Highway On-Ramp Collision

Who Is At Fault in Highway On-Ramp Collisions?

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On-ramp collisions often happen when vehicles are merging from an entry ramp onto a highway. On-ramp collisions can be caused by a variety of factors, such as the merging vehicle’s speed, distracted driving, or poor weather conditions. The merging process can be tricky because it requires cooperation between drivers on the highway and those entering from the ramp. If cooperation is poor, on-ramp collisions can occur. With all of these factors at play in on-ramp collisions, it should be no surprise that on-ramp collisions are fairly common.

Injured in a crash? Let’s talk about your options. Attorney Aaron Luck at McPhillips Shinbaum is here to help with your personal injury claim. Call us at 334-262-1911 to discuss your options now.

Role of the Merging Driver

Merging drivers must make sure it’s safe before entering the highway to avoid on-ramp collisions. This means matching the speed of the traffic and finding a proper gap to merge. If a merging driver fails to do this, they can be held responsible for any collision.

Responsibilities of Drivers Already on the Highway

Drivers on the highway should keep a steady speed and avoid sudden lane changes to avoid on-ramp collisions, especially near on-ramps. Although they aren’t obligated to make space for merging cars, being considerate and driving defensively can help prevent accidents. If a driver on the highway is speeding or behaving recklessly, they might also share some of the blame for an accident.

State Laws in Alabama Regarding On-Ramp Collisions 

Understanding Alabama’s traffic laws can help clarify fault in on-ramp collisions. In Alabama, merging drivers are required by law to yield to vehicles already on the highway. This means that the merging driver must wait for a safe gap in traffic before entering the highway. Additionally, Alabama law stresses the importance of merging at a speed that matches the flow of highway traffic as closely as possible.

If a merging driver fails to yield or does not adjust their speed appropriately, they could be held responsible for any resulting on-ramp collisions. Neglecting to use turn signals while merging can also be a factor in determining fault. On the other hand, drivers already on the highway are expected to maintain a steady speed and avoid erratic maneuvers.

While they aren’t legally required to make room for merging vehicles, reckless or aggressive driving by highway drivers can contribute to an accident and may share in the blame.

Evidence and Documentation for On-Ramp Collisions

After an on-ramp accident, gathering evidence is essential. Documentation can help establish what occurred and who may be at fault. Start by taking photos of the accident scene, capturing vehicle damage, skid marks, and road conditions. These images can be useful for insurance claims and legal proceedings. Additionally, collect contact information and statements from any witnesses.

Their accounts can provide an unbiased perspective on the accident. If possible, obtain any available surveillance footage from nearby cameras, as this can offer a clear view of the incident. Also, be sure to file a police report. A police report includes an official account of the accident and can be an important piece of evidence.

Keeping detailed notes about the accident, including the date, time, weather conditions, and any other relevant details, can also be beneficial. All this information can help paint a comprehensive picture of the event, aiding in the determination of fault.

What If the Other Driver is Liable?

If the other driver is to blame for your on-ramp accident, you may be owed compensation. Remember that under Alabama’s pure contributory negligence law, a victim may not receive compensation if the other party can prove that they share any liability—so you should expect the other driver’s insurance company to look for any errors you made during the crash.

Your personal injury attorney can help you fight for fair and full compensation as you navigate your options after a crash. You could be entitled to compensation for your losses, including your medical expenses, lost wages, pain and suffering, and other expenses.

Choose McPhillips Shinbaum for Your Claim for On-Ramp Collisions

The team at McPhillips Shinbaum is committed to helping victims like you seek justice after an accident. If an on-ramp collision has left you injured and unsure of what to do next, don’t go through this alone. Let’s discuss your legal options now. Set up a consultation by calling us at 334-262-1911 or sending us a quick message online.

delayed injuries after a car accident

Symptoms of Delayed Injuries from a Car Accident

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Amidst the chaos of a Montgomery car accident, it’s easy to overlook injuries that might not appear immediately. Delayed injuries are those symptoms that can surface days or even weeks after the accident, and recognizing them is crucial for your health and legal rights.

Led by attorney Aaron Luck, the personal injury team at McPhillips Shinbaum fights aggressively for injured clients. Give us a call at 334-262-1911 to set up a time to discuss your case.

 

What Are Delayed Injuries and Why Do They Occur?

Delayed injuries are symptoms that don’t show up right after a car accident but instead surface later on. These can be either physical or psychological. One reason they occur is due to the adrenaline rush you experience during and after the accident. This rush can mask pain, so you might not notice any issues immediately. Another reason is that some injuries, like swelling or bruising, take time to develop. The emotional stress from the accident can also cause your body to temporarily suppress pain signals, making it harder to detect injuries right away. Knowing why delayed injuries happen helps in recognizing them early and getting the medical care you need before they worsen.

 

Common Symptoms of Delayed Injuries to Watch For

It’s essential to know the signs of delayed injuries after a car accident, as early detection can greatly impact your recovery. Persistent headaches are a common symptom to be vigilant about; they might indicate a concussion or even a more severe brain injury. Another frequent issue is neck or shoulder pain, which could be a sign of whiplash—a condition caused by the sudden jolt of an accident. Back pain is another symptom that should not be ignored, as it could point to spinal injuries or herniated discs. Abdominal pain or swelling might indicate internal injuries, which can be life-threatening if not addressed promptly.

In addition to physical symptoms, emotional changes are also crucial to monitor. Feelings of increased anxiety, depression, or even symptoms of PTSD can emerge days or weeks after the accident. These emotional symptoms are just as important to recognize and address as physical ones, as they can significantly impact your overall well-being.

If you experience any of these symptoms, it’s vital to seek medical attention immediately. Delayed injuries can worsen over time, making early diagnosis and treatment essential. Keep an eye on your health, and don’t hesitate to consult a medical professional if you notice any of these warning signs.

 

Why Prompt Medical Attention Is Important

After a car accident, it’s vital to see a doctor right away, even if you feel fine at first. Some injuries might not show up immediately, and waiting can make them worse. Doctors can spot issues that you might not notice and start treatment right away. This can help prevent small problems from turning into serious, long-term conditions that could affect your daily life.

Another reason to seek immediate medical attention is to create a record of your injuries. This documentation is important if you need to make an insurance claim or take legal action later on. Without a timely medical record, it might be harder to prove that your injuries are related to the accident, which could affect the compensation you receive.

 

Legal Implications of Delayed Injuries

Delayed injuries can make the legal aspects of a car accident more complicated. If you don’t report your injuries right away, insurance companies might doubt their legitimacy. This skepticism can make it harder to get fair compensation for medical bills, lost wages, and other costs. Additionally, there are legal deadlines called statutes of limitations, which limit the time you have to file a personal injury claim. If you miss these deadlines, you might lose your right to seek compensation altogether.

It’s also crucial to have a medical record that links your injuries to the accident. Without timely documentation, proving that your injuries were caused by the accident becomes more challenging. This could negatively impact your claim, making it more difficult to receive the compensation you deserve.

 

Find Out How McPhillips Shinbaum Can Help You

When you’re ready to move forward with your personal injury claim, our experienced team is here to help. Set up a consultation right away by calling us at 334-262-1911 or contacting us online.

protecting your credibility

Protecting Your Credibility During a Personal Injury Claim

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In the complex world of personal injury claims, one factor stands out as crucial to the success of your case: credibility. Whether you’re seeking compensation for a car accident, a slip and fall, or any other incident, maintaining your credibility can make or break your claim.

Looking for help with your personal injury claim in Alabama? Attorney Aaron Luck at McPhillips Shinbaum can help you seek justice. Call us at 334-262-1911 to set up a consultation now.

The Importance of Credibility 

Credibility is crucial when pursuing a personal injury claim. It’s about proving that your account of the incident and your injuries are truthful and reliable. Insurance companies and courts need to believe you to grant fair compensation. Without credibility, your chances of success decrease. Every detail you provide will be examined closely, so it’s essential to be honest and consistent. Missteps can result in a reduced settlement or even losing the case in Alabama.

Demonstrating credibility involves more than just telling the truth; it means being transparent about your injuries and the impact they have on your life. This reliability builds trust with those evaluating your claim, making it easier to secure the compensation you deserve.

Documenting Your Injuries and Treatment in Alabama

Keeping detailed records of your injuries and treatment is crucial for establishing credibility. Start by getting medical attention immediately after the incident. Keep all documents from your doctor’s visits, including diagnosis, treatment plans, and any prescribed medications.

Document each medical appointment and note any changes in your condition or treatment. Save receipts for all expenses related to your injury, such as medications, therapies, and medical equipment. These records provide clear evidence of the injury’s impact on your life and support your claim.

Being Honest and Consistent in Your Statements

Honesty and consistency are crucial in any personal injury claim. When describing the incident or your injuries, always stick to the facts. Avoid exaggerating or embellishing details, as inconsistencies can severely damage your case. Insurance companies and opposing lawyers will look for any discrepancies to question your reliability. For example, if you say one thing to your doctor and something different in your legal documents, it raises red flags. Always keep your story straight, whether you’re speaking with your attorney, doctors, or the court.

Avoiding Social Media Pitfalls

In today’s digital age, social media can inadvertently become a minefield for those involved in personal injury claims. While sharing your experiences or seeking support online may be tempting, doing so can jeopardize your credibility. Insurance companies often monitor claimants’ social media profiles for evidence contradicting their claims. Even seemingly innocent posts or photos can be misinterpreted. It’s advisable to refrain from posting about your case or activities until the matter is resolved—even better if you can avoid posting completely.

The Role of Alabama Legal Representation in Protecting Your Credibility

Hiring an experienced personal injury attorney in Alabama can be a game-changer when it comes to protecting your credibility. A knowledgeable lawyer will guide you through every step of the legal process, ensuring that you present your case in the best possible light. They understand the importance of maintaining consistency and honesty in your statements and will help you prepare thoroughly for all interactions with insurance companies and the court.

Your Alabama personal injury attorney will advise you on what to say and what to avoid, reducing the risk of unintentional contradictions that could weaken your claim. They will also help you gather and organize evidence, such as medical records and witness statements, which are crucial for substantiating your injuries and the impact they have on your life. With their expertise, you can avoid common pitfalls that claimants often encounter, like making statements that can be twisted or taken out of context by opposing parties.

Additionally, having legal representation adds a layer of professionalism and seriousness to your case. Insurance companies and opposing lawyers are more likely to take your claim seriously when they see that you have a competent attorney advocating for you. This can lead to more favorable negotiations and, ultimately, a better settlement.

 

Start Your Claim Today with McPhillips Shinbaum

When you’re ready to seek compensation for your Montgomery personal injury claim, our team is here to help. Contact us online or call 334-262-1911 to set up a consultation right away.

Why Your Injury Lawyer Should Have Trial Experience

Why Your Injury Lawyer Should Have Trial Experience

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When you’re dealing with a personal injury, the last thing you want to worry about is the legal complexities that can arise. Whether it’s from a car accident, a slip and fall, or any other incident where you’ve been hurt due to someone else’s negligence, the legal process can be daunting. This is where having a knowledgeable personal injury lawyer with trial experience, like attorney Aaron Luck at McPhillips Shinbaum, becomes essential. Call us at 334-262-1911 to set up a consultation now.

The Role of Trial Experience in Personal Injury Cases

In personal injury cases, trial experience can make a significant difference. An attorney with trial experience brings specialized skills and knowledge to your case. They understand how to present evidence clearly, question witnesses effectively, and navigate complex courtroom procedures.

Additionally, lawyers with trial experience often have a better grasp of how a jury might view your case. They can assess the strengths and weaknesses of your situation and provide realistic advice from the start. This helps set your expectations and can guide you in making informed decisions.

Another benefit is that trial-experienced lawyers usually handle negotiations more effectively. Their readiness to go to trial can pressure insurance companies to offer better settlements, knowing that the lawyer is not afraid to take the case to court.

The Importance of Negotiation Skills and Trial Experience

While many personal injury cases are resolved out of court, the ability to negotiate a fair settlement is deeply connected to a lawyer’s trial experience. Lawyers with trial experience often command more respect during negotiations. Insurance companies and opposing counsel know that a lawyer who is ready for trial will not back down if the settlement offered isn’t fair.

This leverage can result in better settlement offers because insurance companies prefer to avoid the risks and costs of going to court. Trial-experienced lawyers know the critical moments in negotiations, understanding when to push for more or when to accept a reasonable offer. Their dual expertise in negotiation and trial preparation ensures that your lawyer is fighting for the best possible outcome for you.

When Settlements Fall Through: The Need for Trial-Ready Lawyers

Sometimes, despite a lawyer’s best efforts to settle a case out of court, negotiations fall through, and a trial becomes necessary. In such situations, having a lawyer with trial experience is invaluable. These lawyers are skilled in crafting persuasive arguments, presenting evidence clearly, and addressing the jury effectively. Their familiarity with courtroom procedures allows them to adapt quickly to the fast-paced nature of a trial.

A trial-ready lawyer can also anticipate and counter the strategies used by the opposing side. This expertise ensures that your case is presented in the strongest possible light, boosting your chances of winning the compensation you deserve. On top of that, trial-experienced lawyers are often better at handling the unexpected twists and turns that can occur during a trial, which can make a significant difference in the outcome.

Building Confidence and Trust with Your Injury Lawyer

Choosing a personal injury lawyer with trial experience can significantly boost your confidence and trust in the attorney-client relationship. Knowing that your lawyer is prepared to go the distance, if necessary, provides peace of mind during an overwhelming time. Lawyers with trial experience often have a level of confidence that comes from successfully navigating courtrooms before.

This confidence is reassuring for clients who may be anxious about their legal proceedings. It encourages a sense of trust, as clients feel assured that their lawyer is equipped to handle any situation that may arise, whether in negotiation or trial. Furthermore, trial-experienced lawyers are typically strong communicators. They understand the importance of keeping clients informed and explaining complex legal terms in an easy-to-understand manner. This clear communication helps you stay engaged and informed throughout your case.

In addition, trial-experienced lawyers often exhibit a strong commitment to their clients. Their readiness to take a case to trial if necessary shows their dedication to achieving the best possible outcome for you. This commitment can make a significant difference in how you feel about your case, helping you feel more supported and less stressed during the legal process.

Facing a Personal Injury Claim? Call McPhillips Shinbaum

When you’re ready to explore your legal options after a personal injury claim, the team at McPhillips Shinbaum is here for you. Get in touch with us online or call us at 334-262-1911 to set up a consultation with our team now.

Lost Wages in Personal Injury ClaimsLost Wages in Personal Injury Claims

Determining Lost Wages in a Personal Injury Claim

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When you’ve been injured due to someone else’s negligence, you may face physical pain, mental trauma, and lost wages. These financial challenges can push you to your limits, making an already difficult time even more painful.

That’s why it’s so important to work with an Alabama personal injury team who’s ready to fight for you. Attorney Aaron Luck at McPhillips Shinbaum helps clients like you seek justice from those who cause car accidents, falls, and other preventable incidents. Call us at 334-262-1911 to set up a time to meet.

Understanding What Constitutes Lost Wages

When you’re hurt because of someone else’s mistake, you will likely have to miss work. This means you’re not getting your usual paycheck, which can put significant strain on your family. Lost wages are not just the money you would’ve made from your regular hours at work. They also include any extra money you could have earned, like overtime, bonuses, or commissions. 

Plus, if you had to use up your sick days or vacation time because you were injured, that counts as lost wages too. Those hours are there for you to use when you need or want to use them—not to be taken from you by another person’s negligence.

Calculating Lost Wages: The Basic Formula

Determining the amount of money you’ve missed out on because you were unable to work due to an injury involves a straightforward process, but it’s one that requires precision. To calculate your lost wages, you need to start by understanding how much you earn per hour. If you’re paid hourly, this step is already done for you. However, if your income is based on a yearly salary, you’ll divide your annual earnings by the total number of work hours in a year to find your hourly wage.

Once you know your hourly rate, the next step is to multiply it by the number of hours you were unable to work due to your injury. This gives you the basic calculation of your lost wages. If your hourly wage is $15 and you missed 40 hours of work, you multiply 15 by 40 to get $600. This figure represents the wages you lost while recovering.

The Importance of Proper Documentation

Having all your paperwork in order plays a critical role when it’s time to prove how much money you missed out on because you were injured. You’ll want to keep a careful record of everything related to your job that shows you couldn’t work because of your injury. This means saving pay stubs, detailed records of work hours you missed, and any emails or letters from your employer about your injury and time off.

Gathering these documents does more than showcase your lost earnings; it provides undeniable evidence that backs up your claim. Without this proof, it’s much harder to show the full extent of your lost wages.

In a nutshell, proper documentation is your best ally in ensuring you get compensated properly. It turns your claim from being just your own words into something that can be clearly seen and understood.

Considerations for Self-Employed Individuals

For those who are self-employed, figuring out lost wages after an injury can feel overwhelming. Unlike traditional employees, self-employed individuals don’t generally have a set salary or hourly wages to easily calculate what they’ve missed out on. Instead, you need to dig a bit deeper into your business finances. This involves looking at your average income before the injury and comparing it to what you were able to earn while you were recovering.

The key is to have detailed records of your business activities. This means keeping track of invoices, client contracts, and any other proof of the work you were scheduled to do but couldn’t because of your injury. Evidence of a consistent income pattern prior to your injury will strengthen your claim, showing clearly how the injury led to a financial loss for your business.

For self-employed individuals, demonstrating lost wages is about painting a clear picture of your usual earnings and how the injury disrupted this flow. It’s important to prepare and organize your financial documents well.

Start Your Claim with McPhillips Shinbaum

When you’re ready to move forward with your personal injury claim, the team at McPhillips Shinbaum is here for you. Get started right away by contacting us online or calling us at 334-262-1911.

Motorcycle Intersection Accidents

Intersection Accidents: Why Motorcyclists Are at Heightened Risk

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Intersection accidents are a serious concern for all road users, but motorcyclists are particularly vulnerable when navigating these high-risk areas. The combination of traffic congestion, varying road conditions, and the presence of multiple vehicles can create a dangerous environment for motorcyclists.

Motorcyclists are among the most vulnerable road users on Montgomery roads. If you’ve been injured in a motorcycle crash, turn to attorney Aaron Luck for help with your personal injury claim. Give us a call at 334-262-1911 to set up a consultation with our team.

Understanding Intersection Dynamics and Risks

Intersections force drivers and riders to make split-second decisions, often under pressure. The complexity of intersections arises from vehicles traveling in different directions, sometimes with competing priorities, driving up the risk of a crash. For motorcyclists, these risks are amplified by factors such as their limited size and minimal protection.

Adding to the danger, motorcyclists often find themselves in drivers’ blind spots, making them less visible to already distracted drivers. This decreased visibility is a critical concern, as it directly correlates with the frequency of incidents involving motorcycles within these high-activity zones. 

Furthermore, the unpredictable nature of intersections creates a dynamic environment where motorcyclists must remain vigilant to navigate safely. Recognizing these challenges is the first step in understanding why intersections represent a particular hazard for motorcyclists.

The Vulnerability of Motorcyclists in Traffic

The inherent risk faced by motorcyclists on the road is significantly compounded by their lack of physical protection compared to passengers in enclosed vehicles. This disparity in safety measures means that, in the event of a collision, motorcyclists are subjected to direct exposure to the forces of impact. Intersections, in particular, pose a heightened danger. Here, the complexities of navigation along with the other dangers faced by motorcyclists lay the groundwork for collisions. 

Moreover, the often limited reaction time available in such dynamic environments leaves little margin for error. Recognizing and addressing these challenges is paramount in safeguarding these vulnerable road users.

Contributing Factors to Intersection Accidents Involving Motorcycles

Several underlying factors play a significant role in intersection accidents involving motorcycles. Driver inattention is a leading cause, as motorists often overlook motorcycles due to their smaller size, leading to hazardous situations. Misjudgment of a motorcyclist’s speed and distance is another critical factor, with drivers frequently failing to accurately assess the approach of motorcycles.

Additionally, the failure to yield the right of way, particularly during turning maneuvers, heightens the risk for motorcyclists navigating through intersections. Speeding and distracted driving further contribute to the danger, diminishing the driver’s ability to react promptly to the dynamic changes at intersections. Road design flaws and limited visibility issues also significantly increase the danger for motorcyclists. These contributing factors highlight the complex nature of the risks at intersections, showing the need for heightened awareness and improved safety measures to protect motorcyclists on the road.

Strategies for Reducing Intersection Accidents

To address the grave concerns surrounding intersection accidents involving motorcyclists, immediate action is necessary. Enhanced visibility for motorcyclists is paramount; utilizing reflective gear and ensuring motorcycles are equipped with high-visibility lights can significantly reduce the risk of these accidents. Motorcyclists and drivers alike must adhere strictly to traffic regulations and signals, as these are designed to create a safe driving environment for everyone on the road.

Education plays a pivotal role in mitigating risks, with targeted campaigns aimed at both motorcyclists and other vehicle drivers to foster an environment of mutual respect and understanding on the roads. Such initiatives should highlight the unique vulnerabilities of motorcyclists and promote defensive driving techniques.

By implementing these strategies, everyone on the road can do their part to keep motorcyclists safe and decrease accident rates in and around Montgomery. Our vulnerable road users deserve better, and by driving more carefully, supporting public safety initiatives, and calling for more rider-safe infrastructure, we can help create a safer environment for them.

Explore Your Legal Options with McPhillips Shinbaum

When you’re ready to take the next step in your motorcycle accident claim, it’s time to meet with the team at McPhillips Shinbaum. We’ll learn more about your accident and help you understand your options for seeking compensation. Fill out our online contact form or call us at 334-262-1911 to get started.

Personal Injury Settlement vs. Verdict

The Differences Between a Settlement and a Verdict in Personal Injury Cases

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You’ve been injured because of another person’s mistake, perhaps in a car accident, slip and fall, dog bite, or other type of accident. Now that you’ve made the decision to seek legal representation, you have some important choices to make. Understanding the differences between a verdict and a settlement can help you know what to expect from this process and what factors may affect your claim.

At McPhillips Shinbaum in Montgomery, our clients fight for full and fair compensation with the assistance of attorney Aaron Luck. Find out more about how we can help you now by calling us at 334-262-1911.

The Process of Beginning a Claim

First, you have to understand the general process that you go through when you pursue a personal injury claim. After an attorney agrees to take your claim, they go through an investigation to learn more about what happened and gather the necessary evidence. This should give them the information they need to contact the insurance company on your behalf. They assess how much your claim is worth, send a demand letter to the insurance company, and begin negotiations.

The majority of personal injury claims result in a settlement, not a verdict. This generally happens fairly early on in the process; both sides avoid the risk of going to court while still having some control over the outcome. However, a settlement is not always possible, nor is it always the best option for your case.

What Happens When You Negotiate a Settlement

After your attorney sends a demand letter to the insurance company, the insurance company will come back with their own settlement offer. The first offer is rarely what you actually deserve. Negotiations commence, and in most cases, the parties end up agreeing on a number. You, as the victim, sign a waiver that gives up your right to sue for your current injuries or other injuries resulting from the accident in question. You then receive your settlement.

When It’s Necessary to Secure a Verdict

Unfortunately, insurance companies don’t always see the genuine value of a claim. If they do not accept the evidence presented to them or underestimate how much a claim is worth, their settlement offer may not come anywhere close to what you are willing to accept. When negotiations falter, your personal injury attorney may need to move forward with a lawsuit.

Even then, a settlement is still a possibility. As the case proceeds and discovery brings your evidence to light, the other party may opt to offer a more favorable settlement. If this does not happen, your case will go before a judge and possibly a jury.

Once the judge and jury have heard from both sides, they will make their decision. In some cases, the judge alone hears your case and makes the final decision; in others, the jury makes the final call. They will decide whether or not the other party is liable for your injuries. If they find that the other party is liable, they will also decide how much compensation they owe you.

The Risks You Take with a Settlement or Verdict

Both of these solutions come with benefits and drawbacks, so we’ll focus on the risks. When you accept a settlement, risks are overall low. The main risk is that you may give up what you truly deserve—for example, if your case warrants punitive damages, you’ll only be awarded those if your case goes to court and results in a verdict. In exchange for guaranteed compensation, you have to give up the possibility of getting a much larger award.

The risks associated with a verdict are far greater. It’s entirely possible that you’ll go through the entire process, only for the jury to find that the other party is not liable and that you are not entitled to anything. Since this is Alabama, they may find that you are partially to blame for the accident—a decision that bars you from receiving any compensation. This risk is more than most people are willing to bear, particularly if they need compensation for medical expenses and other accident-related costs.

Considering a Personal Injury Claim? Contact McPhillips Shinbaum

The right decision for your case will be determined by the specific details of your accident and injuries. That’s where attorney Aaron Luck steps in to help—you can trust his expertise and commitment to his clients. Set up a consultation now by getting in touch online or calling us at 334-262-1911.

Personal Injury Claims

Can Returning to Work Too Soon Hurt Your Personal Injury Claim?

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Returning to work too soon after sustaining a personal injury can have significant implications on your personal injury claim. While it may seem necessary to resume work as soon as possible for financial reasons, doing so too early could potentially damage your claim and limit your chances of receiving fair compensation for your injuries. This seems unfair—people often have to go back to work to provide for their families, but in doing so, they prevent themselves from receiving the full and fair compensation they deserve.

It’s important to run important decisions like this one by your personal injury attorney as soon as possible. At McPhillips Shinbaum, attorney Aaron Luck helps injured clients pursue the compensation they are owed. Set up your consultation with attorney Aaron Luck now by calling us at 334-262-1911.

How Your Work Status Affects Your Personal Injury Claim

Your work status plays a crucial role in your personal injury claim, as it directly impacts the amount of compensation you receive and your efforts to mitigate your injuries. When determining compensation for your injuries, insurance companies and courts consider factors such as lost wages, diminished earning capacity, and the impact of the injury on your ability to perform job-related tasks. Your work status, including whether you are able to return to work, the extent of your work restrictions, and any accommodations needed, plays a big role in the compensation you receive. If you push yourself to return to work early—even if doing so negatively impacts your health—the insurance company may claim that your injuries obviously aren’t as bad as reported.

Dangers of Returning to Work Early

Returning to work earlier than recommended after sustaining a personal injury can pose several risks to your claim:

  • Underestimation of damages: By returning to work before you fully recover from your injuries, you may underestimate the severity of your condition and the long-term impact it may have on your ability to work and earn income. This could result in undervaluing your claim and receiving inadequate compensation for your losses. You may, for example, be able to push through your work for a few weeks—only to collapse four weeks in and be permanently out of the workforce.

  • Compromised medical treatment: Returning to work too soon may interfere with your medical treatment and rehabilitation process. Focusing on work responsibilities instead of prioritizing your recovery could delay or hinder your progress, leading to prolonged pain and suffering and potentially exacerbating your injuries. Remember, part of your responsibility in a personal injury claim is to put appropriate effort into your recovery.

  • Limited documentation: Continuing to work while still experiencing pain or limitations may result in insufficient documentation of your injuries and their impact on your ability to work. It’s likely that the other party will assume your injuries are less severe than reported.

Going Back to Work Could Endanger Your Claim

Returning to work too early could also jeopardize your claim by providing ammunition for the defense to dispute the validity of your claim. Insurance companies will point at your past descriptions of your injuries, and then ask how those reports can be true if you’re back to work already. Not only could your claim lose value, but it could be lost entirely if the insurance company is convincing enough.

How to Protect Your Case

Protecting your health and your personal injury claim should be two of your top priorities during this process. Luckily, the two go hand-in-hand. First, follow the treatment and care recommendations given by your doctor. This means not returning to work until you are given the all-clear, doing all recommended physical therapy exercises, and taking medication as prescribed. Second, document your progress and setbacks. If your injury prevents you from taking care of your home and family, following your care instructions, or otherwise living your daily life, make note of these limitations.

Explore Your Legal Options with McPhillips Shinbaum

When you’re ready to move forward with your personal injury claim, attorney Aaron Luck is here to help you fight for the compensation you deserve. Let’s sit down and talk about your next steps. Just call us at 334-262-1911 or send us a message online to get started.

Motorcycle Accidents

How Distracted Driving Increases the Risk of Motorcycle Accidents

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Distracted driving poses a significant threat to road safety, particularly for vulnerable road users like motorcyclists, bicyclists, and pedestrians. As drivers increasingly engage in activities like texting, eating, or texting while behind the wheel, motorcyclists face ever-growing dangers. Understanding the link between distracted driving and motorcycle accidents is crucial for those who use the road and who are affected directly by these accidents.

If you or someone you love has been injured in a Montgomery motorcycle accident, don’t wait any longer to find out if you’re entitled to compensation. Call McPhillips Shinbaum at 334-262-1911 to set up a consultation with our team.

The Dangers of Distracted Driving

Distracted driving refers to any activity that diverts a driver’s attention away from the demanding task of operating a vehicle. Common distractions include using smartphones, eating or drinking, grooming, adjusting the radio or GPS, and interacting with passengers. Studies have shown that distracted driving significantly impairs a driver’s ability to detect and react to potential hazards on the road, increasing the likelihood of accidents. Distractions are generally classified into three separate categories: cognitive, manual, and visual. Some activities, such as texting, fit into all three categories.

Why Motorcyclists Are at Greater Risk

Motorcyclists are inherently more vulnerable on the road than occupants of enclosed vehicles. Unlike cars or trucks, motorcycles lack the protective structure of a vehicle, leaving riders exposed to the full force of impact in the event of a collision. On the other hand, occupants of standard passenger vehicles benefit from crumple zones that absorb much of the force of a crash. The protection that motorcyclists do have comes largely from their helmets and any other protective gear they use.

Additionally, motorcycles are smaller and less visible than other vehicles, making them more susceptible to being overlooked by distracted drivers. As a result, motorcyclists face a heightened risk of severe injuries or fatalities when involved in accidents caused by distracted driving.

How Distracted Driving Causes Motorcycle Accidents

Distracted driving can lead to motorcycle accidents in various ways. One common scenario is when a distracted driver misjudges a motorcyclist’s speed and distance. This leads to a collision at intersections or during a lane change. Additionally, distracted drivers may exhibit erratic behavior on the road, such as swerving or sudden braking. This behavior puts motorcyclists at risk of being struck from behind or forced off the road. Distractions can impair a driver’s ability to maintain proper control of their vehicle.

Consider this: drivers are generally far less likely to see motorcycles than they are to see other vehicles. Motorcycles are smaller and easier to miss during a quick glance. This effect is multiplied when a driver is already distracted and giving just a shred of their attention to the road. By the time they realize a motorcyclist is in their path, it may be too late to take corrective action.

Legal Options for Injured Motorcyclists

Motorcyclists injured in accidents caused by distracted driving have legal recourse to seek compensation for their injuries and damages. Depending on the circumstances of the accident, injured motorcyclists may pursue a personal injury claim against the liable driver. This can be an uphill battle for some motorcyclists, as many people still assume the worst of motorcyclists and blame accidents on them regardless of what the evidence says.

That’s why it’s so important to talk to a lawyer as soon as possible after an accident. Motorcyclists often suffer enormous physical and financial losses in these collisions, but drivers’ policies aren’t quick to pay out what victims owe. The sooner you begin working with an attorney on your case, the more time they have to gather necessary evidence, prove the other party’s liability, and fight for the compensation you deserve. If your accident is caused by distracted driving, they may look for evidence proving the driver’s focus at the time of the accident. For example, phone records may show that the driver was texting or using social media.

Contact McPhillips Shinbaum to Start Your Claim

At McPhillips Shinbaum, attorney Aaron Luck helps accident victims like you fight for justice. Take the first step now—schedule a consultation by calling us at 334-262-1911 or connecting with us online.

The Importance of Medical Records in Personal Injury Claims

The Importance of Medical Records in Personal Injury Claims

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When you’re seeking compensation for a personal injury, your medical records may play a critical role in whether or not you receive a fair settlement offer. Medical expenses are often the largest portion of a personal injury settlement, and with complete medical records, you can prove your injuries and the costs that come with treating them.

Getting full and fair compensation often starts with finding the right attorney for your personal injury claim. Set up a consultation with the team at McPhillips Shinbaum and attorney Aaron Luck by giving us a call at 334-262-1911. We look forward to helping you. 

Proving the Nature and Severity of Injuries

Medical records can go a long way in proving the severity and extent of your injuries. Medical records may show when a patient sought treatment, which diagnoses they received, treatment plans that were recommended, and progress on their recovery. Comprehensive medical records may also show a patient’s diagnostic testing, medical imaging, and care provider observations. All of this evidence makes it very hard for the other party’s insurance company to claim that you are exaggerating your injuries or making them up entirely.

Highlighting the Need for Medical Treatment

Even if the insurance company is willing to admit that you are injured, they don’t always necessarily agree that you need medical care. They’ve been known to say that your care was frivolous or excessive, or even worse, just a way to fluff up the amount of money you ask for. Thorough medical records show what prescription medications you take for your condition, how often you have medical appointments, which specialists you see, which treatments you have tried, and which treatments have helped you make progress. 

If your injuries aren’t yet completely healed, your medical records can also show your ongoing care needs and provide insight into your prognosis. This is particularly important if you are likely to need care for the rest of your life, as the doctor’s recommendations and observations may be used to determine how much money you receive for future medical care.

Demonstrating Pain and Suffering

Putting a dollar amount to your pain and suffering feels unnatural. For some, it even feels wrong—how can you ask for money for a loss that isn’t financial? The fact is that money is the only type of compensation that the civil court can award, and you should get every dollar you are entitled to.

How, then, do medical records prove your pain and suffering? Doctors often note patients’ pain levels in their charts. They also document the type of medications a patient receives for pain, what physical limitations they struggle with as a result of their pain, and the progress they make over time.

Insurance companies aren’t quick to pay out additional money for pain and suffering. Medical records can help back up your claims of pain and suffering with actual medical documentation. Sometimes, you just need the insurance adjuster to see you as a person—and sometimes, thorough documentation of pain and suffering can make that happen.

Avoiding Pre-Existing Conditions Accusations

Insurance companies sometimes go low when they are trying to avoid paying out a full and fair settlement. That may mean implying—or saying outright—that your current injuries are a result of pre-existing conditions, not their client’s actions. Your medical documentation may disprove that. Doctors can provide their opinion on the source of injuries and subsequent pain, making it clear that your injuries are in line with what other accident victims experience. They may also comment on past injuries and the fact that they do not align with your current symptoms and pain levels. In these claims, it is often a matter of getting ahead of the insurance company, anticipating their next move, and having a rebuttal ready for it.

Call McPhillips Shinbaum for Help with Your Personal Injury Case

If you’ve been injured in a Montgomery car accident or other type of accident, you don’t need to go through this challenging time alone. Attorney Aaron Luck at McPhillips Shinbaum is committed to helping victims like you fight for the compensation they are owed. Take the first step in your claim now by calling us at 334-262-1911 or filling out our online contact form.