Questions Answered by Drew Barnett - Justia Legal Answers

• 5 November 2012Q: What is lawyer?
  A: Looks like there was an error during the posting process. Repost with the information you were seeking and I'm sure you'll get some feedback. To get a precise answer, be sure to include as much detail as possible in your new post.
• 5 November 2012Q: What is a civil suit and how do i find out who is filing the suit?
  A: A civil law suit is an action seeking monetary damages or equitable relief (like an injunction ordering an individual or entity to do/refrain from doing a particular act). Typically, monetary damages is the primary relief sought in a civil law suit. If you are sued, you will be served with a copy of the complaint and summons. Those documents will inform you of the nature of the suit and the party/parties bringing suit against you.
• 5 November 2012Q: IS THERE A TORT CAP ON AWARDS TO A SUCCESSFUL PLAINTIFF IN A REAR END COLLISION BY A ALABAMA POLICE CRUISER
  A: Yes. Pursuant to Ala. Code 11-93-2, the recovery of damages against a governmental entity is limited to $100,000.00 for bodily injury or death of an individual in any single occurrence. You should speak with a local personal injury attorney immediately as special time restrictions generally apply to plaintiffs seeking damages from governmental entities.
• 29 October 2012Q: 16 year-old daughter rear ended someone due to sun blinding her & defroster not working. Do I need to go to court?
  A: Since your daughter rear ender someone else, sounds like your daughter is probably at fault for the accident. You should speak with your insurance company first. If a claim is filed against her, your insurer will likely provide counsel to defend the claim (at least up to amount of your policy limits). However, your insurance carrier may simply settle the claim before an attorney is needed. They should inform you of what to expect based on their current information. Good luck.
• 28 October 2012Q: I was hurt in a head on collision that wasn't our fault. I'm 17 & I don't know what to do to sue the other driver. Help?
  A: I assume you sought medical treatment for your injuries after the accident. (If you haven't, see a physician immediately). Follow your doctor's advice. In the meantime, schedule an appointment with a local personal injury attorney. He or she can provide an in-depth analysis of your case and advise you of how you should proceed with your claim. Good luck.
• 28 October 2012Q: Have a tort question
  A: Looks like an error occurred while posting. Go ahead and repost your legal question. When doing so, be sure to provide as many details as possible so you can get a precise answer.
• 28 October 2012Q: My thumb got jammed in a vice at work, and had to be amputated. My boss dont want to pay my dr's bills. Can I make him?
  A: I agree with the other answer. Absent some unusual circumstance, you likely have a claim for workers' comp benefits. Consult a local WC lawyer to learn more about your rights. Good luck.
• 19 October 2012Q: I was injured in a car wreck after I hit a ladder in my lane on the interstate. No other cars. Do I have any rights?
  A: Sorry to hear about your injury. Under Alabama law, roadway debris is presumed to have been left by an uninsured motorist. Therefore, you may be able to make a claim for UM benefits from your own auto insurance carrier. Alabama requires taht every auto insurance policy provide uninsured/underinsured motorists' benefits unless the policy holder specifically opts-out of such coverage. Consult an Alabama auto accident lawyer to discuss your particular uninsured policy and making a claim for benefits to cover your injuries.
• 17 October 2012Q: What is comparative negligence?
  A: Contributory negligence is a defense to negligence actions that essentially states that the plaintiff's own conduct caused, or at least contributed, to his or her injury. Jurisdictions across the U.S. follow one of three different schemes regarding contributory negligence: pure comparative negligence, partial comparative negligence, and pure contributory negligence. In pure comparative negligence jurisdictions, the apportionment of damages tracks apportionment of fault perfectly--if a defendant is 25% responsible and a plaintiff is 75% responsible, the plaintiff will recover 25% of his total damages. In partial comparative negligence jurisdictions, damages are apportioned only if the defendant's fault exceeds the plaintiff's fault. Thus, the plaintiff will not recover any damages in a partial comparative negligence jurisdiction if he is found responsible for 50% or more of his own damages. In pure contributory negligence jurisdictions, like Alabama, a plaintiff cannot recover any damages if he is found responsible for ANY of his damages. Depending on the facts of a particular case, there may be ways to combat a defense of pure contributory negligence. Thus, you should seek the advice of a local personal injury attorney regarding the specific details of your case.