Legal Question in Medical Malpractice in Alabama

On Feb 12, 2010 I was involved in a auto accident. My vehicle rolled several times. The other driver was at fault. I got pretty banged up, truck was a total loss. My insurance paid my truck off and that left me around 3500.00. I was told to NOT sign off from my claim until I felt satified w/the healing etc. This past November I was contacted by a claim adjuster from the driver that hit me asking if I would come to a settlement. I asked what number he had in mind. He said 13k. I said that this was fair, I also wanted all my medical expenses paid as well. He said "done deal", I will get the paperwork out to you. I and my wife had to sign and get it notorized. The paperwork said exactly what we spoke of. Two weeks later I called to see what if any delays, he said he made a mistake, the amount isn't 13k but 16k. I had to do the paperwork again. So we did, my insructions were the same. I then mailed off the paperwork again and the check came a week later, it was for 2k. I called the adjuster on Monday following the receipt. He said, he paid my medical bills, and reimbursed my auto insurance for picking up a medical claim. The ambulance was 600, emergency room was 2k. He said my bills were more extensive than that. They also paid 10k for someone elses medical bills at that hospital with the same name. I never returned to that hospital. I explained that to him and he was more worried about the check they sent than making right with me. Nowhere on my paperwork does it say I get what is left over. Question #1, should I cash the check for 2k? Does that mean I accept the settlement? Do I have a case here? Any help would be great. Have a great day.


Asked on 2/21/11, 8:40 am

1 Answer from Attorneys

Mark Wolfe Boteler & Wolfe

I would advise you against cashing the check and recommend that you consult with an attorney in your area immediately. Alabama law is very strict in regard to signed Releases and you need to have it looked over by an attorney to see if there is anyway it can be voided or rescinded. If need be we can talk with you further and maybe try to help you find an attorney in your area....but why did you not talk with an attorney before you settled? My e-mail is [email protected] and our web address is: www.botelerwolfe.com I will be out of the office until next Wed but if you can e-mail more specifics including what city you are in I can try to help you.

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Answered on 3/04/11, 3:19 pm


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