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.
by Bill Eiland | Oct 4, 2024 | LawCall Q&A
CALLER: I was in a car wreck but didn’t go straight to the doctor. You see, I got the flu for 2 weeks. Will I still have a case?
BILL: You might be surprised, but I get this type of question often… perhaps weekly.
Don’t be too worried. Waiting to see a doctor for two weeks is not really that long, especially if you have a good reason. But you need to see a doctor or other licensed medical professional as soon as possible.
Why? To get the maximum amount of money, you must have a medical professional say that you are injured and that the likely cause of that injury was your wreck.
People often say, “Hey, you know, I’m just stove up a little bit (Gen Z LawCall producer’s note: We had to look this up. It is a real word meaning physically uncomfortable due to injury or illness. WHO KNEW?). I’ll be fine.” Then they put it off for maybe 3, 4, 5 weeks. Now, weeks later, since they are still hurting, they go to the doctor. What do you think happens then? The insurance company will say that you must not be too hurt since you waited so long.
Here is a real problem that can impact your case. The insurance company says something else hurt you between the accident and the doctor’s visit. Therefore, they are not responsible and are not going to pay.
I always tell people that I understand they have a lot going on in their lives … but at least pop into an Urgent Care! I mean, go somewhere. You were in an accident. Get it documented. That 20 to 30-minute visit is going to protect you down the road.
So, back to your question. In your particular case, it’s only been a week or two. Go to a doctor, and you should be fine.
If it is 6 months after the accident, good luck telling the insurance company that your injury is because of the wreck.
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 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 | 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.
