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BLACKWELL-LAW-FIRM-ALABAMA-WORKPLACE-SAFETY-LAWYERS-300x300The Occupational Safety and Health Administration (OSHA) recently announced the Top 10 most frequently cited workplace safety violations for 2019. What were they?

  1. Fall Protection – General Requirements
  2. Hazard Communication
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During these difficult times, Blackwell Law Firm remains committed to providing excellent legal service for our clients, neighbors and Alabama communities. We are closely following public health developments related to COVID-19. We are monitoring information provided by the Centers for Disease Control (CDC) as well as the State of Alabama. At the law firm, we have implemented safety precautions to keep our clients and staff safe. This means temporarily adjusting the way we meet and work. We are optimistic that the collective implementation of these guidelines throughout our community will allow a return to normal shortly.

Our law firm is open and operational. We continue to work on our current cases. We are also available to answer legal questions from our neighbors throughout Alabama. And, we are available to work with new clients in personal injury claims.

While we prefer face-to-face contact, we understand the need to keep our community safe and to combat this novel coronavirus. We understand the need to limit temporarily in-person contact and meetings. Together, we must all take the shared duty for our community’s health and safety seriously. We have implemented procedures to protect our staff and clients.

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Huntsville Brain Injury LawyersA traumatic brain injury (TBI) can devastate an entire family. I’ve met many families struggling to understand and help their loved one function after such an injury. For some families, TBI changes can be tremendous. Several years ago, I read the story of a wife caring for her husband who suffered a life-altering TBI as a soldier in Iraq. That wife described the many changes in her husband and their relationship. She called it, their “new normal.” A family forever changed.

I’ve heard similar stories from relatives of my clients injured in industrial accidents and car crashes. Whether a life-changing TBI occurs on the battlefield, a construction site or a highway, entire families often suffer permanent changes.

TBI victims often suffer in silence to the outside world. The injured person struggles with their changed reality. So do their close loved ones. Many close relatives impacted by a loved one with a TBI will agree — Unless you live with someone who has a traumatic brain injury, it’s difficult to understand the impact of it.

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https://www.alabamainjurylawyer-blog.com/wp-content/uploads/sites/122/2020/03/Happy-St.-Patricks-Day-300x300.pngResearch reveals early treatment for traumatic brain injury is an important factor in patient recovery. I’ve represented many individuals suffering from traumatic brain injury (TBI) over the years. In helping these clients, I’ve long encouraged their families to help in the process of recovery. Family members can advocate for their loved ones with medical professionals and also participate in recovery within the home.

Unfortunately, our medical and legal systems often delay or prevent TBI victims from quickly obtaining the rehabilitation needed for their recovery. What issues can delay or prevent needed rehabilitation? How can a victim’s family and legal counsel help with these issues? Here are three issues which often prevent personal injury victims from obtaining needed TBI care quickly:

  1. Personal DenialBefore an injury, the patient served many important roles — valued employee, devoted parent, loyal spouse. Suddenly, the patient is suffering symptoms of a brain injury that impact all these important roles. Many times, the patient does not even realize or fully understand what is happening. If the patient does understand, he or she may be embarrassed or depressed due to their problems. For many reasons, patients deny TBI injuries issues. Many TBI victims suffer in silence. Family involvement is so important.
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Blackwell Law Firm -- Alabama Accident & Injury LawyersThe month of March is recognized as a time to promote awareness of brain injuries. Why do we focus on brain injuries?

Traumatic brain injury (TBI) cases are different than other injuries. TBI victims often go undiagnosed and untreated. Emergency rooms are good at saving lives. However, they often ignore the signs and symptoms of a mild TBI. Later physicians may lack the experience or training to diagnose or treat a mild TBI. TBI victims are left to suffer in silence.

Many TBI victims also look “normal.” No scars. No casts. No assistive devices like wheelchairs. When you couple the often “normal” appearance with the lack of diagnosis, many of these patients are doubted or questioned about their symptoms. Yet, almost one-third of patients with a mild-TBI suffer long-term problems working and living.

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Alabama Work Comp ClaimsSurveillance. Hurt at work? Have an Alabama work comp claim? You should expect surveillance. What should you know about workers’ compensation claims and surveillance? Here are a few thoughts.

A Few Ways Surveillance Can Be Used Against You

  1. To Show You Are NOT Disabled. Most injured people have good days and bad days. If you’ve ever hurt your back, you know what I mean. Some days you feel practically bedridden. Other days, you feel better. An investigator may conduct days or weeks of surveillance on you. Yet, it will never be seen. Only a few moments will be on video – the few moments when you were at your best. This is all the insurance carrier needs to create doubt at trial. My advice:  Be honest from the start about your condition. If you have good and bad days, tell the truth. And, avoid activities that worsen your pain.
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Alabama Accident & Injury LawyersWhat Is A Personal Injury Demand Letter?

The days and months after a car accident can be difficult for someone with serious injuries. You are hurting. You are dealing with doctor appointments and medical bills. Maybe you hire an attorney to help with your claim.

If you hire an attorney to deal with the insurance company, you may not be familiar with the behind the scenes process. However, the personal injury demand letter is an important part of the process. Trust me, the quality of those letters (and often the amount of your later settlement) can vary tremendously between lawyers.

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Blackwell Law Firm -- Alabama Personal Injury LawyersWhat is a panel of four? How can it impact your Alabama work comp case? Why am I discussing the issue now? Medical treatment is an important issue to injured Alabama workers. We answer questions for callers on this issue almost every day at our office. Since the Alabama Court of Civil Appeals recently discussed the issue, I thought it was a good time for me to do so as well.

When you suffer a serious work-related accident, a lot of worries come to mind. Will I receive good medical care? Will I heal and recover? Will I be able to continue working? Our work comp system was created to provide medical and disability benefits. If you suffer a work-related accident, you are entitled to medical treatment. Your employer (through its insurer) is obligated to provide treatment. It should be simple. But, too often it’s not. Too often, employers and their insurance companies delay, deny, or just ignore medical care. When they do, you suffer.

WHO PICKS THE FIRST DOCTOR?

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Several months ago, I wrote a post discussing fire ant attacks in Alabama nursing facilities. Nursing homes and assisted living facilities should be safe places for our elderly. Yet, over the last decade, fire ants have injured and killed elderly residents in numerous facilities across the southeastern United States.

Recently, three nursing home employees in Alabama were criminally convicted for elder abuse following a vicious fire ant attack on an elderly patient. That attack made the news but so many others go unreported.

A few years ago, we worked on a case involving a vicious fire ant attack at an assisted living facility in Huntsville, Alabama. The injuries were devastating to a sweet elderly patient and her family.

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Accident & Injury Lawyers at Blackwell Law FirmSlip and fall injury? Many lawyers cringe at the phrase. Why? The answer is simple — These are among the most difficult cases. Public perception and legal reality are very different when it comes to slip and fall cases. Many people think, I slipped and fell at Walmart. So, Walmart has to take care of my injuries. Most people think the property owner is simply responsible for a fall. But, that’s not the law. The reality is much different. Walmart is only responsible in certain, specific situations. Sorry (not really) to pick on you, Walmart. But, that’s the price you pay when you are the biggest retail store.

Slip and fall cases are very difficult. The rights and responsibilities vary depending on the reasons why you are present on the property. That’s a discussion for another post. And, these cases are won or lost on specific, detailed facts.

One of the biggest defenses to slip and fall cases — The Open And Obvious Defense. What is this defense? If the danger should have been observed by the injured person, it is considered open and obvious. The question is whether a reasonable person would have noticed the danger. That’s a tough issue in many slip and fall cases. Again, the specific facts are key!