Frequently Asked Questions

Montgomery, Alabama attorney Frank M. Wilson answers questions frequently asked by his clients.

• What is the basis for a product liability claim?
• Is there a minimum personal injury settlement amount?
• What are some estate litigation issues?
• What is business law litigation?
• What do you charge for your legal services?
• I am not the “suing” type. Should I really hire an attorney?
• When does an insurance company pay for car or truck accident damages?
• Should I sign the document the insurance company gave me?
• Should I obtain a second opinion about my case from another attorney?

What is the basis for a product liability claim?

There are three basic types of defects:

• Manufacturing defect: The product is well designed, but the way it is constructed makes it unsafe. Perhaps the kind of material used was unstable and caused the product to break.
• Design defect: The design of the product is unsafe, so the entire product line is unreasonably dangerous. Design defects also apply to the way a product is packaged. For example, if a child dies from taking a drug that was erroneously not packaged in a childproof container, the manufacturer can be held responsible.
• Insufficient instructions or warnings: The manufacturer may design a product that is safe when used according to directions and has no manufacturing defects, but then fails to include proper warnings or instructions for safe use.

Is there a minimum personal injury settlement amount?

No, there is no minimum or maximum settlement amount. The amount of a settlement in a personal injury case depends on many factors, including:

• The nature and extent of the injury
• The amount of economic damages, such as lost wages and medical bills
• The amount of time the injury is expected to last.
• If you need an estimated value of a settlement, check with an attorney for a professional opinion.

What are some estate litigation issues?

These issues may include the following:

• Apportionment of estate taxes
• Cancellation of a trust
• Distribution of estate assets
• Interpretation of will language
• Lack of capacity to make a will
• Misuse of powers of attorney
• Paternity disputes between heirs
• Probate of a lost will
• Removal of an executor for cause
• Return of improperly transferred assets
• Sale of real estate by estates and by multiple owners
• Spousal rights (augmented estate, homestead exemption, family allowance and exempt property allowance)
• Undue influence in the making of a will

What is business litigation?

Business law litigation involves business, commerce and consumer transactions, including corporate contracts, hiring practices and the manufacture and sale of consumer goods. It is considered a branch of civil law with public and private law implications. (Source: lawinfo.com)

What do you charge for your legal services?

Your first consultation is free. After that, the fee depends on the type of work required. For instance, for personal injury cases, a contingency fee is standard. That means you do not pay anything, not even expenses, unless money is recovered for you. The fee charged is a percentage of the amount recovered.
Rates for other types of cases, such as business law litigation and estate planning, are reasonable. These are discussed during your initial free consultation.

I am not the “suing” type. Should I really hire an attorney?

You did not seek to be wronged or hurt. You have a right to be fairly compensated for your injuries. Also, wrongdoers should be held accountable for their actions so they do not continue to hurt others. A lawsuit may also bring bad behavior to the attention of others so they can protect themselves from being injured.

When does an insurance company pay for car or truck accident damages?

If the other driver caused the wreck, that driver’s insurance company should compensate you for your losses and injuries. If the other driver does not have insurance or does not have enough insurance to fully reimburse you, your own insurance company may reimburse you for your loss. It all depends on the type of insurance policy. If you are uncertain as to what type of insurance is involved, an attorney can help you obtain the information.

Should I sign the document the insurance company gave me?

No. Every time you sign a document in exchange for money from an insurance company, you are signing your rights away. Usually, the document will prevent you from being able to file a lawsuit. Sometimes, the document may be misleading. You should ask a knowledgeable attorney to read the legal language in the document for you.

Should I obtain a second opinion about my case from another attorney?

Yes. Attorneys have diverse skill levels and experience and may see cases differently. However, once you hire an attorney to represent you, ethical considerations preclude another attorney from giving you an opinion on matters in your lawsuit.

Contact us for a complimentary consultation

The law office of Frank M. Wilson, proudly serves Montgomery, Bullock and Macon counties in Alabama