Stokes Stemle, LLC

How Are Wrongful Death Settlements Paid Out?

2020-07-30T14:55:06.804000Z

The loss of a loved one is devastating for surviving family members. Sometimes, the suffering and grief can prevent them from taking action against the individual or party responsible for their loved one’s death.

In these situations, it is best to contact an experienced wrongful death attorney to help you get the answers, compensation, and justice that you and your family deserve.

There are specific laws that govern how wrongful death actions can be made, and how settlements will be paid out. Read more below to learn about your rights if you need to file a wrongful death claim in Alabama.

Who Receives Payment in a Wrongful Death Settlement?

In Alabama, the surviving family members are not entitled to pursue a wrongful death claim individually. Instead, a personal representative of the estate initiates a claim.

If the deceased person left a will, he or she may have designated a relative or trusted friend to serve as the personal representative of the estate. If the individual died without a will, a family member such as a spouse or adult son or daughter may petition the Alabama probate court to be appointed as personal representative of the estate.

The personal representative initiates the wrongful death claim, but this doesn’t necessarily mean that he or she will receive the settlement money. Any settlement will be distributed according to the deceased’s will. Any monetary damages awarded in a wrongful death suit will be added to the deceased’s estate. At that point, it will be distributed along with the rest of the deceased’s estate.

What Can You Do If You Disagree with the Settlement?

If the other side refuses to offer a settlement that you and your loved ones agree with, your attorney may recommend filing a lawsuit and taking your case to court.

For some families, going to trial is risky because there is no guarantee that they will recover the damages they’re seeking. Predicting the outcome of a trial can be challenging, but it might ultimately be the right decision if the insurance company refuses to make a fair settlement offer.

Are Wrongful Death Settlements Taxable?

In most cases, wrongful death settlements are not subject to income tax or estate tax. However, it is critical to consult a wrongful death attorney to discuss how tax law could apply to your particular situation. Depending on the specifics of the settlement and your tax situation, it is possible that some tax liability could apply. Your attorney can work to structure a settlement in a way that would minimize any potential tax implications.

Contact a Wrongful Death Lawyer for a Free Consultation

At Stokes Stemle, we understand how devastating it is to lose a loved one due to someone else’s negligence. For many, the added stress of trying to navigate a lawsuit while they grieve feels impossible. Your lawyer will shoulder the legal burden of your case while you take care of yourself and your family’s needs during this difficult time.

Our previous clients will tell you that when you hire us, we’ll put your needs first. Our compassionate and knowledgeable Alabama wrongful death attorneys are ready to sit down with you to discuss your situation and your legal options. Call us at (334) 234-3008, chat with us live, or fill out a contact form on our site.

The post How Are Wrongful Death Settlements Paid Out? appeared first on .

via https://stokesstemle.com/blog/wrongful-death-settlements/

The Reality of Fatigued Truck Drivers

2020-06-05T16:55:27.346000Z

Truck driver fatigue is a major contributor to truck accidents, which are incredibly dangerous. Federal regulations allow truck drivers to drive up to 11 hours at a time with breaks. However, studies have indicated that many truck drivers regularly violate these regulations and work longer than allowed.

Driving while fatigued is a safety hazard, and, unfortunately, many truck drivers are not getting enough rest. Drowsy truck drivers have slower reaction times – comparable to that of driving drunk. Sleep deprivation has been found to impact reaction time as much as alcohol.

How Many Truck Accidents Happen Each Year Due to Fatigue or Drowsiness?

The Large Truck Crash Causation Study (LTCCS) from Federal Motor Carrier Safety Administration (FMCSA) reported that 13% of commercial motor vehicle drivers were considered to have been fatigued at the time of their crash.

In the study “Long Hours and Fatigue: A Survey of Tractor-Trailer Drivers,” published in the Journal of Public Health Policy, researchers conducted interviews with 1,249 commercial truck drivers at truck stops and inspection stations in four different states. They found that 19% of the truck drivers reported having fallen asleep at the wheel one or more times during the prior month. Two-thirds said they had under-reported their actual hours of work in their logbook during the previous year.

The National Highway Traffic Safety Administration (NHTSA) found that drowsy driving was responsible for close to 91,000 car accidents in a single recent year. Those crashes left approximately 50,000 people injured and 800 dead. NHTSA says these statistics likely underestimate the effects of drowsy driving.

According to a study published in the New England Journal of Medicine, truck drivers get less sleep than what is required for alertness while driving. The study found they averaged only 5.18 hours in bed per day and 4.78 hours of actual sleep per day. For most people, the ideal amount of sleep is around 7 hours per day.

Laws About Drowsy Driving or Driving While Sick

Alabama enacted a resolution that designates Nov. 19 each year as Drowsy Driver Awareness Day.

While Alabama does not have laws specific to driving while drowsy or sick, driving while under the influence of alcohol is against the law, and driving while sleepy can be very similar to driving while intoxicated. For instance, remaining awake for 18 hours has a similar effect on driving as having a blood alcohol content (BAC) of 0.05 percent. Being awake for 24 hours straight is equivalent to a BAC of 0.10.

Drunk driving is having a BAC at or above 0.08, or 0.04 when operating a commercial vehicle. For those under the age of 21, the limit is only 0.02.

What Truckers Can Do to Help Prevent Drowsy Driving Truck Accidents

There are several ways to combat the effects of sleep deprivation.

Here are some steps truckers can take to help prevent drowsy driving accidents:

Get plenty of sleep. Studies show that about seven hours of sleep per night is optimal for most people.

Time management is critical. Don’t put yourself in a situation where you need to drive a truck for extra hours to get back on schedule.

Schedule regular stops. Take a short break from driving about every 100 miles.

Taking naps can help alleviate drowsiness.

Caffeine can be a quick fix. Drinking coffee or an energy drink can boost your short-term alertness.

Eating before and during your trip can give you energy and increase alertness.

See a doctor if you are having trouble sleeping or if you have any symptoms of sleep disorders, such as narcolepsy and sleep apnea.

Resources for Drivers with Sleep Disorders

The following are helpful resources for truck drivers with sleep disorders:

National Sleep Foundation

American Sleep Association

Sleep Education (American Academy of Sleep Medicine)

National Healthy Sleep Awareness Project (American Academy of Sleep Medicine)

American Sleep Apnea Association

Narcolepsy Network

Restless Legs Syndrome Foundation

Circadian Sleep Disorders Network

Contact an Alabama Truck Accident Lawyer

Truck accidents caused by fatigue are often catastrophic, resulting in severe, life-altering injuries. The skilled and compassionate Alabama truck accident lawyers at Stokes Stemle, LLC understand what you are dealing with.

We are standing by 24/7, ready to fight for the maximum compensation you deserve.

We have offices in Montgomery, Auburn, and Dothan, and serve the entire River Region. Call us now to schedule a free and confidential consultation.

The post The Reality of Fatigued Truck Drivers appeared first on .

via https://stokesstemle.com/blog/fatigued-truck-drivers/

Personal Injury Case Checklist

2020-05-26T20:56:23.569000Z

If you have been injured in an accident that was someone else’s fault, you may be eligible to pursue a personal injury claim against whoever was responsible for your injuries and related losses. Here are some things to keep in mind as you begin to organize your personal injury case.

Do You Even Have a Personal Injury Claim?

You may have a personal injury claim if you suffered an injury due to the negligent, reckless, or intentional acts of another person or entity. In certain cases, another party may have a legal responsibility to you in a personal injury case regardless of their intent or recklessness. You can see some of the types of personal injury cases we take, here.

To read more about personal injury claims, visit the American Bar Association website.

Putting the Incident on Paper

It can be very helpful to write out a statement describing your memories of the accident or event that caused your injuries as soon as possible after the accident.

Your memories of your accident or incident will fade over time. If you try to describe what happened much later, it can leave an opening for the other side to challenge your recollection. However, having a contemporaneous account of your accident or incident that caused your injuries can be much stronger evidence and can allow you to refresh your memory later on.

In addition, following the accident you should keep a journal of your injuries and the effect they have on your life, including;

the kinds of pain you experience

how your injuries impact your ability to work

participate in activities, or perform daily tasks

This documentation can later help you to assert a claim for damages for pain and suffering and loss of quality of life.

Gathering Evidence

Moreover, you should also start collecting documentary and physical evidence related to your personal injury, or accident.

Physical Evidence

If you still have the clothing worn during the incident, keep it (or at least take pictures of it)

Any damaged items associated with the incident

Medical Records & Reports, W2s, and Statements

In your personal injury claim, you may be entitled to compensation for your economic damages, such as costs of medical treatment and lost wages for time missed from work during your recovery. Be sure to keep copies of your medical records, which will document your injuries and the course of your treatment. They may also layout your prognosis and future treatment requirements.

You should keep copies of your W2s or income statements to calculate your lost wages, or your lost earning potential if you cannot return to work.

Any statements you receive from your insurance or the other party’s insurance are vital.

You should also have copies of the official police report and any witness or victim statements associated with your personal injury.

Audio Recordings of 911 Calls, Calls to Employers, Calls to Doctors

Recordings of 911 calls, calls to your employer, and calls to medical providers can also serve as important contemporary evidence of what happened in your accident or incident and of the injuries you suffered.

What an Attorney Does for You While Preparing Your Personal Injury Case

When you hire an attorney to represent you in your personal injury case, they will get to work on several tasks to prepare your claim:

Investigating your claim, including recovering evidence, identifying responsible parties, and determining sources of financial compensation available to you

Contacting and interviewing witnesses

Working with experts to develop your legal case

Helping you to obtain medical treatment for your injuries

Negotiating with responsible parties and insurance companies for a fair and full settlement

Filing your case in court, if necessary

If you have suffered an injury due to someone else’s wrongdoing, contact the Alabama personal injury attorneys at Stokes Stemle, LLC today to schedule a free case evaluation. We are ready to discuss your legal rights and how our firm can help you prepare and organize your personal injury case.

The post Personal Injury Case Checklist appeared first on .

via https://stokesstemle.com/blog/personal-injury-case-checklist/

Stokes Stemle, LLC Launches New Personal Injury Website

2020-04-07T15:56:05.280000Z

Stokes Stemle, LLC, an Alabama personal injury firm, has launched a new, updated website to better serve people who have been harmed by negligent individuals and companies.

With this new website, it’s easier than ever for people in Alabama to find the information they need when they’ve been injured in an accident that was someone else’s fault. Users can find detailed information about Stokes Stemle, LLC’s attorneys and the types of cases we handle.

Potential clients can also use this comprehensive site to learn how much their personal injury case might be worth, read testimonials from the firm’s past clients, and easily set up a free consultation with an experienced personal injury lawyer.

A Little History of Our Personal Injury Law Firm

At Stokes Stemle, LLC, we put you first. Our founding partners, Jonathan H. Stokes and Joshua Stemle are dedicated to fighting for people in Montgomery and throughout Alabama who feel powerless after they’ve been injured because of someone else’s negligence.

Jonathan and Joshua were both born in Alabama, and both graduated from Auburn University. While Joshua was at Auburn, he interned for U.S. Representative Mike Rogers and former U.S. Senator Jeff Sessions. Joshua then went on to get his law degree from Thomas Goode Jones School of Law in Montgomery. Jonathan also interned for former U.S. Senator Jeff Sessions before obtaining his law degree from Samford University’s Cumberland School of Law in Birmingham.

Before launching Stokes Stemle, LLC, our team worked at large firms, where we handled cases such as significant class-action settlements and complex defense arguments for Fortune 500 companies. After gaining this valuable experience at well-established firms, we knew that we wanted to move into an area where we could better serve individual victims instead of large corporations.

As natives of Alabama, Jonathan, and Joshua, established the practice to help give people in Montgomery, Dothan, Auburn, and across the River Region and Wiregrass area the personalized attention they deserve after accidents. We built our practice out of a desire to help individuals get on the road to recovery.

At our firm, we take pride in focusing exclusively on personal injury cases, and we’ll do everything we can to help clients seek the justice and compensation they deserve. We stand out because we genuinely care, and we give clients direct access to our experienced legal team.

Jonathan and Joshua go out of their way to help clients. We not only handle the complex details of each client’s legal case, but we also help them find important resources, such as doctors and treatment facilities. Our team also does everything we can to make sure we’re available for clients whenever they need us.

As demonstrated by our five-star reviews and glowing testimonials from past clients, the knowledgeable and compassionate attorneys at our firm go above and beyond to help personal injury victims.

What Kind of Personal Injury Cases We Handle

At Stokes Stemle, LLC, we have the skills and resources to take on insurance giants, tackle even the toughest cases, and help individuals pursue maximum compensation for their injuries. Some of the types of cases we handle include:

Car accidents. Our dedicated legal team can handle all aspects of your car accident claim, from gathering evidence to fighting for you in court, if needed, so you can focus on recovering from your injuries.

Slip-and-fall accidents. These claims are common but incredibly complex. We can help you build the strong case you need to fight for your rights after you’re injured in a slip-and-fall accident.

Wrongful death. If a family member is killed because of someone else’s negligence, no amount of money can bring them back. However, our compassionate legal team can help fight for the compensation you need to help cover some of the damages caused by this traumatic event.

Truck accidents. Even though these accidents often cause some of the most life-threatening injuries, it can seem impossible to get fair compensation after a truck accident. Several different parties might be liable in a truck accident, and oftentimes, each will try to pass the blame. Our attorneys can help determine who was responsible for the trucking accident and fight for the compensation you’re owed.

Sexual abuse. We’re here to help victims of sexual abuse and assault file civil cases against their perpetrators. Through these claims, victims often recover compensation for some of the damages they’ve suffered, such as emotional and psychological harm.

Spinal cord and traumatic brain injury. These life-altering injuries can permanently change the life of not only an accident victim, but also their families and everyone around them. Our experienced legal team can fight to seek the compensation you deserve to cover the life-long complications of these injuries.

Motorcycle accidents. Motorcyclists often suffer severe injuries in road accidents because they are much more vulnerable than other vehicles on the road. However, it’s typically challenging for these victims to get fair compensation after accidents because of bias against motorcycle riders. Stokes Stemle, LLC is here to stand up for motorcycle accident victims and help them fight for the compensation they’re owed.

How to Get in Touch with Us

At Stokes Stemle, LLC, our experienced legal team is available 24/7 to serve clients and help them get on the road to recovery. To set up a free initial consultation, call us today or contact us online.

We proudly serve personal injury victims across the River Region, with offices conveniently located in Auburn, Dothan, and Montgomery. Contact the office closest to you at:

Auburn office

927 Lakeview Drive

Auburn, AL 36830

Tel: (334) 316-4123

Dothan office

810 Hedstrom Drive

Suite 1

Dothan, AL 36301

Tel: (334) 316-4123

Montgomery office

445 Dexter Avenue

Suite 4050

Montgomery, AL 36104

Tel: (334) 316-4123

For additional information about Stokes Stemle, LLC, or to set up a free consultation with our personal injury legal team, you can also reach us through social media at:

Facebook

YouTube

Instagram

The post Stokes Stemle, LLC Launches New Personal Injury Website appeared first on .

via https://stokesstemle.com/blog/site-launch/

What Happens If a Police Officer Causes a Car Accident

2020-04-06T15:56:13.879000Z

Car accidents frequently occur on the roads of Montgomery. Unfortunately, these accidents sometimes involve a law enforcement vehicle or a vehicle driven by an on-duty police officer. Making a legal claim for compensation for a car accident is tough enough. When a police officer causes a car accident, it can make your legal claim considerably more complex.

When you are injured in an accident involving a police car, it’s important to seek prompt treatment for injuries and then understand your legal rights and options for seeking compensation for your injuries and damages.

Who Is Liable for an Accident Involving a Police Car?

Typically, when a driver violates traffic laws or drives in a careless or reckless manner, such as by speeding, running red lights or stop signs, that driver can be found negligent and held responsible for damages and injuries arising from an accident.

However, emergency vehicles such as police cars are exempted from traffic laws when they are responding to emergency calls and using the vehicle’s lights and sirens. Thus, a police officer may not be held negligent for an accident if he or she was operating an authorized emergency vehicle in response to an emergency situation and reasonably using lights and sirens.

When you’ve been hit by a police car, you may wonder who you can hold responsible for your injuries and other damages. The answer is it depends on the specific facts of the accident. Unlike a typical car accident in which you would hold the at-fault driver liable for your damages, liability for a motor vehicle accident caused by a police car is more complicated.

For example, when pursuing legal action against a state and local law enforcement agency in Alabama, you will have to deal with the issue of sovereign immunity. This means that police are generally immune from liability and cannot be sued for personal injuries. Some states have enacted tort claims law that allows citizens who have been injured by public agencies or personnel to file a claim for compensation.

For example, if you are injured in an accident caused by an Alabama Highway Patrolman, you generally cannot sue the state of Alabama. You may have a right to sue the highway patrolman if the officer was acting outside the scope of his job duties and caused the accident as a result. However, if the patrolman was acting within the scope of his duties, he has legal protection from liability.

A different set of rules apply if the traffic accident was caused by a police officer from a municipal police department. You can file a complaint with the city or town government.

The amount of time you have to give notice to the local government is six months. This starts a process to try to resolve your claim through a negotiated settlement. It is important to seek the help of a car accident attorney who has experience negotiating settlements with municipal agencies. They are more complicated to resolve than typical car accident claims.

What to Do after a Police-Involved Accident

If you have been in a car accident with a police officer, there are steps you should take to protect yourself and your rights in the event you later need to make a claim for compensation for injuries you suffered.

Assuming that the police officer in the accident is not badly hurt or unconscious, he or she will likely immediately radio police dispatch to send another officer to investigate the accident and send emergency medical services, if needed. Other officers who respond to the scene will generate an accident and/or incident report. You should request a copy of all publicly available accident or incident reports.

If possible, you should try to take photographs of the accident scene, including the positions of the vehicles involved in the accident, damage to the vehicles, any skid marks on the road, the road lines and traffic controls at the scene, and the lighting, weather, road, and traffic conditions at the time of the accident. If you have visible injuries, you may want to photograph those as well.

Even if you decline treatment at the scene of the accident because you don’t feel like you were hurt, you should still follow up with your medical provider. In the shock of an accident, you may not feel pain or other symptoms from injuries you suffered. However, an examination may reveal those injuries and allow your medical provider to diagnose the extent of your injuries and develop a plan of treatment.

A doctor’s report will provide evidence of your injuries, especially if the other party tries to claim that you were not as seriously hurt in the accident as you claim or that your injuries occurred after your accident

You should then make an appointment and speak to an experienced police car accident attorney about your options. Car accidents involving police vehicles are more complicated than other kinds of motor vehicle accidents. It can be very difficult to hold police departments accountable when officers cause car accidents, so you need aggressive representation on your side to give you the best chance at securing the compensation you deserve. The limited amount of time you have to notify a municipal government of a pending claim underscores the importance of talking to a lawyer as soon as possible.

Do I Need to Pay for the Damages in an Accident Involving the Police?

If you’ve been injured in an accident caused by the police, holding the police accountable to compensate you for your injuries and losses may be a complex, time-consuming task. If you have collision or comprehensive coverage under your insurance, that can pay to repair the damage to your vehicle.

If you are found to be at fault for the accident, you may be held responsible to pay for damages arising from the accident. The police department may be content to simply issue you a traffic citation for causing the accident. However, if the police department is insured, the insurer may decide to file a claim against your car insurance company for reimbursement for benefits the police department’s insurer paid out, such as repair costs for the police cruiser.

Should I Hire a Lawyer for an Accident Involving a Police Car?

Even if you believe that you have a straightforward case, when you’re involved in an accident caused by a police officer, you should still seriously consider hiring an attorney to represent you. Filing a legal claim against a police officer or police department is a complicated task. It can be easy for someone who doesn’t have experience handling claims against public entities to miss key notification deadlines or requirements and have the claim dismissed.

An experienced attorney will ensure that your claim is pursued properly. Your attorney will fight back against efforts to paint you as responsible for the accident and will work to hold the negligent officer accountable for the accident and for your injuries.

If you or a loved one has been injured in an accident involving a police car in Montgomery, you need aggressive, experienced legal representation on your side. Contact the Montgomery, AL police car accident attorneys of Stokes Stemle, LLC today to schedule a free consultation with one of our lawyers to discuss the details of your accident and to learn more about your legal options for seeking compensation for your injuries. Call us today at (334) 316-4123.

The post What Happens If a Police Officer Causes a Car Accident appeared first on .

via https://stokesstemle.com/blog/police-accident/

An Update from Stokes Stemle on COVID-19

2020-03-17T19:05:15.412000Z

Concerned About Coronavirus? You Don’t Need to Leave the House to Meet with Our Lawyers.

We all have a duty to keep ourselves, our families, our neighbors, and our communities safe right now. This means temporarily reshaping the way we live our lives to combat the novel coronavirus (COVID-19). At Stokes Stemle, we are taking this duty seriously and are practicing the “social distancing” guidelines recommended by health officials. To ensure you still have access to us, our lawyers are available to meet with you remotely so we can answer your legal questions and discuss your case.

Across the nation, people are limiting in-person contact as much as possible to help slow the spread of the virus and allow our health care system to operate within its capacity. The U.S. Centers for Disease Control and Prevention continues to provide important guidance about what we all can do to protect ourselves and others from exposure. (Visit the CDC website for the most up-to-date information and recommendations.)

During this challenging time, our attorneys remain available to talk about your legal issues over the phone or via free video conferencing services such as:

GoToMeeting

Facetime

Skype

Zoom

If you are ready to speak with a lawyer now, please contact us to schedule your free consultation. Our team can meet with you remotely and get started on your case immediately without having to talk in person.

The post An Update from Stokes Stemle on COVID-19 appeared first on .

via https://stokesstemle.com/blog/covid-19-update/

Stokes Stemle | Montgomery Car Accident Lawyers | 334.316.4123

2019-12-11T06:57:16.793000Z

Stokes Stemle is a top rated law firm with years of experience. Our attorneys have worked for nationally recognized law firms, and now leverage their legal knowledge to stand up to insurance companies and fight for the rights of injured victims here in Montgomery and the surrounding areas.

Stokes Stemle, LLC
Josh Stemle
445 Dexter Ave Suite 4050
Montgomery, AL, 36104
Phone: 334-467-3033
Email: lawfirm@stokesstemle.com
Web: https://stokesstemle.com
Map: https://g.page/StokesStemle_Personal_Injury_Law

FIND US ONLINE

Box
Diigo
DropBox
Evernote
Postach.io
Flickr
Instapaper
Nimbus
OneDrive
OneNote
Pocket
Pinterest
Quip
Toodledo
Trello
Tumblr
Twitter
Weebly
Wordpress

Blogger
Google Drive
Youtube
Facebook
LinkedIn
Instagram
GMB Search

Related Links
About.me
Behance.net
Brandyourself.com
Followus.com
Gravatar
Ello.co
Compiled.social
Sleek.Page
Contactup.io
Landr.me
Dribble.com
Medotcom.com

Local Citations
lawyers.com
martindale.com
avvo.com
nolo.com
law.cornell.edu
yelp.com
lawyers.justia.com
mapquest.com
local.yahoo.com
glassdoor.com
bizapedia.com
b2byellowpages.com
whitepages.com