What should I do when I have been in an accident?
Every situation is different, but here is a short list:
- First, try to remain calm.
- If you or someone else is injured, call an ambulance.
- Call 911 or the proper law enforcement agency.
- Unless you have been injured, remain at the scene until law enforcement arrives.
- Cooperate with law enforcement in preparing the accident report. When doing so, stick with the facts as you experienced and witnessed,
- Do not admit fault. You do not know all the facts at this time. We recently handled a case in which upon first blush it appeared our client pulled out in front of the vehicle that hit him. However, after locating multiple witnesses who stated the other driver had, immediately before the wreck, been swerving around them while driving at a recklessly high rate of speed, we settled the case in our client's favor and made him very happy.
- Call (256)739-1962 or click here and let us know about your case for a free case evaluation.
- DO seek prompt medical treatment for your injuries and seek follow up care if you continue to experience pain or problems from your injuries.
- DO call a trusted experienced personal injury attorney as soon as possible after an accident.
- DO NOT sign any documents without reading and understanding them. When in doubt consult an attorney.
- DO NOT speak with insurance adjustors from any company before contacting an experienced lawyer to learn of your rights.
- DO take photographs of the scene of the accident and the vehicles involved particularly when the damage to the vehicles is significant.
Yes. At Collins Law Offices we offer:
- Free consultation.
- No up-front attorney fees. Fees are contingent on winning the case.
- No up-front expenses, and you do not have to repay the expenses unless your case results in a settlement or verdict.
Why is it important to hire an attorney early?
- The insurance adjuster is working against you.
- The insurance investigator is working against you.
- The insurance medical consultant is working against you.
- The insurance lawyer is working against you.
- It is the insurance companies goal to delay and to pay you as little money as possible.
- Evidence disappears and fades.
- Memories fade.
- Cars and trucks get fixed or salvaged and the evidence of damage disappears.
- Bruises, cuts, broken bones, scratches, etc. heal before they can be documented.
- You fail to get the medical treatment you need, leaving gaps in your treatment that will be used against you.
- You are giving recorded statements or taking other actions that can be used against you and damage your case.
When should I call a lawyer?
The sooner the better. If you contacted our firm and we were able to accept your case, we would immediately begin our investigation by collecting and preserving the evidence, whether its pictures and debris from the scene or contacting and interviewing witnesses. We would also immediately contact all insurance companies involved and inform them to contact us, not you. We would ensure that the insurance company does not attempt to take advantage of you. If you have not already done so, we can assist in settling your vehicle property damage claim.
There are also strict time limits on your case called statute of limitations after which you will be barred from pursuing your case. You should contact a trusted experienced personal injury attorney as soon as possible.
Call (256)739-1962 or click here and let us know about your case for a free case evaluation.
Should I handle the personal injury claim myself so I won’t have to pay attorney’s fees?
If you did not suffer injuries that required medical treatment or only sustained damage to your vehicle or other property, then you may be able to handle the claim yourself. However, if you sustained a serious injury, you should contact an experienced personal injury attorney as soon as possible. There is no reason not to get good legal advice. The consultation is free and you do not have to pay anything to pursue your case. At the Collins Law Offices you only pay if we obtain a settlement or verdict for you. For the great majority of cases, you will end up with a better settlement for your bottom line even after attorney fees than if you did not have an attorney.
The insurance company has highly trained adjusters, investigators, medical consultants, and lawyers on their side. You need a trusted experienced personal injury attorney on your side. The insurance company does not want you to hire a lawyer for a reason.
Do you make house calls or hospital visits?
Yes. Just call us at (256)739-1962 or click here and let us know a little about your case and that you would like us to come see you at your house, at the hospital, or another place of your choosing and we will be happy to come see you.
Should I try to collect "evidence"?
If you are having pain at all, seek medical attention first. Above anything else, get the medical treatment you need. Next, if there is any type of serious injury, you should call a lawyer and let their firm handle the investigation. However, if you do not need medical attention, or if you are released from treatment, or if you can have someone else do these things for you, and you are not ready to retain a lawyer, collect the following if possible:
- Names and phone numbers for all witnesses, including all law enforcement officers who arrive at the scene and even passengers in the other vehicle
- Take pictures of the scene, preferably before any vehicles are moved, and the vehicles
- The name of the other driver's insurance company
- As soon as possible obtain the accident report
Although this would seem reasonable and fair, it, unfortunately, is not the case. Most insurance companies will not pay anything unless they feel it is in their best interest. Paying for you to seek medical treatment, that you may not be able to afford otherwise, would not only help you in your treatment, but would provide evidence that their insured caused you injuries and damages, and they will almost never do that. So, use your own health insurance, if you have it. You may have to pay them back from your settlement, but it is normally at a reduced rate. You get the benefit of your health insurance carrier’s contract with the treatment provider, and your health insurance carrier will normally reduce the amount you owe them back by their portion of the attorney fees. Ultimately, through either settlement or verdict, the at fault driver's insurance company will be required to pay the medical bills as part of the overall settlement or verdict. If you do not have health insurance, many treatment providers will work with your attorney and agree treat you, if you and your attorney agree that their payment will be made from any settlement.
No matter how you obtain medical treatment, make sure you inform the treatment provider that you were injured in the motor vehicle accident and of each and every injury, no matter how small, you have from the accident.
What is my case worth?
A good lawyerly answer to this question is “It depends”. Determining the value of a car wreck case or other personal injury claim depends upon the severity of the injuries, the circumstances of the accident, the amount of insurance available, and whether there is any “heat” in the case (this would be reckless, wanton, or intentional acts by the person causing the accident, such as drunk driving, very excessive speed, knowingly allowing a dangerous environment, or a criminal act.
Determining a case’s value is more of an art than a science and is learned through experience as an attorney handling personal injury claims. There is no particular number a case is worth, but a range or ballpark we work to achieve. We may be able to estimate the range of the value of your case after we have reviewed all medical records and important evidence that may be admitted into the trial of the case.
To learn more about the value of your case, speak with a trusted experienced personal injury attorney at the Collins Law Offices by calling 256-739-1962 for a free no obligation consultation.
Do I have a case?
If you were injured in an accident and it was not your fault, then you most likely have a case. How good of a case depends on the factors mentioned in the “What is my case worth?” section above. Call (256)739-1962 or click here and let us know about your case for a free case evaluation.
Are truck accidents valued differently than a car to car wreck?
18 wheeler wrecks normally result in more damages and more severe injuries. In addition, semi-trucks are required to carry commercial insurance policies with large liability limits. Due to their training and experience and the known damage their negligence could cause, truck drivers are held to a somewhat higher standard. The attorneys at the Collins Law Offices have the knowledge and experience to get the results you deserve when you have been injured in an 18 wheeler wreck.
Call (256)739-1962 or click here and let us know about your case for a free case evaluation.
How long will my case last?
Again, the good lawyer answer is “It depends.” First, the majority of the time, if possible, we do not begin settlement negotiations until you are released from your doctor. There are times when we know of certain future medical treatment or ongoing physical or drug therapy that we can attempt settlement with the estimated costs of the future treatment included. Once settlement negotiations commence, it can take as little as six weeks, if we get a fair offer quickly, to as long as three to four years if we have to file suit and have a jury trial. While we often must file suit to show the insurance company we are not accepting their low-ball offer, most personal injury cases settle without going to trial.
Call (256)739-1962 or click here and let us know about your case for a free case evaluation.
What kind of expenses are involved?
For personal injury cases, the Collins Law Offices uses a contingency fee agreement. This means that you pay nothing upfront, but pay a percentage of the settlement or verdict when and if recovery is made. Not only do you not pay any attorney fees upfront, but you also do not pay any of the expenses up front. We advance the expenses and upon settlement or verdict we will be reimbursed those expenses in addition to the attorney’s fees.
Types of expenses can include medical records, lawsuit filing fees, investigator expenses, expert witness fees and costs, accident reconstruction costs, deposition costs, exhibit preparation, etc. These expenses do not include any of the attorneys’ time. If we do not win a settlement or verdict, you will not be required to reimburse us for these expenses.
The driver who hit me didn't have insurance – what should I do?
If you are in an accident caused by a person who did not carry liability insurance at the time of the accident it can be incredibly difficult to try to collect from that person the damages to which you are entitled.
If you are in an accident caused by an uninsured driver, you may have a claim under your own auto insurance policy if you carried uninsured/underinsured motorist coverage. If so, your own insurance company stands in the place of the uninsured driver and that makes you adverse to your own insurance company.
The best approach is to contact a personal injury attorney to represent you in your underinsured or uninsured motorist claim.
Call (256)739-1962 or click here and let us know about your case for a free case evaluation.
Can I get a lawsuit started for an injured family member?
Yes, in limited circumstances. If your injured family member is incapacitated, or a minor child, or killed in the accident the law allows and/or demands certain relatives or guardians or the personal representative of the estate to proceed and litigate a matter on behalf of such an incapacitated person.
Who is allowed to sue for wrongful death?
A wrongful death claim must be brought by the personal representative of the deceased’s estate. So, before anything can be done an estate must be opened for the deceased. Our law firm will handle the administration of the estate of the deceased for no additional attorney’s fee. Though an estate must be opened in order to pursue a wrongful death claim, any recovery will not pass through the estate. Instead, the damages will be paid out according to the statute of distributions (that is proportionally to the heirs of the deceased as if the deceased had passed away without a will). One benefit of this is that recovery will not be subject to any debts or claims against the estate.
Call us at (256)739-1962 or click here and let us know about your case for a free case evaluation or to discuss a wrongful death claim on behalf of your loved one.
How is the value of a wrongful death case established?
The State of Alabama’s wrongful death statute is different than any in the country. The damages set out in Alabama’s statute is based on “the wrongful act, omission, or negligence of the person or company causing the death. Other states base damages primarily on the future income potential of the deceased.
Should I give the insurance company a tape recorded statement?
If you believe you may have suffered a serious injury, do not give a statement, contact a personal injury attorney immediately. You may at some point give a statement, but it will be with your attorney present. Per your own insurance policy contract on your own vehicle, you are required to cooperate with your insurance company. If a recorded statement is requested by your own insurance company, inform the adjuster that you will cooperate, but you want to wait until your attorney is present.
What is the Statute of Limitations in Alabama for personal injury?
Alabama has a strict statute of limitations for personal injury claims that can bar a claim where either settlement has not been reached or a lawsuit has not been filed within two years from the date of the accident. The burden is on you to make sure this is done. This is another reason why it is important to at the very least have a consultation with a trusted experienced personal injury attorney as soon as possible.
It is also important to know that there are circumstances in which the statute of limitations can in effect be shortened. This is often the case in claims against a government entity where you must give notice of claim within six months or a year depending on the type of government entity (city or county).
There are also situations where the statute of limitations can be longer. This is often the case when the injured persons are minors.
Again, it is important to see a lawyer as soon as possible. Do not wait until the last second. It may be too late.
Call (256)739-1962 or click here and let us know about your case for a free case evaluation.