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.

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

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.

Preparation of Initial Documents:

After an Alabama personal injury lawyer identifies his/her theories of liability and defendants he/she must then decide where is the appropriate and/or best place possible to file the lawsuit. The place where the lawsuit is filed is known as the "venue." In a personal injury situation or a tort claim, often the proper venue to file the lawsuit is the county in which the accident occurred. For example, a Birmingham car accident that involved two Alabama residents would typically have to be file in Birmingham or in the Circuit Court of Jefferson County. However, if the dispute involves a breach of contract, then the proper venue for a breach of contract claim in Alabama is usually the County where the contract was entered into.

Once the personal injury attorney has determined what is the proper venue to file his/her lawsuit then the next step is to draft the complaint. The complaint is the initial document that is filed with the court and served upon the defendant(s), which sets out the facts of the case and the Plaintiff's legal claims against the defendant(s) and the damages and/or remedy the Plaintiff is seeking. For example, in the case of an Alabama car wreck, the complaint would likely set forth the facts of the car accident, that the defendant driver was negligent in striking the Plaintiff's vehicle and set forth what injuries the Plaintiff suffered and that the Plaintiff was asking the jury to return a verdict in his/her favor. Typically, once the complaint is filed, the Defendant would have 30 days under Alabama law in which to file their Answer to the complaint. Often the complaint and answer are referred to as initial pleadings.

After the complaint and answer have been filed by both parties, the next step in the personal injury process is usually the filing of discovery (interrogatories and request for production). Interrogatories are essentially questions that are drafted by one party (Plaintiff or Defendant) to discover information from the other party. These questions are geared toward learning information about the person and the events surrounding the accident itself. Request for production are similar to interrogatories in that they are request by one party to another asking the other party to produce documents that may be relevant to the issues in the lawsuit. Under Alabama law, if the Plaintiff serves discovery with the complaint then the Defendant has 45 days in which to answer the discovery; however, discovery not served with the complaint has to be answered in 30 days.

Initial Investigation:

When an Alabama personal injury lawyer first becomes involved in a matter they will immediately begin their initial investigation. This investigation starts with securing evidence. For example, if someone is injured by a product (products liability lawsuit) then the subject product must be secured so that it can be inspected and examined to determine the exact nature of the product's defect. Photographs should be taken of the product, accident scene, automobiles involved and injuries to document what occurred and how it has affected the victim. Witnesses should be interviewed as soon as possible as stories change and memories fade over time. Often expert witnesses may be contacted early on in the investigation process to assist the personal injury attorney in determining what further investigation is necessary and whether a valid legal claim exists. For example, in the context of a car accident case, an accident reconstruction expert may be contacted early on to assist the personal injury lawyer in determining the speeds of the vehicles and the angle of impact. All these aspects of the initial investigation into a personal injury lawsuit are critical to not only determining whether a valid legal claim exists, but to maximizing that claim.

Identify Theories of Liability and Defendants:

As the initial investigation into a personal injury or wrongful death lawsuit proceeds, the personal injury lawyer begins to identify potential theories of liability and potential defendants. In some cases, such a simple two car accident it may be a single claim against a single defendant. I.E. John Doe files a negligence claim against Susie Jones the driver of the car that hit John Doe. However, in many cases multiple theories of liability may be filed against multiple defendants. For example, assume Susie Jones age 19, had a history of speeding and driving recklessly and her mother Sara Jones armed with this knowledge still allowed Susie to use her car and Susie gets into an accident with John Doe. In this example, not only would John Doe file a negligence claim against Susie Jones but he would also file a negligent entrustment claim against her mother Sara Jones for entrusting her daughter whom she knew was a dangerous driver with the subject car. Furthermore, assume John Doe has serious injuries that require continuous medical treatment, then Susie Jones may not have enough insurance coverage to adequately compensate John Doe and in that situation, John Doe will likely make an additional claim under his uninsured/underinsured motorist coverage. These are only a couple of examples of how an experienced Huntsville Alabama personal injury attorney evaluates and identifies potential theories of liability and potential defendants.

In part two of the Alabama Personal Injury Attorney Guide to the Personal Injury Lawsuit Process we will examine the preparation of the initial documents that are filed to begin the lawsuit process.

The process of selecting an Alabama Personal Injury Lawyer or Alabama Wrongful Death Attorney following an accident is an extremely important decision. For most people, selecting an Alabama Injury Attorney can seem very intimidating with so many attorneys to choose from. This article is intended to aid the accident victim and their family in their search for an attorney.

Questions to consider and pose to potential personal injury attorneys:

• What is your experience in this field?

• Have you handled matters like mine?

• Do you have the resources to pay for depositions, hire experts and to go to trial?

• Will you handle my case or will you refer it to another attorney?

• Do you have any experience with the court system and judge where my case will be filed?

• Have you been peer reviewed by any service such as Martindale Hubbell?

• Can you provide me with any references from past clients and other attorneys?

• Are you a member of any trial lawyer associations such as the Alabama Association for Justice or the American Association for Justice?

• What type of contingency fee would you charge in a case of this type?

• Do you keep your clients informed of the progress of their case?

• Who else in the office will be working on my case?

These are all questions an accident victim should have answers to before hiring a personal injury lawyer.

Continue reading "Checklist For Hiring an Alabama Personal Injury Attorney" »

Recent reports confirm that many drivers are now sending text messages while they drive. According to one study an estimated 20% of drivers are sending text messages while they drive. This number dramatically increases to 66% when drivers 18 to 24 are isolated. Due to the increase in texting and driving many states are considering bans or restrictions on texting and driving. This is due to the direct correlation between distracted drivers and car wrecks. Currently, only Washington state and New Jersey prohibit texting while driving; however, 16 other states are currently considering legislation that would ban or restrict this practice.

A car accident or truck accident can be a very scary and unnerving experience. It is critical that personal injury victims take the proper steps following a motor vehicle accident to gather and preserve evidence to enable them to obtain the maximum compensation they deserve. The following is a checklist for Alabama personal injury victims:

The Accident Scene:

• Call the police
• Exchange information with the other driver, such as: name, address, telephone number, driver's license number, tag number, and insurance information.
• Gather the names and contact information for any witnesses
• If possible photograph the vehicles and scene of the accident

Following the Accident:

• If injured, seek immediate medical attention
• Notify your insurance carrier
• Photograph your vehicle
• Photograph any injuries
• Keep a log of your medical treatment to help document your daily recovery and pain and suffering
• Keep a log of all out of pocket expenses such as co-pays, prescriptions, and lost wages
• Keep all bills, receipts and documents associated with your vehicle's damage and repair
• Obtain a copy of the accident report

Other Key Points:

• Never admit fault to the other driver or police officer immediately after the accident
• Diligently follow through with all medical treatment and care
• Do not speak with anyone from the other driver's insurance company or their attorney without first contacting an experienced Alabama Personal Injury Attorney
• Retain copies of all documents, bills, medical records, etc...

A new Alabama trauma system is being evaluated for 11 west Alabama counties.  The hope is that this new trauma system will streamline the process of getting critically injured people the best possible treatment in the fastest possible manner.  According to a report, trauma from car accidents, falls, and shootings is the number 1 killer of people between ages 1 and 44.  It is important that critically injured people receive treatment within a 60 minute window or their chances for survival greatly diminish. 

  According to this report, twice as many accidents occur in cities compared with rural areas; however, the death rate from accidents in rural areas is twice as high because of delays in getting care.  When the system is implemented it will classify hospitals as level 1, 2, or 3 trauma centers. A hospital with more equipment, surgeons and specialists will be classified at a higher level than a hospital with fewer resources.  For example, when EMS arrives on scene at an Alabama car accident the paramedic would report the victim's condition to the operator who would then classify that patient and use a computer system to determine the closest hospital with the best ability to care for that person.  In addition, hospitals would be able to set their status as red or green to alert dispatchers whether certain surgeons or specialists were available.

This system was implemented in Birmingham in 1996 and since that time the trauma death rate has decreased 12 percent. As Huntsville Alabama Car Accident Attorneys it is our hope that this system will be implemented statewide giving each Alabama accident vicitim the best possible chance for survival.               

Two fatal North Alabama motorcycle accidents have occurred in the past week.  According to a report from the Times Daily a Franklin County man and his wife were involved in a motorcycle accident on Sunday February 7, 2009.  According to the report, the motorcycle collided with the passenger side of a car.  Upon impact, the male driver of the motorcycle was thrown 10 to 15 feet past the point of impact.  Tragically, the driver of the motorcycle died from massive blunt-force trauma to the head and neck.  Just three days later on February 10, 2009, an 18 year Gadsden teenager was killed when he lost control of his motorcycle and it struck a light pole.

According to NHTSA, 4,810 motorcyclists were killed in the United States in 2006, which was an increase of 5% from the previous year.  There were 88,000 motorcyclists injured in 2006. In 2006 in Alabama, there were 105 fatal motorcycle accidents  Suprisingly, of these 105 fatal accidents helmets were worn 90.5% of the time.  As one would expect to find, statistics show that per vehicle mile traveled in 2005, motorcyclists were about 37 times more likely than passenger car occupants to die in a motor vehicle accident and 8 times more likely to be injured. 

Based upon the increased likelihood for accidents and injuries to motorcycle riders it is imperative that motorcycle riders be properly trained and outfitted with the proper safety equipment.  For more information on motorcycle safety visit the motorcycle safety foundation.        

An article and editorial published in the Journal of Neurosurgery examined the nexus between air bag and seat belt usage and spinal injuries suffered by car accident and truck accident victims.  This research examined the records of more than 20,000 motor vehicle accident victims age 16 and older admitted to Wisconsin hospitals after car or truck wrecks from 1994 to 2002. This research confirmed that the use of a seat belt and an air bag together was associated with a decreased risk of spine fracture, including more severe fractures. 

In 2007, there were over 6 million motor vehicle accidents in the United States.  Nearly 2.5 million of those accident victims were injured and more than 41,000 lost their lives.  According to the Fatality Analysis Reporting System (FARS), 1,110 people lost their lives in motor vehicle accidents in 2007 in Alabama.  This was down 8% from 2006 where 1,207 people lost their lives in car and truck accidents in Alabama.

In 2007 Jefferson County, Alabama, which includes Birmingham, saw 98 people killed in car and truck accidents.  This was a 23% increase in the number of fatal accidents in the Birmingham, Jefferson County area from the previous year.  This is in stark contrast to Madison County, Alabama which includes Huntsville.  In 2007, 34 people in the Huntsville area lost their lives in a car or truck accident.   This was a 55% decrease from 2006 which saw 75 people in the Huntsville area lose their lives in motor vehicle accidents.  This large decrease in the number of fatal car and truck wrecks in the Huntsville area can likely be attributed in part to the combination of seat belt and air bag useage.          

The billion-dollar jury verdict has disappeared from U.S. courtrooms.  For the second time in the past three years, there were no jury awards above $1 billion in 2008, according to data compiled by Bloomberg News. In 2007, there was one such verdict, for $1.5 billion.

Of the 10 largest jury verdicts in U.S. history, the last to be added to the list was in 2003. It was an $11.9-billion award against Exxon Mobil Corp. in a lawsuit by the state of Alabama claiming fraud in the underpayment of natural-gas royalties. It also was the last for more than $2 billion.  The $11.8-billion punitive part of the Exxon verdict was erased in post-trial appeals, and Alabama wound up with about $120 million.

This reduction in billon-dollar jury verdicts is due in large part to courts applying caps or ratios on punitive damages.  For example, many courts will apply a 3 to 1 ratio of punitive damages to compensatory damages.  At first glance this may seem to be a good idea that a company can not be liable for more than 3 times the plaintiff's compensatory damages (medical bills, lost wages, out of pocket expenses, pain and suffering); however, when this tort reform concept is closely analyzed it leaves the corporate defendant with little incentive to ensure that they are producing the safest possible product.  For example, car manufacturer X may decide they can produce a cheaper car by using an inferior part and save themselves $5.00 a car or millions over the production life of the vehicle. When making this decision the car manufacturer will compare the likely number of injuries and deaths that may occur as a result of using this inferior part and the amount it may have to payout in claims against the amount of money it is saving by using this cheaper part.  Reducing the threat of punitive damages against a corporate defendant encourages companies such as the car manufacturer in the aforementioned example to place dangerous inferior products into the stream of commerce. 

Continue reading "Punitive Damage Jury Verdicts Continue to Decline" »