Last updated 3 days ago
One of the first questions most individuals have following an automobile accident is how they can prove fault when filing a claim. Proving fault or negligence can be an extremely difficult matter and often requires the assistance of a qualified car accident attorney. Before you contact an attorney, educate yourself on the ways that you can prove who was at fault during an auto accident.
Review the Police Report
One of the first ways to prove fault in an auto accident is to obtain a copy of the police report. These reports often contain the officer’s opinion on what happened, who was at fault, and whether a citation was issued. While police officers may not respond to all accidents, you can file a report yourself by contacting your local police station.
Know the Law
Another way to prove that the other driver was at fault for an auto accident is to research your state’s specific regulations concerning traffic violations. This includes laws regarding speed limits, right of way, rear-end collisions, left-turn accidents, and road signs. Many of these laws are accessible through the Department of Motor Vehicles and can help to support your claim.
Contact an Attorney
One of the best ways to prove fault following a car or truck wreck is to consult a qualified attorney. Most accident lawyers will help you obtain the necessary documentation needed to file your claim, research your state laws, and interview witnesses on your behalf. Take the guesswork out of proving negligence by hiring an accident lawyer.
McCutcheon & Hamner, P.C. is devoted to helping North Alabama residents gain the compensation they deserve for personal injuries. For more information on seeking compensation for your car accident, motorcycle accident, or on-the-job injury case, give us a call at (888) 300-8721 today!
Disclaimer:
The materials available at this website are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use and access to this website or any of the links contained within the site do not create an attorney-client relationship. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.
Last updated 10 days ago
Personal injury is a highly specialized area of law that becomes necessary when an altercation or accident occurs. The involved parties must establish negligence in a case if physical or psychological injury was incurred.
This video takes a closer look at personal injury settlements. Individuals who are injured due to the negligence of another may be entitled to a number of damages, including lost wages and payment for medical expenses, pain and suffering, and loss of enjoyment in life. Learn more in this full clip.
Have you recently been injured in an automobile or trucking accident? Get the representation you need by contacting McCutcheon & Hamner, P.C. at (888) 300-8721.
Disclaimer:
The materials available at this website are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use and access to this website or any of the links contained within the site do not create an attorney-client relationship. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.
Last updated 17 days ago
Being involved in a car accident can be one of the most terrifying and emotional experiences of your life, making it difficult to handle the situation appropriately. Make sure you get the compensation you deserve by following these steps after an automobile accident.
Exchange Information
One of the first steps to take following a car accident is to exchange information with the other drivers involved. This includes the full names of the drivers, their license numbers, addresses, phone numbers, insurance carriers, and insurance policy numbers. It is also important to obtain the full names and addresses of any witnesses and passengers or pedestrians who were involved in the accident.
Document the Accident
Once you exchange information with the other driver or drivers, remember to document the scene. You may consider using a camera to record the damage to each vehicle; however, in the event you do not have a camera, you can still provide a written description of the damage. You will also want to include a description of each car, including the make, model, color, and year. As a good rule of thumb, also include a description of how the accident happened and the exact location in your documentation. If you were injured, take pictures of your injuries and their progression.
File a Police Report
While not all police officials will respond to an accident, you can file a state vehicle accident report with your local police station or the Department of Motor Vehicles. This information will be necessary later when you begin the claims process.
Contact an Attorney
One of the last, and most important, steps to take after a car accident is to consult a car accident or personal injury attorney. Working with a lawyer will expedite the claims process to ensure that you get the compensation you deserve. An experienced attorney can also communicate with your insurance carrier on your behalf.
Whether you’ve recently been injured in a car accident, trucking accident, or construction site accident, McCutcheon & Hamner, P.C. is here to help. We also handle workers’ compensation and Social Security Disability cases. Learn more about your legal options by contacting us at (888) 300-8721.
Disclaimer:
The materials available at this website are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use and access to this website or any of the links contained within the site do not create an attorney-client relationship. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.
Last updated 24 days ago
Q: We have a son who is on SSI and lives in a group home. Can you give us advice on how we can put him in our Will without interfering with his SSI?
Barbara, Florence, AL
A: I know that you worry about what will happen to your child after you and his father pass away.
Remember that SSI (supplemental security income) is based on need meaning if he inherits any property or money his SSI stops. It will not begin again until the value of that property or amount of money he inherits is used up before his SSI will start again.
That means that whatever you leave him may as well be left to the tax man because the government will take that property in return for supporting your son.
A solution that I have seen is leaving his share of an inheritance to someone you trust to use the money for his benefit. I do not know what your son’s level of functioning is or whether or not there are other family members that you can leave your property to that you trust.
There are certain types of trusts that will hold assets (money or property) that can protect his SSI benefits. Remember that one of the benefits that he receives as an SSI recipient is Medicaid for his health care needs and that is very valuable.
We do obtain social security disability benefits and SSI benefits as part of our day to day personal injury law practice.
I personally would be uncomfortable setting up what is known as a “Special Needs Trust” but there are lawyers who have done that successfully and would be comfortable doing so. I would suggest you speak with an “elder law” attorney or a tax attorney for some specific guidance and pricing.
I think it is important anytime you hire an attorney to ask whether they have been successful in the area of law that you need representation. Ask if they have tried that type of case to a jury or a judge and won and if so, how many times. If you want or need a trust, ask how many like it have they prepared for others in your situation. Any attorney should answer those questions. Be sure you are comfortable with the attorney you hire.
I always end by saying buckle up and drive safely and stay safe, take your time and avoid injury.
Get the representation you need by contacting McCutcheon & Hamner, P.C. For information on our practice areas or to schedule an initial consultation, call us at (888) 300-8721 or by visiting our website today.
Disclaimer:
The materials available at this website are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use and access to this website or any of the links contained within the site do not create an attorney-client relationship. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.
Last updated 1 month ago
Q: My husband was injured on the job. He will not talk to an attorney or sue his employer for fear of losing his job. What are his rights?
Billy, Waterloo, AL
A: Well we don’t bite. At least not our own clients or potential clients. Joel and I both handle on the job injury cases. The law regarding the Alabama Workers Compensation Act is complicated and the injured worker’s attorney is only entitled to charge 15% although the employer may hire as many attorneys at whatever price they choose.
It is always our goal to make money for our clients and make certain that they understand the choices that they have under the law regarding accidents and injuries that occur on the job. We do talk to people free of charge and occasionally evaluate a case and tell a person that the offer that has been made is either fair or in an amount that they should take because hiring a lawyer and paying the expenses of litigation would leave them less than the offer.
Workers compensation addresses four (4) main areas. First is temporary total disability payments (TTD), payment for the period of time that a worker is unable to work following an injury and before they are released by a doctor. The amount of TTD is two-thirds (2/3) of the workers pay adjusted in some cases for the payment of health insurance by the employer. Typically, this amount is averaged over the previous 52 weeks before the injury.
Workers compensation pays for the medical expenses for an injury including doctor bills, prescription medicine costs, and mileage to and from doctor appointments. Medical expenses related to the original injury can be paid for the lifetime of the injured employee, although employers look for an intervening event, such as a car accident or new injury to stop paying medical bills. A worker may fire their doctor and ask for a list of four (4) doctors and chose one.
Workers compensation pays for a permanent injury. Certain injuries are contained in a schedule such as the loss of a finger or hand. For instance, loss of a little finger pays 16 weeks. If you make minimum wage it is still 16 weeks and if you make $24 an hour it is still 16 weeks subject to minimum and maximum amounts for the year the injury was received. Back injuries are considered to be vocational and if you are not returned to the same wage level, you are entitled to calculate how many jobs you no longer can do in the national economy for a percentage of vocational loss. Vocational losses pay 300 weeks up to 99% loss and pay for life for a serious permanent injury that renders someone 100% unable to work.
Workers compensation in certain situations will pay for vocational retraining if recommended by a doctor. I have handled cases where my clients have received training to do computer oriented work as opposed to hard physical labor due to back injuries and the employer’s insurance company has to pay for the costs of retraining the worker.
Obviously, this is very simplified but does address the main rights an injured worker has although there are many others. I would enjoy speaking to your husband and answering any question that he has.
Buckle up and drive safely.
Get the representation you need by contacting McCutcheon & Hamner, P.C. For information on our practice areas or to schedule an initial consultation, call us at (888) 300-8721 or by visiting our website today.
Disclaimer:
The materials available at this website are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use and access to this website or any of the links contained within the site do not create an attorney-client relationship. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.
