Alabama Injury Attorney Blog

As Huntsville personal injury attorneys this is a question we are often asked and see posted on many legal related message boards and websites. The answer to this question is based upon many different factors. Here are a couple of the factors that go into determining the value of a personal injury lawsuit.

First, what jurisdiction the accident occurred in will determine what set of laws apply to the case. Each state has their own individual set of laws that apply to a personal injury claim. For example, the statute of limitations for bringing a negligence personal injury claim under Alabama law is generally two years. Whereas , if the same injury occurred in Tennessee, the general statute of limitations is one year. Further, Alabama law applies the doctrine of contributory negligence, which means if the court or jury finds that the Plaintiff is at fault at all for his or her own injury then they cannot recovery. Most states do not apply this harsh law, but this example details how each state's laws can certainly impact the value of a personal injury case.

A second important factor is whether there are sufficient enough facts to establish liability on the defendant. In the context of a slip and fall case, under Alabama law, can the plaintiff establish the defendant knew or should have known of the hazardous condition that caused the person to slip and fall. Further, can the plaintiff establish that their injuries are proximately related or caused by the accident.

Third, what types of injuries did the plaintiff sustain. How much are their past and future medical bills? Past and future lost wages? Does the plaintiff have a permanent physical impairment? Has the plaintiff suffered mental distress and will they continue to do so in the future?

Fourth, what venue is the case set in. IE what are the juries like where the case would be tried. The same case with the same exact set of facts will generally be worth more or less depending on where the case will be tried. For example, some counties in Alabama such as Madison and Shelby County are considered more conservative venues while other counties such as Macon and Greene are considered more plaintiff friendly counties.

Ultimately, there are many factors that go into determining the value of an Alabama personal injury case. Those listed above are just a few of the factors that are evaluated. Before you hire a personal injury attorney check them out. Do they have experience handling your type of case? Ask for references and testimonials from former clients. In the end, each case is different and the value of each case is dependent upon several factors.

This case arose out of a shooting that took place on August 15, 2003, in the north Alabama town of Grant (Marshall County). Verlon LeMaster, the Chief of Police of Grant, received a tip that two 17 year old boys, who had been reported as runaways, were located at a particular house in Grant. Chief LeMaster and three other officers relying on this tip, proceed to this house to pick them up. One of the runaways was Brian Alan Butler, who was also wanted on a misdemeanor marijuana charge.

When the officers arrived, the Chief went to the front door and an adult female confirmed the boys were at home. So the Chief and another officer entered the home. The female called out to the boys to come out from a back bedroom, but they did not come out. So the Chief and one other officer went to the back bedroom where the two boys were located. The evidence at trial revealed that the Chief walked into the room and Mr. Butler was standing in the closet doorway and the Chief, whose gun was still in his holster said, "Come on son, let's go." At that point in time, Mr. Butler raised a gun and fatally shot Chief LeMaster in the head. Equally alarming, the occupants of the house knew the boys had .45 cal pistols and had made threats to shoot the police if they came to pick them up, despite these threats the occupants of the house never warned Chief LeMaster he was walking into an ambush.

When the original civil lawsuit was filed in this case there were numerous claims and defendants; however, the verdict in this case was against Brian Alan Butler. Mr. Butler has already been convicted of capital murder, but the family felt strongly that Mr. Butler should also be punished civilly as well. After, a two day trial, the jury returned a $15 million dollar wrongful death verdict in favor of the Estate of Verlon LeMaster.

Plaintiff's counsel were George Beason and Morris Lilienthal of Martinson and Beason, P.C. of Huntsville, Alabama.