of our attorneys? Reach out to us at 251-433-6699 to enjoy the benefits of hiring a personal injury lawyer.

Special vs. General Damages in Personal Injury Cases

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If you’ve had an accident, you might expect the at-fault party to simply cut you a check for your damages. However, it’s a bit more complicated than that. Depending on your case, your settlement might include general damages, special damages, or a mix of both. You may also be able to seek punitive damages.

Below, Mobile’s experienced personal injury lawyer explains special vs. general damages in personal injury cases.

Special Damages

Despite their name, special damages are not really “special.” They are so named because your lawyer must prove them with specificity.

Special damages are out-of-pocket expenses determined by your financial losses. They’re intended to fully compensate you for losses caused by the at-fault party’s actions.

Special damages are different for every personal injury case. Here are a few types of special damages that your settlement might cover.

Medical Bills

Many personal injury settlements include damages for medical expenses. Depending on the type of accident you’ve had, those expenses could be astronomical. Hospitalization after a car accident, for instance, can easily total well over $1 million if you require surgery and an extended stay.

Your settlement might include compensation for:

  • Emergency care
  • Surgery
  • Doctor’s appointments
  • Medication
  • Medical equipment

Additionally, your settlement might pay for anticipated future medical expenses, such as ongoing care for a permanent disability.

Lost Wages

If your accident left you so injured that you can’t work, your settlement will probably include compensation for lost wages. Your settlement may also cover loss of earning potential if you’re permanently unable to work or must take a lower-paying role.

Property Damage

Property damage doesn’t apply to every personal injury case. It’s a given for car accidents, but other types, such as slip-and-fall accidents, may not involve any property damages.

If your property was damaged in an accident, your settlement should cover the cost to repair it or replace it with an item of equal value.

Cost of Hiring Someone To Help at Home

If you’ve had to hire someone to care for your children or handle chores at home, you may be able to recover damages for those expenses.

General Damages

General damages are also commonly referred to as non-economic damages. 

In some cases, your lawyer might use the per diem method instead of a multiplier to calculate your general damages. With this method, your lawyer will calculate damages from the date of your accident to the time you reach maximum medical improvement (MMI) or throughout your life if your injury is permanent. 

Let’s go over a few types of general damages below.

Pain and Suffering

Pain and suffering refers to the physical pain caused by your injuries. The longer your doctors expect the pain to last, the more compensation you may seek.

Emotional Distress

Emotional distress includes:

  • Anxiety
  • Depression
  • Humiliation and embarrassment
  • Post-traumatic stress disorder (PTSD)
  • Personality changes
  • Mood swings

Emotional distress can sound a bit vague, so here are some examples:

  • Marco has become terrified of cars after his accident. His anxiety is so bad that he cannot drive anymore.
  • Sasha is severely depressed after an accident left her disabled. Her depression prevents her from caring for her children, working, and doing the things she once loved.
  • Alex’s accident has left him jumpy and fearful. Whenever he hears a loud noise, he’s overwhelmed by flashbacks that force him to experience the accident all over again.

Loss of Consortium

Loss of consortium focuses on physical changes that have negatively affected a relationship. For instance, if your spouse can no longer provide you with physical affection after an accident, you could sue for loss of consortium.

Lowered Quality of Life

You can seek compensation for lowered quality of life if an accident left you unable to do the things you were once able to. You could recover damages in situations like these:

  • Your accident put you in a wheelchair, making it very difficult for you to move around your home.
  • You’ve become partially paralyzed and can no longer play your favorite sport.
  • You’re in so much pain that you struggle to climb out of bed every morning.

Disfigurement and Scarring

If your accident caused disfigurement or scarring on any part of your body, you can sue for those damages.

Punitive Damages

Now that we’ve discussed special vs. general damages, let’s talk about punitive damages. These damages aren’t intended to compensate you for any losses. Rather, they’re meant as a punishment for the defendant.

Here are a few cases where a judge would probably award punitive damages:

  • Nick is furious because Katie cut him off on the freeway. In retaliation, he rams her car, sending it flying into the path of a semi-truck.
  • Rebecca sees someone she doesn’t like at work. She trips the person, causing her to fall down the stairs and break her neck.

Learn More About Potential Damages for Your Case

Damages are unique to each case. If you need help proving pain and suffering or want to learn about damages you can recover for your accident, reach out to Jackson & Foster Law. We can help you seek compensation for car accidents, slip-and-fall accidents, medical malpractice, and more.

For a free consultation regarding special vs. general damages, call (251) 433-6699.

How To Prove Pain and Suffering in a Personal Injury Claim in Mobile, AL

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A personal injury claim can be incredibly disruptive to your life. Not only do you need to focus on your recovery, but you may also be responsible for proving the extent of your injuries and damages to receive compensation. Proving non-economic damages, like pain and suffering, can be challenging and overwhelming.

If you are unsure how to prove pain and suffering to insurance companies or in court, a personal injury lawyer in Mobile, AL, can help. Call Jackson & Foster to learn how we can support you as you seek compensation.

What Are Pain and Suffering Damages?

During a personal injury case, injured people try to prove economic and non-economic damages to receive compensation. Economic damages include medical bills and car repairs; these expenses have receipts that help prove their economic value. 

Non-economic damages can be difficult to prove. These damages almost always include “pain and suffering.” Pain and suffering damages might not come with receipts, but they can greatly decrease your quality of life. Knowing how to prove pain and suffering can be helpful as you seek compensation.

Physical Pain and Suffering

Physical pain and suffering damages cover any physical injuries you sustained and the subsequent pain and discomfort they caused you. Examples include:

  • Physical discomfort as a result of the injury
  • Chronic pain
  • Facial injuries and scarring
  • Paralysis
  • Loss of vision or hearing
  • Loss of limb(s)
  • Any disabling impact of the injury

Physical pain and suffering also include any future pain due to the injury. For example, if your injury will cause degenerative disabilities in the future, you may factor those in as you pursue compensation.

Emotional Pain and Suffering

Emotional pain and suffering refers to the emotional distress caused by an injury or someone’s actions and may include:

  • Loss of sleep and insomnia
  • Panic attacks
  • Depression
  • Anger
  • Mood swings or other emotional instability
  • Loss of enjoyment in life
  • Post-traumatic stress disorder (PTSD)

These symptoms can have drastic and, in some cases, lifelong impacts on a person’s life. 

Ways To Prove Pain and Suffering

You may be confident you are experiencing physical or emotional trauma but are unsure of how to prove it. Under this circumstance, there are several steps you can take to prove your pain and suffering; a personal injury lawyer can help advise you on what pieces of evidence might help your case the most and assist you in gathering the documentation and speaking to any relevant parties.

Medical Documents

Records from medical professionals can be an effective way to prove your symptoms. Medical records provide unbiased documentation of the timeline and extent of your injuries. 

Photo or Video Evidence

It may be helpful to take photos of any physical injuries. This can help you and your medical team track your healing over time and prove the physical impacts of injuries. Photos can be particularly helpful in proving any scarring or disfigurement you sustained from an accident.

Work Compensation Documents

If you try to prove lost wages, documents like pay stubs and letters from HR can be very helpful. While lost wages count as economic damages, these documents can also prove the emotional impact and severity of an injury. If you were in too much pain or suffering so much mentally that you could not complete your day-to-day routines, like going to work, that speaks to the severity of your pain and suffering.

Testimonies

Testimonies can also be a helpful way to prove the extent of your pain and suffering. Doctors and other medical professionals can provide a professional testimony detailing how they witnessed the injury impact you physically and emotionally.

Loved ones may also provide testimonies. They can speak to the impact the injury caused in your day-to-day life in a way that doctors don’t always see.

Personal Records

We recommend keeping a journal after sustaining an injury. This helps you track your emotional and physical state throughout recovery and can help prove the timeline and impact of any emotional distress resulting from an injury.

Proof of Lost Enjoyment

A common impact of pain and suffering is losing enjoyment in life. Any evidence that documents your loss of enjoyment can be very important in proving your suffering.

For example, if you quit a recreational sports league due to depression, you may have documentation like emails you sent to the coordinator. This type of evidence can help prove the emotional impacts of your injury.

Official Reports

If you filed any official reports, they can be crucial pieces of evidence. Examples include police reports after a traffic accident or official complaints you filed with the company on whose site a slip and fall occurred. These reports can indicate the seriousness and validity of your claim for pain and suffering.

A Professional Legal Team Can Help

If you are experiencing pain and suffering, sometimes, the last thing you want to do is gather and parse dozens of documents and put together a claim that proves just how much you are suffering. A professional attorney can help make this process easier.

Personal injury attorneys are experienced in handling cases that involve proving pain and suffering. With professional help, you can focus more of your time and energy where it helps the most: your recovery.

Contact an Experienced Attorney

Whether you are negotiating a car accident settlement or a slip-and-fall case outside of a local business, you will likely need to prove the extent of your injuries. Seeking non-economic damages for pain and suffering can be challenging. 

An experienced personal injury attorney can share insights and best practices about how to prove pain and suffering to insurance adjusters as you navigate the settlement process. If you decide to seek legal action, an attorney can also help you navigate the legal process. Call Jackson & Foster to learn more today. We can answer your questions and explain your rights.

How To Respond to a Low Settlement Offer in Mobile, AL

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If you have been injured in an accident, you know how life-changing it can be. Medical care is often prohibitively expensive, from hospital fees and doctor’s visits to rehabilitative services. Sometimes, injuries prevent you from working, resulting in lost wages. 

Ideally, a settlement offer from an insurance company should mitigate this financial strain. However, you may receive a low settlement offer that doesn’t cover the extent of the expenses. If you don’t know how to respond to a low settlement offer, a personal injury lawyer in Mobile, AL, can help support you. Call Jackson & Foster to learn more today.

Personal Injury and Settlements

Personal injury lawsuits focus on the physical and mental suffering endured by a person due to someone else’s action or negligence. If this sounds like your scenario, you may be able to pursue a claim from the other party’s insurance. Examples of personal injury include:

  • Car accidents
  • Construction accidents
  • Product defects
  • Slip-and-fall accidents
  • Medical malpractice
  • Animal attacks and bites

Often, an injured person will seek a personal injury settlement from the other party to cover the costs associated with the injury. This usually means dealing with insurance companies; for example, homeowner’s insurance may cover dog bites that occur on someone’s home property, while auto insurance typically covers injuries resulting from car accidents.

Unfortunately, an insurance company may try to cover as little as possible. Many injured people receive a lowball settlement offer from an insurance company after they file a claim. This can be very discouraging and frustrating, but there are steps you can take to advocate for a more comprehensive settlement that will cover the extent of your injuries.

Steps To Take After a Low Offer

If you get a low offer, it is crucial to remain calm. It may be tempting to respond from an emotional place, especially if you do not know how to respond to a low settlement offer. However, we recommend taking your time, being careful, and, if necessary, contacting an experienced legal team for help. 

Carefully Read the Offer

Once you are sure you can respond thoughtfully and calmly, carefully read the notice from the insurance company. Many personal injury cases are complicated, so look at every detail of their offer. You may find that for some expenses, their offer is reasonable and fair, but not for others. Clarifying what you object to ensures you spend your time productively. 

Understanding the insurance company’s offer also puts you in a good position to negotiate — arguing effectively against something you don’t understand is hard.

Determine the Value

Before making a counteroffer, take a good look at all the expenses you have incurred due to your injury. Documenting and determining the value of any damages you have suffered will help you be clear and precise. You probably have economic and non-economic damages; you can determine the value of both.

Economic Damages

Economic damages encompass all financial expenses and are typically easy to value with receipts. Bills from doctor’s visits can help prove the expenses associated with your injury. You can ask your employer for a letter that documents the financial cost of any time you had to take off due to an injury, including lost wages and any sick or vacation time you had to use to recover.

Non-Economic Damages

Some expenses won’t have receipts in the same way a doctor’s bill will. One example is “pain and suffering.” If you suffered a lot of physical pain from an accident, you may be entitled to compensation. Medical records that detail the extent of your injuries can help prove these damages.

Make a Counteroffer

It is in your best interest to document your counteroffer in writing and send it to the insurance claims adjuster. Be as factual as you can, avoiding emotional language. Explain why you are rejecting the settlement offer and what you will accept instead.

Making a counteroffer does not guarantee receiving what you ask for, though it does clarify your position. It also allows you to refute the insurance company’s offer point by point. 

Wait Until You Have Recovered

Our team recommends waiting until you recover from your injury before beginning settlement negotiations. The recovery process often comes with unexpected setbacks; your initial injury may have caused a domino effect, resulting in several injuries that all need treatment. Waiting until you have a complete picture of your injuries allows you to make an informed counteroffer.

Contact a Lawyer

A personal injury lawyer has experience dealing with insurance companies and negotiating settlements. Contacting an experienced lawyer gives you peace of mind and saves time, allowing you to focus on your health and recovery.

Reach Out Today

Responding to low settlement offers can be stressful, but the difference a fair injury settlement offer can make in your financial security and recovery cannot be understated. Deciding when to hire a personal injury lawyer hinges on whether you might benefit from the extra peace of mind a professional can offer.

If you are still unsure about how to respond to a low settlement offer, given the specifics of your case and situation, a professional personal injury attorney can help. Call Jackson & Foster to learn more about how our team can help you. Our legal team will patiently explain your rights, answer any questions you might have about the legal process, and walk you through the steps should you decide to move forward.

What Happens If a Minor Crashes a Car?

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Teens who only recently acquired a driver’s license often cause car crashes in Alabama. Inexperience, lack of judgment, and various distractions lead to many accidents involving minors, from fender benders to fatal collisions.

When a teen driver hits you, you may ask what happens if a minor crashes a car. Who should cover your losses, and can you hold the teen’s parents accountable?

If you’re involved in an accident with an underage driver, consult an experienced car accident lawyer in Mobile, AL. A competent attorney will help you understand who’s responsible for the damage you suffered and what compensation you may expect.

Why Are Teens Such High-Risk Drivers?

According to the Foundation for Traffic Safety, teen drivers end up in more car crashes than any other age group. One reason for this is inexperience. Unlike a seasoned driver, who usually has a track record of handling many tricky situations on the road, a newbie motorist is more likely to misread cues from other drivers or lose control of the vehicle in bad road conditions.

Teens also tend to be less careful, have less foresight, and take more risks than adults. Without proper car safety training, teens often engage in dangerous driving behaviors like speeding, tailgating, or disregarding right of way. Underage drinking is another issue that can cause catastrophic accidents.

Finally, teens are typically inseparable from their mobile phones. Texting or checking social media behind the wheel leads to many accident cases involving underage drivers. 

Who’s Responsible for the Damage a Teen Driver Causes?

Like all motorists in Alabama, teen drivers must have proper insurance coverage. Parents can add the teen to their auto insurance policy or purchase separate coverage for the minor. The mandatory liability insurance in Alabama is $25,000 for injury or death per person per accident, $50,000 for accidents with multiple victims, and $25,000 for property damage. 

An accident claim after a collision with a teen driver works like any personal injury claim. The at-fault driver’s insurance provider would be responsible for compensating you. As with any accident case, you must prove liability, document your accident-related losses, and file a claim. 

What If a Teen Driver Doesn’t Carry Enough Insurance?

You may also ask what happens if a minor crashes a car and their insurance isn’t enough to cover all your losses. If the teen driver only carries the minimum liability insurance, your medical costs and lost wages can easily outstrip their coverage. This is especially true when you sustain serious injuries or are one of several victims.

Some teens also drive without insurance, even though it’s illegal. 

In this case, your uninsured/underinsured motorist (UIM) coverage may step in. UIM coverage usually pays for medical costs and damage to your vehicle up to your policy’s cap. 

Proving Liability in Collisions With Teen Drivers

Since Alabama is an at-fault state for car accident claims, the teen driver’s insurance company typically will only pay you if you prove the teen was acting negligently. For example, maybe the underage driver was speeding or handling their phone when they rear-ended your car. 

You could lean on different types of evidence to prove a teen driver’s reckless or negligent behavior. The police report, medical records, photos and videos of the accident scene, and witness statements can all be useful.

Do You Need a Lawyer for a Teen Driver Collision Case?

Many people ask, “Can’t I handle my own insurance claim?” after a car accident. 

You could take care of your own claim if you walked away with a few minor bruises and a busted headlight. Otherwise, we strongly recommend working with a car accident lawyer.

Skilled legal help is crucial in Alabama, which is one of the few contributory negligence states. Under the contributory negligence doctrine, you’ll usually be unable to claim damages even if you’re only 1% responsible for the accident and the other side is 99% at fault.

Claiming that you’re partly at fault is an often-used tactic of insurance companies who want to avoid paying victims. You need a skilled lawyer to protect your rights. Since car accident lawyers typically handle cases on a contingency basis, you’d only pay the attorney fee when you collect your settlement.

Call Jackson & Foster If an Underage Driver Hit Your Car

Did a teen driver hit your car? Call us at Jackson & Foster. Our lawyers can explain what happens if a minor crashes a car and analyze liability in a car accident. We’ll also calculate your eligible losses and explore all legal options in pursuit of the highest possible settlement. 

Call 251-433-6699 or contact us online for a free consultation.