Huntsville

Published on: March 15, 2021

Why Alabama Jury Trials Should Not Be Like Speed Dating!

Last week, Madison County re-started civil jury trials. After months of coronavirus shutdowns, it’s nice to be back at the courthouse. Now, I’m not writing to debate the wisdom of re-opening or not. I’m OK waiting longer for more vaccinations. Public health and safety should be our top priority. As a community, we should each take the steps needed to protect our neighbors. But, again, I’m not writing about the issue of shutdowns.

When the court did re-open this week in Huntsville, one of our car accident injury cases was number one on the docket. First up for trial! We prepare our personal injury cases. We’ve been prepared in this Huntsville accident case for months. Ready to go. It was good to finish the case for our client. Our client patiently waited through recent months as have so many other people.

Maybe you are asking — Why did the case not settle? While most cases eventually settle, some do not. Sometimes, cases should not settle. Maybe the insurance company adjuster ignored the extent of injuries or damages. Maybe the insurance company is taking advantage of courthouse closures to delay and deny justice.

Continue reading →

Published on: March 8, 2021

How Trial Experience Impacts Case Evaluation In Alabama Work Comp Claims

By Jeff Blackwell

Lawyer ads are everywhere. They are all very similar. Smiles. Confidence. Promises. What kind of promises? In all of them, the advertising lawyer promises he or she will handle your problem. As one local advertising lawyer says in his ads, “we got this.” Does he? Lots of companies advertise assurances about their products and services.

One local Huntsville law firm advertises for workers’ compensation cases by saying a settlement may be in your best interest. Their ad starts by noting “the uncertainty that surrounds” lots of comp cases. Then, it offers the hope of a settlement. Finally, the ad says you should call them for help. It’s a classic marketing ploy — Step one, highlight the need or fear. Step two, disclose a potential solution. Step three, offer yourself as guide to solve the need.

Is a settlement in your best interest? Maybe it is. Maybe it is not. I talk to injured workers every day. Most people are unfamiliar with the work comp process. For many callers, it is the first time they have ever suffered any significant personal injury at work. The whole process can be uncertain. Medical treatment. Continued employment. Vocational rehabilitation. Money Benefits. It’s a new, and very different, process. Some lawyers exploit that unknown by smiling and telling clients the results are good when they really are not.

Continue reading →

Published on: October 12, 2020

Three Reasons Pedestrian Injuries And Deaths Are Increasing

By Jeff Blackwell

A friend recently asked me about a pedestrian death in Huntsville. What happened in that accident? A pedestrian was crossing University Drive when struck and killed. Pedestrian accidents are increasingly common in busy areas, including University Drive and Governors Drive in Huntsville. These two busy Huntsville roads involve multiple lanes of traffic with few crosswalks.

Pedestrian injury cases are very, very difficult. Let me repeat that — Pedestrian cases in Alabama are very difficult. We routinely turndown cases involving pedestrian injuries. The difficulties are both legal and practical. Alabama law requires (with some limited exceptions) pedestrians to use the crosswalk and holds them negligent if they do not. In Alabama, if you are even partially negligent you cannot recover your damages. That’s a big legal hurdle.

Alabama law is much more car-friendly than pedestrian-friendly. From state-to-state pedestrian injury laws vary tremendously. Some states favor pedestrians. Some states favor cars. As you can imagine, the policy differences typically occur between states with large pedestrian urban centers versus those with more rural or suburban areas.

Continue reading →

Published on: January 20, 2020

A Shameful History Of Workplace Injuries

By Jeff Blackwell

Workers at meat and poultry plants suffer some of the highest rates of occupational injury. In his 1906 book, The Jungle, Upton Sinclair wrote of the occupational dangers within Chicago’s meat processing plants. A hundred years later, food processing plants still function as if human labor and lives are expendable.

Chicago is famous for the meat-packing industry. In Alabama, these plants are typically chicken processing plants. They are places that employ people at low wages and expose them to non-stop processes. You don’t need me to tell you that many of these plants have a shameful history of workplace injuries and deaths. The numerous news stories already tell that history. Too many of these plants view people as cheap and expendable labor. But, that’s NOT how we should value human lives.

Over the last twenty years, I’ve represented numerous workers injured in Alabama poultry plants. Shoulder, arm and hand injuries are rampant. The assembly line moves too fast for any human to work long-term without injury. Yet, it’s more than just rapid assembly line injuries. The lack of safety concern also produces many injuries from falls, forklifts, and heavy lifting without proper equipment.

Continue reading →