Legal Question in Personal Injury in Alabama

My & year old was hit in a pedestrian crosswalk while riding his scooter. A 16 YO hit him. Do I need representation. I know our medical bills are gonna be high. Any Advice. I live in Alabama

Asked on 3/20/11, 9:36 am

4 Answers from Attorneys

Jon Lewis Lewis, Feldman, & Lehane, LLC

It's hard to answer that question without knowing more facts, but I always recommend individuals consult with an attorney. It doesn't cost anything to speak with an attorney to obtain advice, and even if you decide to hire one, most personal injury attorneys work on a contingent fee basis which means you pay nothing unless the attorney recovers for you.

I hope this helps. If you have any questions, please do not hesitate to contact me.

Jon Lewis

[email protected]

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Answered on 3/20/11, 9:44 am
Danny Feldman Lewis, Feldman, Lehane & McAtee L.L.C.

The short answer is "yes." The insurance company for the 16 year old driver will have an adjustor "handling" the claim. The adjustor will not be looking out for your son's interests, but rather will be looking out for his insured's (the 16 year old's) interests and the insurance company's interests. One of the first things they are likely to do is request a recorded statement from your son, purportedly to "investigate" the claim. This really is done so they can defend the claim by arguing that your son was "contributorily negligent" which, they will argue absolves their insured from liability. You also will want to place your own automobile carrier on notice of a potential claim, even though the fact that he was on scooter may eliminate the possibility of UM/UIM coverage. Your case will have many issues.

Our firm represents injured persons and by visiting our website at, you should be able to find useful information. Whether its my firm, or another experienced, personal injury firm, I would urge you to get representation so someone can be looking out for your interests, because the other side's insurance company is not going to be doing that.

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Answered on 3/20/11, 9:46 am
Dean Stein Harville-Stein Law Offices, LLC

I concur with the other answers. This would be a tough "go alone" and you should seek legal representation. Feel free to contact us, should you desire.

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Answered on 3/20/11, 10:14 am
Mark Wolfe Boteler & Wolfe

I would agree with the two previous responses advising to consult with an experienced MVC attorney in your area. It's hard to say from your post whether the 16 year old driver's actions would be considered "negligent." More details about the event will need to be reviewed and discussed. If the 16 year old was negligent, ie. failing to use reasonable care, then yes you and your child may have a liability claim against the driver and/or his insurance company. The only other point I would make is that if the driver was negligent and if he/she does not have insurance, you and your child may still have benefits available through the uninsured motorist provision of your own automobile insurance policy. Many people, and even some lawyers, are not aware that a pedestrian struck by an uninsured motorist may have benefits available through the uninsured motorist provisions of their own auto-policy. I would strongly encourage you to consult with an experienced MVC attorney. Also, for more general information about claims and coverages you may want to download our free 24 page publication, Motor Vehicle Collisions: A Victim's Handbook - Ala ed from our web site: (Go to publications page.) Hope this is helpful and I hope and pray your child will make a full recovery from the injuries suffered in this unfortunate event.

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Answered on 3/20/11, 10:25 am

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