| Read Time: 2 minutes
Accident Reports

How to File a Complaint Against a Nursing Home in Alabama

When you move a loved one to a nursing home, you assume they will be respected and receive appropriate care. Unfortunately, nursing home neglect and abuse is a problem happening at nursing homes around the country. Many instances of abuse are not reported, which only helps these facilities get away with mistreating residents. Alabama elder abuse laws have provisions to protect nursing home residents, which is why it’s crucial to report any suspected abuse and contact an Alabama nursing home abuse attorney right away. If you have concerns about how a nursing home treats your family member, you should file a complaint right away. At Fob James Law Firm, we understand how upsetting it is to think about a loved one suffering harm. We have years of experience fighting for victims’ rights and can help you hold the facility accountable. Who to Contact to File a Nursing Home Complaint in Alabama? When you see signs of possible abuse or neglect, you should submit a report to the Alabama Public Health Department by contacting the ElderCare Hotline at 1-800-356-9596. If the matter is urgent and you believe a family member’s life is in danger, call 911 immediately. You can also file online by filling out the Nursing Home Complaint Form on the Alabama Public Health website. You need to fill out the form as completely as possible. The more information you provide, the more quickly the agency can act. If you are concerned about retaliation, you can file an elder abuse complaint anonymously as well. The representative assigned to the case will not reveal your name during the investigation. Once the agency receives the complaint form, it will open an investigation. You will receive a call from the State Survey Agency representative if you leave your contact information. They will let you know who to follow up with at the agency as well. Nursing home complaints that involve state or federal nursing home regulations will be looked into as soon as possible. The agency representative will observe patient care, look at records, and conduct interviews with the staff. Once the matter is concluded, the State Survey Agency will notify you of the results. If your complaint doesn’t fall within the State Survey Agency’s jurisdiction, they will refer the matter to the right agency for follow up and investigation. Holding the Alabama Nursing Home Accountable Reporting the suspected abuse is the first step. You should also speak with an experienced Alabama nursing home abuse lawyer who can help you get justice for your family member. We can represent the victim and pursue a claim for damages against the facility. While the official investigation is pending, the abuser could be victimizing other residents. Pursuing a claim against the nursing home requires a skilled Alabama nursing home attorney. Contact an Alabama Elder Abuse Attorney Nursing home residents have rights and protections afforded to them under Alabama elder abuse laws. If you suspect your loved one is the victim of abuse or neglect by someone at an Alabama facility, contact Fob James Law Firm today. Let us put our skills and experience to work for you and your family and hold the nursing home financially accountable.

Continue Reading

| Read Time: 3 minutes
Articles

Alabama Medical Malpractice Statute of Limitations

If you or a loved one has suffered an injury resulting from medical malpractice, you may consider filing a medical malpractice lawsuit. However, you do not have forever to file your lawsuit, as there is a statute of limitations restricting your time. Do not hesitate to contact an Alabama medical malpractice attorney as soon as possible. Alabama Statute of Limitations for Medical Malpractice Cases Statutes of limitations can significantly impact your case and right to recovery. A statute of limitations is a law imposed on every type of case restricting the amount of time a victim has to file their lawsuit. In Alabama, the statute of limitations for medical malpractice cases is two years from the date of the incident. If you fail to file your lawsuit before the time clock has run, you forfeit your right to recover for your injuries. The Discovery Rule While the typical Alabama med mal statute of limitations gives you two years to file your lawsuit, the discovery rule may delay the time clock. This rule applies to those who have no reasonable way of knowing they have fallen victim to medical malpractice. The discovery rule states that if a victim did not discover or could not have reasonably discovered the medical malpractice within the two-year timeframe, the lawsuit may then commence within six months of the discovery of the malpractice or the date of discovery of facts that should have led to the discovery of malpractice, whichever is earlier. Statute of Limitations for Minors For medical malpractice on minors, the statute of limitations is handled differently. In Alabama, minors have four years to file their medical malpractice lawsuit. If a child was under the age of four when the medical malpractice occurred, the child will have until their 8th birthday to file their lawsuit. Statute of Repose Alabama has a statute of repose for medical malpractice cases. A statute of repose places an absolute deadline on a victim’s ability to file a medical malpractice lawsuit, regardless of when they discovered or could have discovered the malpractice. This statute provides that a medical malpractice lawsuit cannot commence more than four years after the medical malpractice occurred. The statute of repose does not apply to minor children, who are subject to their own statute of limitations.  Contact an Alabama Medical Malpractice Attorney The two-year medical malpractice statute of limitations may seem like a long time, but it is not. Before you know it, the two years will be up, and you will be unable to recover what you are owed for your injuries. The best way to ensure your case is filed promptly is to contact an Alabama medical malpractice attorney. Your attorney will gather the details of your case and begin working right away. The sooner you contact an attorney, the more quickly they can start working on your case. Fob James Law Firm has over 40 years of experience helping victims of medical malpractice. We understand the stress and frustration that come from such a challenging time, and we’re here to help in any way we can. Our firm takes on fewer cases to give each case the time and attention it deserves. We give you the care and compassion you need while aggressively fighting for your rights. Our firm offers free case evaluations. Contact us today to schedule your consultation.

Continue Reading

| Read Time: 2 minutes
Auto Accidents

What Questions Should I Ask an Attorney for a Birmingham Car Accident?

Before meeting with an attorney after a car accident in Birmingham, AL, you need to prepare a list of questions. Being organized for your initial consultation will help you better understand what you can expect as your case progresses. If you meet with multiple Birmingham car accident attorneys, you can ask each firm the same questions. Their answers can help you narrow down which lawyer is right for you. The attorney you hire is someone you will be working with regularly. You need to choose someone you can trust and who makes you feel comfortable. At Fob James Law Firm, we understand the importance of finding the right attorney for your case. That is one reason we handle fewer cases than other firms—we want to give each client’s case the attention it deserves. To help you prepare for your upcoming meeting, we’ve prepared a list of questions to ask when you meet with a prospective attorney. What Area of Law Do You Primarily Practice? You want to find out what this attorney’s specialty area is. If you are looking for an attorney to handle your claim for a car accident in Birmingham, Alabama, you don’t want to choose a lawyer who primarily focuses on medical malpractice cases. What Are Your Billing Rates? Most Birmingham car accident lawyers work on a contingency basis, which means you don’t pay hourly rates. Instead, your attorney will take a percentage of your case when it settles or after a jury award. While it’s very likely this attorney works on contingency; you need to know for sure. You do not want to assume only to find out that you will be billed monthly. Have You Handled Similar Cases to Mine? What Was the Outcome? You want to know what the attorney’s experience is with cases like yours. This answer is significant if your case involves unique circumstances or severe injuries. If your case has multiple defendants and catastrophic injuries, you don’t want an attorney who has tried only soft tissue injury cases in court. What Types of Compensation Can I Get for My Accident in Birmingham, AL? When the attorney has looked over your case, you should determine what types of compensation you might be eligible to receive. Some victims do not have realistic expectations or understand what compensation they are entitled to in their case. How Long Will It Take for My Case to Resolve? Once the attorney has had the chance to review everything, you should ask how long they expect your case to resolve. Circumstances in your case may suggest that your case will take a lot longer to resolve than you expected. While an attorney cannot tell you definitively when your case will settle, they can give you a rough estimate based on the information presented.  Contact a Birmingham Car Accident Lawyer If you suffered injuries from a car accident in Birmingham, Alabama, let the skilled legal team at Fob James Law Firm protect your rights and fight for the compensation you are entitled to receive. We will work tirelessly to obtain a top-dollar settlement for you. Contact our office today to schedule an initial consultation.

Continue Reading

| Read Time: 3 minutes
Articles

Wrongful Death FAQ in Birmingham: What You Need to Know

If you lost a loved one in an accident caused by someone else, you and other family members could be experiencing devastating emotional pain. If you relied on the victim’s income and assistance, you might also be experiencing profound financial uncertainty. Pursuing a legal claim for wrongful death can be a highly effective way to get justice for the loss of your loved one and hold the at-fault party responsible for their wrongful actions. If you are considering a legal claim, you likely have many questions about your rights and how the process works. The wrongful death attorneys of the Fob James Law Firm can help you through this unthinkable experience and pursue the justice you deserve for your losses. What Is Wrongful Death? Wrongful death is typically defined as a fatality occurring due to another person or entity’s actions. In most cases, the at-fault party acted with negligence or recklessness, but wrongful death can also arise from intentional actions, such as assault. What Is a Wrongful Death Action? When a wrongful death victim’s survivors legally pursue justice and financial compensation for their loss, we refer to this as a wrongful death action. You can pursue resolution through an insurance claim and settlement or by filing a civil lawsuit in court. No settlement or jury award can undo the harm you have suffered, but recovering compensation can provide the economic stability you need to survive. However, Alabama’s wrongful death tort law provides you with the ability to hold the at-fault party accountable and make an example of them for their actions. What Is the Average Wrongful Death Settlement in Birmingham, AL? The details of every case are unique to the victim and their family. This makes it virtually impossible to estimate the average amount of Birmingham wrongful death settlements. Talking to an experienced personal injury attorney is the most effective way to determine what your case value might be. What Can You Claim in a Wrongful Death Case? Alabama’s wrongful death laws are unique in that claimants may not recover compensatory damages—only punitive damages. In other words, you cannot recover compensation for any actual damages you suffered, such as funeral expenses, lost financial support, pain and suffering, etc. You can, however, pursue legal action to hold the at-fault party responsible for their wrongful acts. Financial awards in this type of claim are known as punitive damages. Punitive damages serve to punish the at-fault party and hold their wrongful actions up as an example for others. What Are the Most Common Causes of Wrongful Death? Although victims can lose their lives in any type of accident, these are some of the most common causes of wrongful death in Alabama. Car accidents, Motorcycle accidents, Truck accidents, Defective product failures, Slip and fall accidents, Criminal assault, Nursing home abuse, and Medical malpractice. No matter what type of accident claimed the life of your loved one, talking to an experienced attorney can help you make the right choices for your future. Talk to a Birmingham, AL Wrongful Death Tort Attorney Now The experienced wrongful death lawyers of the Fob James Law Firm understand what you’re going through. We work tirelessly to help protect your legal rights and get you the compensation you deserve.Call us at 205-407-6009 or contact us online now to learn more or to talk to a Birmingham wrongful death lawyer now.

Continue Reading

| Read Time: 3 minutes
Articles

Hoover Alabama Injury Attorneys

At Fob James Law Firm, our personal injury attorneys understand how much injuries affect our clients’ lives. We know that the physical pain and immediate financial costs that injuries cause are only part of the disruption that accompanies them. Even an injury that at first appears small can have a major effect on your life. That’s why our focus is on you. Each of our injury attorneys is given a smaller caseload than at many of the other big injury firms. We make sure each of our clients gets the help they need. When our client has a question or concern, they don’t speak to a case manager tasked with managing hundreds of cases at a time. Instead, our clients speak directly with their attorneys. This ensures a level of client satisfaction that is difficult to match. It’s the Fob James Law Firm way. Practice Areas Fob James Law Firm’s Hoover personal injury lawyers have extensive experience helping to make things right for our clients. As injuries and accidents come in all shapes and sizes, so do our practice areas. Here are some of the most common practice areas our injury attorneys cover: Car accidents, Boat accidents, Truck accidents, Motorcycle accidents, Premises liability, Dog bites, Defective products, and Medical malpractice. This is a non-exhaustive list, so if you don’t see a category that neatly fits your injury, don’t worry. If it’s an injury, we can help. Contributory Negligence in Alabama When assessing who is at fault for a given injury or accident, Alabama uses the doctrine of contributory negligence. This legal doctrine looks at how and whether a claimant may have negligently contributed to their injury. Depending on the state, the doctrine of contributory negligence can be employed in different ways. Some states will reduce the amount of damages a claimant is awarded based on the percentage of their negligence contribution. For example, if a claimant is 10% at fault, the damages awarded will be reduced by 10%. In some states, you can recover some amount even if you were mostly at fault, while in others you won’t be able to recover if your share of responsibility was more than 50%. Alabama law treats contributory negligence differently. Under Alabama’s rule, a defense of contributory negligence is a complete bar to damage recovery. This means that if a claimant is proven to have negligently contributed to the damage caused to them by even 1%, they cannot recover damages. This wrinkle in Alabama law can make it difficult to recover damages sometimes. However, because our lawyers focus on personal injury in Alabama, we have a lot of experience litigating against contributory negligence claims. With experience in our back pocket, we can work diligently to make sure an accusation of contributory negligence does not derail your personal injury claim. How an Injury Attorney Can Help You Even if your personal injury claim is quickly settled out of court, a personal injury lawyer from Fob James Law Firm can be very helpful. First, as your personal injury lawyer, we will listen closely to your story. With a uniquely intimate knowledge of what happened in your case, we can outline and plan for you the best possible legal strategy with our prior experience in similar cases as a guide.  Aside from outlining the best possible legal strategy, as your injury attorney, we will help you identify different types of damage to make sure you receive full compensation for your claim. We recognize the multi-faceted ways that injuries impact people’s lives. We will also help you document any damage, so you can provide proof of the damage if the defendant questions it. The best thing we can do for you as your personal injury attorney is be your guide through the legal process from start to finish. With an experienced advocate on your side, you can be confident that your journey through a sometimes difficult and daunting path will not unnecessarily disrupt your life further. Contact Us Today If someone else’s negligent actions injure you, contact us at Fob James Law Firm today. You deserve compensation for your injuries so you can move forward with your life. Our injury attorneys are standing by to give you a free consultation and guide you through the entirety of the claims process. For more information, be sure to look at our testimonials and case results pages.

Continue Reading

| Read Time: 3 minutes
Articles

Alabama Wrongful Death Statute of Limitations

In Alabama, surviving family members may have the right to pursue legal action when a loved one dies due to another party’s wrongful actions. Depending on the details of your case, you may be eligible to recover compensation in the form of punitive damages. To recover compensation in this manner, however, an eligible party must file a civil lawsuit within the limited time allowed under state law. Understanding the statute of limitations and how it affects your claim is critical to protecting your legal rights and preserving your right to recover compensation. What Is the Alabama Statute of Limitations for Wrongful Death? In most cases, the Alabama wrongful death statute of limitations allows you only two years from the date of the victim’s death to take legal action in a wrongful death claim. If a legal claim is not filed within this period, you could lose your right to pursue legal action and recover compensation. In some cases, you have even less time to file a lawsuit for wrongful death. If a city government or entity was to blame, you must take legal action within six months. If a county government was at fault, you must file suit within 12 months. In some cases, you may be able to “stop the clock” on the statute of limitations (known as “tolling”). However, the ability to toll the statute is limited to a small set of potential circumstances. Talking to an attorney is the best way to help you determine the deadline for filing legal action in your case. How to File a Wrongful Death Suit in Alabama The process through which you must bring a wrongful death action in Alabama is highly complex and potentially confusing, especially if you are not familiar with the state’s unusual laws. Before a wrongful death claim can be filed, Alabama law requires that a personal representative of the victim be officially designated. The personal representative then brings legal action for the victim’s wrongful death. Although you can undertake this process on your own, it could delay your ability to pursue a legal claim if you aren’t familiar with the process or run into many obstacles along the way. Having an experienced attorney working on your behalf helps protect your legal rights and ensures that your claim is handled in a timely manner. In many cases, your attorney can successfully negotiate a settlement with the at-fault party’s insurance company. In other cases, however, you might need to pursue a civil suit, making the timeframe of your case even more critical. How to Prove a Wrongful Death Claim The elements of a wrongful death suit in Birmingham are essentially the same as they are throughout Alabama and across the United States. You must demonstrate that the at-fault party’s wrongful actions caused the injury that ultimately cost your loved one their life. To prove the elements of negligence, your attorney will investigate the circumstances of the victim’s accident and gather evidence and information to demonstrate liability.  In most states, a victim’s family members can pursue compensation for any actual damages they suffered as a result of their loss. In Alabama, however, you can recover only punitive damages in a wrongful death action. Punitive damages are intended specifically to punish the at-fault party for their wrongful actions and to discourage others from committing wrongful acts in similar situations. Any damages that are awarded as a result of an Alabama wrongful death claim go directly to the victim’s heirs, rather than to the victim’s estate. This means that the family members who are closest to the deceased, such as a spouse or children, will receive the compensation, even if the deceased person named others in their will. Experienced attorneys understand how to build the most persuasive case possible, help you get justice for your lost loved one, and hold the at-fault party responsible for their actions. Let a Birmingham, AL Wrongful Death Lawyer Help At the Fob James Law Firm, our experienced wrongful death attorneys will fight to help you get the best possible outcome for your case. You don’t have to face this challenging time alone. We handle every aspect of your case, allowing you to take the time you need to grieve and spend time with loved ones. We offer a no-cost, no-obligation consultation, including options for video and phone consultations. We will evaluate your case and help you make the right choice for you, your family, and your future. You can contact us online or call 205-407-6009 now for help from one of our compassionate and knowledgeable wrongful death attorneys in Birmingham, AL.

Continue Reading

| Read Time: 2 minutes
Attorney Portrait Auto Accidents

How to File a Diminished Value Claim in Alabama

It’s no secret your car loses value the longer you drive it. Unfortunately, after a car accident, your vehicle will be worth even less than usual. If your vehicle sustained damages after a collision, you may be able to file a diminished value claim to recover compensation. What Is a Diminished Value Claim in Alabama? A diminished value claim allows you to collect damages for your vehicle if it was damaged and its value has decreased. There are three types of diminished value: Immediate: the difference in your vehicle’s value before the accident and after the repairs; Inherent: the most common type, pertaining to the loss of value simply due to the collision; and Repair-related: the value lost from poor repair work following a car accident. When it comes time to trade in or sell your vehicle, it is likely to be challenging. Nowadays, it’s impossible to hide a car’s previous history. Your auto accident will undoubtedly be revealed, along with the repairs, and the vehicle will be worth much less. Even if the car is perfectly repaired and looks like new, the fact that it was involved in a collision remains.  How to File a Diminished Value Claim in Alabama Alabama is one of few states that allow drivers to file diminished value claims. The statute of limitations for diminished value claims in Alabama is six years from the date of the accident. Diminished value claims are brought against the at-fault driver or their insurance company. You may file a diminished value claim in Alabama unless: You were at fault for the accident; The damage was due to something other than the auto collision; or You are an uninsured motorist.  An attorney can help you file your diminished value claim. They will contact the at-fault party and their insurance company, as well as calculate your vehicle’s value. Your attorney may consult with outside parties to accurately calculate the diminished value. After the at-fault party’s insurance company reviews your diminished value claim, they will either deny the claim or offer a low settlement. In either situation, your attorney can communicate back and forth with the insurance company to reach a favorable outcome. Need help with your claim? Reach out to Fob James to help with your diminished claim in Alabama Contact Us Today How to Prove Diminished Value Proving the diminished value of your vehicle can be challenging. You can consult various resources to try to come up with a calculation, but every situation is different. Many factors go into proving diminished value, including: The accident itself; The damage your vehicle sustained; How old the car is; The make and model; and The current market. It is best to consult with an attorney to help prove the diminished value of your vehicle.  Contact an Alabama Car Accident Attorney Navigating a diminished value claim on your own can be quite the task. There is plenty that goes into these claims, but an Alabama car accident lawyer will know best how to handle it. They can help calculate the value of your diminished value claim and communicate with the insurance company to help reach just compensation. The Fob James Law Firm has over 40 years of experience helping clients after auto collisions. We have the knowledge and expertise to help you attain a favorable outcome. Contact us today, and let’s discuss your case. 

Continue Reading

| Read Time: 2 minutes
Attorney Portrait Accident Reports

How to Get a Copy of Your Bessemer Accident Report

If you were involved in an accident in Bessemer, Alabama, you may be starting or in the middle of a claims process. To successfully recover from your injuries, you need to provide documentation supporting that claim. One of the most important pieces of evidence to prove fault in an accident is the report that the responding officer fills out after he or she assesses the scene. Here is a short guide on how to get that report from the Bessemer, Alabama police department.  Where Can I Get My Accident Report in Bessemer? There are two ways to obtain a Bessemer police accident report: Via phone at (205) 481-4350, or In person at 1700 Third Avenue North Bessemer, Alabama 35020. You will need to provide proper identifying information to get the right report, as well. This may be the report number, your name, driver’s license number, vehicle plate number, the date and time of the accident, the location of the accident, who was involved, your mailing address, your phone number, and your email. In short, be prepared. Bring or have ready all the information related to the accident that you can.  How Much Will It Cost? In Alabama, certified copies of Bessemer police department reports cost around $15 for the report itself, along with a $2 processing fee. Overall, you can expect to spend under $20. However, the accident report is only one part of a successful personal injury claim. Do I Need to Speak to a Lawyer? If you are involved in an accident that required a police report, it was likely a serious matter. Call Us About the Accident Reach out to Fob James to work on getting the Bessemer accident report for you! Contact Us Today You probably suffered injuries and significant car damage, and need proper compensation to recover. If you need to file a personal injury claim or have issues with the insurance companies, you will need the help of a lawyer. In fact, your personal injury attorney can obtain a copy of your accident report for you, along with other important evidence to prove your claim. You do not want to risk undermining your recovery in any way, and a lawyer can guide you through the personal injury claims process to take away all the guesswork. Injured in a Car Accident in Alabama? Call the Fob James Law Firm Today! If you were injured due to someone else’s negligent driving in Alabama, you are probably feeling scared and confused. The medical bills are piling up, and you may be unable to work. At the Fob James Law Firm, we are here to help. Our experienced team of personal injury attorneys has your back during the entire claims process and will fight for every penny of compensation you deserve. We take pride in providing each client personal and diligent legal representation from the beginning of the process to the end, no matter what. We also offer potential clients a free case evaluation to discuss their possible legal claims. Call us at 205-407-6009, or fill out our online contact form to set up an appointment today.

Continue Reading

| Read Time: 3 minutes
Attorney Portrait Accident Reports

How to Get Your Talladega Accident Report

If you were injured in a car accident in Talladega, Alabama, you may need a copy of the police report to submit an insurance claim. Police officers are well trained and experienced to respond to car accident scenes. After an accident, they will survey the accident scene, compiling all relevant information into a car accident police report. Because accident reports can be an integral part of your car accident claim, you will likely need to request a copy.  Luckily, it is quick and easy for you or your car accident attorney to obtain a copy of your accident report. Where to Look for an Accident Report In Talladega, Alabama You can purchase a copy of your Talladega car accident report in multiple ways. You can typically get an accident report online, but you may also be able to obtain one in person or by mail.  The Alabama Law Enforcement Agency provides copies of car accident reports. You can request a PDF copy of your accident report for a $17 fee ($15 for the crash report and $2 processing fee). Keep in mind that most accident reports will not be available online right away. Some reports could take up to 10 business days to become available for purchase.  Talladega, AL Police Department: How to Obtain an Accident Report Many wonders where to get a police report for a car accident. Because local police officers often complete car accident reports, you can typically get a copy directly from the police department. To obtain a copy of your police report after a car accident, contact the Talladega Police Department administrative division at (256) 362-4163. Need help with the accident report? If you need help with getting your Talladegoa accident report, reach out to us today! Contact Us Today Why Do You Need a Police Report? Car accident police reports can be extremely beneficial to your case for various reasons. Firstly, police reports contain plenty of information about the accident, including: Date; Time; Location of the accident; Driver information; Details about the accident from the police officer’s point of view; Information regarding property damage and injuries; Weather conditions at the time of the crash; and Any citations given at the scene. The information in a car accident police report can be useful for your car accident claim. Proving who was at fault in your accident may be difficult, but an accident report may shed some light. The other driver’s insurance agency will try to limit liability to avoid paying for the accident. A police report is an unbiased document that will likely show who was liable for the accident, making it challenging for the other side to argue against it. How an Attorney Can Help Get an Accident Report If you have an Alabama car accident attorney help you with your claim, they will handle all aspects of your case, including: Conducting a thorough investigation; Proving liability; Communicating with the insurance company; and Engaging in settlement negotiations; Part of an attorney’s investigation includes obtaining a copy of the car accident police report. They will use this important document to fully understand how the accident occurred, what/who contributed to the accident, and the resulting damage and injuries. Accident reports are a valuable piece of the car accident puzzle. The Fob James Law Firm specializes in helping accident victims when they need us most. With over four decades of experience, our team knows how to properly handle your case to protect your rights and reach a fair resolution. Our firm offers a personalized experience, taking on fewer cases to give clients our full time and attention. Let’s work together to get you the compensation you deserve. We offer free case reviews. Contact us today. 

Continue Reading