by Bill Eiland | Nov 20, 2024 | LawCall Q&A
Question: An 18-wheeler truck backed up on me. The truck company has not paid a dime, and I needed to get a new car and have medical bills. They just keep wanting more information.
BILL: Something isn’t right. You seem like a sweetheart of a person, but trusting the trucking company to do the right thing is iffy, and it may not be good for your case. Tell me a little more about what happened.
Q: I was on my way to work, and this 18-wheeler stopped on the road. No flasher or nothing, nothing saying he had stopped. All of a sudden, he starts backing up, and I laid down on my horn, and he just kept on coming back. Finally, he just ran over my car with me in it. The people that was around me all came running. They had to literally pry my door open to get me out.
I was taken to the hospital. And I have a lot of problems. I had surgery, and two weeks later, I had a stroke. This trucking company’s insurance is not willing to settle with me at all. They’re wanting to get more and more and more and more information. And I’ve sent them a stack of information, you know, on everything.
BILL: Ok. First, stop sending them stuff. Stop it right now. Stop cooperating with the other side. I’ve said it before, but insurance companies are not your friend. They are out to pay as little as possible.
Now you have a heck of a case. This is not something you should be dilly-dallying with.
You’ve got full liability on the part of this trucking company. By that, I mean they are 100% at fault. Plus, you’ve got injuries; even the stroke may be related to the surgery.
I’m not going to tell you to go get a lawyer when you don’t need a lawyer. But you need a lawyer.
You just immediately need to stop trying to take this on yourself. They’re giving you the runaround, and they’re going to continue to do that until the statute of limitations runs out or something very close to that.
Once you pass the statute of limitations time limit – 2 years in Alabama and Florida, 3 in Mississippi – you will not collect anything ever.
So go talk to a lawyer immediately. My biggest fear for you is that time may have already run out. We get cases all the time where people trusted someone, and the time passed. When that happens, there is nothing to be done. You have a heck of a case. Please, get some professional help.
CALL BILL
Injured? You can call Bill directly at 251-255-5000. He will talk to you for free.
NBC 15 LawCall, our Sunday night legal information TV show, is on hiatus during football season, but we will see you after the first of the year.
by Bill Eiland | Nov 11, 2024 | LawCall Q&A
Question: I was rear-ended by a guy in a rental car at a traffic light on Government Street. He says he has no insurance. My car was totaled, and I was pretty badly injured. I have the Alabama minimum insurance, and my medical expenses are far higher than that. I need a new car and my medical bills paid. What can I do?
BILL: Typically, a rental company is not gonna let that car off the lot without some insurance. That is the first place I would go.
If you are not used to renting cars, here is how it works. The renter must prove they have insurance or buy it at the counter. Now, the rental company is more interested in making sure the money is there to replace their car. Still, at the least, I would argue that they had a responsibility to see that the minimum insurance required by Alabama was covered.
And as far as you are concerned, you may have more insurance than you realize. I can’t tell you how many times I’ve had people say they did not have uninsured motorist coverage when they actually did.
Today, I met with a lady and asked if she had uninsured motorist coverage. She said she didn’t think so. In fact, she added that she had never heard of it before. Come to find out — not only did she have it, but she had $300,000 of it.
In her case, the reasons for the money are complex. But here is what you need to know. By law in Alabama, if you don’t waive uninsured motorist coverage, you have it. And let me tell you, a lot of people have this extremely inexpensive and beneficial coverage and don’t know it.
I hate to always say call a lawyer. Still, in this case, with a rental company, no insurance (maybe) on the other side, and a question about your uninsured motorist coverage, plus you’ve serious injuries, you need the help of someone who knows the angles. Call a local lawyer with experience in this type of case, and I suggest you do it soon.
Besides, you need to concentrate on getting well and not scrambling around trying to get things paid for.
CALL BILL
Injured? You can call Bill directly at 251-255-5000. He will talk to you for free.
NBC 15 LawCall, our Sunday night legal information TV show, is on hiatus during football season, but we will see you after the first of the year.
by Bill Eiland | Nov 1, 2024 | LawCall Q&A
Question: There is mold present in a house I am renting, and it has caused severe illness for me and my wife. The landlord says he will look into it, but can I get him to pay for my trouble? This has been going on for three months, and I have continuous sinus trouble and headaches. Plus, I have other medical problems that I see on Google are caused by mold.
BILL: There is a possibility that you could have a claim against your landlord. But you have a few things against you.
First, three months of exposure is not all that long.
Second, you will have to have your doctor say that this mold causes these infections, your sinus trouble, and all the other stuff. If the doctor will not do this, you really don’t have much chance of winning a case.
Next, I have handled mold cases and learned that some molds are not that dangerous — and other kinds of mold are very dangerous. It would be best if you found out which type you have.
And finally, no landlord or landlord’s insurance company will pay out based on what you Google. It could all be accurate, but no judge will see Google as an expert witness.
Here is what I suggest to get you help and keep your expenses down.
You need to decide what you want. I assume good health is your priority. So, if the landlord can remove the mold and you want to live there, I would take that as a win.
If you feel you have been seriously, and I mean seriously, injured because of this mold and the landlord refused to make repairs or let you out of your lease, then see a lawyer. But let me suggest you see a lawyer who specializes in mold cases since this is such a specific area of the law. Now, to make yourself feel more comfortable, you can get a local lawyer who can work with one of these specialized lawyers. If so, it will not cost you one dime more since the lawyers will share the legal fees portion of your settlement.
CALL BILL
Injured? You can call Bill directly at 251-255-5000. He will talk to you for free.
NBC 15 LawCall, our Sunday night legal information TV show, is on hiatus during football season, but we will see you after the first of the year.
by Bill Eiland | Oct 21, 2024 | LawCall Q&A
Question: During my wife’s gallbladder surgery, they tore and then cauterized her liver. Anything we can do? This just happened, so though she is weak and sore, I don’t know how this will hit her long-term.
BILL: Not every medical mistake is malpractice. This is a very tricky area of the law. It boils down to whether this is a known and accepted risk of the procedure.
You know all those waivers you signed? There was probably a stack of papers that was way thick and covered about everything that could 100 of 1 percent go wrong. So, the doctors will say they told you this could happen.
You must prove that the doctor, or nurse, or whomever breached the standard of care. It’s complicated, but I explain it like this: what they did – there was no good reason to do.
I had a lady call me. The hospital had ruptured her colon and her bowels. Here is the most shocking part: the doctors didn’t know it and sowed her back up without fixing the problem. It took about 5 days, and her incision busted. She was in the hospital for 6 months.
We had several experts look at this, and they said, believe it or not, that this was an accepted risk.
Medical negligence cases are the hardest personal injury cases to win by far. You have to prove an extremely high standard of incompetence. The standard is much higher than you have to prove for a person in a car wreck.
Now, this might sound unfair, but if you could easily sue a doctor or hospital, the doctors and hospitals wouldn’t want to go that extra mile to try to help people. As a result, most medical negligence cases require someone to be permanently and catastrophically injured.
I would be grateful your wife, it appears, is going to be ok.
This doesn’t mean you should not talk to a medical negligence attorney. Let me caution you that not every type of attorney knows about medical malpractice cases.
So don’t talk to a bankruptcy lawyer. Talk to someone who knows about this type of case and find out your rights.
CALL BILL
Injured? You can call Bill directly at 251-255-5000. He will talk to you for free.
NBC 15 LawCall, our Sunday night legal information TV show, is on hiatus during football season, but we will see you after the first of the year.
by Bill Eiland | Oct 9, 2024 | LawCall Q&A
Question: My niece was involved in an accident where an exploding tire caused her to crash into a guardrail. My sister has asked me to handle the legal aspects of my niece’s case while she focuses on her daughter’s physical recovery and taking care of the grandchildren. What should I pay attention to?
BILL: There are two important aspects to your niece’s case – determining who caused the accident and understanding the extent of your niece’s injuries. Staying informed about both is crucial because any misstep in either area can be costly.
I assume you have a lawyer working on your case. I strongly recommend finding a lawyer with real, practical, firsthand experience handling this type of accident. Like in any other aspect of life, some people are better equipped to help than others. As anyone who has ever attended a church potluck dinner knows, just because you are a grandmother doesn’t mean you can make an edible casserole.
Now, your lawyer will keep you informed, but don’t try to call them every day. Cases can take a long time. Just because you have not heard anything new does not mean the case is not moving forward. Gathering evidence takes time. You have the right to know if the lawyers have found video footage or witnesses, are hiring traffic accident experts, are conducting depositions, and so on. Don’t hesitate to speak up if you don’t see any progress in these areas. Just keep in mind that these processes can take months or even years.
Your lawyers may also have to find the money for your niece to get better… the bad guy’s insurance, your niece’s insurance, or, perhaps, the tire manufacturer. I was involved in a similar case a few years ago, where we were able to show that the tires had not been serviced in a very long time, probably leading to the blowout. We eventually got the company to pay.
Medical bills are pretty straightforward except when they are not. It may surprise you that they can often be negotiated, but this also takes time.
Here is one thing we always do in severe cases: We hire a professional life planner. This person can evaluate the injuries and predict what your niece will need for the rest of her life. If she is disabled, care can be costly, and you want to make sure your settlement covers these expenses. The planner will also consider the future pain and suffering your niece will likely go through.
Also, consider the impact of the injury on your niece’s husband and children. This injury could significantly affect her marriage, how her children are raised, and even the family’s financial ability to send the kids to college.
Remember, once they hand you that check and you sign on the dotted line of a settlement agreement, you’re done. That is all you will ever receive. Even if things change, you cannot go back. Your case is over.
This is why I strongly believe that the person who represents you must have a great deal of knowledge and experience. You will not get a second chance.
CALL BILL
Injured? You can call Bill directly at 251-255-5000. He will talk to you for free.
NBC 15 LawCall, our Sunday night legal information TV show, is on hiatus during football season, but we will see you after the first of the year.
