Articles Tagged with montgomery injury attorney

The vast majority of car accident lawsuits settle out-of-court. That means before the case goes to trial, both sides collaborate to reach a fair conclusion. The defendant(s) agree to pay a certain amount, and plaintiffs agree to release those defendants from future liability. caraccident7

Even if you have no intention of taking your case to court, you will need an experienced injury lawyer to help walk you through this process. One of the many reasons is the language of that settlement agreement can contain a few costly pitfalls.

That was the case in the recent medical malpractice lawsuit of Gores v. Miller, which was filed subsequent to a car accident settlement signed on behalf of an injured 15-year-old girl.  Continue reading

Third-party liability for criminal actions can be difficult to prove, but it can be done.opendoor1

Generally, third parties have no duty or obligation to prevent criminal actions of other people. There are exceptions, however, for property owners who have actual or constructive notice of a pattern of the same or similar violent crimes. The key is showing that the criminal action that caused injury to the victim was foreseeable and that the property owner had a duty to minimize the risk for those lawfully on site.

One such case was recently before the U.S. Court of Appeals for the Fifth Circuit. In Jenkins v. C.R.E.S. Mgmt. LLC, plaintiff alleged an apartment complex where he worked and also resided had a duty to shield him from hard that was both unreasonable and foreseeable as a result of criminal acts committed by third parties.  Continue reading

In Alabama auto accident injury cases, the purpose is to compensate victims for actual losses caused by the defendant. A substantial part of that typically involves payment of reasonable and necessary medical expenses incurred by the injured party as a result of defendant’s negligence. caraccident1

These medical bills have to be authenticated and there has to be competent medical testimony as to the necessity of those treatments. In some states, defendants can benefit from certain write-offs or adjustments that are deducted from the medical provider’s charges due to insurance contractors. However in Alabama, we follow the collateral source rule, which states benefits received by plaintiff from a wholly independent source (i.e., the insurance company), shouldn’t diminish the damages otherwise recoverable by the wrongdoer. So payments or credits received by a third-party payor aren’t credited against defendant’s liability.

California, where the case of Uspenskaya v. Meline was recently heard by the Third Appellate District in Sacramento, allows collateral source evidence as well, but there are some exceptions. Continue reading