Legal Question in Personal Injury in Alabama
auto accident
I was involved in an accident 9-22-06. I was in the back seat of SUV, tractor-trailer truck moves into our lane. To avoid head-on, we leave the road becoming airborn and hitting HARD. Though no cuts or broken bones, lots of bruises and messed up neck. Have learned that the truck driver may have had questionable creditals if any and was fired that evening. Am I entitled to any compensation above medical bills?
3 Answers from Attorneys
Re: auto accident
In a word Yes. How much though is a very important issue. Most attorneys are not interested in cases involving medical bills less than $1,000 - unless there are other circumstances. The other piece of advice is that chiropractic bills don't help your case. That's nothing against chiropractors, but unfortunately there is a bias against them by insurance companies, and by juries in Alabama.
I would suggest you get a lawyer to help you with this claim.
If you have any further questions, please do not hesitate to send me an email at [email protected]
Sterling L. DeRamus, Attorney at Law
Re: auto accident
You can receive compensation for medical expenses from the tortfeasor (truck driver) and potentially other policies of insurance.
Exactly WHAT amount you would be entitled too will depend upon your injuries.
You said you "messed up your neck". If you have pain in your neck that radiates to your arm, if you also experience numbness in your fingers or hand, or have involuntary muscle movements in your back, shoulder, arm pit or arm then you may have suffered a "disk" injury to your neck.
Until you have either "recovered" physically from the accident or have gotten "as good as your going to get" (which is also called "maximum medical improvement") you need to focus on your health because your medical bills will "drive" or determine any potential recovery you may have.
You need to be aware that there is a statute of limitations in which you must file your claim in court of law or lose your claim altogether.
If you have any questions, feel free to contact me.
Randal Ford
Re: auto accident
If you can prove liability, you will be entitled to all of your compensatory damages: medical bills, lost wages, out-of-pocket expenses, pain and suffering, and mental anguish. You might obtain a verdict for punitive damages against the driver and potentially the trucking company for employing the driver. There are many regulations that pertain to the trucking industry. For example, the truck driver must keep his log books for 6 months, and you will want to get those before they destroy them. Once an accident occurs, those records will be destroyed within six months. You will want to send a letter to the driver and trucking company informing them that you want all of their records pertaining to that driver and vehicle including, but not limited to, the log books, the digital recorder (many trucks come with a "black box" now), all invoices and purchase orders, etc. If you have any further questions or need any additional information, please do not hesitate to e-mail me at [email protected]. You may also visit our web sites at www.LewisMcAtee.com; www.AlabamaPersonalInjury.com; and www.18WheelerInjuries.com. You may find some more useful information on those sites.