When Does My Case Need to Be Filed?

If you’ve been injured in an accident, time is of the essence when filing your claim. In addition to the possibility of evidence being lost and witness memories will fade, the law sets a time limit on when you can file. That time limit is called the statute of limitations. What Is the Statute of Limitations for an Alabama Personal Injury Case? The statute of limitations for an Alabama personal injury case is two years. That means you have two years to file your case in court from the date of the accident. To be clear, filing in court means submitting the actual paperwork to the courthouse to start your case. It doesn’t mean the first time you talk to your lawyer, try to settle the case, or do anything else related to the case. For that reason, it’s important to talk to an attorney as soon as possible after your accident even if you’re not sure that you’ll need to file a lawsuit. It can take several weeks or even months to properly prepare a lawsuit to bring to court. Do You Need to Settle or Get a Verdict Before the Statute of Limitations Expires? The statute of limitations […]

What is Negligence Under Alabama Law?

Most people agree that the term negligence means that an individual or business failed to exercise appropriate care and committed a careless action because of it. A driver who caused an accident by failing to signal a turn could be guilty of negligence. However, you would need to prove a legal standard of negligence if you were injured by this driver. Examples of Driving Negligence Distracted driving is a problem that continues to kill and injure thousands of drivers and passengers every year. Some typical examples of distracted driving include talking on a cell phone, composing or reading a text message, eating or drinking, changing the radio station, and turning attention to something outside of the vehicle. Unfortunately, it can take less than a second of driver inattention to cause a serious accident. Traffic violations such as speeding, running a red light, failing to signal, following a car too closely, and driving a car with faulty equipment are all common examples of driving negligence as well. If you get into a car crash due to any type of distracted driving or traffic violation committed by another driver, you have the legal right to file a personal injury lawsuit against him […]

Were You Injured by a Driver Without Insurance? Here’s Why You Need a Lawyer

Getting into an automobile accident can be a life-changing event. To make matters worse, every year thousands of Alabama car wrecks are caused by drivers without insurance. What should you do if you are the victim of a motor vehicle accident Alabama and the at-fault driver doesn’t have insurance? Equipping yourself with accurate legal advice is the first step. You may have a claim against the owner of the vehicle who loaned the vehicle to the uninsured driver. You may also have insurance coverage available through your own automobile insurance carrier. Here are some reasons you absolutely need a car crash lawyer — regardless of the nature of your injuries or what your own insurance company says. The Dangers of Driving in Alabama If you’re a responsible motorist, then you make sure that you have insurance before hitting the road. Unfortunately, not everyone feels quite as strongly about protecting themselves and others. Just how likely is it that you’ll encounter an uncovered motorist in Alabama? Statistics from 2009 estimated that almost 22 percent of the people on our roadways were uninsured. Multiply that rate by the approximately 2.2 million registered vehicles statewide, and the total comes to more than 480,000 motorists who lack coverage. The Realities […]

Derek Simpson Among America’s Top 100 High Stakes Litigators® for 2019

Contact     Kevin Wieser – Membership Director Telephone     (714) 409-8126 Email     Membership@AmericasTop100Attorneys.com Website     www.Top100HighStakesLitigators.com FOR IMMEDIATE RELEASE America’s Top 100 High Stake Litigators® July 18, 2019 – Announcing the selection of Derek Simpson among America’s Top 100 High Stakes Litigators® for 2019.  Selection to America’s Top 100 High Stakes Litigators® is by invitation only and is reserved to identify the nation’s most exceptional trial attorneys in high value, high stakes legal matters.  To be considered for selection, an attorney must have litigated a matter (1) with at least $2,000,000 in alleged damages at stake or (2) with the fate of a business worth at least $2,000,000 at stake. These minimum qualifications are required for initial consideration. Thereafter, candidates are carefully screened through comprehensive Qualitative Comparative Analysis based on a broad array of criteria, including the candidate’s professional experience, litigation experience, significant case results, representative high stakes matters, peer reputation, and community impact in order to rank the candidates throughout the state.  Only the top 100 qualifying attorneys in each state will receive this honor and be selected for membership among America’s Top 100 High Stakes Litigators®.  With these extremely high standards for selection to America’s Top 100 High Stakes Litigators®, less than one-half […]

A Single Moment of Inattention

By David Little A single moment of inattention can have a profound effect on the lives of many people. On the night of December 20, 2008, a teenage driver decided to send a text message to his father, letting him know that he was on his way home from church, a reassuring message that he usually sent from the parking lot. On this evening, he sent that text from his vehicle, as he drove down a rural two-lane highway. That one extremely brief moment in time meant he did not notice the slowing vehicles in front of him, which he rear-ended before coming into our lane of traffic. We collided nearly head-on, at 55 MPH. The impact pinned me between my seat and dashboard, with both knees under my chin, my feet dangling in midair. It caused a dislocated femur and fractured hip, two broken ribs, a broken collar bone, a collapsed lung and a broken nose and meant 16 days in the hospital. It took four nurses to bathe me and to change my bed sheets at the same time. My wife and three children were able to walk away, thankfully, but the lasting emotional scars from the accident […]

Why You Need To Quickly Consult With An Experienced Lawyer After A Serious Injury

If you have been seriously injured in a motor vehicle accident because of another party’s negligence or recklessness, you have grounds for a lawsuit. The statute of limitations in Alabama for filing such a lawsuit is two years. While it is important to heal properly after surgery or other treatments, consulting a personal injury attorney promptly should also become a top priority. That’s because if witnesses are not interviewed and evidence collected quickly, memories fade and evidence disappears. This could affect the outcome of your lawsuit and is a major reason why contacting a personal injury attorney as soon as possible is crucial. How Professionals Help Professionals working for a personal injury lawyer investigate all aspects of a car crash. Our firm has a full-time investigator who is a retired police officer. He investigates all our cases involving serious injury. That includes going to the scene of the accident to find and photograph skid marks, roadway gouges, debris, and similar material. He collects statements from eyewitnesses and interviews investigating police officers while their recollections are fresh and photographs of the damaged vehicles are taken. Waiting to consult a personal injury attorney could mean that much of this evidence is no […]

Medical Bills After Car Crash

If you are injured in a motor vehicle accident, you are likely facing substantial medical bills. While you will have to pay these bills initially, if the accident was caused by another driver their insurance company should eventually reimburse you. Of course, the other driver’s insurance company will only reimburse your medical expenses up to the limit of the individual’s policy. If your medical bills exceed that limit, your health insurance policy should cover the rest of your expenses. However, much depends on the terms of the responsible party’s automobile insurance and your health insurance. Under Alabama law, each car owner must have a minimum of $25,000 in liability insurance for any accident they cause. How the Insurance System Works Auto insurance companies do not pay hospitals and healthcare providers directly after an accident. The car accident victim is eventually paid directly by the insurance company once there is a settlement, but the process can take months – sometimes years. As far as medical providers are concerned, the injured party is responsible for paying the bills. If medical bills are unpaid, the motor vehicle accident victim may find creditors coming after them. At the least, their credit rating will take […]

Why You Need a Lawyer After a Trucking Accident

Getting into a motor vehicle crash with a tractor-trailer can be an overwhelming experience. Unfortunately, for many people, this type of wreck is a reality that families must live with every day. If you or a family member are involved in a trucking accident, you should not rely on the insurance company to act in your best interests. In this difficult time, only an experienced personal injury lawyer can do that for you. Truck Accident Statistics According to the Insurance Institute for Highway Safety Highway Data Loss Institute (IIHAHDLS), 4,102 people lost their lives in truck accidents in the U.S. in 2017. Of those, 68% were occupants of the smaller vehicle in the truck crash. Trucking accidents account for the deaths of 11% of all people killed in motor vehicle accidents, and the numbers are trending upward, not down. As for injuries, the Federal Motor Carrier Safety Administration (FMCSA) reports that in 2016 – the latest year for which statistics are available – an estimated 119,000 people were injured in crashes involving large trucks or buses, and most of these injuries were serious. Truck Accident Injuries When an 80,000-pound rig collides with a smaller vehicle, the odds are not good that the […]

What To Do After a Car Accident

Depending on the severity of the crash, law enforcement and your local emergency squad typically arrive at the accident scene within minutes of calling 911. If you are ever involved in a car wreck, remembering to do the following will ensure your safety and can help your personal injury lawyer obtain the compensation you deserve for medical bills, property damage, lost wages, physical pain, and mental suffering. 6 Things You Should Do After a Car Accident 1. Move Away from Dangerous Situations Gasoline spilling onto the pavement, smoking vehicles, and busy oncoming traffic are examples of dangerous situations existing after a car crash. Never try to push overturned cars back onto their wheels or drive a wrecked car away from the scene. Go to a safe place and wait for the police to arrive. 2. File and Obtain a Police Report of the Car Accident It’s always best to file a police report from the scene. This report is typically available within 72 hours of the crash. 3. If Possible, Get Witness Contact Information Should liability and fault be challenged, having witnesses who can provide testimony is vital to obtaining compensation. Make sure to obtain the names and contact information from any witnesses. 4. […]

Wrongful Death Case – April 2017

On February 25, 2019, the United States Supreme Court upheld a multi-million-dollar verdict secured by Warren & Simpson’s wrongful death attorneys in a truck wreck case. After a week-long trial in April of 2017, a Madison County jury rendered the verdict in favor of the Estate of Juan Estrada and his two minor children and against a Mississippi construction company that owned and operated the tractor-trailer. Juan Estrada, a 35-year-old resident of Huntsville, Alabama, worked for Thermal Insulation, Inc. Mr. Estrada performed commercial insulation work in buildings and factories throughout the Southeast. Juan Estrada and three co-workers were traveling west on U.S. Highway 72 from Huntsville, Alabama, to Memphis, Tennessee. A Peterbilt 18-wheeler, owned by the Mississippi construction company and driven by its employee, ran a yield sign and failed to yield the right of way to the Estrada vehicle. The truck driver misjudged the distance of the Estrada pickup. The Estrada pickup collided into the left rear of the tractor-trailer. Juan Estrada was killed in the tractor-trailer collision. He is survived by his wife and two children. The jury awarded the Estrada estate $2,731,762.00. The verdict was comprised of $731,762.00 for future lost wages, and $1 million each to […]