What to Do When the Adjuster Won’t Return Your Calls After an Accident?

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Having been involved in a car accident, one of the things you need to do is to file a claim with the insurance company of the negligent driver. Under the Alabama personal injury laws, the individual or entity responsible for the accident is held liable to pay for any injuries and damages resulting from it.

If you are the victim and you initiate a claim with the insurer for the at-fault party, an insurance adjuster is usually assigned to your case. The adjuster is the contact that you would rely on to move the claims process forward. But problems arise with this process when the insurance adjuster stops taking or returning your calls.

The Insurance Adjuster Not Returning Calls Is a Common Issue

Insurance company adjusters going silent is a common complaint. And injured accident victims already going through a stressful time do not need the additional hassle of dealing with an unresponsive adjuster.

All they are looking for is to be updated about their claim, and the assurance that their claim being handled in a professional and fair manner. However, the situation rarely pans out that way. Insurance company adjusters, besides being up to their necks with claims, are a part of a system that is inherently designed to cut the insurer’s losses by slowing down the entire process and reducing the number of claims that are paid out.

Reasons Why Your Adjuster Might Not Return Your Calls

Insurance Company Profit is the Prime Mover

Insurance companies are businesses that are out there to generate profits for their stakeholders. And while there might be nothing wrong with that in general, the problem here is that the interests of the insurer are not aligned with those of the injury claimant. This makes the adjuster an adversary who is definitely not looking out for what is best for the injured party.

While slowing down and/or rejecting claims creates more profit for the insurance company, it also incentivizes adjusters to deny or devalue your claim because the lesser the payout, the more the company gets to keep.

Your Desperation Helps Drive Down the Claim Value 

The most common way an adjuster does this is by stretching out the claims process. They deal with injured victims of accidents day in and day out. And they are fully aware of the desperate situation most claimants are in – with your medical bills piling up, car damages to be paid, and financial constraints due to loss of earnings – while you are trying to recover from your injuries.

The adjuster is fully aware that the longer they drag out your case, the more pressure will build on you. And the more desperate you become, the more likely you are to accept any settlement offer that finally comes your way. Even if it might be much lower than you deserve for your injuries, damages, lost earnings, and pain and suffering.

The Insurance Company Is Not Liable Until Forced

Another reason that the adjuster is not calling you or returning your calls is simply because they do not have to. They usually get away with their delaying tactics because they are not legally bound by a fixed timeline, and they are not technically breaking any law by delaying or even rejecting your claim.

The onus is on you to either accept their settlement offer, however meager or unfair it might be, or take them to trial where a jury could force them to pay you the full and fair compensation you deserve for your injuries.

This is why it is vital that you consult with a reputable personal injury attorney who can skillfully negotiate a fair settlement on your behalf or take the insurance company to trial if the need arises.

What Should I Do When the Insurance Company Adjuster Does Not Call Back?

If you sustained injuries and damages in a car crash because of someone else’s fault, you will have many pressing issues that need to be handled promptly; such as medical bills, lost wages, vehicle repair, and arranging alternative transportation. While waiting for the adjuster to return your calls, you could utilize the following options:

If You Have Full Coverage Insurance for Your Vehicle

If you decide to cover the damage using your own insurance, the deductible that you are likely to have will be refunded by the at-fault driver’s insurance company. Also, your insurance company might waive the deductible on your request, which is a fairly common practice. Since you are using your own insurance carrier to cover the property damages, you can expect a better service without having to wait for the other insurance company to call you back.

If You Do Not Have Full Coverage Insurance for Your Vehicle

In this scenario, you will have no choice but to work with the other insurance company to take care of your property damage and alternative transportation. The choices you are left with are either to call frequently in an effort to force the adjuster to give you priority or request intervention by a supervisor to help force your claim through.

Contact a Skilled and Knowledgeable Personal Injury Attorney in Dothan, AL

For the victim of an accident, the best outcome is that the at-fault party’s insurance company offers a fair settlement. But unfortunately, this does not usually happen unless the insurer knows that you are serious about taking them to trial if they refuse to negotiate in good faith. At M. Adam Jones & Associates, we routinely deal with insurance adjusters as part of our job, and we have a successful track record obtaining maximum compensation on behalf of our clients. Contact us today for a free consultation and case assessment with a member of our legal team.

Adam Jones,

Managing Partner

Adam Jones & Associates, LLC

206 N. Lena St.

Dothan, AL 36303

Tel: 334-699-5599

Fax: 334-699-5588

Why Your Personal Injury Lawyer Should Have Trial Experience

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When you are evaluating possible attorneys to hire for your personal injury claim, you might be wondering how important it is that the attorney has trial experience. There are a lot of lawyers and firms out there that never take their cases to trial or only have minimal experience in the courtroom. So, how might it impact your case if you retain a lawyer or firm that never litigates?

The first thing to point out is that very few personal injury cases ever see the inside of a courtroom. In fact, statistically, approximately 95% of such cases are settled during the pretrial phase. The main reason that most cases settle is because avoiding a trial is generally in everyone’s best interests.

Litigation is costly, time-consuming, and unpredictable. For a personal injury plaintiff, going to trial could mean a much higher damage award, or it could mean walking away with very little or nothing. The defendant (usually an insurance company) is also rolling the dice when a case goes to trial, and if they lose, it could end up costing them a lot more in damages and legal fees.

All of that said, you should still look for a lawyer who not only has trial experience, but also someone who has a successful track record in cases that they have litigated. Here are some of the reasons why your personal injury attorney should have trial experience:

Trial Preparation Creates a Stronger Case

If your lawyer has a good amount of trial experience, they will approach the case much differently than an attorney or firm that never goes to trial. The one with litigation experience will begin preparing for that possibility as soon as they take the case. This means conducting a full investigation to gather all of the important facts and evidence to show that the defendant is liable, and it might also mean calling on various experts whose testimony can lend additional credence to your claim.

A firm that does not litigate cases will not put in as much effort to build a strong claim. A good example of this is the firms that put up the billboards all over town. These firms are commonly known as “settlement mills” because their whole business model is based on bringing in a high number of cases and churning them out as quickly as possible. This is how they continue to pay for all that expensive advertising.

A Proven Trial Attorney Has Much More Negotiating Leverage

This is a very important point to emphasize – if your attorney has ample trial experience, this puts them in a much better position to negotiate a good settlement for their clients. Insurance companies know the attorneys and law firms in each area, and they know the ones that have been known to take a case to trial and the ones that always settle. Which one would you rather have in your corner?

Clearly, you would want the lawyer who is willing to go to trial, because this alone is often enough to bring the other side to the negotiating table. If, on the other hand, you decide to go with an attorney or firm that the insurance company knows will never go to trial, what incentive does the insurer have to make you a reasonable offer?

There is Still a Chance that you Might Have to Litigate

Although the chances of going to trial are pretty slim statistically, there are still some cases in which it makes sense to litigate. There are times when insurance companies utterly refuse to negotiate in good faith, and although it is more time-consuming, filing a lawsuit might be the best move in a case like this. If your case ever gets to this point, you will definitely want a lawyer who has trial experience.

Contact M. Adam Jones and Associates for Help with Your Alabama Personal Injury

Retaining a lawyer with trial experience is very important when you have an injury claim. And because almost all personal injury lawyers work on a contingency fee basis, you will not have to pay upfront attorney fees regardless of who you hire. This being the case, why not retain the best attorney you can find?

For personal injury claims in Alabama, M. Adam Jones and Associates is ready to go to work for you! We have the proven litigation experience you are looking for, and we have the knowledge, skills, resources, and commitment to help ensure that you recover the full and fair compensation you deserve. Contact us today to set up a free consultation and case evaluation.

 

M. Adam Jones & Associates, LLC

206 N. Lena St.

Dothan, AL 36303

Tel: 334-699-5599

Fax: 334-699-5588

Understanding the Discovery Process During a Personal Injury Lawsuit

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Personal injury claims often result from auto accidents and similar types of accidents in which another party is responsible for the claimant’s losses. When this occurs, the first step is usually to try to obtain a settlement with the other party and/or their insurer. But if the other side is not willing to make a reasonable settlement offer, the claimant has the option of filing a lawsuit before the statute of limitations in the state where the injury occurred expires.

Once a personal injury lawsuit is filed, the case moves to the jurisdiction of the courts, and this initiates a very important phase called “discovery.” Discovery is a process in which the parties to a lawsuit exchange information that is pertinent to the case. This might include important facts and pieces of evidence, eyewitness testimony, and the opinion/testimony of expert witnesses. Discovery may take several weeks or even months to complete, depending on how complicated the case is and other specific factors.

Forms of Discovery

Discovery begins with some initial disclosures that are required from each side; such as a list of eyewitnesses to the accident or event that caused the injury, a list of doctors and other medical professionals who have examined and/or given treatment to the claimant, a list of expert witnesses who will be used in the case, the amount of damages the plaintiff is seeking (along with documentation to show how this figure was calculated), and any other items, documents, or bits of information that either side intends to introduce.

Aside from the initial disclosures, there may be additional information that either side wants to obtain. There are several different ways that this information can be sought during discovery, some of the most common include:

Interrogatories

An interrogatory is a series of written questions that one party to a lawsuit sends to the other. The questions are answered in written form under oath, and they are supposed be answered honestly and to the best of the respondent’s recollection. Interrogatories are often used in a personal injury lawsuit, and they can be very helpful in clarifying important information and/or obtaining additional details about the case.

Request for Document Production

Parties to a lawsuit may request the production of documents that are pertinent to the case but were not turned over to the other side during the initial disclosure phase. Examples of documents that are commonly requested in a personal injury lawsuit include medical records, photos of the accident scene, repair receipts, and records of lost earnings. Document production requests are often made in conjunction with interrogatories.

Request for Admission

A request for admission is a request made by one party for the other party to admit, deny, or object to a statement of fact. These requests are useful in helping to establish certain facts before a court trial begins. This saves them the time and expense of having to introduce evidence and/or call witnesses during the trial to prove these facts.

Depositions

Depositions are oral sessions in which one of the parties to a lawsuit is required to answer a series of questions under oath. The answers provided are recorded and transcribed by a court reporter for later use. The answers that are given during a deposition are often used to develop a trial strategy and/or to help with negotiating a settlement before the case goes to trial. Deposition transcripts and recordings might also be used later on at trial to help corroborate or dispute certain testimony.

Suffered a Personal Injury in Alabama? Contact M. Adam Jones and Associates for Legal Help

Discovery is a very critical phase during a personal injury lawsuit. This is the time when each side builds their case, and the quality of information that is obtained can often make the difference between the success and failure of a case.

If you or someone close to you suffered an injury because of someone else’s negligence, it is very important to have strong legal representation so you can obtain the best possible settlement or file a personal injury lawsuit when necessary. If your injury happened in Alabama, M. Adam Jones and Associates is ready to go to work for you! To get started, message us online or call our office today to schedule a free initial consultation and case assessment.

M. Adam Jones,

Managing Partner

M. Adam Jones & Associates, LLC

206 N. Lena St.

Dothan, AL 36303

Tel: 334-699-5599

Fax: 334-699-5588

Things Insurance Companies Don’t Want You to Know After a Car Accident

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When someone gets injured in an auto accident, one of the first people who normally contacts them is an insurance company representative. They will usually be very friendly and reassuring. They might start by asking how you are doing, and they will insist that everything is going to be just fine and that you will be “taken care of.”

It is important to understand that no matter how courteous and accommodating an insurance adjuster may seem, their interests are not aligned with yours. The goal of the insurance company is to mitigate their losses, which means paying you as little as possible for your injuries.

During your interaction with the insurance company, there are several things that they will not tell you and don’t want you to know:

They are Not on Your Side

The insurance company wants a different outcome than you, and as such, you should view them through an adversarial lens. This is true even if you are dealing with your own insurer; for example, if the driver who caused the accident was uninsured or underinsured. Throughout the process, remember to view everything that the insurance company does with skepticism.

Their First Settlement Offer Will Probably be Too Low

Whenever an insurance company provides an initial settlement offer, it is usually for a significantly lower amount than your case is worth. Insurers know that accident injury victims are often in a bind financially from being out of work and incurring large medical bills, and they will try to take advantage of this situation by giving claimants a lowball offer.

Giving a Recorded Statement Could Hurt your Claim

When an insurance company representative calls you on the phone, they will usually want you to provide a recorded statement giving your version of events. They might imply that this is just a formality and part of their investigation, and that the statement is needed in order to process the claim.

If you are asked for a formal statement, you should not provide one with without first speaking with an attorney. These “investigations” are conducted primarily for the purpose of finding some reason to diminish or deny your claim, and your statement is likely to be used against you later on.

You Can Sue them if They Act in Bad Faith

Insurance companies are required to act in good faith when dealing with claimants, and they are not free from regulatory oversight and accountability. Many insurers push the boundaries of what they are legally allowed to do, and this is far more likely to happen if a claimant does not have legal representation. If you believe you are being treated unfairly by the insurance company, speak with an attorney as soon as possible.

Hiring an Attorney Will Often Result in a Better Settlement

If you suffered moderate to severe injuries from your accident, then you might be entitled to a significant amount of compensation. An insurance adjuster might tell you that your settlement will be the same whether you hire a lawyer or not, implying that doing so would be a waste of your money. But this is simply not the case.

Now you might be thinking to yourself, “of course you’re going to say that, you’re a lawyer.” But don’t take our word for it, consider the results of a survey done by Nolo, the highly respected online legal encyclopedia. The survey found that three factors affect the outcome of a personal injury claim more than any other; hiring an attorney, negotiating a settlement rather than taking the initial offer, and taking steps toward involving the court. Furthermore, the survey showed that obtaining legal representation was the most important step.

91% of claimants who had a lawyer received a payout for their claim, while just 51% of those without a lawyer received a settlement. In addition, claimants who hired a lawyer received an average of $77,600 in compensation, while those who handled their own claims received an average of $17,600. Even after accounting for the lawyer’s contingency fee, those with legal representation ended up with net compensation amounts that were nearly three times higher than those who were unrepresented.

Injured in an Auto Accident in Alabama? Contact M. Adam Jones and Associates for Assistance

If you or someone close to you got hurt in a car accident in Alabama, M. Adam Jones and Associates is ready to go to work for you! Call our office today or message us online to get started.

M. Adam Jones,

Managing Partner

M. Adam Jones & Associates, LLC

206 N. Lena St.

Dothan, AL 36303

Tel: 334-699-5599

Fax: 334-699-5588

How Contributory Negligence Works in Alabama

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When someone gets injured as a result of another party’s negligence, they are usually entitled to monetary damages to cover their losses. In states like Alabama, however, things can get more complicated for plaintiffs because the state applies the “contributory negligence” legal standard. Only a handful of states still use this doctrine, and it definitely gives defendants an advantage in personal injury cases.

Under contributory negligence, a plaintiff can be barred from recovering damages if they are found to have “contributed” in any way to the underlying accident or event that caused their injury, even 1%. This makes it an uphill battle for those who have been injured because another party was negligent.

In order to be eligible for compensation in a personal injury lawsuit, a plaintiff needs to be able to prove the following four elements:

  • Duty: The defendant owed a duty of care during the situation in question. For example, all motorists have a duty to operate their vehicles in a safe manner and to abide by all traffic laws.
  • Breach of Duty: The defendant breached their duty of care. For example, the motorist was looking down at his/her phone and sending a text at the time that the accident occurred, thus putting themselves and everyone else on the road at risk.
  • Damages: The defendant’s negligent actions resulted in some type of economic damage or other losses to the plaintiff. For example, the plaintiff suffered an injury as a result of the vehicle crash.
  • Causation: The plaintiff must show a causal link between the defendant’s breach of duty and the losses the plaintiff suffered. For example, if the plaintiff suffered a traumatic brain injury (TBI), they would need to show that the injury was caused by the vehicle accident and not by something else.

In most states, if a plaintiff can prove these four elements, they are likely to recover damages. Most states apply some type of comparative negligence to personal injury claims, allowing plaintiffs to recover at least some level of compensation even if they share some of the fault. In Alabama, unfortunately, this is not the case. Even if the defendant was negligent, you can be sure that they will look for a way to pin at least some of the blame on the plaintiff so they can evade responsibility for the plaintiff’s injuries.

Consider the example of a driver who runs a red light and crashes into a vehicle that is crossing through the intersection while the light is green. In this situation, it might seem very clear that the driver who ran the red light is at fault and is responsible for damages. But phone records might show that the other driver was talking on their phone at the time of the crash.

This might compel the jury to assign a small amount of blame to the driver who was crossing with a green light, say 5%. And this could cause them to lose out on the compensation they should be entitled to.

If you are wondering if there are any exceptions to the harsh Alabama contributory negligence laws, there are a few:

  • Children under the age of 14 are generally presumed to be incapable of being contributorily negligent.
  • Children under the age of seven are deemed conclusively to be incapable of acting negligently because of their innocence and limited life experience.
  • Individuals who are incompetent or mentally challenged are considered incapable of being negligent.

The Importance of Strong Legal Counsel in Alabama Personal Injury Cases

With such a high bar to clear, it is strongly recommended for personal injury victims in Alabama to get a skilled and knowledgeable attorney involved in their case as soon as possible. The other side will be at work immediately putting together their defense, and the sooner you get an attorney working for you, the better your chances of a successful outcome.

If you or a loved one has suffered a personal injury in Alabama, M. Adam Jones and Associates is here to help. We will meet with you to thoroughly assess your case and advise you of your legal rights and options. And if we do end up taking your case, we will not charge you any attorney fees unless we recover compensation on your behalf. Message us online or call our office today to get started. We look forward to serving you!

Internal Injuries That Can Occur in Accidents

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Thousands of people are injured in accidents every day. Some injuries are apparent right after the crash, but in many cases, the symptoms of an injury do not show up until later on. This is frequently the case with internal injuries.

Internal injuries are often not able to be detected by an external medical exam, but this does not mean they are not dangerous. In fact, some internal injuries can be severe and even life-threatening. This is why it is very important for individuals who are involved in accidents to get medical attention right away, even if they seem to be feeling okay.

Types of Internal Injuries that are Caused by Crashes

Crash injury victims typically suffer internal injuries because of the sudden and traumatic jolt to the body that happens after a crash. These injuries are more common in high-impact collisions, but they can definitely happen in low impact crashes as well. There are a number of different types of internal injuries that someone can suffer after an accident:

  • Broken Ribs: A vehicle collision can result in fractures to the ribs. A broken rib that goes untreated for a while can be especially dangerous, because it can lead to other problems inside the body, such as ruptured blood vessels or a pierced or collapsed lung.
  • Collapsed Lung (Pneumothorax): As we mentioned in the previous point, a frequent complication from broken ribs is a collapsed lung/ This occurs when the lung is pierced and deflated by the fractured rib, causing air to escape and fill the chest cavity. This condition is especially difficult to detect because it often does not cause any pain or difficulty breathing.
  • Organ Damage: The impact of a crash can cause damage to various internal organs, such as the kidneys and liver. This can result in internal bleeding that may cause the organ to shut down completely.
  • Internal Bleeding: Accidents can cause ruptured blood vessels within the body, which prevents the blood from clotting and being able to repair itself. This results in internal bleeding. Some signs and symptoms of internal bleeding include lightheadedness, fatigue, thirst, pale complexion, feeling cold, and abdominal pain.
  • Ruptured Spleen: A ruptured spleen is commonly associated with severe internal bleeding. In most cases, this condition will require surgery to remove the damaged spleen.
  • Abdominal Aorta Aneurysm: This is a severe and typically fatal internal injury that is commonly seen in accidents and is caused by a compressed stomach.

Symptoms of Internal Injuries after an Accident

Diagnosing an internal injury will usually require an x-ray, MRI, CT scan, or angiography in order to examine the patient’s tissues, bones, and blood vessels. There are also some symptoms to be on the lookout for after being involved in an accident that may indicate that someone has this type of injury:

  • Pain: Pay attention to signs of internal pain, particularly in the chest or abdomen. Tenderness in the chest could be a sign of fractured ribs, and as we talked about earlier, abdominal pain could be a sign of internal bleeding. Even if this pain is minor at first, it can still be a sign of a serious injury, in which case the pain will likely worsen as time goes on.
  • Bruising: Bruises of course can happen because of external injuries, but they can also be an indication of internal bleeding. In particular, watch for dark purple bruises as these may be signs of bleeding into your soft tissues and skin.
  • Nausea and Vomiting: Nausea, dizziness, and vomiting after an injury are possible signs of blood loss due to internal bleeding. If there is blood in the vomit, that is a sign that something is seriously wrong.
  • Signs of Shock: Injury victims that lose a lot of blood in a short period of time often go into a state of shock. Some signs and symptoms of shock include accelerated heart rate, lightheadedness, weakness, and fatigue.

Injured in an Accident in Alabama? Contact M. Adam Jones and Associates Today

If you have been injured because of someone else’s fault, get medical attention right away, then get in touch with an experienced vehicle accident lawyer. Contact M. Adam Jones & Associates for a free consultation and case assessment. We will meet with you to review your case and inform you of your legal rights and options. Call us or message us online today.

Adam Jones,

Managing Partner

Adam Jones & Associates, LLC

206 N. Lena St.

Dothan, AL 36303

Tel: 334-699-5599

Fax: 334-699-5588

 

What Happens if you are Involved in a Crash with a Company Vehicle?

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Auto accidents that involve commercial vehicles are typically far more complicated than those that involve personal cars. First there is the question of who is responsible for the crash and any injuries and other losses that are sustained. This could be one of several different parties, including the driver of the company vehicle, their employer, the driver of other vehicles involved, or a third party.

Another issue that would need to be resolved is how an injured company driver gets reimbursed for their losses. Workers’ compensation coverage is available in many cases, but this only provides limited benefits for direct economic costs and does not cover any of the intangible losses such as pain-and-suffering and emotional distress. In some instances, the driver of the company vehicle might be able to recover compensation for these losses if another party is at fault for the accident.

Whether you were the company driver or another driver or passenger who was involved in a crash with a company vehicle, this is not the type of case that can be easily handled on your own. If you suffered injuries from the accident, it is very important to have the case examined by an experienced attorney, so you understand your rights and legal options. In Alabama, contact M. Adam Jones and Associates at 334-699-5599 for the strong legal guidance you need.

Determining Liability for a Crash with a Company Vehicle

As mentioned earlier, there are a number of parties that could potentially be at fault in an accident that involves a company vehicle:

The Driver’s Employer

Whether it was the driver of the company vehicle or their employer who was to blame, the employer’s liability insurance would usually kick in and pay for the damages. Even if the employer did not cause the crash, it is ultimately their responsibility to ensure that the vehicles they own are operated safely.

The Company Vehicle Driver

When the company vehicle driver is at fault for a crash, the employer’s insurance will usually take responsibility. But there are some exceptions to this general rule. Situations in which the company’s insurance would not cover an employee who causes a commercial vehicle accident include:

  • Criminal Activity: Many commercial insurers will refuse to indemnify an employee who causes a company vehicle crash while in the midst of committing a crime. The most common example of this would be an employee who is driving a commercial vehicle while under the influence of alcohol or drugs.
  • Going on a Frolic: If an employee decides to run personal errands or otherwise take an extended break while on company time, they might be held personally liable if they are at fault for a crash.
  • Non-Business Activity: Crashes involving company vehicles that happen outside of business hours are often not covered by the driver’s insurer. Examples include commuting to and from work or using the vehicle for personal or recreational activity during their time away from work.

The Driver of Another Vehicle

If the driver of a vehicle other than the company car is at fault for the crash in the company vehicle driver is injured, then they can file a claim with the responsible driver’s insurer. As we talked about previously, this would allow an injured company employee to recover compensation for losses over and above what would be available through their employer’s workers’ comp policy.

Third Parties

There are a number of parties who are not directly involved in a company vehicle crash that could hold some responsibility, including:

  • A cargo or shipping company that overloads or unevenly loads a commercial vehicle which leads to a crash. This is most common with large tractor-trailers.
  • The party who is responsible for maintaining a company vehicle when the crash results from mechanical failure.
  • The designer, manufacturer, or distributor of a faulty vehicle or vehicle part that causes the accident.
  • The party in charge of maintaining the roadways when problems with the roads (such as potholes or cracks in the surface, hidden or damaged road signs, or missing guardrails) cause the vehicle to crash.

A thorough investigation is necessary in order to gather all of the critical facts and pieces of evidence and identify the underlying cause of the crash and all contributing factors. This is why you want an attorney in your corner who understands the complexities and nuances involved with these types of cases and has the proven ability to ensure that all responsible parties are held fully accountable.

Get in Touch with M. Adam Jones and Associates Today

Crashes involving company vehicles are very complicated cases, and the sooner you get our firm involved, the better your chances of recovering the full and fair compensation you deserve. Call our office today or message us online to schedule your free consultation and case assessment. We look forward to serving you!

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

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It can take several weeks or longer to recover from an auto accident injury. Some of the more severe injuries require surgery and other types of medical treatment, and this could mean a lengthy rehabilitation period. During this time, injured individuals are often anxious to get back to work.

Being out of work because of a personal injury means no steady paycheck, which can cause a lot of financial strain on injury victims and their families. It also means being out of your regular routine; e.g. not being able to go to the workplace every day, not being able to socialize with coworkers, etc., Being at home every day not doing anything can get very boring after a while.

Under these circumstances, it is understandable that an injured individual would want to get back to their job as soon as possible. Their employer might also be encouraging them to come back, which adds to their motivation.

So, when is it a good time to go back to work after an accident injury?

There is no standard answer to that question that applies in all circumstances. Every case is different, and the severity of an injury can vary widely from one case to another. In addition, each body reacts differently to physical trauma.

The best advice is to follow your doctor’s recommendations and do not participate in any physical activity (including your job) without medical clearance to do so. You should also work closely with your attorney to understand all of the legal ramifications of your decisions.

What if you go back to work too soon after the injury? Can doing so damage your personal injury claim?

The short answer is, “yes”, it can hurt your legal claim. But not only that, an early return to work could also cause you to experience a significant physical setback as well.

What Could Go Wrong if You Go Back to Work Too Soon?

As we touched on in the previous section, going back to work without being cleared by your doctor could be used against you in your personal injury claim. The insurance company from which you are seeking compensation for your injury will most likely see an early return to work as evidence that your injuries are not really as bad as you say they are. This means they will want to pay you less for losses such as pain-and-suffering and emotional distress, claiming that you could not be suffering all that much if you are able to work again.

Keep in mind that insurance companies are always looking for ways that they can diminish the value of a legal claim and pay out less money for the negligent actions of their insureds. Insurance companies are in business to make money, so it only makes sense that they would do everything they can to protect their bottom line. Do not give them any additional ammunition that they could use against you.

The second and more important reason you should not return to work too soon after an injury is because it could jeopardize your physical health. You might feel like you are ready to go back, but if a doctor says that you are not, there is probably a good reason they are giving you this advice.

For example, maybe your job involves certain physical movements that you have not been doing while you have been out of work, such as lifting heavy materials or various types of repetitive work. If you go back too soon and working re-aggravates your injury, this could significantly worsen your condition and set your recovery back for an extended period of time. To add insult to injury, the insurance company might refuse to pay the medical expenses that you incur because of the injury being re-aggravated.

The Importance of Legal Representation After a Personal Injury

Issues like when to return to work come up frequently in a personal injury claim. And as we talked about earlier, insurance companies are always looking for ways to trip up a claimant, so they can pay out as little as possible for their injuries. This is why it is always best to work with an experienced attorney who can guide you through the claims process and help you avoid any potential pitfalls.

If you have been injured because of someone else’s negligence and the injury occurred in Alabama, M. Adam Jones and Associates is here to help. Contact us today to schedule a free consultation and case assessment with a member of our legal team.

Are you Required to Provide a Recorded Statement to an Insurance Company After an Accident?

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If you have been involved in an auto accident, you may be going through a very turbulent and challenging time. If you sustained injuries from the accident, then you should be working closely with your medical provider to obtain the treatments needed to get you on the road to recovery. You might also be looking at missing work while you are getting treated and going through rehabilitation. If the injury is more serious, this process might take quite a bit longer, perhaps several months or more.

While all of this is happening, you will be contacted at some point by the insurance company. In many cases, you may hear from the insurer for the at-fault driver within just a few days. The insurance company representative is usually friendly, courteous, and seemingly empathetic. They will call and ask how you are doing and assure you that everything is going to be okay. Shortly thereafter, they might request that you provide them a recorded statement about the accident.

The insurance company representative might make it seem like giving a recorded statement is standard operating procedure. And they might make you feel like you are obligated to comply with this request. They might not tell you that directly, but they may imply that by providing them with a recorded statement, it will help ensure that the claim gets processed smoothly so you can get your settlement check sooner.

It is very important to understand that you are under no obligation to give the insurance company a recorded statement, and you should never do so without being represented by an attorney. It is never in your best interests to give the insurer any type of statement on the record without legal representation, because such statements can be used to undermine your claim.

Why Does the Insurer Want a Recorded Statement?

Before considering whether or not to provide a recorded statement, it helps to understand the motivation of the insurance company. As we talked about earlier, they might come across as kind and courteous, and we know that they portray themselves to the public as “like a good neighbor” or “the good hands people”.

The truth is that insurance companies are not in business to take care of people, they are in business to make a profit. This is not necessarily an indictment of their industry, it’s just business. In order to maximize profits, they need to pay out as little as possible for injuries that are caused by their insured. And as such, their interests are not aligned with yours.

Insurance companies are professional organizations with representatives who are very good at what they do. They have various tactics that they can use to help protect their employer’s bottom line, and one such tactic is to have an injury claimant provide a recorded statement.

How a Recorded Statement to the Insurance Company Can Hurt your Claim

By getting the injured person to go on the record, the insurer can use their words against them later to minimize the amount that is paid for their claim or even to deny their claim altogether. One way a recorded statement could hurt you is if you end up with delayed symptoms from the accident that do not show up until several days or weeks later. For example, if you start to experience extreme pain in your neck and lower back sometime after the recording, the insurance company might deny treatment for these problems because you did not mention them in your original statement.

Another thing that could happen with a recorded statement as you may give an answer that implies that you were at least partially at fault for the accident. You might not remember all of the circumstances of the crash even a day or two later, and you might not be totally sure of everything that happened. But whatever the case, make sure you do not admit any kind of fault for the crash.

If the insurance company can get you to take even partial responsibility for the accident, this can be especially problematic in a state like Alabama. In Alabama, an injured party can be barred from recovering damages even if they are 1% at fault for the underlying accident or event. This is all the more reason to get a skilled and knowledgeable attorney involved in your case as early as possible, so your right to recover compensation can be fully protected.

Injured in a Car Crash in Alabama? Contact an Experienced Personal Injury Attorney

If you or someone close to you suffered injury in an auto accident, do NOT give a recorded statement to an insurance company without speaking with a lawyer first. If the accident occurred in Alabama, M. Adam Jones and Associates is ready to go to work for you. Call our office today or message us online for a free consultation and case assessment.

Safe Driving Tips for Holiday Travel

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The holidays are just around the corner, and this is the time of year when people are out and about to go shopping, attend holiday gatherings, and visit with loved ones. This year will be different because of COVID-19, and it is likely that some who would normally be out during this time of year will choose to stay home. Perhaps some families will do virtual visits instead of getting together in person.

If you are one of those who has decided to travel to see relatives or friends during this holiday season, there are still likely to be millions of others doing the same thing you are. And if you are taking a road trip, expect heavy traffic in some areas, and allow yourself plenty of time to reach your destination.

Here are some other important tips for those taking holiday road trips this year:

Get Your Vehicle Ready for the Trip

Make sure your car is ready to take a lengthy road trip. Take it into a mechanic and have them check over all of the important areas. These may include:

  • A battery and alternator test.
  • Changing the oil and topping off all of the other fluids.
  • Properly inflating the tires and checking their tread depth.
  • Checking the wiper blades to ensure that they are not worn or damaged.
  • Inspecting the brakes to make sure there is plenty of wear left on the pads.
  • Changing the spark plugs and performing a tune-up on the vehicle.
  • Making any repairs that the mechanic recommends.
  • Cleaning out the car and reducing the clutter inside.

Prepare for Emergencies

Put together an emergency kit in the event that you are stranded somewhere along the roadway. Your kit should include some basic supplies, such as:

  • Blankets
  • A first-aid kit
  • Jumper cables
  • Road flares
  • Flashlights with backup batteries
  • Snacks and drinking water
  • A functional spare tire

You should also make sure you have emergency roadside assistance either through your auto insurer or an outside service such as AAA. Write down the phone number for emergency assistance and put it in a safe place. You may also want to load the phone number into the contact list on your cell phone.

Plan your Route Ahead of Time

Before you start out on a trip, it is always a good idea to have your route planned out and know where you will be traveling. Decide who else will be driving besides yourself and plan out a driving schedule. Also decide who will be in charge of navigating and handling the phone. This of course should not be the driver. Finally, inform others of your travel plans before you leave.

Be Aware of Inclement Weather

As the day of travel approaches, monitor the weather reports in the areas in which you are going to be traveling. Be on the lookout for heavy rain, winds, ice, sleet, and snow in the forecast. If it looks like you are going to be going through dangerous weather conditions, plan alternative routes that will allow you to avoid these conditions as much as possible. In some extreme cases, you might want to consider canceling or postponing the trip.

Be Well Rested before Driving

Before driving for a significant distance, you should always have plenty of rest the night before. If you try to drive on too little amount of sleep, you run the risk of getting drowsy or sleepy behind the wheel, something that could result in disastrous consequences. For the average adult, it is best to get 7 to 8 hours of sleep before driving.

Stay Safe during Stops

Along the way, you will be making several stops for fuel, food, and restroom breaks. During the holiday season, the places you stop at your likely to be very busy with lots of people passing through. This means you need to be especially careful around surfaces that have been touched by numerous others.

Whenever you stop, be sure to follow all of the latest health and safety guidelines from the CDC. These include wearing face coverings in public places, distancing, washing your hands frequently, avoiding touching your face, and using plenty of hand sanitizer. Remember that the holiday season is also peak flu season in most places, so COVID-19 is not the only illness you need to watch out for.

Injured in a Vehicle Accident During the Holidays? Contact an Experienced Auto Accident Lawyer

Even if you have done your best to stay safe, accidents are sometimes unavoidable, and they are often caused by the negligence of others. If you or a loved one got injured in an accident this holiday season, M. Adam Jones and Associates is here to help.

Message us online or call our office today to schedule free consultation and case assessment. We look forward to serving you!

  1. Adam Jones,

Managing Partner

  1. Adam Jones & Associates, LLC

206 N. Lena St.

Dothan, AL 36303

Tel: 334-699-5599

Fax: 334-699-5588