Maximizing Car Accident Settlements

Ways to Maximize Your Car Accident Settlement

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If you have been involved in a car accident, you may be entitled to a settlement to help cover the damages and losses you have incurred. However, navigating the process of securing a fair settlement can be complex and overwhelming. At McPhillips Shinbaum, we pride ourselves on helping our clients fight for full and fair compensation. Attorney Aaron Luck tackles our personal injury challenges head-on to advocate for our client’s best interests.

Ready to start your claim? Give us a call at 334-262-1911 to set up a consultation right away.

Understanding the Full Extent of Your Damages

To ensure you are fairly compensated for your losses, it’s crucial to fully document the extent of your damages following a car accident. This entails not only immediate concerns such as medical bills and repairs to your vehicle but also considers the broader impacts on your life. Take into account long-term care needs, any income you’ve missed out on due to time away from work, and the less tangible impacts on your mental health and well-being. Thorough documentation of these various factors is key. 

It’s not just about addressing the visible injuries or the apparent damages. It’s about acknowledging and valuing the variety of ways in which the accident has affected your life. This comprehensive understanding forms the foundation of a strong claim, positioning you to fight for a settlement that compensates for the full extent of your losses.

Gathering and Organizing Your Evidence

A critical component in advocating for a comprehensive settlement lies in the collection of evidence. This involves securing police reports, getting statements from witnesses, compiling medical records, and capturing photographs of the scene. Such evidence not only proves the severity and impact of the accident but also outlines the damages incurred. Strong evidence management strengthens your position by backing up your statements with evidence that is credible on its own. 

This is one of the reasons it’s important to work with an attorney throughout this process. Personal injury lawyers in Montgomery know how to collect, analyze, and preserve evidence in a way that supports their efforts to build your case.

Connecting With Professionals Who Can Support Your Claim

Engaging with various experts is a smart move to bolster your claim and set yourself up to request more compensation. Medical professionals provide crucial documentation and expert opinions on the extent of your injuries, their impact on your lifestyle, and the anticipated future medical needs. 

Accident reconstruction specialists can offer invaluable insights into the dynamics of the crash, providing information on liability and potential errors that led to the collision. If your career is cut short by the accident, an economic or vocational expert may be able to calculate your long-term financial losses and help you demand compensation for those setbacks.

Consider the Timing of Your Settlement

Consideration of when to finalize a settlement is crucial in ensuring you receive adequate compensation. Rushing into an immediate agreement may seem appealing, especially during times of financial strain or lost hours at work. However, rushing like this can often result in accepting an offer that is significantly lower than what you should ever consider. 

Patience is key in this process. It allows for a full assessment of your injuries and their long-term effects, ensuring that all future costs are accounted for before making a decision. Engaging with a skilled legal team can provide clarity on the proper timing for your specific case. 

While waiting until you reach maximum medical improvement is ideal, that isn’t always practical. As medical bills pile up and financial pressure sets in, your situation may become a bit more urgent. Working with your personal injury lawyer allows you to strike a balance between settling as quickly as possible and waiting until you have a complete and indisputable record of your losses.

Wondering if You’re Entitled to Compensation? Call McPhillips Shinbaum Today

Navigating a personal injury settlement can be stressful, particularly when you are already juggling your medical care, insurance calls, and other accident-related needs. The team at McPhillips Shinbaum is here to support you during this difficult time. Schedule your consultation now by filling out our easy online contact form or calling us at 334-262-1911.

Catastrophic Car Accidents and the Affect on Families

How Catastrophic Car Accidents Affect Families

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Catastrophic car accidents are collisions resulting in permanent, life-changing injuries for the victim. Not only do these collisions have a profound impact on the victim’s life, but they can also have a ripple effect on the victim’s family, friends, loved ones, and community as a whole. It is crucial that victims of such serious collisions get the compensation they need to adjust to their new normal and receive the ongoing care they require.

If you or someone you love has been the victim of a catastrophic car accident in Montgomery, it’s time to talk to McPhillips Shinbaum and attorney Aaron Luck. With extensive experience in personal injury law, attorney Luck knows what it takes to hold negligent drivers accountable. Call us at 334-262-1911 to set up a consultation now.

The Immediate Fallout of a Catastrophic Crash

In the immediate aftermath of a catastrophic accident, families may have their lives turned upside down. Just a few of the immediate consequences include:

  • Urgent medical needs: The victim of a catastrophic car accident will have urgent medical needs that require around-the-clock care. For days, weeks, or even months, loved ones may not even know if their family member is going to pull through. When they stabilize, family members may have to provide ongoing care.
  • Financial strain: Whether or not the injured individual was a breadwinner for the family, the financial strain may be felt immediately. Medical care is expensive, and between copays and other upfront expenses, the family may be left struggling to make ends meet.
  • Upheaval of daily routines: A catastrophic accident can completely change family members’ priorities and routines. As they prioritize the care and recovery of their loved one, work, school, and other obligations may take a backseat.

The Emotional and Mental Consequences of a Collision

Family members often suffer significant emotional and mental consequences after a catastrophic accident. Even though their loved one is still with them, it’s likely that they are comatose, limited in their communication abilities, or otherwise completely changed from how family members remember them. This can leave loved ones with a profound sense of emptiness and loneliness—feelings they often push down to avoid further burdening those around them. As they acclimate to life after an accident, they may also struggle to figure out how to balance their own psychological needs with those of their loved ones.

How These Collisions Affect Families’ Physical Health

When one family member suffers catastrophic injuries, other family members often have to step in and provide substantial physical care. This may involve helping the injured party with showering, using the restroom, ambulating, and transferring to and from bed. This takes an enormous physical toll on family members and puts them at risk of serious injury. Additionally, if the injured party was one of the family’s main breadwinners, other adults in the family may have to step up and bridge that financial gap. This often means putting in long hours, taking on a second job, and exploring side hustles. As a result, they may suffer injuries and put themselves at risk of illness.

Long-Term Changes in a Family Arrangement

Over time, the entire dynamic of a family may change, particularly if the injured loved one suffers permanent, serious losses in ability. Children may start learning to care for themselves if their parents (or remaining parent) are consumed with the care of the injured family member. They may even be involved in the ongoing care of their injured family member, shifting their role from parent to caretaker. Adults who step into a caretaking role may feel isolated and lonely, particularly if their spouse is the injured party—if they used to lean on their spouse for emotional support, they may be left with minimal support. It is crucial for surviving family members to be cognizant of their psychological and mental health needs during this time.

Fight for Full and Fair Compensation With McPhillips Shinbaum

When you’re ready to move forward with a personal injury claim, it’s time to meet with attorney Aaron Luck and find out how he can help you pursue justice. Get started now by claiming your free consultation. Just call us at 334-262-1911 or send us a message online to set up a time that fits your schedule.

Roundabout car accidents

Common Causes of Roundabout Car Accidents

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Roundabouts are generally a safe and efficient way to manage traffic and avoid massive traffic backups. However, they do come with their downsides. Accidents that occur in roundabouts can block off multiple lanes of traffic, causing traffic delays in all directions. It’s important to understand how roundabout collisions happen so you can protect yourself while navigating Montgomery’s roundabouts.

If you’ve been injured in a Montgomery car accident, don’t wait any longer to find out if you’re entitled to compensation. Attorney Aaron Luck at McPhillips Shinbaum is committed to helping victims like you fight for justice. Give us a call at 334-262-1911 to set up a consultation with our personal injury team now.

General Inexperience

Roundabouts aren’t found everywhere in the country. When they start appearing on local roads, those who have never encountered them outside of driver’s education may be unsure about how to navigate them. A number of roundabout collisions are the result of general driver inexperience. If they don’t know who has the right to enter the roundabout first, who is supposed to yield, and how to exit the roundabout properly, accidents are inevitable. Drivers need to review the expectations of roundabouts when they begin to reach their community.

Failure to Yield

Failure to yield is an incredibly common problem in roundabouts. One of the most important rules in a roundabout is to yield to vehicles that are already in the roundabout. In most traffic situations, you yield to vehicles on the right; roundabouts are the only real exception where you yield to vehicles on your left. Drivers who misinterpret these rules, try to sneak in when it’s not their turn, or misjudge the speed and proximity of other vehicles, cause a variety of accidents.

Improper Lane Usage

Some roundabouts only have one lane, and those are generally much easier to navigate. But roundabouts, particularly those in busier areas or at high-volume intersections, have two, three, or even more lanes. Navigating these lanes correctly is crucial when it comes to avoiding accidents. 

Roundabouts have signs indicating what each lane is for; in some cases, you must use the far right lane to exit. In some, multiple lanes are used for exiting. When someone tries to exit from the far left lane, that involves cutting across multiple lanes of traffic and drastically increasing the likelihood of an accident. Drivers should familiarize themselves with the signs at the entrance of the roundabout and avoid last-minute exits.

Speeding and Loss of Control

It is all too easy to speed in a roundabout. People often underestimate how difficult it is to drive in a tight circle, and when they start speeding up, it’s all too easy to lose control. The Internet is full of videos of people who underestimate their speed while entering a roundabout, which sends them flying over the middle of the intersection. When a driver loses control, they may cut across multiple lanes, spin out, or even flip over. Assuming that everyone else is moving through the roundabout appropriately, accidents are bound to happen.

Distractions

Distracted driving is dangerous in every situation, but it is particularly risky in roundabouts. The lanes are narrow, vehicles are constantly entering and exiting, and you must be aware of your surroundings and other drivers’ actions. Stopping to read the signs in the roundabout, change the music station, check your phone, or even talk to your friend in the passenger seat is an unnecessary risk. Not only do you have to pay attention to your efforts to stay in your own lane, but you must be ready to take evasive action if another driver starts to drift into your lane.

Roundabout accidents are common, but you don’t have to figure out your next steps alone. If someone else’s error led to your accident, you could be entitled to compensation.

Injured in a Roundabout Crash? Call McPhillips Shinbaum Now

The team at McPhillips Shinbaum is here to help you pursue full and fair compensation after a Montgomery roundabout accident. Let’s get started with a free consultation; we’ll discuss your next steps, your legal options, and our advice. Call us at 334-262-1911 or get in touch online to set up a consultation with attorney Aaron Luck.

Substance Impaired Driving

How Substance-Impaired Driving Affects Car Accident Cases and Liability

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There are many factors that contribute to car accidents in Alabama, and unfortunately, substance impairment has become far more common with each passing year. Whether a driver is impaired by illegal drugs, controlled prescription medications, or alcohol, there’s a very real risk that they’ll cause a serious accident. When that happens, it’s often the occupants of the other vehicle that suffer the worst outcomes.

If you or someone you love has been injured in a crash caused by an impaired driver, it’s important to understand how this may affect your injury claim. To discuss your case in greater detail with attorney Aaron Luck, call McPhillips Shinbaum at 334-262-1911.

How Common is Substance-Impaired Driving?

Per the Alabama Crash Stats booklet, alcohol and drug impairment is fairly common across all car crashes in Alabama. Impaired crashes are more common amongst younger drivers, and male drivers are much more likely to drive while impaired than female drivers. Drunk driving crashes start creeping upward in the early evening, peaking between 11:00 P.M. and 1:00 A.M. Saturday and Sunday are the most common days for drunk driving crashes.

Numbers have trended the wrong way for many years, despite significant efforts to decrease drunk driving rates. Legislators have increased punishments, law enforcement has ramped up enforcement, and public education efforts have tried to show the devastating effects of impaired driving—and yet, none of these efforts have significantly changed outcomes.

Effects of Substance Impairment on Driving

The use of illegal or legal substances can affect your driving in a number of ways, and research backs up the idea that your driving becomes significantly worse when you’re impaired. Alcohol and drugs negatively impair your cognitive function, making it more difficult for you to perceive risks, make sound decisions behind the wheel, and react to changes in traffic or weather. Substance impairment also affects a driver’s motor skills; this means that even if a driver can recognize a risk on the road, they may not physically be able to avoid it.

When you combine the numerous weaknesses caused by impaired driving, you have a situation where an accident is nearly inevitable—especially since many drivers who engage in impaired driving do so on a regular basis.

Substance Impairment and Liability

When a driver is under the influence of drugs or alcohol at the time of a collision, liability is heavily affected. Proving that the other driver was impaired makes it much easier to prove liability, as their choice to drive while impaired was both negligent and reckless. From there, it’s usually only a small step to linking the driver’s impaired state to the accident and the victim’s injuries.

However, liability may not lie solely with the impaired driver. If they were drinking at a bar or club and that’s where they were overserved, that place may have some liability. They have an obligation to avoid serving that much alcohol to those who are driving. It’s important to work with a personal injury attorney with experience in drunk driving accidents, as they know what it takes to prove liability and fight for the compensation you deserve.

The Potential for Punitive Damages

When a driver chooses to drive while impaired, they are making an intentional choice to put themselves and others in danger. This is particularly true if the driver has a long record of driving while impaired; it shows a willful disrespect for the people they share the road with. In some cases, impaired driving accidents may qualify for punitive damages in Alabama.

Punitive damages are rare; they are only awarded when a case goes to court and when the at-fault party has acted in gross negligence and wanton recklessness. When you start working with an attorney in Montgomery, they can tell you whether or not your case is likely to result in punitive damages.

Start Your Car Accident Claim with the Team at McPhillips Shinbaum

The sooner you begin working on your car accident case with the team at McPhillips Shinbaum, the sooner we can start building your case. Attorney Aaron Luck fights aggressively for his clients and their right to seek compensation. Give us a call at 334-262-1911 or contact us online to set up a consultation.

Delivery Driver accidents

Common Causes of Delivery Vehicle Accidents in Alabama

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Delivery vehicles are more common than ever; in fact, it’s stranger to go an entire trip without seeing a delivery vehicle than it is to see multiple during a drive. Delivery drivers may work for local restaurants, stores, and shipping facilities. They may also be independent contractors for companies like Uber Eats, Grubhub, and DoorDash. Regardless, accident rates are surprisingly high among delivery drivers—why is this and what can be done about it?

At McPhillips Shinbaum, we fight to help victims like you get fair compensation after a personal injury. Schedule a consultation with attorney Aaron Luck and the team at McPhillips Shinbaum by calling 334-262-1911.

Speeding and Reckless Driving

Speeding is an issue for the vast majority of drivers, but it is extremely prevalent among delivery drivers. Delivery drivers often have a massive amount of deliveries on any given day, and speeding is the only way to finish a trip in time. For others, their work day ends when they finish their last delivery—so there’s plenty of motivation to finish their deliveries as quickly as possible.

Delivery drivers may also engage in reckless driving to shorten their drive time. Unfortunately, people who drive for a living can get too comfortable with their driving skills. They may become complacent and assume that they are not at risk for accidents because of their good driving history. It only takes one reckless action to lead to a serious crash.

Distracted Driving

Distracted driving is one of the greatest dangers on America’s roads today, and delivery drivers are not safe from it. Delivery drivers may be at even greater risk for distracted driving than the average vehicle operator. They are often driving to stores and homes that they are not familiar with, which means relying heavily on navigation apps. When their eyes are on their infotainment system or phone screen instead of the road, the accident risk goes up dramatically. On top of that, delivery drivers are drawn to the same distractions the rest of us are. They may feel the pull of a text message notification, the urge to change their music, or the need for a quick drink or snack.

Fatigue

Driving for a living is physically and mentally draining. It requires you to sit in a fixed position that isn’t good for your body and puts a lot of strain on your back. Mentally, it requires intense attention and the knowledge that you are always one mistake away from a crash. This pressure adds up, and it makes it much harder for drivers to focus on the road. This type of stress can also make drivers prone to fatigue, which dramatically increases the likelihood of a crash. Fatigue slows down your reaction time, inhibits your ability to make good decisions, and impairs your motor skills.

Overworked Drivers

Many places that employ delivery drivers have fewer drivers than they need. This doesn’t mean they slow down on the number of deliveries they do. Instead, it means they put increasing pressure on the drivers they do have. Drivers may work longer shifts, take on more trips during their existing shifts, or work extra days. Humans aren’t meant to endure this type of mental strain, and it doesn’t take long for that strain to affect your driving in a profound way. Overworked drivers are known to take unnecessary risks, get confused or disoriented while driving, and even fall asleep for brief periods while driving.

Poor Maintenance

Vehicles used for delivery go through far more wear and tear than personal vehicles. Whether a driver is employed by a company or an independent contractor, that means the vehicle needs more maintenance. Vehicles used for deliveries should be regularly inspected and maintained to avoid preventable crashes. If a driver or employer doesn’t make sure that these inspections happen, crashes are likely to follow.

Injured in a Delivery Accident? Call McPhillips Shinbaum

If you or someone you love has been injured in a car crash in Montgomery, set up a time to talk to our team. You can trust attorney Aaron Luck to handle your case with precision and care. Reach out online or call us at 334-262-1911 to get started.

Holiday Car Accident

The Heightened Risk of Car Accidents During the Holidays

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Nothing mars the beauty of the holiday season like a car accident. The holidays are already the most expensive time of year for many people, and then suddenly you’re faced with your insurance deductible, medical bills, and unexpected—and unwanted—time off of work. Unfortunately, car accidents are more common during the holiday season. A number of factors contribute to this, and understanding those factors can help you keep yourself and your family safe.

Injured in a holiday crash in Montgomery? The team at McPhillips Shinbaum is here for you. Call us at 334-262-1911 to set up a consultation now.

Expect Dense Traffic

To start, there’s just no way around the dense traffic of the holidays. There are more people in town visiting loved ones, and even worse, many of those people are not familiar with Montgomery roads. This means frequent stops and starts, missed turns, and even people driving the wrong day down one-way roads. When you head out to your local shopping mall or restaurant, expect packed parking lots and angry drivers riding your back bumper as you look for a spot. All of these factors make an uptick in accidents inevitable. While traffic is heavier throughout the entire holiday season, it’s often worse on Christmas Eve and Christmas Day, as well as the days immediately surrounding them.

Sharing the Road with Stressed-Out Drivers

For many, the holidays are a happy time to make family memories and traditions. For others, the holidays are a time when their to-do list is longer than ever, they are reminded of family losses or estranged relationships, and their workload is heavier than they can manage. 

All of these stressors are too much, and people feel more comfortable taking out their rage behind the wheel of their vehicle. What might be a minor inconvenience at other points of the year can be the tipping point for stressed-out drivers. Be aware of this, and avoid making rude gestures or laying on the horn when someone cuts you off. You don’t want to be on the wrong end of someone’s road rage.

Poor Weather and Unsafe Roads

While this isn’t such a big problem in Alabama, it is still a contributing factor a few times a year. We rarely get snow in Montgomery, even if it is only a dusting. This actually makes it more dangerous than northern areas where they get heavy snowfall. Those who live in areas with snow every year learn how to drive in the snow, and they adjust their speed and handling accordingly at the first sign of snow. 

Here in Montgomery, we simply aren’t all that used to snow. When there’s a light dusting on the road, we tend to panic. We overcorrect, we try to drive our normal speed, and we end up in the ditch as a result. Not only should you adjust your driving to account for snow, you should be extremely cautious of others who may or may not be in control of their vehicles.

Impaired Drivers

One of the saddest parts of holiday driving is the increase in impaired drivers. There’s never an excuse for impaired driving, and yet there are many more drunk drivers on the road during the holidays. People enjoy a little too much at dinner after a long day of shopping, they head to their company Christmas party, or they try to take the edge off at a stressful family Christmas event. 

Too many people overestimate their driving skills or underestimate how much they have had to drink. You should always be wary while driving and don’t expect people to drive predictably or do the right thing—do what you must to protect yourself from a crash. Be especially careful on the weekends and late at night, when people are most likely to be heading home from parties.

Fight for Compensation with the Team at McPhillips Shinbaum

Have you been injured in a car accident in Montgomery? You could be entitled to compensation from the at-fault driver. Let the team at McPhillips Shinbaum advocate for you. Call us at 334-262-1911 or send us a message online to schedule your free consultation.

Medical Claim

What Does Maximum Medical Improvement Mean in a Car Crash Claim?

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The process of recovering from a car crash can be long and tiring. Your days can become a blur of follow-up appointments, treatments, prescription medications, and insurance claims. You’ll learn a lot of new and unfamiliar terms during this time, including “maximum medical improvement.” Maximum medical improvement, or MMI, can play a crucial role in your personal injury claim and your compensation.

Explore the concept of MMI and find out how it may influence your claim. When you’re ready to start your personal injury claim, call McPhillips Shinbaum at 334-262-1911.

Is MMI the Same as Making a Full Recovery?

If this is your first serious injury, the term MMI may seem unnecessarily wordy—can’t you just say that someone has made a full recovery? However, MMI is not necessarily the same as a full recovery. Maximum medical improvement is a medical and legal term that is used to specify a very specific point in a patient’s treatment where they have recovered as much as they are ever going to. Yes, in some cases, this means making a full recovery. But in others, a complete recovery may be impossible or incredibly unlikely. In these situations, MMI is some point short of a full recovery.

If your doctor says that you have reached MMI, it means that you have plateaued in your recovery. You may still have some pain or symptoms, and even physical limitations, but you may have those for the rest of your life. While you may make some minor improvements in the future, they are negligible when compared to the rest of your recovery and their impact on your health.

 How is MMI Determined?

MMI is primarily a medical term, so the determination is made by the physicians treating you throughout your recovery. There are numerous factors they use to determine when a victim has reached maximum medical improvement.

One important part of figuring out MMI is a thorough medical evaluation. This involves looking over where your injuries started, what treatments you have tried, how those treatments have impacted you, and what remaining symptoms and limitations you may have. The doctor will also use a range of diagnostic tests to see how much progress you have made, any complications you’ve suffered, and any remaining issues.

It’s also likely you’ll undergo a functional assessment to determine whether or not you have reached MMI. The doctor may look at how you engage in daily tasks, complete your work, care for your children, and fulfill other obligations. This is less about determining if you’ve reached MMI and more about figuring out if you have any lingering limitations, as well as determining any accommodations you may need in the future.

Previous cases similar to yours can be important in your personal injury claim. Doctors may look at the healing timeline of patients with similar injuries, their progress after certain types of treatments, and when they reached MMI.

How MMI Can Affect Your Compensation

Maximum medical improvement plays a massive role in the compensation you receive as a victim. First, reaching MMI is crucial for determining your actual damages. Once you’ve reached MMI, you have a much better understanding of how much money your medical care costs. You’ll also better know what type of care you may need in the future, especially if you have significant limitations that will leave you requiring assistance.

Once you’ve recovered as much as you ever will, you will know if you are able to continue working or what accommodations you will need. This makes it easier for your attorney to calculate lost earnings and lost future income.

Finally, MMI is a key part of your non-economic damages. These include pain and suffering, emotional distress and trauma, and loss of quality of life. You can’t really know the long-term impact of your injuries until you know what the rest of your life will be like.

Start Your Personal Injury Claim with the Team at McPhillips Shinbaum

Our team is ready and waiting to talk to you about your accident, injuries, and next steps. Let’s set up a time to talk about your legal options—just reach out online or call us at 334-262-1911.