Legal Question in Personal Injury in Alabama

Re: Settlement

In addition to the other information you received from other attorneys. DO YOU HAVE UNINSURED/UNDERINSURED coverage??? Do you have more than one (1) auto. If so you may be able to "stack" your own insurance coverage for the benefit of your wife and children and have FAR MORE funds available for potential recovery. For example: I have a current client with a back injury. The person who "hit" him only has $20,000 worth of insurance. There is no question about liability. My client has $25,000 worth of uninsured/underinsured coverage. He ALSO had three cars with the same amount of coverage, so he ACTUALLY has $75,000.00 worth of his own insurance that he can seek. In order to "stack" his insurance he has to take certain actions so as to NOT prejudice his own insurance carrier (like not taking the $20,000 without his own insurance carrier waiving subrogation, i.e. the abilty to sue the other driver). The problem is in the "set up". How to exactly set up the insurance carriers so that both of the insurance carriers pay the MAXIMUM amount would really require you to hire an attorney unless you already know how. I would not suggest you handle it yourself. And, as suggested by other counsel, there may be a "conflict" of interest between your wife and children at a later date, but I would think that would depend on the extent of everyone's injuries and the amount of funds available. If there is NO QUESTION that the other person is liable your family should be able to obtain the services of an attorney or firm and pay a contingency fee of around 1/3 or (33%). Attorneys charge all the way up to 50% but if liablity is not in question there is no need to pay that much. I personally would NOT settle the children's cases until you settle the Wife's case. There is really no reason NOT to settle them all at one time. You have two years from the date of the accident in Alabama to file a lawsuit in Court. If you are not near your statute of limitation I would suggest you wait until all of your family has all of its medical problems either taken care of or your medical professional has determined and explained to you what the long term effects from the accident are. Insurance companies do not make money paying you the most money that you would be entitled to with your claims. Please keep that in mind. The information provided above is a only a general description of the law and how it may apply to you. Your specific facts may or may not be suitable to the above information. Just about every lawyer in Alabama will take a case anywhere in the state. Perhaps you should just call a bunch of lawyers and see whom you feel the most comfortable talking to. You can also set up appointments to meet with lawyers and get information about them and information about your case. Meeting a lawyer does not require you to hire them. If I can be of further assistance please let me know. I hope your family is doing well.

Randal Ford

Insurance Company in a Jam

When I REREAD your post I realized I "passed over" the part where you said 'we BOTH have the same insurance company'.

YOU HAVE THIS COMPANY BY THE PRIVATE PARTS BECAUSE THEY OWE A DUTY TO YOU AND THE DRIVER WHO INJURED YOU. This is NOT a position most insurance companies want to be in.

If you have serious enough injuries and don't get offered ALL THE MONEY you may be able to sue the insurance company for "bad faith". Suing under the tort of "bad faith" (if it occurs) would put you in a position to get MORE money than may actually be allowed under the other driver and YOUR insurance policies. It's all going to come down the documenting your injuries and the potential long term effects of this accident on the health of everyone.

The insurance company is NOT going to tell you ALL the money you are actually able to demand.

Your family is in an EXCELLENT POSITION in regards to demanding payment from the insurance company.

You should REALLY get a lawyer.

Randal Ford

Re: Settlement

This is a very complicated situation, and one that is difficult to answer without knowing more facts and seeing the medical records; however, I will take a stab at it. First, all of the children's settlements should proceed through a pro-ami hearing, i.e.: they must be filed in court, and the Judge should appoint a guardian ad litem to review the case and report to the Judge whether he thinks the settlements are fair or not. At that point, the Judge will either approve or deny the settlement. If he denies them, you either negotiate for more, or proceed to court and a trial. On your wife, she has two years from the date of the collision to file a lawsuit (by the way, the children have 2 years from their 19th birthday to file a lawsuit). The other issue is whether your wife and children have conflicts of interest. Here is how that would work: if the guy who ran into you only has a $20,000/$40,000 policy, that means that he has $20,000 per person and $40,000 per accident. If the damages for all 4 exceed $40,000, who gets what? That's where the conflict could come in. Of course, if the tortfeasor's (the 17 year old) coverage is greater and IF you have good uninsured/underinsured motorist coverage, this might not be an issue. You may also have a claim for negligent entrustment against the father if the 17 year old had a bad driving record. That issue needs to be explored before settling (you can order a driving record from the department of motor vehicles). Finally, your question about damages. We do not like to determine damages on a multiple of the medical. It's not right because each case and person stand on their own merits. If your son had some intestinal problem, does the doctor opine whether or not he will have any permanent damage? A narrative report may need to be obtained from the doctor. What will be the outcome of your wife's surgery? Does the doctor say the surgery is related to the collision? We take into account many factors for damages: the wreck itself, the damage to the vehicle, the amount of medical expenses, whether there was health insurance, how much the health insurer paid, permanent injury, lost wages, mental anguish, etc. To limit your damages to 2 times the medical expenses might limit your recovery. I have settled cases for ten times medical expenses (if a leg is amputated in a wreck, it doesn't cost much for the medical - say $25,000 - but compensation should be MUCH greater). Notwithstanding all of that, I won't kid you. Juries are not rendering large verdicts, and therefore, settlements and jury verdicts have been reduced. I hope this answers most of your questions. Although, it probably raised more than it answered. If you want to e-mail me any additional questions, you may do so at [email protected]. You may also look at our web sites at www.AlabamaPersonalInjury.com or www.Lewis-Attorneys.com to read more about our firm. Sincerely, Jon E. Lewis.