Suffering a serious injury can be a devastating experience, and one that leaves you with high medical bills, financial losses in the form of lost wages, and pain and suffering. If you have been seriously injured as a result of another party’s negligence, you may be considering filing a personal injury case.

Before you file your personal injury case on your own, though, understanding the different elements of a personal injury case, and the benefits of working with a skilled lawyer, can be helpful. One of the most important reasons to consider hiring an experienced personal injury attorney is that they will have longstanding relationships with specialists, and the resources to bring in expert witnesses.

Why Are Expert Witnesses Important in a Personal Injury Case?

Winning a personal injury case can be difficult, especially if you are unfamiliar with the legal system and are pursuing damages unrepresented. This is because there are four set elements of a personal injury claim that you must prove in order to recover compensation. These are:

1. Duty of care;
2. Breach of duty of care;
3. Causation; and
4. Damages.

Essentially, you must prove that the party against whom you’re filing a civil action owed you a duty of care, breached the duty of care owed to you as a result of their negligence, that this negligence was the direct cause of your accident, and that you suffered actual damages as a result.

Proving these four elements will take more than just your opinion; instead, hard evidence is a must. This is especially true in Alabama, where the courts apply the legal doctrine known as “contributory negligence” in personal injury cases. Under this doctrine, any party that shares fault for an accident and subsequent injury is barred from recovering damages. This makes it all the more important to compile various forms of evidence and develop a rock-solid case.

One of the best ways to put the evidence of the case in proper perspective for the judge or jury and help substantiate your claim is through the opinion of expert witnesses.

Common Types of Expert Witnesses

There are a number of different expert witness types that may be useful in your case. Examples include medical professionals (doctors, medical specialists, psychiatrists, etc.); accident reconstruction specialists; forensic specialists; financial experts; and more. These experts can be used to offer insight into how your accident occurred, whether or not the defendant breached the duty of care owed to you, and the value of the losses you have suffered.

It is important to note that not only are expert witnesses important in personal injury claims, often providing expert opinion that is undisputed about how an accident occurred or the severity of related injuries, but that their opinions are sometimes required. For example, in a medical malpractice case, you must hire an expert who can attest to the fact that the defendant breached the medical standard of care.

Are Expert Witnesses Expensive?

One of the biggest barriers to working with an expert witness is that expert witnesses are typically very expensive to hire. In fact, hiring an expert to work on your case or testify as part of your suit can cost hundreds or thousands of dollars. One report found that just an initial review from an expert is a few hundred dollars on average, and that a deposition is even more expensive. Fees for certain specialties, like plastic surgeons and neurosurgeons, are higher.

The expenses that are associated with expert witnesses often make hiring them unrealistic for the average person who has suffered serious injuries, is dealing with financial losses, and is pursuing damages without professional legal representation.

Our Law Firm Has the Resources Necessary to Hire Experts for Your Case

Deciding between bolstering your case, potentially recovering the maximum amount of compensation available to you, and forking out hundreds of dollars for experts’ fees can be a tough decision. In some cases, you simply may not have the cash, meaning that recruiting an expert is inaccessible.

When you work with the personal injury lawyers at the offices of McPhillips Shinbaum, LLP, hiring experts is not something you need to worry about. Our lawyers cover 100 percent of the fees associated with your case, including experts’ fees, and never request upfront payments from you. Instead, we work on a contingency fee basis, which means that if your case is successful and you recover a settlement, we will be paid an agreed-upon percentage of your winnings. If you don’t win, we don’t collect a payment.

Schedule a Consultation Today

To learn more about the role of expert witnesses in a personal injury case and how our firm can help you, please call us at 334-262-1911, contact us online,  or visit our Montgomery law office in person. Consultations are offered free of charge.

If you or someone you love has been injured as a result of someone else’s negligence – car or truck crash, motorcycle accident, slip and fall, or wrongful death – you may decide to pursue damages and seek compensation for your losses. Many wonder “How long does a personal injury case take?” McPhillips Shinbaum LLP is here to help. When the accident wasn’t your fault, it’s not fair that you should be stuck with medical bills, lost wages, and the pain and suffering that come with these tragic circumstances.

An Alabama personal injury case is often the best way to achieve a positive outcome, which includes an award for the damages you need and deserve to move on with your life. But, this can be a daunting process, and you may not want to jump into something that is going to take years to resolve.

You may wonder if your injury case can be resolved quickly? It certainly is possible, but if you settle quickly, you most likely won’t receive the full value of your case. Your Alabama personal injury attorney will want to make sure that your rights are protected, and you aren’t shortchanged in the process. There is a basic timeline for all personal injury cases as well as several factors that could delay your settlement.

Alabama Personal Injury Case Timeline

Each personal injury case is unique, but they all progress according to a similar timeline. Between the date of the accident and the resolution of your case, these are various milestones that you can expect:

• Medical treatment. After you’ve been involved in an accident, you should seek immediate medical care. This could be ongoing until you stabilize, lasting anywhere from a few months to several years.
• Consult an attorney. Speak with an experienced Alabama personal injury attorney as soon as possible after your accident about your rights and legal options.
• Claim investigation. Your attorney will investigate your case and collect the evidence necessary to substantiate your claim.
• File an insurance claim or demand a settlement. Many personal injury cases settle before going to court. Your attorney will file claims with the appropriate insurance companies and speak to you about your settlement options.
• File personal injury lawsuit. If you are unable to reach a fair settlement agreement that fully compensates you for your losses, your attorney will file a personal injury lawsuit. Getting a trial date can take a year or more.
• Both sides will engage in the investigation of each other’s claims and legal defenses. There will be written questions (interrogatories) as well as depositions of witnesses and other interested parties.
• Mediation and/or arbitration. Before a trial, both parties will attempt to settle the case again through mediation, arbitration, or both.
• If your case does not settle by this point, you will go to trial. The defendant can also appeal the decision if they lose.

Factors That Could Delay Your Personal Injury Case

Not all personal injury cases settle quickly. In fact, an insurance company that tries to push a quick settlement may be trying to get off the hook for much less than your case is actually worth. There are three common reasons that personal injury cases take a long time to resolve.

1. There are problems with the case. Your case might take longer to settle if there are questions or disputes around two issues – liability (who was at fault) and damages (the severity of the injury or other losses).
2. The case is “valuable.” The more money your case is worth, the more resistance you will meet from the other side. An insurer will insist on either investigating or fighting every aspect of your case if “big money” is involved.
3. You haven’t stabilized medically. A personal injury case becomes difficult to settle if you are still receiving treatment for your injuries. Once you reach maximum medical improvement, the parties can place a more accurate value on your damages.

 Speak With An Experienced Alabama Personal Injury Attorney

The Alabama personal injury attorneys at McPhillips Shinbaum, LLP, have over 153 years of combined experience helping injured victims seek justice in a variety of personal injury matters. If you or someone you care about has been injured due to another party’s negligence, our seasoned Alabama personal injury lawyers can help you recover damages for medical care, lost wages, pain and suffering, and more.

Contact our Montgomery office now at 334.262.1911 or reach us online to schedule your initial consultation.

#locallegallifeline

Traveling by air is one of the most common ways to get around these days. In fact, according to Air & Space Magazine, there were 3.5 billion airline passengers in 2015, a number that was predicted to increase to 3.8 billion by 2017. What’s more, only 18 percent of Americans report never having flown in their life, which means that 82 percent likely have flown.

While air travel certainly makes things more convenient, and is becoming a more popular option with cheaper flights and budget airlines popping up both domestically and abroad, it’s important to remember that even when planes land safely, passengers can suffer in-flight injuries.

Common In-Flight Injuries

There are multiple opportunities for an injury to occur throughout the duration of the flight. Some of the most common accident and injury types include:

• Rolling cart injuries (when the cart carrying drinks and snacks strikes a passenger);
• Falling luggage injuries;
• Spilled hot beverage injuries;
• Slip and fall injuries; and
• Turbulence-related injuries.

While many of these injuries are minor, leaving a person with insignificant bumps and bruises that are quickly forgotten about, the injuries can be serious. Indeed, a piece of luggage falling on a person’s head could cause a head or brain injury, spilled hot liquid could lead to serious burns, and other accident types may lead to back or neck injuries, fractures, and sprains and strains. Further, the above list is not inclusive.

Who’s Liable for an In-Flight Injury?

If you have been injured while on a flight, you may be able to bring forth a claim against the airline in order to recover compensation for the value of your injuries. In order to do this, here are a few things to keep in mind–

• Airlines are common carriers. The first thing to note is that airlines arecommon carriers, which means that they have a heightened duty of care to those they serve. This may mean that providing negligence is easier to do, as the ordinary standard of care does not apply.
• Airlines cannot be held liable for unforeseeable and unpreventable events. When certain events occur that an airline cannot predict, they cannot be held liable for damages that result. For example, turbulence on an airplane is not always avoidable. If a plane was experiencing turbulence, and a passenger who was advised to stay buckled in their seat went to the bathroom and fell along the way, the airline is not liable for the resulting damages.
• You’ll have to prove negligence. Like with all personal injury claims, in order to hold an airline liable for harm, you’ll need to prove that the airline neglected the duty of care owed to you. For example, if the plane was experiencing turbulence, but the pilot or airline attendants failed to let passengers know they should remain in their seats and an injury resulted as such, it could be argued that the airline neglected their duty of care. Failing to properly secure luggage is another example of negligence.
• Rules may be different for international flights. If you were harmed on an international flight, you should meet with an attorney immediately, as where the flight originated and landed may determine jurisdiction for your case. Further, your damages amount could be limited.

 Contact Our Experienced Personal Injury Lawyers Today

Being injured on a flight can be a very uncomfortable and scary experience, and sometimes the injury may be serious enough that you need to bring forth a legal claim in order to recover compensation for your losses.

Before you file your suit, though, you should consult with an experienced Montgomery personal injury attorney who has represented clients involved in suits against airlines in the past. At the law offices of McPhillips Shinbaum, LLP, our personal injury attorneys are prepared to advocate for you. To learn more about our legal services and how to hold an airline liable for injuries, please call us at 334-262-1911 or contact us online to schedule a free consultation.

A three-car crash occurred Saturday night, January 31st, on Peppers Ferry Road near Rolling Hills Drive in Montgomery County. The road was closed for several hours as emergency responders and law enforcement worked the accident. The accident occurred when a driver crossed the center line and struck another vehicle head-on. The driver of that vehicle was pronounced dead at the scene, and his two passengers were transported to the hospital with minor injuries. A third vehicle was also involved, but no injuries were reported for the occupants of that vehicle.

The driver who crossed the center line has been charged with driving under the influence of drugs. Drunk driving and drugged driving are not only dangerous and illegal, but they may subject the driver to liability for any personal injury or wrongful death which resulted. When a violation of the law has led to an injury, the injured plaintiff may be able to demonstrate that the defendant was negligent per se, or negligent as a matter of law, without having to provide other evidence of the defendant’s negligence. The central question on this issue is whether the statute which was violated was one that was enacted to prevent the type of harm which occurred. Most traffic laws fall into this category, and a law against driving under the influence certainly has a primary purpose of preventing tragedies such as this one.

The doctrine of negligence per se has been upheld many times by the Alabama courts, including this restatement of the law in Proctor v. Classic Auto., Inc. from the Alabama Court of Civil Appeals in 2009:

“Violation of statutes or ordinances may be negligence. If the statute or ordinance violated was enacted or promulgated for the protection of the person claiming to have been injured by reason of the violation, the violation of the statute may be negligence per se or negligence as a matter of law.”

It is important to always drive with care and to drive defensively with regard to others who may be on the road, but as this tragedy demonstrates, sometimes all the care in the world cannot keep you safe from another person who chooses to drive with negligence or reckless disregard for the safety of others. If you or a loved one have been injured in an Alabama car accident, contact the attorneys at McPhillips Shinbaum for a free consultation about receiving the compensation you need and deserve to recover from the harm done to you.