Alabama Injury Attorney Blog

Trial Preparation:

Preparing for trial requires lots of hard work and dedication even for the experienced Alabama personal injury attorney. In addition to preparing for each witness at trial, a personal injury attorney and his/her staff often must prepare many legal pleadings and motions that need to be filed in advance or at the time of trial in order to give their client the best chance of prevailing. These legal pleadings include: witness and exhibit lists, motions in limine, issue subpoenas, trial briefs, and jury charges to name a few. In addition to preparing these documents an injury attorney and his/her staff must also spend time preparing its witnesses and preparing to strike the jury (voir dire).

A witness and exhibit list is exactly what it sounds like a list of each of the exhibits and witnesses a party intends to introduce into evidence and call to testify at trial. Typically, a witness and exhibit list has to be filed with the Court within 30 days prior to trial. Once this list is filed with the Court, the opposing party will then be given an opportunity to object to a particular witness or exhibit.

A motion in limine is a document that is filed with the court in an attempt by one party to prevent the other party from mentioning, referencing or introducing into evidence a certain fact or facts that in the filling party's opinion is not relevant to the issue(s) at hand and would typically be very prejudicial against that party if brought out at trial.

This trial preparation is a vital part of the trial process and can often make the difference in the jury's decision. Consequently, it is critical when selecting an attorney that you hire an experienced Huntsville Alabama personal injury law firm.

The Alabama Personal Injury Lawyers at M&B are pleased to announce that they have just received the Better Business Bureau's A+ Accreditation. The A+ rating is the highest rating the BBB awards. M&B is one of only 10 North Alabama Attorneys to be accredited by the BBB in the 13 county North Alabama region. This region includes: Colbert County, Cullman County, DeKalb County, Franklin County, Jackson County, Lauderdale County, Lawrence County, Limestone County, Madison County, Marion County, Marshall County, Morgan County, and Winston County.

M&B has been representing personal injury victims for over 73 years. The Alabama injury attorneys at M&B represent injured Alabamians in various areas, including: car accidents, truck accidents, wrongful death, products liability and slip and fall accidents. Further, the accident attorneys at M&B serve clients throughout the state of Alabama including: Mobile, Montgomery, Anniston, Tuscaloosa, Birmingham, Decatur, Florence , Selma , Athens and all points in between. M&B handles all personal injury cases on a contingency fee basis, meaning there is no charge for our services unless and until a recovery is made.

Alabama slip and fall attorney Morris Lilienthal represented our client who was injured while a customer at a national retail store. While shopping at the store the plaintiff tripped over an object extending from underneath a display causing our client to fall. As a result of this accident, our client suffered severe injuries to her shoulder and elbow, which required surgery and continuous medical treatment. The plaintiff was seeking damages for her medical bills, loss wages, pain and suffering and mental anguish.

The area of the law that includes slip (trip) and fall accidents is known as premises liability. Under Alabama law a store owner has a duty to keep its premises in a reasonably safe condition for business invitees. In this case, it was our allegation that the store owner failed to keep its premises in a reasonably safe condition by allowing this object to protrude into the walkway. We are pleased that we could reach a fair and just confidential settlement for our deserving client.

The CPSC (Consumer Products Safety Commission) has just announced a "strong association" between Chinese drywall and corrosion of pipes and wires. In addition to complaints about damage to pipes and wires there have also been complaints about health problems associated from using this Chinese drywall. The CPSC has stated that there may also be a link between health problems reported by homeowners and hydrogen sulfide gas emitted from the drywall along with formaldehyde, which is routinely found in new homes. The Chinese drywall was imported during the U.S. housing boom when building supplies were scarce. This Chinese drywall was heavily used in the southeastern United States following hurricane Katrina.

The problems associated with this Chinese drywall have led to hundreds of lawsuits against builders, contractors, installers, suppliers and manufacturers. Essentially, these lawsuits are products liability lawsuits claiming that this Chinese drywall is defective and unreasonably dangerous. For more information about Chinese drywall visit the CPSC Drywall Information Center.

Almost four decades after stopping the wartime spraying of Agent Orange during the Vietnam War, the deadly effects of the chemical can still be felt both in Vietnam, and here in America. During the course of the War in Vietnam, Agent Orange was sprayed on jungles to deprive Vietnamese troops of ground cover. Recently, the U.S. and Vietnam have launched a health panel to look into the lasting effects of Agent Orange.
Since the 1990s, the Department of Veterans Affairs has been linking the deadly herbicide to diseases and disabilities sustained by Vietnam Veterans.
The VA now recognizes the following diseases and disorders as being linked to Agent Orange exposure:
• Cancer of the Bronchus, Larynx, Lungs, Prostate, Trachea, Hodgkins Disease, Multiple Myeloma, Non-Hodgkin's Lymphoma.
• Soft Tissue Sarcoma
• Peripheral Neuropathy
• Type 2 Diabetes and many more.
If you are a Veteran of the Vietnam War and you suffer from a chronic disease or disability, you may be entitled to disability compensation. Call the Alabama VA Benefits attorneys of Martinson & Beason to see if they can assist you in receiving your deserved benefits.

Alabama injury attorney Morris Lilienthal has just filed a negligence and wantonness lawsuit in Madison County, Alabama Circuit Court arising out of an alleged child abuse incident. Our firm represents a mother and her 7 year-old son who was abused while attending a summer day camp in Huntsville. The complaint alleges Joseph A. Lee a 61 year-old professor at Alabama A&M University as the director of the summer camp was charged with a duty to supervise, watch, and care for the children at the camp. The complaint further alleges that Lee rudely, inappropriately and wrongfully came in contact with a 7 year-old camper causing the child to suffer physical and emotional injuries. The personal injury lawsuit also sets forth claims against Lee's alleged employer and the sponsor of the day camp Alabama A&M University Community Development Corporation. The lawsuit seeks an unspecified amount of damages. Following this incident Lee was arrested and charged with felony child abuse. As Huntsville personal injury attorneys we are deeply saddened anytime someone takes advantage of a child; however, the level playing field of our civil justice system gives us great hope that we can right this terrible wrong. For more information on this matter, see the Huntsville Times article, A&M Professor arrested on child abuse charges.

Alabama personal injury attorney Morris Lilienthal represented our client who was involved in a serious car wreck on January 19, 2007. The plaintiff and her husband were driving north on a 5 lane highway (2 southbound lanes, 1 turn lane and 2 northbound lanes) at the time of the accident. Evidence at trial revealed the defendant was traveling southbound in the northbound lanes and had been weaving back and forth across the highway and driving on the sidewalk prior to the impacting the Plaintiff's vehicle in the Plaintiff's lane of travel. As a result of this accident, our client suffered a severe wrist sprain and bruising all over her body. Our client's most severe injury was not a physical injury, but rather the emotional distress and mental anguish she has suffered as a result of this car wreck.

At the time of the car accident, the defendant was an uninsured motorist. The Plaintiff's uninsured motorist carrier intervened into the case. Prior to trial, the uninsured motorist carrier valued the Plaintiff's claim at $40,000.00 and paid this amount to the Plaintiff. Based upon the severity of our client's psychological injuries and the defendant's wrongful conduct we valued the case at a higher amount. We are pleased to announce that we received a verdict in the amount of $80,000.00, twice the amount originally paid by the uninsured motorist carrier. This bench verdict consisted of an award of $50,000.00 in compensatory damages and $30,000.00 in punitive damages

A Mississippi woman was tragically killed when the car she was riding in was struck by a train on Tuesday August 4th in Colbert County, Alabama. According to a report in Florence's TimesDaily newspaper, the crossing where this car wreck occurred has flashing lights and crossbars. The report indicates the driver of the car went around the crossbars and was struck by the train on the passenger side and pushed off the road about 70 feet from the point of impact. The driver of the car was flown from the scene to Huntsville Hospital. This is the 31st automobile accident that has resulted in a fatality in northwest Alabama.

According to the Alabama Department of Public Safety, in 2008, there were 84 train/automobile wrecks that resulted in 10 deaths and 34 injuries in Alabama. This is an increase from 2007, where there were 72 train/automobile wrecks that resulted in 14 deaths and 25 injuries.

As experienced Alabama car accident lawyers, over the years we have represented numerous people who were involved in car accidents with a train. Often crashes between an automobile and a train are caused by a lack of warning devices such as flashing lights or cross bars. Other times these car/train accidents are caused by some line of sight problem where the automobile driver's ability to see an oncoming train is obstructed by some object. However, many times as it appears is the case in this unfortunate accident, the driver of the automobile is at fault for failing to heed the warning devices. For more information on train crossing safety - visit operation lifesaver.

Depositions:

After the initial discovery process is concluded, an experienced Huntsville Personal Injury Attorney will next begin the deposition process. A deposition is under oath testimony that is recorded for use in a lawsuit or court proceeding. In a typical car accident lawsuit the following depositions are routinely taken: the parties (plaintiff & defendant), witnesses, doctor(s), and expert(s).

The deposition is used like written discovery to uncover the facts surrounding the accident or event and the injuries or damages of the plaintiff. The Alabama injury attorney uses the deposition as a tool to learn what the deponent (person giving the deposition) is going to testify to at trial. Since a deposition is recorded by a court report, the testimony can be used against the deponent at trial if they testify to something different at trial than they did in their deposition.

The typical format for the parties' deposition is their background, education, work history and the events of the accident. During the course of the plaintiff's deposition the defense attorney will also want to inquire into the plaintiff's injuries, medical treatment, medical bills, lost wages, and any physical limitations the plaintiff may have. Depositions are a key tool of the personal injury lawyer in that they allow the attorney to not only learn more facts about the case, they also allow the attorney to "size up" the other party, witness or expert and discover what type of appearance they will make in front of the judge and jury.

In an effort to reduce the number of Alabama car accidents, Alabama State Troopers are again instituting the "Take Back Our Highways" campaign this week. This is the fourth year of the campaign, which places additional officers on Alabama's highways in an effort reduce the number of car wrecks and unsafe drivers on Alabama's highways. According to a report from the Montgomery WFSA news website, troopers estimate that the program has saved more than 200 lives since 2006. This year, Tennessee, Georgia, Mississippi and Florida are all participating in the Take back our Highways campaign in an effort to reduce the number of car accidents in their states.

A three car accident in Florence, Alabama seriously injured an 86-year-old Red Bay man. Thomas Carrithers and his wife Elvia were flown to Huntsville following the car wreck. Mr. Carrithers was ejected from his pickup and is currently in serious condition in Huntsville Hospital's surgical intensive care unit. According to the Alabama Department of Public Safety, less than 1% of all Alabama traffic crashes in 2007 involved a driver who was 85 years-old or older.

In 2006, there were 1,432 motor vehicle accidents in Florence, Alabama 258 of which resulted in someone being injured. The number of Florence car and truck accidents declined in 2007. In 2007, there were 1,365 motor vehicle accidents in Florence 239 of which resulted in someone being injured. Fortunately, there were only 2 fatal accidents in Florence in 2007.

A Montgomery truck accident involving a dump truck and train surprisingly results in only minor injuries. According to the Montgomery Advertiser's report, Jackie Kemp, Jr., of Wetumpka, Alabama was traveling south on North Court Street in Montgomery when his dump truck collided with the train. According to the newspaper report, the accident site is guarded only by a railroad "crossbuck" sign and not lights or a protective arm. This particular track connects CSX's yard on the Mobile to Birmingham line with its line to Atlanta. This was the third accident involving a train in Montgomery County this year. According to the Federal Railroad Administration, there were 9 railroad crossing accidents between cars and/or trucks and a train in 2008 in Alabama. These 9 incidents tragically resulted in 10 fatalities. As Montgomery Alabama car accident attorneys, over the years we have seen the devastating results that can occur when a car or truck collides with a train. When approaching a railroad crossing, drivers should ad hereto the stop, look and listen rule

When Loxley, Alabama police responded to a car accident, they discovered both the driver and passenger were drunk. The driver was arrested on charges of driving under the influence and the passenger was charged with public intoxication. The topless passenger was so intoxicated that she couldn't even find her clothes. Fortunately, it does not appear that anyone was injured as a result of this accident. As Alabama dram shop attorneys we often see the tragic results that can occur when people make the decision to drive under the influence of alcohol.

According to the Alabama Department of Public Safety, in 2007 there were 5,883 drivers in Alabama who were influenced by alcohol or drugs who were involved in car wrecks. The 20 to 24 year old age group had the largest number of drivers with 1,132 drivers who were influenced by alcohol or drugs who were involved in crashes.

A Mobile Alabama Car Accident has led to a murder indictment. A Mobile Grand Jury has indicted Michael Loper on murder charges stemming from a January 2009 car accident where it is alleged he was traveling over 100 mph when he bumped another car off the road tragically killing three Mobile teenagers. Loper was also charged with leaving the scene of an accident with injuries.

According to the Alabama Department of Public Safety, there were 13,334 car accidents in Mobile County in 2007. Out of these 13,334 Mobile County car accidents there were 105 fatalities.

As Alabama Car Accident Lawyers we often seen an increase in the number of traffic accidents during the holiday season as the number of driver's on the road increases. According the Alabama Department of Public Safety's 2007 Alabama Traffic Crash Facts: Between 6:00 p.m. Friday, June 30, 2006 until 11:59 p.m. Tuesday, July 4, 2006, (102 hrs) there were 22 fatalities in Alabama involving automobile wrecks. Between 6:00 p.m. Tuesday, July 3, 2007, until 11:59 p.m. Wednesday, July 4, 2007, (30 hrs) there were 9 fatalities in Alabama involving automobile wrecks. Since the 4th of July falls on a Saturday this year there will likely be more people traveling than when the 4th falls on a week day; therefore, drivers should take extra precautions while on the roads this weekend such as: slowing down, buckling up and to be observant of other vehicles on the road.