by Bill Eiland | Sep 25, 2024 | LawCall Q&A
Question: My son was riding his bike through a field when a bull attacked him. He wasn’t seriously hurt, but it sure scared him. Can we sue the bull owner?
BILL: We don’t know a lot here, but let me take this one piece at a time.
Did your son have permission to be on the land? Did he know the bull was there? Did he provoke the bull matador style – you know, “ole” and all?
It also matters how old your son is … the laws in Alabama are a bit different for a young child and an adult.
First, if it was an organized ride like a race, you can sue the event organizers for payment for your damages. If they had you sign a waiver, I would not be too concerned about that. I have fought and won cases against those here in Mobile. But I have to say, who would have a race where a bull was grazing around?
Now, let’s look at who owns the bull and why it was out. Consider whether the bull escaped and whether it has attacked people before.
O.K., I have never had an attacking bull case. But I have had several instances here in Mobile County and Baldwin County where cows have come on the road. Also, horses are also known to get away and walk about.
Tragically, I had a death case where a horse came in off a snowy road, and my client died. In this type of case, the law is very protective of the property owner, and unless you can prove that, say, a gate was left unrepaired, which people had complained about for a long time, you have a hard case to win.
Generally, nothing can be legally done if a horse (or any animal) jumps over a fence and gets out – especially if it is a one-time incident.
In a case like your son’s, I would just be glad he was not seriously hurt. But it would be wise to sit down with an attorney and find out your rights. Personal injury lawyers almost always will give a free initial consultation.
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 | Sep 17, 2024 | LawCall Q&A
Question: We called the ambulance service, and instead of helping me, they made my injury worse. They used a stretcher that flipped over. Now my back is hurt with 3 ruptured discs.
BILL: This is one heck of a case. I mean, there are no ifs, ands, or buts about it.
From what you said, the ambulance service is obviously negligent. As a result, you are entitled to compensation for your medical bills, your pain and suffering, your future medical bills, and your future pain and suffering. Yes, you seem to have a heck of a case.
Here is my first piece of advice: Don’t speak to the ambulance company or their insurance company. But do talk to a lawyer. Now, I am not the guy who thinks you have to run to a lawyer with every little thing, but this is a serious case.
In reality, you may have many different law firms fighting for your attention. But you need to find a trustworthy firm and talk with them. That conversation is usually free.
Do it immediately. There is nothing gained by waiting and a lot to lose. You will be surprised how quickly evidence can disappear, and witnesses forget exactly what happened.
Focus on the big picture. You need to get better and not waste time dealing with the ambulance company or their insurance group. By the way, they will try to give you as little money as possible, and you need someone to fight them full-time.
From my years of experience, the usual pattern is for them to say, “We are so sorry and want to make things right. We will try to get you some money immediately because you need it.” The companies will come to your house … and even to the hospital … and try to get you to sign your rights away. Remember, once you accept an offer, that is it … forever. You will never get one more dime.
Yes, it might look like a big, nice, fancy check and, at first, a lot of money. But your case might be worth 100 times that.
The law can be tricky depending on who owns the ambulance company. Governments have some exemptions that private companies do not. As I said, talk to a lawyer. You do not want to mess this up.
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 | Sep 6, 2024 | LawCall Q&A
Question: I was a passenger in my friend’s car, and we had a wreck. I felt OK at the time, but now I am having back problems. My doctor says it may be from the wreck. Does my friend have to pay my medical bills?
BILL: Does your friend have to pay? Well, no, and I mean no, like really, NO. Unfortunately for you, Alabama is one of the few states with protection for the driver if they are giving you a free ride. It is called the Guest Passenger Statute.
Let’s say you are in the car with Andrea (note: host of LawCall) going off to get a cup of coffee. She starts playing with the radio and hits a telephone pole. There are no other cars involved. So, she is clearly at fault.
I cannot make a claim against her because of the Guest Passenger Statute. The judge would throw this out before I got down the courthouse steps. Now, up until 2001, I could go against your own uninsured motorist coverage, but unfortunately, our Supreme Court changed that.
Now, your friend could voluntarily offer to pay your medical bills. How good a friend is this person? OK, that is iffy, but it wouldn’t hurt to ask.
One other thing that you said. You mentioned that the doctor commented that your pain might be related to the wreck. “Might be” doesn’t help. To collect anything, the doctor must state to a reasonable degree of medical certainty and in their professional opinion that your injury is related to the wreck.
Now, it is worth talking to a lawyer especially if there is some kind of bad behavior – like drinking, or drugs, or speeding. I have 2 recent cases where I got around the Guest Passenger Statute because, in one case, the driver was drinking, and in the other case, the driver was going 75 in a 20 mph zone.
Another way to get around the Guest Passenger Statute is to pay for the ride. If you say, “Here is 20 bucks; take me to wherever, ” you are now a paying customer, not a guest. By the way, this doesn’t work if you just kick in some gas money.
These are difficult cases, but it costs you nothing (most personal injury lawyers will give you a free case review) to learn your options.
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 | Aug 29, 2024 | LawCall Q&A
Question: My son is leaving for his first Labor Day holiday without me. Any advice if he gets into trouble?
BILL: He can get into a lot of trouble over the Labor Day holiday … but I don’t think you called in to hear about my youthful adventures. Instead, let me focus on something that may be more useful … his driving.
First, a young person may think they are invincible and can’t get hurt or hurt anyone else. That is just untrue. I help injured people every day. Accidents happen, and as a driver of a multi-thousand-pound piece of high-tech machinery, he needs to do everything he can to ensure he’s as safe as possible.
Now he knows the basics – get medical care, help others, and stay on the scene until the police arrive. But here is something he may not know. If in a severe accident, at some point, he will be asked to give a recorded statement to the other person’s insurance company. DON’T DO IT. At least not until you speak with an attorney. This information can be used against him, which can be disastrous here in Alabama.
If your son can be taught that insurance companies want to pay you the least possible, he will have learned a valuable lesson. I have heard every excuse in the book not to pay a claim. In fact, I heard three today. Don’t give the insurance folk any reason not to pay you.
Now, look, I’m not faulting insurance adjusters. This is what they do; this is their job. But they’re not on your side. Here is what one client told me happened. The adjuster said, “We want to take care of this claim ASAP, so just give us all the details.” I’m glad my client listened to me and told the adjuster nothing.
And don’t talk about any pre-existing conditions. I have a case right now where my client is 58 years old and had a back injury at 18 — and hasn’t had any problem or treatment since then. The insurance company is saying he was already “damaged.” Can you imagine?
One final thing: I am not saying you must hire a lawyer … just talk to one. Any lawyer worth their salt will tell you whether you need one.
CALL BILL
Injured? You can call Bill directly at 251-255-5000. He will talk to you for free. Plus, watch Bill every Sunday night at 10:30 on NBC 15 LawCall, our legal TV show, here in Mobile. Hosted by Andrea Ramey, it is on right after the news.
by Bill Eiland | Aug 22, 2024 | LawCall Q&A
Question: I was in a wreck a couple of months ago, and I had three broken ribs and a broken leg. Since then, I received a letter from the hospital that they put a lien on me. What is this about?
BILL: In brief, this is about the hospital getting paid. It might not surprise you, but the state of Alabama has passed a law that favors medical facilities (they have a pretty big lobby effort to protect their interests).
Filing a lien is standard practice so they can protect their rights. Don’t be overly concerned. No one is coming after you … at least not right now.
What the hospital is trying to do is make sure an insurance company does not settle with you before seeing that the hospital bill is paid. They really don’t want to fight with you directly if they can avoid it.
So here is what surprises many of my clients – by law, the hospital and other emergency providers can claim part of your lawsuit settlement to pay off the bill.
Again, don’t panic. Here is the reality. If you have insurance, this is not a problem. Everyone will get paid. However, this is why you need a lawyer. What the hospital charges and what needs to get paid is a negotiation. I do this type of negotiation every day. This might surprise you, but when I first started out, I was on the insurance company’s end, fighting to pay out the least. Now, I work 100% for injured people to get them the most money. My years working for the insurance guys taught me a lot about their tricks.
Here, in very simple terms, is what could happen. We sue the guy who hit you, and his insurance pays. He doesn’t have enough? We will go after your own insurance to pay up. You don’t have any or enough insurance? We go after the hospital to greatly lower or forgive the bill. They often do this because if you don’t have insurance, and I mean this respectfully, you probably don’t have much cash in the bank to pay them.
I tell clients all the time that though this sounds scary, it is what a lawyer does. We understand the system and how it works.
CALL BILL
Injured? You can call Bill directly at 251-255-5000. He will talk to you for free. Plus, watch Bill every Sunday night at 10:30 on NBC 15 LawCall, our legal TV show, here in Mobile. Hosted by Andrea Ramey, it is on right after the news.
by Bill Eiland | Jun 21, 2024 | LawCall Q&A
Question: I fell on an uneven sidewalk and was badly injured. Shouldn’t the city pay me?
BILL: Dealing with the government can be a complex and challenging process, whether it’s for obtaining a license or handling an injury case. The reason for this is that the government operates under a different set of rules, which they themselves create. This can be overwhelming for those seeking justice.
First, and this is true whether you are going after a city, county, or state, there is a cap on what you can collect. That means there is a maximum amount of money you can receive. For example, you can have a million dollars in medical bills but still only collect the cap, which could be ten cents on the dollar. In going after the government, I tell clients it is best to consider them 10 feet tall and bulletproof.
I just settled a case not too long ago where a lady was horribly injured. The case settled for $100,000 because we could not get outside that cap. Now, had she been hit by, say, an 18-wheeler, then the case would have been worth a lot more. But she was not; she was hit by a police officer, so the cap was in place.
Now, there are exceptions, such as when an employee acts outside their employment (for example, a car wreck when the employee is off duty) or when a government worker does something they shouldn’t be doing in the first place.
You can say this exception for the government is wrong, but this is the way it is.
Here is one important thing to remember. The statute of limitations is different from that of a typical accident case. Do not sit around and wait. You may have as little as six months, or your case is lost forever.
This “time” thing is serious. I’ve seen it, more often than not, where a person says, “Oh, I’ve got another year.” No, you don’t. Wait too long, and you will have failed to meet the requirements under the statute. Now, don’t feel stupid. I didn’t know this quirk in the law until I started practicing law.
Let me emphasize the importance of consulting with an attorney who has a proven track record in dealing with this specific area of law. Just as you wouldn’t go to an eye doctor to remove a hernia, it’s crucial not to consult a divorce lawyer for advice on your rights in an injury case involving a government entity. They may or may not be familiar with the intricacies of such cases. Instead, seek the guidance of a well-known, AAA-qualified personal injury attorney.
CALL BILL
Injured? You can call Bill directly at (251) 255-5000. He will talk to you for free. Plus, watch Bill every Sunday night at 10:30 on NBC 15 LawCall, our legal TV show, here in Mobile. Hosted by Andrea Ramey, it is on right after the news.
