by Bill Eiland | Jun 16, 2024 | LawCall Q&A
Question: I was in an accident. My cousin from another state was in a similar wreck and got twice the amount I did. Why?
BILL: Some states do pay more in specific situations. I will tell you that some counties, even in the state of Alabama, have reputations for larger jury awards. Here is the bottom line to the insurance company – if a jury would award more, the insurance company will offer more to settle the case.
Now, some of my lawyer friends say that Huntsville can be the worst. With all its high-tech engineers, Huntsville juries have a reputation for analyzing and flowcharting your case for days. According to attorneys there, the jurors have a reputation for finding that 1% of blame that, by Alabama law, can stop you from collecting anything … ever.
Let me explain that since it can seriously impact what you can collect.
Alabama is one of the few states—North Carolina is also one —that says if you’re the plaintiff (injured person) and are even a little bit at fault, you don’t get anything. Yes, it’s all or nothing.
A couple of years ago, I had a case in Mississippi in which the jury found that my client was 10% at fault, but the other driver was 90% at fault.
Well, what they do there is basically just deduct whatever percentage you’re at fault from the jury awards. So, if the jury awarded you $100,000, they would take away $10,000, and you get $90,000.
To show how different states can be if you’re 10% at fault in the state of Alabama, whether it be a car wreck, slip and fall, you know, whatever — you get zero.
Let me quickly add that I worked with a Mississippi lawyer, and we shared the fee. It did not cost the client one extra penny to have a lawyer here in Mobile that they could come to see and talk to and have a Mississippi lawyer who could help us through the specific laws in that state.
Let me add that workers comp. in Alabama is a little different. If you’re hurt on the job, even if it’s your own fault, then you still get workers compensation. The downside is that on workers comp., you don’t get pain and suffering, mental anguish, or things of that nature, but you do get compensated for whatever injury you had.
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 5, 2024 | LawCall Q&A
Question: I was hit by a falling shelf at a local supermarket. I was in the meat department when the shelf swung around and hit my elbow. Should the company pay me since the shelf had a defect?
BILL: This is a common question I get. Your claim is most likely going to be against the store. Theoretically, you have a claim against the shelf maker, maybe? But you don’t need to go down that road; you just need to focus on the store because they probably installed it wrong.
Now, keep in mind, in Alabama, if the plaintiff – who would be you – is in any way, shape, or form at fault, then you don’t have a claim. Alabama will not let you collect anything if you are even 1% at fault.
It doesn’t sound like you are to blame. But let’s say you bumped your elbow on the shelf, and it fell. That could be considered contributing to the accident.
Now, if you had nothing to do with the accident, and you’re badly hurt, you have a really good case, in my opinion.
Here are some tips anyone can use in a similar situation.
- First, do not give any kind of recorded statement to the store. If they call you after the incident, be nice to them, but don’t give any sort of statement. Don’t tell them what happened.
- Second, if they say you don’t need a lawyer, you probably need a lawyer.
In this case, you need to speak to a lawyer who handles what we call premises liability. It’s a fancy word for cases involving slipping, falls, tripping, or where something falls off the shelf – or, in this case, when the shelf falls on you. This is a part of the law I know a lot about.
One of the biggest cases I’ve had in the last 20 years was a guy at one of those big box outdoor improvement stores. There was a metal pipe that rolled off and hit him in the head, and tragically, he wound up having 50 staples plus a brain bleed. What happened was that on the other side of the shelf, one of the employees was on a lift and was putting some things on that shelf, probably 20 feet high.
Obviously, that was a heck of a case. But let me tell you that if you were not injured, you cannot collect. Just because something terrible could have happened is not considered a case, and you cannot collect on it.
If you didn’t do anything wrong, I would focus on the store. But before you focus on the store, talk to a lawyer who handles premises liability cases—not a divorce or bankruptcy lawyer.
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 | May 30, 2024 | LawCall Q&A
Question: I was traveling home from work and was hit by a stolen car that university police were chasing. They were out of their jurisdiction, and they chased him through a red light and into me. The insurance company of the stolen car wouldn’t cover the accident. What can I do?
BILL: Your “stolen” may not be the law’s “stolen.” The key issue is: did the car owner give the driver the keys? If so, that driver is called a permissive driver and is covered by the car’s insurance. If not, every policy I’ve ever seen says that insurance does not apply.
Now, you want your car fixed and any medical bills paid. There are several ways this could happen.
I have had situations where someone was said to have stolen the car, but we found out it was the car owner’s brother, and the car owner let him drive it all the time. We were able to get the insurance company to pay.
Uninsured motorist coverage will not cover your property damage. However, your own insurance company will if you have full coverage. Let me give my pitch for increased insurance coverage. I firmly believe that you should get as much coverage as possible. Insurance is to help you when the unexpected happens … like when you are hit by a stolen car. Thinking that getting the least coverage is the best financial decision is false. Please investigate uninsured/underinsured motorist coverage. It is amazingly inexpensive.
You did not mention if you were injured but let me talk a little about that. Uninsured motorist coverage would pay for your medical bills. It has been my experience that if the injuries are severe, you may need to combine several types of insurance to cover all the expenses. Some of the saddest situations I have encountered are when someone is injured, and there is neither enough insurance nor a faulty driver with enough assets to cover the expenses.
Now, getting the university police to pay is going to be tough. Police, governments, and some educational groups have particular rules under which they can be sued. There are severe time limits, amounts, and even situations where you must get their permission to sue. However, not all educational facilities are considered governmental. It is worth talking with a lawyer.
Now don’t give up without a fight. Talk to a personal injury attorney. Most will speak to you for free. Plus, remember that laws depend on where the accident happened. Florida, Mississippi, and Alabama all have different laws.
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 | May 28, 2024 | LawCall Q&A
Question: My teenager wants to get a motorcycle. He is a good kid and responsible. What would you tell him?
BILL: I hope you never have to see a motorcycle accident. They are some of the most disturbing images you can experience. I’ve had probably 30 motorcycle cases. I love bikers, but the machines that bikers get on are just not safe enough.
You asked for my opinion and experience; I am going to give you the truth.
Most accidents involve a car hitting a motorcycle. After an accident, we always hear the same thing from the car driver—I just didn’t see them. And, you know, especially at night, that is probably true. To the car driver, one headlight coming down the road, when you are used to seeing two, often just won’t register.
In the cases I have had, it is rarely the motorcyclist’s fault. But the biker is the one who suffers. I mean, it is not uncommon to have multiple surgeries and years of physical therapy. And that is if they live.
I can’t tell you how many death cases I’ve had, and sometimes, the collision hasn’t even really been that bad. If the motorcycle rider had been in a Subaru or Hyundai, they probably wouldn’t even have gone to the doctor.
I had a husband and wife about 10 years ago, actually, friends of mine. They were going down Highway 90 and came up to Pleasant Valley. They were going downtown to go to Heroes with some other biker friends of theirs. A lady pulled out in front of them, and they hit the car between the driver’s and passenger’s doors. Both the husband and wife died instantly, and they had a 12-year-old, a 10-year-old, and a 6-year-old at home. Imagine, both of their parents gone immediately. And the bikers did nothing wrong.
Now you say your son is responsible. Well, I had two motorcycles pass me on the Interstate the other day, and I swear they were going over 100 mph. They were racing each other and weaving in and out. They didn’t think anything could happen … but I knew one mistake could severely injure them and potentially other people.
I don’t have anything against choppers or hogs… I even like scooters. I have family members who ride and are proud to do it. But I know what can happen. If you are on a motorcycle, you are on a high-powered piece of machinery with no seatbelt, no roll bar, no airbags, and without most every other kind of protection.
Just think about it. If you have a major collision, you’re at the mercy of physics. You will probably go flying in the air or, at the least, be crushed under the bike’s weight.
OK, to your question. I remember when my son was about 16, he said, “Dad, at what age can I get a motorcycle?” And I said, “The day after I die.” He wasn’t pleased, but he is still with us.
Hope this helps.
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 | May 23, 2024 | LawCall Q&A
Question: My cousin was injured in a donkey basketball game when he fell off and was stepped on by another player’s donkey. He was wearing a helmet—my cousin, not the donkey. Now we have medical bills. Can we sue?
Bill: Here is my legal advice. You shouldn’t have donkeys indoors. It may not be illegal, but you just shouldn’t. Second, don’t get on a donkey playing basketball. What’s the old saying? It makes an ass out of you and me.
Seriously, you assume the risk when you do something stupid like that. You probably signed a waiver and a whole lot of other legal stuff. Still, he’s got a good case against that donkey.
Okay, now, really seriously. You can go against the organizers, the facilities, and even the opposing team, but that does not mean you will collect. Remember, in Alabama if you are even 1% at fault, you cannot collect anything. Where you 1% to blame? I mean, you did get on a donkey inside a building with other untrained athletic wannabes. It is looking a little iffy for you here.
Having said all that, I would take the case and at least look into it. It is so Mardi Gras. What I would not do is sign up for janitor duty. Also, you cannot sue the donkey. But you knew that, right?
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 | Apr 17, 2024 | LawCall Q&A
Question: I was in a car accident a year ago. The insurance company said I would be paid for loss of income, but I never received that. I’ve been off work for nine months. I don’t have an attorney; the insurance people said I don’t need one. They keep saying they are working on it. But I need my money.
BILL: Yeah, it sounds like you’re just getting the runaround. You gotta be the squeaky wheel. So, I would just keep calling that adjuster.
Now, if you really want to be that squeaky wheel, tell them to write down their plan of action; yes, tell them to send you a letter or an email explaining why they’re not taking care of you. Put them on the hook. That way, there’s no hearsay or, you know, he said this, or she said that. Tell them to put it in writing, and I bet that will get some action.
We do this all the time. I just recently did that for a client who was denied. I said to the insurance company, well, send me the policy excerpt that you’re relying on to not accept responsibility. This does two things. First, you have something in writing when you go to challenge the decision, and second, the adjuster now has to second guess what his or her boss will think. It might be easier to just settle with you and get you off the adjuster’s back.
Sadly, this is often how dealing with insurance companies works. Don’t be afraid of being a pest. Hey, they are the ones doing you wrong.
This might surprise you, but we tell more people that they don’t need a lawyer than we tell them that they do. For something like this, you really can do it yourself.
Now, if it comes to bringing a lawsuit … get a lawyer. Don’t go that alone. You could be the smartest person in the world, but if you take on a lawsuit by yourself against a trained professional lawyer, you are going to lose. It is the lawyers’ playground. They know the rules. They know the procedures. And you do not. And I’ve seen people wanna do it just to prove to everybody how smart they are. It never goes well. Believe me now or believe me later, the lawyer could be half as smart as you, and he or she will still win.
Let me say it one more time as your friend (and a lawyer}: if you go into a courtroom as your own lawyer, it is not going to end well … for you.
Now, go call that adjuster.
CALL BILL
Injured? You can call Bill 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.
