Our Other Areas

Dog Bites
Class Actions
Worker’s Compensation
Uninsured or Underinsured Motorists
Insurance Subrogation & Right of Recovery

Dog Bites

More than 4.5 million Americans are bitten by dogs each year, according to the Insurance Information Institute. More than 800,000 of them required medical attention. Dog owners are responsible for their animals, both in public places and on their property. If you or a family member has been bitten by a dog or other pet, you may be entitled to compensation if the owner was negligent.

Class Actions

A personal injury victim or victims can sue in civil court on behalf a larger group, known as a class. The state or federal court in which the action is filed must agree to designate it as a class action. To qualify, plaintiffs must convince the court that the facts of their situations are similar. Plaintiffs who remain part of the class are bound by the judgment in the case. The most common civil actions involve product liability claims, including defective drugs, faulty automobile parts, including tires and air bags, medical devices, chemicals and other consumer products. If you believe you have been injured by a product that is known to have injured others, let our firm evaluate your claim.

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Worker’s Compensation

Permanent injuries often result from workplace accidents. Most employees in the State of Alabama are covered by the Worker’s Compensation Act. Often questions arise concerning whether or not a person is and independent contractor or an employee. If you have been injured while working, you should contact an experienced attorney who is familiar with the Worker’s Compensation Act on your side. If you have been injured in a work related accident, call Ferguson & Ferguson for a free case evaluation.

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Uninsured or Underinsured Motorists

Many drivers do not abide by motor vehicle insurance requirements. Some cannot afford to purchase insurance or to carry the minimum required by law. Uninsured motorist coverage is coverage provided automatically under your policy for bodily injury that results from an accident with a driver who is legally responsible for the injuries but has no liability insurance coverage. It also covers claims for damage and injury caused by a hit-and-run driver. Underinsured motorist coverage also is automatically part of your policy. It pays for bodily injury that results from an accident with a driver who has insufficient liability insurance to fully compensate you for your injuries. If you have been involved in an accident with an uninsured or underinsured driver, it is important that you contact an experienced personal injury law firm immediately so you do not waive valuable legal rights.

You may also be able to stack benefits from more than one policy or from several vehicles covered under one policy. In Alabama, you may stack up to three automobiles on the same policy. There is no limit if the automobiles are on different policies.

In order to collect underinsured or uninsured motorist benefits, you generally must first establish that the underinsured or uninsured driver was at fault and that you suffered significant injuries. In the case of underinsured motorist benefits, you must also collect the at-fault driver's policy limits before collecting under your own insurance policy. Further, in Alabama there are strict requirements of what you must do before attempting to recover underinsured benefits. You must get your underinsured insurance company’s approval before you can accept a policy limit offer from the at-fault party. Otherwise, you may waive any right to underinsured benefits from your carrier. Always contact a personal injury attorney before you accept any offer from the at-fault party’s insurance. An insurance company is typically entitled to a credit for any recovery received from the underinsured motorist's policy.

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Insurance Subrogation & Right of Recovery

Insurance companies hate to pay out claims, even to their policyholders. The fewer claims they pay, the more profit they earn. Frequently, even when an insurance company pays for your loss, it seeks at least partial reimbursement. This is called subrogation and is an important part of insurance law.

If your automobile insurer, health insurer, worker’s compensation insurer or Medicare or Medicaid has paid money for your care it will be interested in receiving money back from your personal injury claim. We normally contact insurers to allow adequate time for them to prepare their reimbursement demands. The amount of money an insurance company takes from your settlement, if it can get any of it, depends on a number of factors. When you settle your case you need to be aware of the potential for this subrogation and you need an attorney who knows when and how to negotiate with insurance administrators to minimize the impact on your final settlement. Normally we can get an insurance company to significantly reduce its subrogation claim, although each case is unique. After all, you are financing the lawsuit through your payment of attorneys' fees and you have invested your time and effort in prosecuting the suit. We are experts on these issues and know how to best protect your recovery. Ferguson & Ferguson Law Firm aggressively represents your interests and keeps up with ever-changing laws in Alabama and across the country.

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