The Mitigating Factors For A Personal Injury Case In Alabama
Interviewer: What are things that someone can do to help things go faster or more efficiently? Are there any specific documents that they should prepare to help speed up the process?
Brett Hollett: You should always keep your attorney up to date on your treatment. Meaning if you change treatment providers or if you go see a doctor and they suggest a new or different treatment plan, your attorney should be made aware of the change or progress. If your doctor says, “I’m going to release you from my care”, that’s something that we need to know and obviously, the quicker you let us know this information the quicker we can then request your records and billing. As soon as we have all your medical records and billing, we can start to draft a formalized demand package to the insurance company.
A Competent Attorney Provides Specialized Personal Attention to Their Clients
Interviewer: What are some things that make your firm a good choice for someone?
Brett Hollett: The amount of personal attention that we provide all of our clients, the accessibility that we have to our clients. We pride ourselves on being a small firm with big firm talent, so when you call and try to get in touch with me in my office, I’m going to call you back. You’re not going to be handed off a junior associate or a paralegal, you’re going to get to talk to me. I’m going to be able to walk you through the process and be there with you from day 1 to answer any questions you may have and to make sure that we maximize your chance at success.
The Client’s Health Insurance Company May Have a Subrogation Right
Interviewer: During this whole process, who are all the different kinds of people that you talk to that you have communication with aside from people that are involved with the court?
Interviewer: If it’s a car accident type case or if it’s another injury related type case your health insurance company may be involved. The health insurance company may have what’s called a subrogation right. That means if they provide medical benefits to you for treatment for an accident that was not your fault, they may have a right to recover some of that benefit from any potential settlement or verdict.
Attorneys Can Negotiate with Health Insurance Providers as Well as Debt Collectors on the Client’s Behalf
We would talk to the health insurance company and we may also negotiate with different debt collectors if the person doesn’t have health insurance and their medical bills were turned over the debt collector or a hospital lien was filed. Oftentimes, we can negotiate reductions in the amount owed to health care providers. Some cases will require investigators and we would work closely with them to ensure success. Investigators can help interview witnesses and gather information to prepare a case for trial.
The Fundamentals Involved in Filing a Lawsuit in Alabama
Interviewer: What are some fundamentals about a lawsuit?
Brett Hollett: First thing to know is that any lawsuit must be filed within the applicable statue of limitations. For personal injuries cases in Alabama that time limit is 2 years from the date of the injury. Even if a lawsuit is filed, your case may still settle and most likely will settle. A case can even settle mid trial. However, after filing suit the process is going to be drawn out; there’ll likely be depositions from both sides and there may be multiple depositions. Typically, the defense attorneys will initial tender only lowball offers and thus, the case will drag along. A lot of these cases tend to settle on the eve of trial because the pressure of a potential runaway verdict is now real. Juries can instill uncertainty and fear in insurance companies and defense lawyers and can this fear and uncertainty can facilitate a settlement. However, some cases do try and clients need to be prepared. They will likely testify and need to be comfortable taking the stand to explain what happened and their injuries.
It is Advisable Not to Procrastinate When Looking to File a Personal Injury Claim
Interviewer: Is there any last bit of advice that you’d give to someone that’s looking to pursue a personal injury claim?
Brett Hollett: The most important thing to do is to contact an attorney and take advantage of the free consultation. Additionally, you need to seek medical treatment as soon as you feel any pain and not try to tough it out. I know a lot of people tend to tough it out or, use the wait and see approach but a lot of times that’s going to be the worst thing to do in your case. The insurance company will try to use that against you and it can have a detrimental effect on your case.
Get your questions answered - call us for your free, 20 min phone consultation (205) 871-9990