Articles Posted in Personal Injury

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Blackwell Law Firm -- Help For The Injured
Distracted driving is a major cause of needless highway injuries and deaths. Months ago, I wrote that parents must lead by example in order to reduce the rate of teenage distracted driving. My prior post is Distracted Driving: Parents Must Lead By Example. In that earlier post, I wrote:

Our public safety officials have worked hard to educate young drivers on this issue. However, education of our young drivers is much less effective if we don’t lead by example. It is difficult in a busy world to not be distracted while driving. Yet, we must work hard to practice safe habits that our children will see and absorb.

A new survey reveals parents may be a large part of the problem. According to the new survey, “parents are the most distracted drivers on our roads.” Ford Motor Company surveyed drivers in New Zealand and Australia. According to the results:

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Personal Injury - Blackwell Law Firm
We trust our doctors. We should. Most doctors are dedicated to helping people. In Huntsville, we are fortunate to have excellent medical professionals.

This post is not about those dedicated doctors (the vast majority) who treat and help their patients. This post is about the rare (but extremely harmful) doctor who earns his/her living not by treating patients — but by selling biased and false opinions for insurance companies in an effort to mislead courts and juries. These paid insurance experts are usually not local. And, they usually don’t provide treatment to real patients. Every profession has a few bad apples. When it comes to these “paid biased experts,” their impact harms the entire justice system.

I’ve cross-examined these biased, paid experts for many years. A recent news article in Nevada highlighted a doctor in that state who was banned from testifying by two local judges. In banning this paid expert, the Nevada judges issued a blistering opinion. The judges found the paid expert gave opinions based “heavily on speculation and other irrelevant factors.” They also found the insurance expert had a “history of personal bias as to some treating physicians and extreme bias” against plaintiffs.

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In a recent video advertisement a local Huntsville attorney claimed that your specific legal problem did not matter. He had the attorney for you. That attorney repeated his claim over and over, inserting very different legal needs each time. “It Doesn’t Matter (INSERT LEGAL PROBLEM), We Have Your Lawyer.” It’s a ridiculous ad. It’s an ad fishing for attorney fees.

Think about your legal need. Complicated Elder Law Issue? If you need advice in that area, you better consult an attorney with practical experience in tax issues, with knowledge of Medicare matters, and with a working background in Trusts and Estates. I would. Personally, I would never go to a lawyer that said his firm could service any and all legal problems. I’ve seen too many horror stories in my decades of practicing law where families were torn apart because their loved one had an Estate document prepared by a lawyer who did not fully understand all the issues. Serious Personal Injury? While any lawyer can try and settle a case, not all lawyers can really settle or complete a case for its maximum value. You should trust a serious personal injury case to a serious lawyer with years of experience studying injury law issues, handling damages claims at actual trials, dealing with complex experts, and preparing injury claims for trial and appeal. The level of attorney expertise can make a big difference in the final result. And, in contested cases it can make a difference between winning and losing. I have received too many phone calls over the years from people who had their personal injury claims ruined by a billboard lawyer who lacked the skill, courage or desire to prepare a serious case. Immigration Matter? The issue is too important for anyone but a specialist. Real Estate Transaction? An error preparing complicated transactional documents could cost you and your family greatly.

The local attorney who says your claim does not matter because he has an attorney for it, really does want your case. He wants all your cases badly enough to claim specialties across the board. Until recently, his firm website advertised for wrongful death claims but did not accurately or fully discuss the unique nature of Alabama law on this issue. And, his website contains an actual disclaimer for personal injury claims — a disclaimer that reveals his firm needs to associate a trial lawyer on these cases.

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Workers Compensation - Blackwell Law Firm
Who enjoys doctor’s visits? Almost nobody. Most people view doctor’s appointments as times of stress, anxiety and confusion. Yet, these appointments are essential to your health and healing following a personal injury.

You need to make the most of your doctor visits. Appointments can be hard to schedule. And, you may only get a few minutes with the doctor before his/her next appointment. So, here are six tips to help with your doctor visits.

1. Be Friendly. I know — this is obvious. It “goes without saying.” But, sometimes being friendly is not easy. If you are hurt on the job in Alabama and getting workers’ compensation, then your employer (or its insurance carrier) picks the doctor. Often, these insurance carriers schedule and cancel your appointments with very little concern for you. That process can be extremely frustrating. In other personal injury cases, like car accidents, you get to pick your doctor. Yet, scheduling and waiting for appointments can still be frustrating. How many people can still easily smile after sitting a couple hours in a patient waiting room? How many people can still smile after repeating their story to, yet, another person in another medical office. Any number of issues and inconveniences can sour your mood before you ever see the actual doctor. Don’t let outside issues cause you to be unfriendly or confrontational with the doctor. Trust me — It will not help your treatment or your case.

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photo by U.S. Air Force
Is the ban on texting and driving in Alabama effective? In a recent post, I discussed two shortcomings with Alabama’s current distracted driving law.

  • Our current law is limited in application. Our current law applies to portable devices removable from the car. And, it applies simply to texting or typing activities. As I discussed in my prior post, the use of electronic devices has expanded far beyond simple texting or typing activities. In our practice, we’ve seen accidents caused by drivers actually surfing the internet while driving. We even had one client hurt by a driver who was watching a movie on a portable device while operating a car. Our law should be written to encompass unreasonably dangerous distractions beyond the simple act of texting. I understand – we cannot anticipate every bad act. But, we can keep the law up to date with advances in how people use portable devices.
  • Our current law contains minimal penalties. What is the first-time offender penalty for a texting and driving citation? It’s $25. The penalty for texting and driving in Alabama provides almost no deterrent to drivers.
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photo by Montgomery County Planning Commission
The Problem Of Distracted Driving

Distracted drivers cause many deadly car accidents on Alabama highways. Despite efforts to educate the public (and especially young drivers), accident statistics continue to show a growing problem. The Property Casualty Insurers Association of America (PCI) reported:

a 14 percent increase in traffic fatalities over the past two years — the largest two year increase in more than 50 years.

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Blackwell Law Firm
You were hurt on the job. You received workers’ compensation benefits. But, a third-party (someone outside your work) caused the accident. You want to pursue a personal injury claim against that third-party.

The workers’ compensation carrier has a lien against your personal injury case. Under Alabama law, your employer (and its insurance carrier) have certain rights to get their money back if you win your personal injury case. At our firm, we routinely represent clients in both workers’ compensation and other personal injury cases. We understand how these areas of the law interact.

What happens when your employer or its insurance carrier file a lien against the third-party negligence case? The issues can be complicated. How you (or your lawyer) handle these issues can tremendously impact your bottom line. I could discuss these issues in significant detail. But, here are four quick tips to consider when handling this type of case:

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INVOKANA USE MAY LEAD TO FOOT AND LEG AMPUTATIONS

On May 16, the Food and Drug Administration (FDA) issued a new warning about the diabetes drug Invokana. Now, the FDA “has concluded” based on tests that the drug presents an increased risk of foot and leg amputations. Specifically, the FDA safety alert says:

Based on new data from two large clinical trials, the FDA has concluded that the type 2 diabetes medicine canagliflozin (Invokana, Invokamet, Invokamet XR) causes an increased risk of leg and foot amputations. FDA is requiring new warnings, including the most prominent Boxed Warning, to be added to the canagliflozin drug labels to describe this risk.

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Motorcycle Injury -- Blackwell Law Firm
A Huntsville lawyer recently reposted to LinkedIn an article by someone else titled 10 Common Motorcycle Accidents And How To Avoid Them. The attorney’s LinkedIn post simply contained the article with no additional insight.

The article is interesting. Yet, how many motorcycle riders are going to consult a network of business professionals like LinkedIn before going on a ride? Not many (if any). If people are looking for tips on how to operate their bikes on the highway, they may consult a motorcycle professional or motorcycle publication. If the person consults LinkedIn’s business network it is probably after an accident — for professional advice on handling the injury claims process.

At the Blackwell Law Firm, we have handled many motorcycle accident injury claims. Our law firm has a perspective that separates us from many other lawyers who advertise for personal injury claims. Our unique perspective helps us build these cases. What is our perspective that many other attorneys lack? We have real experience in the actual trial of motorcycle wreck cases. That gives us a unique perspective in a time when most lawyers who claim to handle personal injury work rarely, if ever, go to court for their clients. We have tried a number of these cases over the years (including this year) and have some thoughts based on our experience.

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Blackwell Law Firm
As a trial lawyer, my job involves advocating for injured clients. Much of that advocacy revolves around the written word. So, I ask — Who writes for your lawyer?

Maybe the better question should be — Why hire a lawyer who cannot (or does not) write his own blog posts, his own marketing materials or even his own legal briefs? Yes, I do know several lawyers who claim to be personal injury attorneys but cannot even write their own briefs or motions. Are you just hiring a marketer who wants to sign up cases for other lawyers to work? Are you just hiring a marketer who wants cases he or she can quickly negotiate for a small settlement? If you are just hiring a marketer, skip that lawyer. Go directly to an attorney who can fully advocate for you. It can make a huge difference in your ultimate settlement.

As I’ve stated in the past, any lawyer can advertise on a billboard, television or radio. In Huntsville, we have one group of lawyers who previously handled DUI cases. Suddenly, these lawyers decided to post billboards seeking personal injury cases, immigration matters and elder law issues. Wow! Their website tells the truth in the fine print disclaimer — they are signing the personal injury cases to refer them elsewhere for part of the fee. That’s shameful. I believe it is also unethical. Clients deserve better – They deserve lawyers who really know and really practice their specialty. For over two decades, I’ve heard the stories of people genuinely hurt in car accidents and work-related injuries. These injured people need a specialist.