Wrongful Death Cases Refer To An Individual’s Death Being Caused By Misconduct Or Negligence Of Another Person
Interviewer: What does wrongful death mean? I mean what can you tell us about wrongful death cases?
Brett Hollett: It is the taking of the life of an individual from the willful or negligent act of another person. A cause of action may be brought for the intentional or unintentional act that causes injury that results in death.
In Premise Liability Cases, an Attorney Looks to Determine the Hazard and Whether the Owner Used Reasonable Care to Fix or Warn Visitors About the Danger
Interviewer: When you work with premises liability cases, what are some of the things that an attorney is looking for?
Brett Hollett: Any property owner who opens their doors to the public has the responsibility to maintain their premises and ensure it is reasonably safe for the public. Alabama law requires property owners to take reasonable care to clear hazards off their property and nearby public walkways. Taking reasonable care means fixing or warning visitors about dangers such as wet, icy or slippery passageways, obstructed walkways, uneven floors, crumbling stairways or broken or missing handrails, inadequate security, and insufficient lighting. Liability for unsafe premises can also include elevator accidents, sickness or injury caused by poor ventilation and liability for attacks by dogs or other animals. Premise liability accidents can happen at anytime and anywhere from commercial properties such as malls or amusement parks to public properties such as government building or public streets to private residences to construction sites.
In Medical Malpractice Cases, Medical Professionals that Breach their Standard of Care are Sued
Interviewer: What should people know about the medical malpractice?
Brett Hollett: Medical malpractice is defined as improper, unskilled or negligent treatment of a patient by a physician, dentist, nurse, pharmacist or other health care professional. Health care professionals owe a duty of care to those who seek their treatment. Medical malpractice cases occur when health care professionals breach their standard of care, either through negligence or omission and that breach causes either harm or death to that person. The standard level of care can be described as the acceptable degree of care and skill that a professional of the same medical specialty would use under similar circumstances.
It is Imperative for an Injured Party to Contact an Attorney Immediately After Suffering an Injury
Interviewer: How soon, as a general rule of thumb, how soon after the injury should someone contact an attorney?
Brett Hollett: Immediately. Injuries suffered as a result of accident can be severe and life altering. An attorney can help evaluate an individual’s claim, discuss their situation and go over all options that may be available to them, as well as work with insurance companies and other parties to make sure all of your needs are being addressed. It is also very important to seek immediate medical attention for any injuries you may have sustained. Not only is this important to ensure your health; it is also important because you want to have records documenting your injuries as soon as possible after the accident. This can help strengthen your claim and not allow an insurance adjuster to dismiss your injuries.
An Attorney Can Negotiate with Health Insurance Providers on Behalf of a Client
If someone is hurt, they should seek the medical attention immediately and then, obviously continue to seek medical treatment if their symptoms persist or worsen. An attorney can help collect all of the medical records and billing for a client and even negotiate with the client’s health insurance providers. Health insurance companies have a subrogation interest in all personal injuries cases. Meaning that if you are able to settle your case, the insurance company should be repaid for payments that it made on your behalf that should have been borne by the wrongdoer. An attorney can negotiate with these health insurance companies to waive or reduce their subrogation claim.
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