Why You Shouldn't Give Your Health History to an Insurance Adjustor

Why You Shouldn’t Give an Insurance Adjuster Your Health History

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Few things are more stressful than a personal injury claim. You know that the other party’s insurance company needs to understand your injuries to offer a proper settlement, so you may feel like you need to comply with every request they make. However, doing so doesn’t just give them the information they legitimately need; it also gives them information they can use to drive down the value of your claim and pay you as little as possible. One topic that may come up is offering access to your full health history. Before you do anything, it’s important to discuss it with an attorney. Call 334-262-1911 to schedule a consultation with the Montgomery personal injury lawyers at McPhillips Shinbaum.

What Does Your Health History Include?

If you’ve never had a thorough look through your medical record—which most people haven’t—you may be surprised to find out just how much personal information is in it. It’s a comprehensive log of every medical issue you’ve ever had, medications you’ve taken, medical tests you’ve had done, any surgeries you’ve undergone, and every medical visit you’ve attended. 

This type of information doesn’t seem too personal in a medical context, and that’s true. Your medical care team needs to know your health history to provide effective and patient-centered care. However, that same information is incredibly personal and even invasive in the context of insurance negotiations.

Why the Insurance Adjuster Wants Your Medical History

There are several ways an insurance adjuster may use your medical history. Let’s start with the legitimate uses of your health history. First, your medical records from your current injuries provide insight into the care you’ve received, the expenses you’ve incurred, and the path forward to maximum medical improvement for you. 

That gives the insurance adjuster a better idea of how much your injuries may be worth and if you’ll need ongoing medical care in the future. Additionally, they may use this information to verify your claims about your injuries. If you tell the insurance company one thing but then tell medical professionals something completely different, that’s a sign to the adjuster that you’re not being honest.

Now, onto the worrying part of this request: how they can use your health history in a less-than-ethical manner. The insurance adjuster may go over everything in your health history to look for preexisting injuries or conditions. If at all possible, they will use those preexisting conditions to downplay their client’s role in your injuries. 

Pinning your current injuries on a past medical condition is a common and unfair insurance adjuster tactic. Additionally, insurance adjusters may use the information in your health history to paint you as an unreliable accident victim. If there’s a long list of medical issues in your past, the insurance adjuster may try to make it sound like you are a hypochondriac who can’t be trusted when it comes to your own health.

Protect Yourself from Weakening Your Claim

How can you safeguard your health history and ensure that the insurance company doesn’t use it against you? To start, don’t give them full and unfettered access to your medical records. Discuss your options with your Montgomery personal injury lawyer. They can determine exactly what information the insurance company actually needs and then grant them limited access to your medical records. Generally, this is limited to records for your current injury and any accident-related care you have received.

This is solid advice for any part of your personal injury claim, actually. Never give them more information than they genuinely need. Assume that any information you give them will be used against you in one way or another. Even better, don’t give them any information directly; let your attorney handle all of their requests. This ensures that you don’t unintentionally harm your claim and reduce its value.

Choose McPhillips Shinbaum for Your Injury Claim

When you’re ready to move forward with your personal injury case, the team at McPhillips Shinbaum is here to help you. Set up a free consultation with our team now by calling us at 334-262-1911 or sending us a message online. We’re ready to step in and help you fight for what’s right.

Personal Injury Claim

What to Expect at Each Stage of a Personal Injury Claim

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You’ve been injured because of another person’s negligence—what happens now? If you can prove the other party’s involvement in your accident and subsequent injuries, you may be able to recover compensation. This is good news for victims since injuries can lead to thousands of dollars in medical bills and other losses.

If you’ve never hired an attorney before, you may be overwhelmed at the prospect of pursuing a personal injury claim in Montgomery. However, the process is fairly straightforward, especially with the right guidance and support. Call McPhillips Shinbaum at 334-262-1911 to set up a consultation now.

Consultation and Case Evaluation

First, you’ll meet with a personal injury attorney in Montgomery. It’s important to find one whom you can trust and with whom you feel comfortable. Most personal injury lawyers offer free consultations, so don’t be afraid to meet with a second and third option if the first one doesn’t pan out. During your consultation, you’ll provide information on your accident and injuries. The attorney will ask relevant questions and determine the viability of your claim. If you have a viable case, you can choose to retain them to represent you.

Investigation

From there, your Montgomery attorney will begin their investigation. This involves gathering evidence, analyzing it, preserving it properly, and determining how to use it in building your case. Evidence may include photos, video footage, eyewitness statements, testimony from expert witnesses, medical reports, police reports, and surveillance camera footage.

Throughout this process, the attorney will communicate with the insurance companies involved to streamline the claims process. This allows you to limit your communication with other parties and focus on your recovery.

As your attorney investigates, they will figure out who is liable for your injuries and who is responsible for compensation. The evidence will come together in a cohesive case that proves your right to compensation and outlines the other party’s liability.

Negotiations With the Other Party

Once your attorney has determined liability and put your evidence together in a way that solidifies your need for compensation, they will begin preparing for negotiations. Many people think that all personal injury claims result in a lawsuit, but in fact, most cases are resolved in out-of-court negotiations.

Your attorney may start by sending a demand letter to the other party’s insurance company or legal representative. The letter outlines your claims and the compensation you’re requesting. This isn’t the final step; it’s just a way to open negotiations. It’s very rare for an insurance company to receive a demand letter and just pay up.

You should expect the insurance company to counteroffer what they believe to be a reasonable number. Negotiations often involve multiple rounds of counteroffers before both parties reach a point where they are both satisfied. Your attorney will likely have a number in mind that they want to reach.

Settling or Litigation

In most situations, negotiations result in a number that you and your attorney are happy with. When this happens, you sign a legal agreement that waives your right to sue them for any injuries or other issues resulting from the accident in question. In exchange, you receive a lump sum payment.

Some cases simply cannot be settled through negotiations. This may happen when the insurance company overestimates the strength of its case or refuses to go above a certain number during negotiations. If the number is too low for you to consider, your attorney may move forward with a lawsuit. This is a much longer process that involves discovery, pre-trial preparations, and numerous other steps.

Receiving Your Settlement

Upon settling, your money may go through a few more hands before it reaches you. If your insurance paid for anything, they will recover the money they spent. From there, your attorney’s fee and any other expenses will be paid. Finally, you receive your settlement.

Ready to Start Your Personal Injury Claim? Call McPhillips Shinbaum

This is your chance to fight for what you deserve after an injury. Don’t take on the burden of medical bills, lost wages, and other expenses alone. Set up a consultation with the Montgomery personal injury attorneys at McPhillips Shinbaum by reaching out online or calling us at 334-262-1911. 

Deer on Alabama Roadway

Beware of Deer on Alabama Roadways: Ways to Stay Safe as the Days Are Getting Shorter

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Residents of Alabama are starting to enjoy shorter days, slightly cooler weather, and fall decorations everywhere. While fall is a time to prepare for the holidays and celebrate the return of the school schedule, it’s also a time when deer are considerably more active. Whenever you hit the road in Alabama, particularly in the state’s rural areas, you always run the risk of hitting a deer. Whether you hit a deer or a deer runs into your vehicle while crossing the road, substantial damage may follow.

In some cases, car accidents involving wildlife do have a liable party. Find out if you have a case by calling the Montgomery personal injury lawyers of McPhillips Shinbaum at 334-262-1911.

Why Deer Collisions Are More Common in Fall

This seems to be the worst time of year for an uptick in animal activity—with the days getting shorter, visibility is limited, and taking evasive action is incredibly difficult. Unfortunately, there are numerous factors contributing to the increase in deer-related accidents.

Fall is mating season for deer, so you can expect them to be much more active in the coming months. Their peak activity times are dawn and dusk, which also happen to be some of the worst times for visibility. As they seek out potential mates, the likelihood of crossing the road is much higher.

This time of year also marks the start of hunting season. The sudden presence of human beings within deer’s natural habitat can disrupt their natural habitats and cause them to migrate, leading to a flurry of activity near local highways.

The end of Daylight Savings Time causes earlier sunsets across the country, affecting the actual time at which commuters are going to and from work. You have more cars on the road at peak deer travel times and deer moving more frequently—an increase in crashes is inevitable.

Minimize the Risk of Accidents

Knowing that you’re likely to come across your share of deer in the months to come, what can you do to keep yourself safe? First and most importantly, stay alert. No amount of technology or advice can take the place of an attentive and well-rested driver. Remember when deer are most active and be hyper-vigilant during these times.

Be aware of deer crossing signs along your route. These signs are placed after extensive research by local wildlife experts who determine common crossing areas for deer. When you start seeing deer crossing signs, consider slowing down and scanning the edges of the road more often.

Try to avoid swerving out of a deer’s way if it crosses your path. This can actually. Be more dangerous than hitting it, since you risk hitting other vehicles and causing a chain reaction. If a deer crosses your path, hit the brakes and lay on the horn to hopefully scare it out of your path.

Remember that deer often travel in groups. If you see one crossing the road, be aware that more may follow. Take your time, slow down, and watch the side of the road.

What to Do After an Accident

Accidents happen, no matter how careful and attentive you are while driving. If you do hit a deer, check yourself for injuries and move your vehicle to the side of the road if it is drivable. This prevents vehicles approaching from behind from hitting you and causing even more damage.

Avoid approaching the deer if it is injured but not dead. Wounded animals can be unpredictable and you don’t want to get hurt. Consider calling the local police or animal control department so they can provide assistance.

Document the collision the best you can; your insurance company will want proof that the crash was wildlife-related before they pay out your claim. 

Explore Your Legal Options with McPhillips Shinbaum

If you believe your accident was caused by a negligent driver, you could be entitled to compensation. Our team of personal injury attorneys is ready to help you explore your options and fight for the compensation you’re owed. Schedule your free consultation now by sending us a message online or calling us at 334-262-1911.

Personal Injury

The Importance of Keeping Accurate Records in a Personal Injury Case

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Behind every successful personal injury claim, there’s a massive pile of documentation. Insurance companies are sneaky, and they will not pay for an injury unless they are forced into a corner. In-depth record keeping can strengthen your injury claim in a variety of ways, and working with an experienced personal injury attorney can help you know exactly which types of records to maintain.

The team at McPhillips Shinbaum is here to help you fight for justice after a personal injury. Find out how we can help you by calling us at 334-262-1911.

How Your Records Support Your Personal Injury Claim

Accurate records are the foundation of any personal injury claim. Without them, a claim is flimsy, impossible to prove, and unlikely to be successful. To start, clear records help establish liability. Once you can prove who is liable for an injury, you put pressure on the insurance company to account for their client’s negligence.

Records can also prove causation. It’s important not just to prove your injuries, but to show what caused them. Crash scene documentation and medical records create a strong link between an accident and your subsequent injuries.

Thorough records go a long way in quantifying your economic and non-economic damages. Without proof of what you’ve lost, the insurance company will always take the most optimistic outlook they can. They’ll assume your injuries are minor or nonexistent and that you did not miss any time at work. When you can prove your losses, they can’t hold onto those lies any longer.

All in all, your records can put your attorney in the best place possible to begin preparing for negotiations or getting ready for court.

Documenting the Incident

Documenting the incident is a vital part of your records. Without proper documentation of the accident or incident that led to your injuries, your claim is on shaky ground. Photographs and video footage are excellent for proving what happened and how things went wrong. You can also support your photographic evidence with eyewitness statements, your own written statements, and physical evidence. 

Physical evidence may include broken or damaged items, clothing items, and debris. If your injury was caused by a car accident, don’t forget to get a copy of the police report for your records. If you had a slip and fall incident, get an injury report from the place you fell.

Medical Records

Remember, proving the extent of your injuries is crucial if you want to get fair and full compensation. Your initial medical assessment shows how quickly you sought treatment after your injury and what the doctor’s initial thoughts were. This type of documentation gives you a starting point for your recovery.

Other important medical documentation may show the treatments you’ve received, how much progress you have made over time, which diagnostic tests you’ve undergone, and any mental health treatment you’ve needed as a result of your injuries. As you start receiving bills, don’t forget to keep them as well. Medical expenses are often the biggest component of a personal injury claim.

Financial Records

Your medical bills are just part of the financial records you should keep after a personal injury. If you have to pay any copays, pay for parking, or otherwise spend your own money on your medical care, keep receipts. When you receive bills, make copies and save them for your claim.

Your income is likely to take a hit as you recover from your injury, so take some time to document the time you spend away from work. You may want to get written reports from supervisors if you are forced to go home early or if you take unpaid time off of work after running out of sick pay. If you must pay out-of-pocket to keep your insurance active in the interim, document that as well.

If you suffered any property damage during the accident, get repair and replacement estimates for each item damaged. This could be a sizable part of your claim.

Choose McPhillips Shinbaum for Your Personal Injury Claim—Contact Us Today

The sooner you reach out to McPhillips Shinbaum after an injury, the more quickly we can begin building your claim and advocating for you. Set up a time to talk now by calling us at 334-262-1911 or contacting us online.

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.

Dog Bite Injury

Dog Bite Dangers: What to Do If Your Child is Attacked by a Dog

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A dog bite can be one of the most traumatizing experiences a child ever goes through. If you talk to most adults who are terrified of dogs, you’ll find that for most of them, a dog bite early in life is the root of their fear. Not only could your child be left with emotional trauma, they may also struggle with physical injuries and disfigurement. That’s why it’s crucial to hold the negligent party accountable for their actions.

If your little one has been bitten by a dog, don’t wait a moment later to get the legal advice you deserve. Call McPhillips Shinbaum at 334-262-1911 to set up a consultation now.

Immediate Steps to Take After a Dog Bite

When a dog bite occurs, your immediate priority is to protect your child. We recommend:

  • Separating the dog and child immediately. Even if the dog bite appeared to be an isolated one-off incident, you never know when a dog who has acted aggressively will lash out again. Remove your child from the dog’s presence immediately, and if the attack is ongoing, put as much distance between the dog and you as possible.
  • Checking for severe injuries. Look for anything that could be fatal or leave your child with permanent injuries. That is your priority as you move on to treating the wounds.
  • Controlling the bleeding and treating the wound. It’s crucial to stop the bleeding as soon as possible. Use a clean cloth to apply pressure and staunch the flow of blood. Depending on where the bite is, you may also want to elevate it. Clean the wound and cover it—from there, it’s up to medical professionals.
  • Identifying the dog and owner. Take a mental photograph of the dog in question. Try to remember its size, perhaps by comparing it to an object near it like a fire hydrant or bicycle. Remember its general pattern and coloring, and if you know dogs, get an idea of the breed. Ideally, you’ll get the owner’s name and contact information. You may also find it helpful to photograph the dog and owner in case they attempt to flee.

Medical Care and Documentation

Dog bites can be incredibly dangerous, especially to young children with still-developing immune systems. You must go to the emergency room or an urgent care center to seek further treatment. 

While your child is receiving treatment, take advantage of the downtime to document the incident. Write down everything you remember about the bite, the dog, and its owner. Take photos of the wound before and after treatment—these photos could be important in your eventual personal injury claim. Follow the doctor’s instructions to the letter. Left untreated or poorly treated, a dog bite can lead to a severe infection.

The Legal Aspects of a Dog Bite in Alabama

Dog bites are fairly legally complex in Alabama. Alabama does have a “one bite” law, although this is often misunderstood. The dog doesn’t get one free bite before the owner is liable for damages. Even if they did not know the dog was dangerous, they can still be forced to pay actual economic damages to the victim.

However, if the owner had reason to know the dog was aggressive, they could be forced to pay additional damages. There are many ways to prove that a dog is aggressive and that the owner knew it. Perhaps the dog has bitten someone in the past, and your attorney can prove it by pulling animal control records. Maybe the dog requires sedation medication every time they go to the vet because they are considered a danger otherwise. Perhaps the dog was adopted and was listed on the shelter’s website as aggressive or unpredictable.

This is a nuanced area of law, and what you can recover depends largely on the strength of your claim and your attorney’s experience. That’s why it’s important to work with an experienced dog bite attorney.

Start Your Dog Bite Claim with McPhillips Shinbaum

We know that a dog bite can be devastating for you and your child. We’re determined to hold the negligent owner responsible—don’t take this on alone. Set up a consultation with our team now by calling us at 334-262-1911 or contacting us online.

Why Are Pedestrian Accidents Increasing in Alabama?Why Are Pedestrian Accidents Increasing in Alabama?

Why Are Pedestrian Accidents Increasing in Alabama?

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Walking is one of the healthiest ways to get from Point A to Point B—if you’re lucky enough to live in a walkable city, you may even be able to get by without owning a car. But even if you just walk for fun and exercise, you deserve to walk freely without worrying about a rogue driver hitting you. Unfortunately, that’s not how it is for Alabama pedestrians. Pedestrian accidents are on the rise and the fallout is devastating.

If you or someone you love has been hurt in a pedestrian accident, find out if you are entitled to compensation. Call McPhillips Shinbaum at 1-866-224-8664 to set up a time to talk to our team.

What the Data Says

The best source for accident statistics in Alabama is the Crash Facts booklet, an annual publication put out by the Alabama Department of Transportation. The most recent version covers 2020 data and includes a section specifically covering pedestrian accidents. In 2011, there were 741 pedestrian crashes resulting in 589 injuries and 84 deaths. How have those numbers changed over the years?

Let’s jump forward to 2019 since data from 2020 includes the pandemic when fewer cars were on the road. In 2019, there were over 900 pedestrian accidents. These collisions led to over 70 injuries and 114 deaths. These numbers reflect a 35% increase in fatalities and a 22% increase in total collisions. Not only are crashes on the rise, those crashes are becoming more and more deadly.

Even though crash numbers are deceivingly low in 2020 thanks to the pandemic, you might be surprised by fatality numbers. Even though crashes decreased significantly in 2020, fatalities remained high—there were 97 deaths in 2020.

How Drivers Can Cause Pedestrian Accidents

In many cases, drivers are to blame when pedestrian accidents occur. Distracted driving is a huge problem in Alabama and across the country, and pedestrians often pay the price. Drivers who are glancing down at their phones or completely engrossed in text messaging may not see a pedestrian as easily as they’d see a car in their path. By the time they notice—assuming that they notice at all—it may be too late to stop. 

This is exacerbated by speeding, another common mistake made by drivers. When drivers are zipping down city streets, they don’t leave themselves enough time to come to a complete stop.

Drivers also have a problem yielding right-of-way to pedestrians. Even though pedestrians generally have the right-of-way in intersections and elsewhere, drivers often try to squeeze through rather than wait for pedestrians. This leads to preventable accidents.

Impaired driving is a significant contributing factor to pedestrian collisions in Alabama. Impaired drivers are less likely to see pedestrians, less able to respond appropriately when they do notice them, and less likely to have the motor skills needed to stop in time.

When Pedestrians Are to Blame

Although drivers may be to blame for the majority of pedestrian crashes in Alabama, it is important to acknowledge the role that pedestrians play. They have to be active participants in their own safety, rather than expecting cars to stop for them. Even if a car is in the wrong, being right isn’t worth being hit.

Jaywalking is one of the main ways pedestrians cause accidents. Drivers are far less likely to see jaywalkers than they are to see people crossing at intersections. This gives them minimal time to stop and dramatically increases the likelihood of an accident.

Some pedestrians also have a habit of ignoring walk and don’t walk signals. While drivers are technically supposed to stop to allow people to cross intersections, crossing on a don’t walk signal makes it much more likely you’ll get hit. It’s just an unnecessary risk to take.

Distracted walking is an issue much like distracted driving. Pedestrians should be cognizant of the drivers around them, what they’re doing, and their surroundings.

Injured in a Pedestrian Accident? Call McPhillips Shinbaum Today

If you or someone close to you has been hurt in a pedestrian crash, don’t wait any longer to talk to McPhillips Shinbaum. Our team is committed to helping you fight for full and fair compensation. Reach out online or call us at 1-866-224-8664 to schedule a consultation now.

Important Tips for Avoiding a School Bus AccidentImportant Tips for Avoiding a School Bus Accident

Important Tips for Avoiding a School Bus Accident

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Countless children rely on school buses to get them to school safely and on time. Parents wave to their children as they pull away from the bus stop, rarely worrying that anything could go wrong. Although school buses are an incredibly safe form of transportation with low accident rates, accidents do still occur. Students, parents, and other drivers all play a role in preventing collisions.

If you or someone you love has been injured in a bus collision, don’t wait any longer to explore your legal options. Call McPhillips Shinbaum now to set up a consultation.

Advice for Children

The earlier parents begin teaching their children how to stay safe on and around buses, the better off their children are. Kids rarely think about the possible negative outcomes of their accidents, and it’s our job to protect them from those outcomes without causing anxiety. Parents can focus on teaching their kids these basic tenets of bus safety:

  • Arrive early to avoid rushing. When kids are running to catch the bus, they are more likely to take unnecessary risks.
  • Wait until it is safe to board. Wait until the bus has completely stopped before getting on. This protects you from unexpected jolts that can cause you to hit your head. The same is true when getting off the bus.
  • Avoid distracting the driver. The driver must remain focused on the road to do their job safely. Students can help by staying quiet, staying in their seats, and not trying to interact with the driver.
  • Exit safely and attentively. Children have a tendency to run off the bus to their parents, but that puts them at risk of being hit by a car. Teaching them to exit calmly and after looking both ways is essential.
  • Never cross directly in front of or behind a bus. Buses have enormous blind spots; unintentionally getting in that blind spot could lead to tragedy. Ensure kids know to leave plenty of space when walking around a bus.

Tips for Other Drivers

Other drivers on the road should be extra cautious when driving near school buses. Remember that school buses are closer to large commercial trucks than they are to small passenger vehicles—they need more time to stop, have large blind spots, and are more difficult to drive. Keeping a safe following distance, being patient around buses, and being extra watchful for children can prevent accidents.

It’s also important to know the laws in your municipality. In Alabama, state law forbids other drivers from passing a stopped school bus. You must wait until the bus has resumed moving before going. The same is true even if the bus is on the opposite side of the road and driving in the opposite direction. However, drivers do not have to stop for a school bus if it is on the other side of a divided highway if two lanes allow for traffic to move in the other direction.

Safety Tips for Bus Drivers

Bus drivers are an important line of defense for students and other drivers. While much of this is second nature for bus drivers, these tips ensure student safety and reduce the risk of accidents:

  • Check for mechanical issues before each trip: Buses are under a lot of strain every day, so breakdowns are always a risk. A quick vehicle inspection before each trip can prevent students from being stuck on an overheated bus on the side of the road where they are likely to be hit by inattentive drivers.
  • Always be alert for students near the bus: While kids should know how to move safely near buses, they are unpredictable. Double-checking for children before moving the vehicle is a good habit to establish.
  • Use signals and lights as required: Driving as predictably as possible allows other drivers to stop in time, preventing devastating collisions.
  • Review emergency procedures on a regular basis: Should an accident happen, you want to know exactly what you should do to keep kids safe. Regularly reviewing procedures and expectations ensures that you are ready for anything.

Injured in a Bus Accident? Call McPhillips Shinbaum Today

If you’ve been hurt in a bus collision, you could be entitled to compensation. Let us help you explore your options. Schedule a consultation right away by contacting us online or calling us at 1-866-224-8664.

How Are My Lost Wages Proven in a Personal Injury Case?

How Are My Lost Wages Proven in a Personal Injury Case?

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A personal injury can hurt your quality of life in a variety of ways. For many, it’s not the pain of their injuries or the medical bills that worry them most—it’s the temporary or permanent loss of income. Unfortunately, it’s rare for insurance adjusters to agree to pay out lost wages unless you can prove your financial losses to their satisfaction.

That’s just one reason you want to work with an experienced personal injury lawyer after an accident. Find out how the team at McPhillips Shinbaum can help you after an injury—call us at 1-866-224-8664 to set up a consultation right away.

Recovering Your Lost Wages

After an accident, many victims are most concerned about getting back their lost wages. The majority of Americans live paycheck to paycheck, and even the partial loss of a paycheck can be financially devastating. An unexpected accident that forces you out of work or into light duty can leave your family unable to cover their bills, put food on the table, or take care of other basic expenses.

That’s why it’s so important to document your lost wages thoroughly. While you may need to borrow money from loved ones or put some important expenses on your credit card in the interim, documenting your lost income gives you a chance to get it back from the liable party.

Calculating and Proving Lost Wages

There are several ways to calculate your lost wages, depending on how your pay is structured and how you keep your records. If you are a conventional W2 employee, you are paid hourly or you receive a salary. Keep track of the days you are off of work—they will likely be listed on your paystub or you can request proof on official company letterhead from your work. 

If you are paid hourly, you multiply your hourly wage by the number of hours you work each day, repeating for each day of work you have to miss. Don’t forget to include partial days if you are ever sent home early because of your injury. If you regularly worked overtime prior to your injury, you are also losing out on the opportunity to bring in that extra money—talk to your lawyer about calculating lost overtime income.

If you have an annual salary, the process is fairly similar. You can take your annual salary and divide it by the number of hours you work in a year. If you work a 40-hour week, that amounts to 2,080 hours per year. You can then multiply that number by the number of hours in a standard workday and the number of days missed.

The process is slightly more complicated if you are self-employed, a contractor, or otherwise untraditionally employed. You’ll likely need significantly more documentation to show the income you have lost. If you work with multiple clients, providing proof of projects you turned down and their value is crucial. You may also want to secure written statements from your clients outlining the work they had to divert to other contractors.

Your tax returns are also a valuable source of information. If you can show how much you tend to earn annually, you can extrapolate that to account for the income lost while you were injured. If your work is seasonal in nature, invoices and bank statements may prove how much you lost out on.

What If I’m Permanently Injured?

For those who are catastrophically injured, returning to work may be impossible. When this happens, you may be entitled both to wages you’ve already lost and lost future earning opportunities. This is a far more complex calculation and often requires the insight of a vocational expert. A vocational expert may be able to detail your likely career trajectory, future raises and promotions, and other important factors in calculating lost future income.

Start Your Claim with McPhillips Shinbaum

Don’t wait any longer to start your personal injury claim. With the help of a personal injury lawyer, you can demand compensation for your lost income, medical expenses, and other accident-related losses. The team at McPhillips Shinbaum is ready to fight for you. Schedule your consultation now by calling us at 334-262-1911 or messaging us online.

Expert Witness - McPhillips Shinbaum

How Can Expert Witnesses Help in My Injury Case?

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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.