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Articles Posted in Personal Injury

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Last month, I wrote a lengthy post on road rage in Alabama. We live in angry and difficult times. Some drivers allow their anger to put others at risk on our highways.

Although recent months have seen fewer cars on Alabama roads due to the coronavirus, we still see almost weekly headlines reporting a road rage incident. Just in 2020, headlines have even reported road rage related stabbings and shootings in Alabama.

While incidents with weapons grab headlines, we face a larger problem. It’s a daily problem of impatience and anger that impacts driver behavior. At its extreme, an angry driver may recklessly or intentionally harm someone. When not at its extreme, driver anger and frustration still cause reckless and risky behavior. Road rage is a problem that leads to injury on our roads.

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Huntsville Personal Injury AttorneysYou suffered a car accident. In the days and weeks following the accident, you realize your injuries are serious. If you are like many of our clients, you may even need back or neck surgery because of the injuries to your spine. Last week, the Alabama Supreme Court addressed a car accident case with those common facts. The case was Hicks v. Allstate Insurance Company.

What was the issue in that case? The injured party wanted to introduce a mortality table into evidence and then argue for damages over the course of their expected lifetime. If you suffer a permanent injury, you get one day in court. You get one chance to argue and recover compensation for a lifetime of damages. You need to present the full story of your injuries and how they will impact you in the future. Alabama publishes mortality tables listing the remaining life expectancy for both men and women based on their current age. I know, it sounds a little morbid to think that a chart says you will live a specific number of years. While we all differ, the charts are based on expectations using vital health statistics. If the jury is going to decide damages for a permanent injury, it’s helpful to know how many years are expected.

What happened at trial in that case? At trial, the injured person’s surgeon testified by video deposition. The surgeon described his surgery in detail. He described how the procedure involved implanting hardware that would remain in the injured person’s body. He described how the procedure helped the person’s pain but still resulted in a loss of mobility and movement.

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https://www.alabamainjurylawyer-blog.com/wp-content/uploads/sites/122/2020/06/Buyer-Beware-Read-The-Contract.-300x300.pngThrough the years, we have handled many Alabama personal injury claims where the client initially hired another lawyer. Many of the lawyers smiling from billboards and television will NOT work on their cases. Many of these advertising lawyers will NOT go to trial. So, it’s not unusual for people to hire a billboard lawyer and later need another attorney. Many of the dedicated trial lawyers I know will tell you the same thing — They frequently review cases mishandled by billboard lawyers.

We recently reviewed a workers’ compensation case in Athens where the injured person started with one of these advertising lawyers. She hired the lawyers. When they realized her case might require some actual courtroom work, they let her go. I guess I should more accurately say they tried to talk her into settling for peanuts then let her go when she refused. We reviewed her file. When we looked at her contingent fee contract with these billboard lawyers, we saw that it contained a $500 administrative fee. What? That’s outrageous.

Why were these billboard lawyers charging an administrative fee? The contract did not say. The truth — It was simply another way to gouge their client without giving good service. Do you really think the firm was going to incur $500 of telephone and postage costs in a local work comp case? Maybe they were trying to recoup the costs of their billboards? Regardless, they were already charging the customary contingency fee for handling these cases.

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Insurance Claims

Is The Insurance Company Pulling The Strings?

I’ve been reading Bryan Stevenson’s book Just Mercy. Recent events across our country highlight the injustices described in this book and add to the immediate urgency for a more just system. It’s especially difficult to read Just Mercy when you are familiar with many of the cities and counties where the injustices in the book occurred. It’s also especially difficult to read the book when recent events across our nation remind (everyone) that systematic injustice and racism remain current events. Changes are needed.

When I started this blog several years ago, I committed to discussing solely personal injury issues. For the most part, I’ve kept that commitment. This week, it is especially difficult to do so. But, I’m going to try.

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Untitled-design-3-300x300In recent weeks, far fewer cars traveled Alabama roads and highways. With the coronavirus, many people temporarily sheltered at home. Less traffic means less driver frustration and anger on our roads. Yet, we still face road rage incidents. Those events are likely to increase as people resume the hustle and bustle of work and life.

While reading a recent local headline, I decided to write on the topic. The headline read:

Huntsville Woman Arrested After Running Over Man With Car

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Untitled-design-3-copy-2-1-300x300Huntsville Growth Means Lots Of Road Construction

Over the last decade, the Huntsville area has seen tremendous development. The surrounding area is rapidly growing. In downtown Huntsville, multiple hotels and offices are under construction. In the medical district, Huntsville Hospital and other medical offices continue expanding. Along Highway 72, you see stores and offices stretching from Huntsville to Athens. Throughout Madison, Limestone and Morgan Counties, new neighborhoods are under development. With new development, comes new road construction. And, authorities must maintain existing roads as well. If you live around Huntsville, it’s likely you regularly deal with road construction somewhere on your daily route!

Road Construction Workers Are At Risk For Serious Injury Or Death

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Alabama Bad Drug Injury AttorneysOn April 1, 2020, the U.S. Food & Drug Administration (FDA) requested that manufacturers withdraw ALL prescription and over-the-counter ranitidine drugs immediately. Here is how the FDA began its announcement:

The U.S. Food and Drug Administration today announced it is requesting manufacturers withdraw all prescription and over-the-counter (OTC) ranitidine drugs from the market immediately.

What is ranitidine? You may know this medication as Zantac, its brand name.

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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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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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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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