The Law Office of Mitchell J. Howie understands the many trials and tribulations that can accompany an injury to a loved one or a family member. As a trial lawyer, Mr. Howie also personally understands that insurance companies often are intimidating, and sometimes unresponsive to those who have been injured. The Law Office of Mitchell J. Howie believes in fighting for all of their clients to ensure every client receives the maximum compensation and justice they are entitled under the law. As skilled trial attorneys, The Law Office of Mitchell J. Howie possesses the strength, knowledge and confidence to fight against big insurance companies on behalf of individuals who have been injured. In all personal injury cases, WE GET PAID ONLY IF WE SUCCEED so contact us now for a free consultation and let us devote our energy and expertise to your personal and financial recovery.
You can contact the Law Office of Mitchell J. Howie for your free personal injury consultation with a Texas Attorney or an Alabama attorney in Huntsville, Alabama by calling (256) 533-8074.
Below are common issues encountered with personal injury cases for your review.
Personal Injury Law: Realities
Personal injury law deals with a specific wrong. You and/or your property were injured. If that injury was the result of someone else's negligence, then you can take that person to court in order to prove they failed in their duty to prevent injury. If they are found negligent, then you may be awarded money for medical costs, property losses, loss of consortium, loss of wages and pain and suffering. The defendant's ability to pay will, to a large extent, determine how much you can collect. If your injuries were caused by an unemployed street person, then you essentially have no case. They may have been extremely negligent, but they also have no assets to compensate your loss. If the defendant is insured or has their own resources, you may be able to recoup your losses. The information contained in this message is general and should not substitute for the advice and counsel of a licensed attorney.
What is a "tort"?
A tort is a wrongful act which does not involve a breach of contract and results in an injury, or a loss or damage for which the injured party can bring a lawsuit to recover or compensate their losses. There are several types of torts including medical and legal malpractice, slander and libel. The last two involve damage not to a tangible thing like a persona or property, but to a reputation or to a person's feelings. There are different legal proofs and hurdles in each state which must be overcome in order to make your case. Once a court has determined that injuries have resulted from someone's negligence, the court may decide to what extent the defendant must compensate the plaintiff. The compensation is usually based upon certain formulas and the actual dollar losses and expenses the plaintiff has faced along with pain and suffering. The information contained in this message is general and should not substitute for the advice and counsel of a licensed attorney.
What is "negligence"?
The term negligence is essential to tort law. Everyone is expected to take normal ordinary care to ensure that their actions or the actions of others under their control do not cause anyone harm. If an individual/business entity falls below that standard, and someone is injured or their property damaged, then that individual/business entity becomes negligent. Negligence does not mean that the person deliberately intended to cause harm. It only means that they did not take reasonable care or they did not act the way any reasonable person would have. An example would be the homeowner who decides to plant a tree next to the sidewalk. He digs a huge hole, then leaves to pick up the tree. While he is gone, someone steps into the hole and breaks a leg. Reasonable care would have called for the homeowner to cover or mark the hole to prevent accidents. The information contained in this message is general and should not substitute for the advice and counsel of a licensed attorney.
What is "strict liability"?
Strict liability means that one does not have to prove negligence to recover damages. In the case of product liability, the law now holds that you do not have to prove the manufacturer was negligent if someone is injured while using a product. One only has to prove the product was defective. A lawsuit can be brought against anyone participating in the chain of manufacture for that product, from the manufacturer, to the designer, to the retail store - all can share in the liability. Anyone participating in an act which is inherently dangerous, such as the transport of hazardous substances, will be held strictly liable for any injuries they may cause while engaged in that act. The information contained in this message is general and should not substitute for the advice and counsel of a licensed attorney.
What damages can I recover?
There are two basic types of damages which are related to personal injury suits, punitive and compensatory damages. If you prove your case, you are generally awarded damages by the judge or a jury for your actual losses and past and projected medical costs. These are called compensatory damages. You may be compensated for loss of wages, pain and suffering and loss of consortium as well. The amount you receive will be determined by many factors. Punitive damages are sometimes awarded when the act which injured you proves to be intentional. These types of awards are not frequently assessed but are assessed in order to punish the party that was negligent and to protect the general public from these extremely bad actors and acts. Most often they are assessed against corporations which the court finds to have acted recklessly or against the public interest. By making the corporation pay these sums, the court sends a message that the egregious conduct should not happen again and therefore attempts to protect the general public by deterring others from engaging in the wrongful conduct in the future. The information contained in this message is general and should not substitute for the advice and counsel of a licensed attorney.
Are lawsuits settled before trial?
Yes, lawsuits are often settled before trial. A settlement is an agreement to stop a lawsuit in exchange for something, usually money. A settlement offer can come at anytime, from moments after the injury to moments before the verdict in a trial. When you are in the process of determining your chances in a case, your lawyer will detail the probable range of outcomes and the range of acceptable settlements which they feel you should accept. If you agree to accept a settlement, you will be required to sign an agreement which states that you will absolve the other party of all further liability in this particular case. It is your decision to make. The lawyer cannot make it for you and can only provide you with the information you need to make that decision. Remember that whenever a case goes to trial, there is no guarantee that you will receive anything. The information contained in this message is general and should not substitute for the advice and counsel of a licensed attorney.
Injured in an Auto Accident: Pursuing a Claim
The procedures involved in filing a personal injury lawsuit start at the scene of the personal injury. No matter where it occurs, you need to record the names and phone numbers of witnesses. If anyone has a camera on the scene and is taking photographs or videos, be sure to get their name and number and ask for copies. If you are too injured to accomplish these tasks, be sure to get a copy of the police report. Don't forget to contact your insurance agent. And immediately contact a lawyer to protect your rights. If the lawyer feels there is a case, they will inform the negligent party, or their insurance company, that you are being represented by their firm. You will get medical treatment until you stabilize and are released by a physician. The negligent party or their insurance company will make an offer. There will be counter offers. If nothing works out, the matter will go to trial. Both sides will attempt to prove their case. If you win, you may be awarded damages. The information contained in this message is general and should not substitute for the advice and counsel of a licensed attorney.
Injured in an Auto Accident: What are my rights?
Protecting your rights is crucial to the full recovery of your losses. Paying for your medical bills and recovering lost wages may be impossible if you sign away your rights! You have the right to ask someone who is negligent to pay for any damages that their negligence may cause. Your rights are limited primarily by the statute of limitations in each state. How long you have may vary considerably and if you let this period lapse, you may be unable to recover anything. Therefore it is important to seek expert advice as soon as possible. The longer you wait the more difficult it may be to recover damages. The statutes of limitations for medical malpractice cases are determined by state laws. No matter what your case, you should consult an expert before giving up your right to collect damages for a negligent act. Why should you pay for their actions? The information contained in this message is general and should not substitute for the advice and counsel of a licensed attorney.
Were you the victim of a drunk driver?
Most state statutes define the crime of drunk driving as operating a motor vehicle with a blood alcohol content (BAC) above the legal limit. In some states, the accused doesn't have to be driving, but merely sitting behind the wheel. Many drunk driving cases are initiated when a police officer notices a driver swerving in the road, turning wide corners, stopping inappropriately in traffic, or crossing the centerline. The laws and penalties against drunk driving are becoming increasingly severe... and for good reason. Driving drunk is an irresponsible act that poses a grave danger to others on the road. As a result, convicted drunken drivers who cause injury to others are apt to receive criminal-level judgment from the court.
Workers Compensation: Protecting Employers and Employees
Workers' compensation was designed to take the lawsuit out of the workplace. For many years, the worker was often left with little or no recourse in a system that favored the wealthy business. With the advent of aggressive legal techniques and favorable rulings, businesses soon found themselves under siege. They asked for and received relief through the workers' compensation act which has been adopted in a fairly consistent form in every state. The tradeoff is simple. The worker does not have to prove negligence. The employer's financial liability is limited by formulaic application of benefits. The amount you can receive from workers' compensation is severely limited. While the payment is virtually guaranteed, it is not designed to make anyone rich. The information contained in this message is general and should not substitute for the advice and counsel of a licensed attorney.
A Landlord's Duties to Tenants
The liability of the landlord is extensive in that they have a duty to their tenants to provide a safe and habitable environment. If the landlord fails to maintain the property, you may be able to sue to return the property to a habitable state. If the landlord is negligent in their duties, you may have cause for a lawsuit if injury results from that negligence. The tenant must inform the landlord if any part of the building falls into disrepair, particularly in areas that the landlord would not see routinely. If a tenant fails to warn the landlord of a continuous leak which undermines the floor which subsequently collapses, the landlord may not be held liable. For the landlord, protection against lawsuit should be part and parcel of building maintenance. When you make a repair, you not only improve the worth of the building and you also lower the potential cost of a lawsuit. The information contained in this message is general and should not substitute for the advice and counsel of a licensed attorney.
What if I was injured at a hotel/motel?
A hotel has the same duty to maintain a higher standard of care as the common carrier. The law holds that mass transit companies like the airlines and bus companies, because of the numerous lives they have in their hands every day, must take special care. The laws governing the duties of the hotel include special safety signage which tells the patron where the fire exits can be found and advises them not to use the elevators in the case of fire. Structural issues must be addressed. If an elevated walkway can be expected to be full of people on certain nights, then the hotel must make sure that the walkway can hold the weight. If you are injured while staying at a hotel and believe that the hotel was negligent, you should contact an attorney. The information contained in this message is general and should not substitute for the advice and counsel of a licensed attorney.
Who do I sue for a slip & fall?
The slip and fall accident is a very common mishap found in all climates. Typically, the slip and fall comes as a result of ice or snow buildup on a sidewalk. A pedestrian slips, falls and breaks a bone or sustains a severe muscle tear or other injury. In order to sue for the “slip and fall” it must be determined who owns and maintains the sidewalk. If it is owned by the city or town, they may be protected from suits. If not, then they may be held liable for not maintaining the sidewalk and may have to pay damages. Slip and fall may occur on someone else's property. Slipping on a freshly mopped floor, may be cause for a suit. The homeowner will usually rely upon their homeowner's insurance to protect them from the financial loss. The information contained in this message is general and should not substitute for the advice and counsel of a licensed attorney.
Product Defects: A Manufacturers Liability
Defective products will always be the cause of lawsuits. When a company designs and manufactures a product, the company has a responsibility to ensure that anyone exercising reasonable care within the expected parameters of usage expected for the product will not be injured. In a product injury case, you do not have to prove the manufacturer was negligent. You only have to prove that the product was defective or that the manufacturer did not provide sufficient warning of potential risks or failed to provide adequate instructions. They may be held liable for medical costs, pain and suffering and loss of wages which resulted from the defective product. The information contained in this message is general and should not substitute for the advice and counsel of a licensed attorney.
Product Liability Cases: Strict Liability
In virtually every state, the law now holds that you do not have to prove the manufacturer was negligent if someone is injured while using a product. They only have to prove the product was defective. This concept is called strict product liability. A lawsuit can be brought against anyone participating in the chain of manufacture for that product, from the manufacturer, to the designer, to the retail store and all can share in the liability. You may be able to collect for your current and future medical expenses, lost wages, pain and suffering and disfigurement. In some rare cases, where it can be proved that a manufacturer acted with bad intent or maliciously promoted a defective product, or acted in bad faith during the court proceedings, the company may be forced to pay additional punitive damages. The information contained in this message is general and should not substitute for the advice and counsel of a licensed attorney.
Breast Implant Claims
Breast implants are the source of thousands of lawsuits. In recent years, a particular type of breast implant which used silicone and other artificial implants, have been accused of causing a variety of injuries and maladies including autoimmune diseases like lupus, joint pains, infection and interference in the detection of cancer. There are even suits which allege that these breast implants caused miscarriages and were harmful to breast feeding infants. The suits allege that the manufacturer was negligent and they knew the implants were harmful. The issues involved in this relatively new area of the law are very complex. They involve medical issues which may not be resolved for years. It is important to consult an attorney competent in this area to determine if you may have a case. The information contained in this message is general and should not substitute for the advice and counsel of a licensed attorney.
Medical Malpractice: Types of Claims
Because of the inherent dangers involved in the field of medicine, a bad result may not be enough to file a suit for malpractice. But it is an indication that further investigation should be taken. It is important that the medical practitioner inform you of the range of likely outcomes before performing any procedure. Most will require that you read and sign an informed consent form that states the potential problems and that you have read the form and that you agree to undergo the procedure anyway. But if the doctor performing the procedure acts outside of established parameters and causes you injury, then you may be able to sue to recover for your new medical bills, lost wages, pain and suffering and disability. The information contained in this message is general and should not substitute for the advice and counsel of a licensed attorney.
Attorney/Legal Malpractice: Standards of Care
Much like a bad result in a medical procedure, a bad result in a lawsuit does not mean that your lawyer is guilty of malpractice. Like the doctor, the lawyer carries malpractice insurance against the chance they might be sued. The lawyer must maintain a certain level of professional competence. If they fail to maintain the standard of care to be expected in a given case, then they may be responsible for your losses. If, for example, your lawyer fails to provide expert witnesses in a highly technical trial to rebuff the opposition's experts, then it might be argued that the lawyer failed to perform an obvious and crucial task, thus costing you the trial and any damages. You may be able to sue and recover those losses. The information contained in this message is general and should not substitute for the advice and counsel of a licensed attorney.
Duties of Common Carriers & Public Transportation Industry
The laws governing the public transportation industry hold that they must provide extraordinary care when it comes to the safety of their passengers. The reasoning is, with so many lives in their hands they must act with the utmost care. If you are injured, it may profoundly affect the rest of your life, changing how you live and your enjoyment of your life. The medical costs both for emergency treatment and ongoing expenses can be enormous. If an injury is the result of someone else's negligence, you have the right to seek damages for your losses. These damages may include payment for pain and suffering, loss of consortium, medical expenses both past and future, lost wages for the past and future and money for the trauma of physical disfigurement. How much you receive will depend upon not only the specifics of your case, but the defendant's ability to pay. Suing a pauper will get you nothing. The information contained in this message is general and should not substitute for the advice and counsel of a licensed attorney.
Intentional Acts vs. Negligence
Negligence does not necessarily mean that someone intended to cause you harm. They may have been thoughtless or failed to act with reasonable care. Any behavior becomes negligent when it no longer meets the minimum requirements under the law for ordinary care. If the case goes to trial, much will be made of what would constitute ordinary care by a reasonable person. In some cases, the standard is obvious. In others, it is not so obvious. If there was a clear cut standard, there would be no need for a trial. An example of simple negligence would be the failure to stop at a stop sign or a red light. Any reasonable person could see that running a red light or stop sign is an invitation to disaster. Once negligence is found then the extent of injuries must be determined. The information contained in this message is general and should not substitute for the advice and counsel of a licensed attorney.
Battery Claims: Recoverable Damages
Battery is a form of injury that is direct and may cause substantial losses both materially and psychologically. The definition of battery includes any unwanted touch. This means any part of your body or your clothing or anything you carry. The person who committed the battery may not have intended to touch you, but that is not an excuse. There have been cases of people suing because someone forcibly removed their hat. In cases where there is little physical harm, the chances of a sizable recovery are virtually nil. If you get into a fist fight and get your nose broken, don't expect the court to necessarily find for you. Many courts hold that getting into a fist fight involves consent. In other words, you are agreeing to get hit. You must be able to prove that your actions were pure self defense and that you could not escape the fight. The information contained in this message is general and should not substitute for the advice and counsel of a licensed attorney.
Defamation Claims: Libel and Slander
Defamation is the injury of a person's reputation by the telling or showing of something to others, which causes them to no longer hold that person in high regard. There are two types of defamation, slander and libel. Slander is the oral version and libel is the written version of defamation. Today, the courts hold that defamatory electronic broadcasts are considered libel. You cannot defame the dead. If the statements are true or you agreed to allow the statements, then you have no case. No matter how damaging the statements, you are out of luck. There are certain circumstances which allow you to sue for defamation without having to show that harm was done. This includes harmful statements about you in regards to your business, a claim that you have a disease or have committed a crime or a statement that a woman is not chaste. If you believe you have been defamed, contact an attorney. The information contained in this message is general and should not substitute for the advice and counsel of a licensed attorney.
Can I recover for emotional distress?
It is very difficult to recover damages for emotional distress. One rare type of case would involve a hospital calling you after a relative had checked in and then informing you that your relative had passed away when they were obviously alive. You might be devastated, emotionally wrecked, but while it may be possible to recover damages, it is a slim chance at best. These days, the courts tend to hold that actual injuries must be inflicted before emotional distress can be factored into the personal injury equation. As you know, there are any number of emotional injuries we all suffer throughout our lives for which we generally do not seek monetary compensation. The little knocks and bruises of life are par for the course. However, if it can be shown that someone intentionally caused emotional distress, you may have a case. If you are unsure about your emotional distress case, contact a professional. The information contained in this message is general and should not substitute for the advice and counsel of a licensed attorney.
Do I have a claim for false imprisonment?
False imprisonment involves the unwilling detention of anyone without due process or just cause. If you are in a store and you are stopped by the store detective under suspicion of shoplifting, they do have the right to detain you until the authorities arrive. If they have no actual evidence that a crime was committed, and they hold you without calling the authorities, you may have a case of false imprisonment. Other cases of false imprisonment may include voluntarily checking into a hospital and then finding that you are not allowed to leave. This could include a nursing home as well. While they may claim that they were only looking after your interests, if they feel that your release would truly be harmful to you, they must detain you through proper due process. If you feel you were falsely imprisoned, contact an attorney. The information contained in this message is general and should not substitute for the advice and counsel of a licensed attorney.
Claims for Invasion of Privacy
Every citizen of the United States has the right to privacy. That means no one can unreasonably intrude into your personal affairs. In order for the courts to hear a case for invasion of privacy, one of four things must have occurred. First, there must have been an unreasonable intrusion into your affairs, like a person peeking into your windows, or wire-tapping your phone. Second, private facts about you must be publicly disclosed. This includes information that is true. Third, someone’s name or likeness must be used for the benefit of the user without that person’s permission. Maybe your excited to have won the 100th customer prize, but find your picture on a billboard and you didn't give your permission. That's an invasion of privacy. Finally, any activity that places you in a false light in the public eye, whether the statement is true or not, could be an invasion of privacy. Your attorney can help you determine if your rights have been violated.
Attorney Contingency Fees
The contingency fee is a payment based upon the outcome of the case. An attorney who believes a case has merit, will take the case without payment up front because they believe that you will be compensated. The contingency fee is a percentage of the damages awarded. The average percentage is 33 percent. This is the fee for the case through settlement. If the case has to go to trial, your contingency fee percentage may increase. Some attorneys will increase the fee to 40 percent. If it goes to appeal, the percentage may increase again. To avoid confusion, be sure to get the percentage and the potential increases in writing when you sign on the dotted line. You should also be aware that certain court fees and administration costs will be added to the bill. Ask about these costs as well. The information contained in this message is general and should not substitute for the advice and counsel of a licensed attorney.
What is your claim worth?
The worth of your claim depends upon many factors, many of which can not be objectively quantified. But in general, the worth of your claim will be determined by your damages. If you spend twenty thousand dollars in medical care, you might be expected to be compensated for at least those costs. The court system recognizes pain and suffering, disability and disfigurement and lost wages as part of the damages which you can be compensated. If you are assigned a fifty percent disability, then you may be able to collect fifty percent of your expected earnings for the rest of your life. Pain and suffering are relative and differ in every case. But a general rule of thumb cites three times medical costs as a compensation for pain and suffering. This amount can be significantly higher or lower, depending upon many factors. The only way to get any sense of a claim's worth is to contact an attorney. The information contained in this message is general and should not substitute for the advice and counsel of a licensed attorney.
Valuing Your Claim
Valuing your claim is often a matter of determining liability and negligence first and then the extent of the damages. If someone is liable and negligent and they are capable of paying the damages, then you need to determine the amount of your losses. Sometimes medical expense can be determined easily. But, if the injuries are very severe, requiring extended treatment, perhaps for the rest of your life, the costs must be roughly estimated. There is also the matter of pain and suffering. One rule of thumb, that some use, is the tripling of the medical costs as a general scale for pain and suffering. Of course, this can vary considerably, given the wide range of circumstances which might surround any individual case. To value your claim, contact a knowledgeable attorney. The information contained in this message is general and should not substitute for the advice and counsel of a licensed attorney.