Articles Posted in Personal Injury

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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!

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Th-Intrepid-Adventure-200x300Who really wants to spend their time in a lawyer or doctor office? Most people would prefer to be almost anywhere else. I understand. Other than routine physical exams, we see a lawyer or doctor only when we have a potential problem. For some of us, it has to be a pretty bad problem.

Most of us have seen a doctor at some point in our lives. So, we are familiar with the basics of medical appointments. When it comes to lawyers, it’s a very different story. Maybe you’ve never needed a lawyer. Many people live their entire lives without needing a lawyer. That’s a good thing.

Suddenly, you are hurt in an accident and not sure what to do. You may have many questions and many concerns. How do I handle my medical bills? Who can I call for help? Will I heal? Unfortunately, a lot of billboard and television advertising lawyers feed on uncertainty and fear. They offer a smile with promises that they can make the process easy.

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Huntsville Car Accident Lawyers (Blackwell Law Firm)It’s Christmas season! This weekend, my teenage daughter and I went Christmas shopping. That’s an experience on so many levels. For one, she wanted to drive. She has a Learners’ Permit and is eager to use it. But, the weekend before Christmas is not the best time for a new driver in Huntsville. So, I drove. To curb her disappointment, I promised to take her driving after Christmas when traffic returns to normal.

I’ve written previously about holiday traffic. In a prior post, I asked and answered the question:  Do Car Accidents Increase During The Holiday Season?   A study by the University of Alabama reveals they do. Why? Christmas season brings a special mix of several traffic dangers all at the same time:

  1. Increased Traffic.
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Huntsville Car And Truck Accident AttorneysYou suffered a car accident. In the hours and days after the accident, you start hurting badly. You need medical care. The whole process can be challenging and frustrating. When you are seriously hurt in a car crash, you suddenly have many issues. Scheduling appointments. Missing work. Transportation. Waiting for doctors. These may all be worries. Then, you start receiving bills. Lots of bills. Confusing bills. Bills can be an overwhelming worry.

If you have health insurance, you are very fortunate. You should definitely use your health insurance to pay your medical bills.

Why Should I Use My Health Insurance? Someone Else Caused The Crash.

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Alabama Personal Injury LawyersWhy Did I Start A Personal Injury Legal Blog?

Ten years seems like a long time. At my old firm, we were debating our forward path. At least, I was debating it. My former partners did not want to consider the future. I wanted all of us to take active roles in our local and legal communities. I wanted to build a law firm based upon teaching, writing and advocating in our practice area. They were happy with the standard yellow page advertisement. As of 2019, they still advertise in the yellow pages!

I began talking with the people at LexBlog about starting an Alabama personal injury law blog. An outlet for discussing legal issues seemed like a great idea. These discussions led to my first legal blog, Alabama Litigation Review. In the beginning, I wrote sporadically. I waited for inspiration. The wait for inspiration can be a long one! I wrote only when both time and inspiration presented themselves together. I learned that is a big mistake. As Malcolm Gladwell said:

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Blackwell Law Firm -- Helping Alabama Car Accident VictimsFor most of us, cars are an essential part of life. Each morning, we ride to work, to school, or to other activities. We spend much of our lives inside a car on the road.

Most people will live their entire lives without a serious injury. What happens if you do suffer a personal injury? In prior articles, I’ve discussed numerous personal injury topics. If you have questions about medical treatment, insurance, accident claims or the legal process, hopefully you can find some good information on my blog.

Today, I want to discuss a few mistakes you can make right after a serious accident. Every week, I talk to car crash victims where one of these mistakes is a problem issue. Here are seven big mistakes Alabama accident victims often make:

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Blackwell Law Firm - Huntsville Personal Injury LawyersAlabama remains a car-focused state. Historically, we have been a rural state with few areas where both cars and pedestrians are present. Naturally, most pedestrian injuries occur in the downtown areas of our largest cities or near our college campuses. I have read the research on pedestrian accidents and have prepared several serious pedestrian death cases for trial. I’ve also seen the many lawyer advertisements that beg for calls but provide no substance on these difficult cases. So, here are a few brief observations of mine related to Alabama pedestrian accidents.

Pedestrian Injuries Are Increasing

In a recent tweet, the Insurance Institute for Highway Safety (IIHS) noted that over the last 10 years pedestrian deaths have increased 69% across the United States. The data shows increases in both pedestrian and bicyclist deaths. In its 2017 Alabama Statewide Bicycle and Pedestrian Plan, the Alabama Department of Transportation (ALDOT) recognized the rise in serious accidents:

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Blackwell Law Firm helps injured workers across Alabama.I read a disturbing article in the Insurance Journal last week. The title says it all:

$2B Orlando Highway Construction Project Halted After 5th Worker Death

Five separate workplace deaths on one project! One fatal work-related accident is INEXCUSABLE. Five? It’s hard to comprehend. How could one site be so deadly? How could the contractor allow this to happen? Worker deaths from safety issues are ALWAYS inexcusable.

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Copy-of-Add-a-little-bit-o-text-3-300x300Assisted living facility? Decisions concerning elderly relatives can be some of the most difficult for families. When the time comes to consider driving, safety or living independently, it is traumatic. We want to honor our relatives and make the best decisions. Our elders are a true treasure. I’m reminded of the verse that says “Gray hair is a crown of glory.” (Proverbs 16:31).

How should we treat our elders? In a recent talk, Pope Francis said, “where there is no honor to the elderly, there is no future for the young.” That is very true.

Earlier this week I read of a recent incident where fire ants attacked an elderly Air Force veteran in a VA assisted living facility. A single fire ant attack in an assisted living facility, is unacceptable. Yet, here, we are not talking about a single attack but rather repeated attacks over the course of two days. Is this an isolated event in a single facility? No. Fire ants present a horrible danger that too many facilities ignore.