Legal Question in Personal Injury in Alabama
auto accident
i was rear ended in an auto accident. the ins. company rushed to have my vehicle fixed. i suffered a concusion and a soft tissue injury. why does it take so long to get my hospital bills paid and not so long to get my vehicle repaired? also is there not a fixed amount that a judge gives for pain and suffering in Alabama?
3 Answers from Attorneys
Re: auto accident
It's easy for an insurance company to quantify the damages to the car, and that part is usually handled by a separate adjuster or division (not always). Alabama law states, "There is no yardstick to measure pain and suffering." The insurance company will look at your injuries, the medical bills, and what your health insurance company paid (if you have health insurance). If you have insurance coverage on your car, you may have what is called, "Med Pay". You can submit your bills for payment through your Med Pay coverage, and your insurance company will be entitled to get those funds back from the insurance company for the other driver. That is one way you can attempt to get your medical bills paid without having to wait on the other insurance company. If you have any other questions, feel free to e-mail me at [email protected].
Re: auto accident
Unfortunately, insurance companies fight soft tissue injury cases very hard as they have had success in the past in convincing juries that your back pain is from either a preexisting condition or other preexisting injuries. Unless you are willing to take a small amount in settlement, you will likely need to hire an attorney if you feel your case is worth more than what they offer.
Pain and suffering damages are left solely up to the jury's discretion as there is no exact measurement for such damages.
Re: auto accident
the insurance company is NOT obligated to pay your medical bills unless they WANT to. You have to prove your injuries were caused by the other driver usually. There is no "fixed" amount that a judge awards. Usually, most attorneys file cases with jury demands so it is the jury that determines damages.
Please feel free to contact me if you have any further questions.