Legal Question in Personal Injury in Alabama

Neck and Back injury from auto accident

My wife was envlved in a auto accident where the other driver ran a redlight and flipped our van over 1 or 2 times.

She has terrible neck pain and cant pick up anything.

We have a son who is in a wheel chair and the chair has to be taken apart and put in the trunk of our car.

This is impossible now and for a while in afaid. The other drivers insuraqnce company has not contacted us as of yet and we are wondering how long we have in AL.

We need something soon because I have lost work staying home with her and my son. What can we do?


Asked on 7/04/00, 11:15 pm

3 Answers from Attorneys

David Forrester Forrester & Associates

Re: Neck and Back injury from auto accident

The Statue of Limitations for this sort of accident is two years from the date of the accident. If you do not file a civil complaint (law suit) within that time your claims will probably be barred. Some questions that need to be answered are: You did not say how long it has been since the accident, but if you have not heard from the insurance company within thirty days of the accident, something is not right? Have you contacted the insurance company, and have you filed your version of the SR 13

Accident Report with the State? What is your insurance company doing?

It would appear that you need to contact an attorney immediately. Normally such matters are

handled on what is known as a contingency fee basis. In other words the lawyer gets nothing unless he or she recovers for you, and then gets a per centage that you have agreed upon in advance, in writing.

You should be careful as many firms doing contingency fee work will often end up with more

money than the client. A fair contact in a noncomplex accident situation such as you described would be 20 to 30 per cent of the net recovery (that is after the expenses and costs of the case have been paid). This means you would get 70% to 80% of the net recovery, compare this to a lawyer who signs you to a 50% contingency fee taken from the gross recovery (before costs are paid). If the damages awarded are $100,000.00, then the lawyer would get $50,000.00 off the top, and then pays all his expenses of litigation (this may include some rather interesting fees such has meals and hotel accommodations, etc., that may or may not have to do with your case...). Lets say there are $10,000.00 of expenses, $5,000.00 of which is for expert witnesses and accident reconstruction, and the rest to defray the law firm�s internal costs. Thus you receive only $40,000.00. Choose your attorney carefully.

If we can be of assistance, please contact us at Forrester & Associates, 256-435-1007.

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Answered on 9/08/00, 9:36 am
Walter Grantham Grantham & Grantham

Injury from auto accident

Generally, you have 2 years from the date of the accident to bring a suit. Also, the other driver's insurance carrier may not contact you at (if they think it will slip past) or the other driver may not have any insurance.

If time has not run out, you need to have the claim evaluated and make demand on the other driver. If not satisfied with the outcome, a lawsuit can be filed.

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Answered on 9/07/00, 4:24 pm
Jon Lewis Lewis, Feldman, & Lehane, LLC

Re: Neck and Back injury from auto accident

I will be glad to discuss your case with you. Please give me a call.

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Answered on 9/07/00, 6:48 pm


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