Can I sue if I'm hurt by a product?
People working in industrial settings around equipment that is not guarded properly, not designed in a way to prevent human contact ending up in catastrophe. So with a product liability case, you want to make sure that you contact an attorney quickly.
Evidence needs to be preserved, and photographs taken of the equipment. The product itself must be maintained in order to maintain a cause of action in Alabama. You cannot have a product action without the product.
So, if you’re injured by product that you feel contributed to or caused your injury, call us at Mann & Potter. We have the experience and the knowledge of handling these cases for many years and we would love to speak to you about.
what is my case worth?
one of the very first things that we get asked, either when a client comes into the office or on the phone, is what is my case worth? And the most difficult question of all to answer.
Generally, certain cases are going to fall in certain ranges of value. However, it’s really impossible to know because each case is as individual as the person who comes to hire us. It’s dependent on so many things. Medical expenses, how you, are you out of work and if so, how long? What’s your future medical treatment required? Do you have a permanent long term and long lasting kind of injury?
Contact us today, and we'll work hard to recover the best outcome for you.
how long do i have to file a claim
Generally speaking, there are statute of limitations that apply to different types of cases.
Typically in Alabama, any personal injury case, for the most part is going to fall under a two year statute of limitations. Meaning, that you’re going to have two years from the date of the event to file your lawsuit or otherwise your claim is going to be forever barred.
So, don’t delay. Contact us, and begin the process of not only collecting evidence and preserving data, but preserving your lawsuit, as well.
how long will a case take to settle?
If it means that we have to work your case up for trial, and it takes two years to get there, we have to do that in order to get you the best outcome.
Depending upon where the case is filed will impact timeframe as well, because appealing upon the judge and when he or she sets the case for trial.
Court dockets nowadays can be extremely crowded, particularly in Alabama, because we have an underfunded court system. Therefore, cases don’t move quite as quickly as they did in years past when we had more resources statewide.
However, at Mann & Potter, we push every case. We are geared toward the best outcome we can get you. If that can happen in six months time, then great. But if it takes longer and we have to go to trial, we will do what we think is necessary because our experience has taught us that the best outcomes most likely are going to occur when we are standing at a courthouse ready to try your case.
What happens if I’m in an accident with someone who does not have insurance?
When you purchase automobile insurance coverage, you are buying what is called uninsured motorist coverage or underinsured motorist coverage. Unless you specifically reject it in writing it is going to be part of your insurance policy. In many instances, we see cases where clients end up having to sue their own insurance company to recover for the protection that they purchased to provide a monetary fund in the event you’re hit by someone who is not responsible by having their own insurance coverage.
So, you can still get money even though someone else that hit you is responsible and did not have any insurance.
If you prove that you’re legally entitled to recover against the defendant who caused the wreck, you are entitled to then recover against your own insurance company, up to the limits of your uninsured motorist protection that you paid for. And that is required by Alabama law for every motorist in the state.
What if I am injured on someone else’s property?
Notify the business owner of what happened and document what happened. If you have a phone or if a loved one is with you, have them take photographs and document what you slipped or tripped or caused you to fall and be injured.
The law is that business owners have to maintain their premises in a reasonably safe fashion or manner. They’ve got to maintain, make sure that there are no spills in the area, that they don’t have hazards in the area and they have a duty and responsibility to maintain their premises on a regular basis. you may have to look at see if there’s an architect that may be responsible on down to a contractor and a design issue. But, generally speaking, when you have a building or premises that is defective, then the business owner can be held responsible for your injuries.
What is a contingency fee?
If you make an appointment to come and see us to discuss your case, you will never be charged a consultation fee or an hourly rate.
We take cases based upon what we think we can recover for you, and the charge will always be a contingent percentage of that recovery.
We don't recover until you do.
What is a wrongful death case?
Under Alabama state laws, a wrongful death claim is an action that can cover the gamut of the types of accidents or lawsuits that we handle. Wrongful death can occur from an automobile wreck, a product liability setting, an industrial setting. It could also occur in a trip and fall or slip and fall incident where someone is killed as a consequence of their injury.
It is so important that action be taken quickly, not only to preserve evidence of the wreck or the incident they take that took the life of their loved one, but because there are administrative things that must be done on the front end. For example, in Alabama, only the personal representative of the estate of the deceased may bring a wrongful death action. So, a personal representative must be appointed.
Call us today for a FREE case evaluation.
What is subrogation?
Subrogation is a legal concept that allows an insurance company or a party that has paid for damages to step into the shoes of the insured party and seek reimbursement from the responsible party. In Alabama, subrogation typically occurs in cases where an insurance company pays a claim on behalf of its insured and then seeks recovery from the at-fault party.
When does subrogation arise in Alabama?
Subrogation arises when an insurance company pays a claim on behalf of its insured due to damages caused by a third party's negligence or wrongdoing. The insurance company then has the right to pursue reimbursement from the responsible party.
When type of claims commonly involve subrogation in Alabama?
Subrogation can arise in various types of claims in Alabama, including automobile accidents, property damage, workers' compensation, and personal injury cases. Whenever an insurance company pays a claim due to the negligence or fault of a third party, subrogation rights may come into play.
What is a hospital lien?
In Alabama, a hospital lien is a legal claim placed by a hospital or other medical provider on a patient's personal injury settlement or judgment. It allows the hospital to seek payment for the medical services provided to the patient who was injured due to someone else's negligence. When a person is injured in an accident and receives medical treatment at a hospital, the hospital may file a lien against any potential settlement or judgment the injured person may receive from a lawsuit related to the accident. This lien acts as a legal claim on the proceeds to ensure that the hospital is reimbursed for the medical expenses incurred while treating the patient.
What is an example of a hospital lien?
Assume that you are injured in an automobile accident and taken to the hospital. The hospital treats you for the injuries you sustained in the accident. A private health insurance company (IE Blue Cross Blue Shield, United Healthcare, Medicare) pays the hospital bills associated with your accident-related care. If there is a verdict or settlement in your automobile accident case, subrogation allows the private insurance company to recover a portion of the money they paid towards your treatment. While a hospital lien is codified in Alabama law, it has a similar effect as a subrogation claim made by a private health insurance carrier.