Alabama Injury Attorney Blog

Our client was severely injured when she slipped and fell at Huntsville area Hardees Restaurant. As a result of matter, a personal injury lawsuit was filed in Madison County Circuit Court. This premises liability case, (slip and fall) centered on the subject steps where our client fell. Under Alabama law, a premises owner has a duty to maintain their premises in a reasonably safe condition. As a part of our case, we hired an expert witness who was of the opinion that the subject steps violated various building standards and safety codes. As a part of our client's case, we were seeking compensation for medical bills, pain and suffering, out of pocket expenses, loss of enjoyment of life and mental anguish. After written discovery was exchanged between the parties and various depositions were taken the case was resolved for a confidential amount at mediation.

As Huntsville Personal Injury Attorneys we too often see people who are severely injured when they are caused to fall due to a defective walkway or stairway. In these cases, we look at the condition of the walkway. Is the walkway up to code? How often is the walkway cleaned and checked for debris? If the walkway was outside was it raining? What type of shoes and clothing did the plaintiff have on? Does the plaintiff have history of falls or have a problem with dizziness or vertigo? These are just some of the issues we look at when we evaluate a slip and fall or trip and fall case in Alabama.

We are pleased that we were able to reach a fair and just settlement in this slip and fall claim. If you have been injured on someone else's premises via slip and fall or trip and fall, please give us a call for a free evaluation of your personal injury claim.

By: Morris Lilienthal, Huntsville Slip and Fall Attorney

The negligence and wantonness lawsuit filed in Madison County Circuit Court has been settled. M&B represented a young Army reservist who was in Huntsville, AL at Redstone Arsenal for training. The plaintiff along with several other soldiers went to The Pony, a Huntsville gentlemen's club, for a night out. It was alleged in the complaint, that the Plaintiff was unjustly assaulted in the club's parking lot by one of the club's bouncers resulting in the Plaintiff suffering multiple skull fractures, a ruptured ear drum and facial nerve damage. In the personal injury lawsuit, the Plaintiff sought compensation for his medical bills, pain and suffering, out of pocket expenses and mental anguish. After written discovery was exchanged between the parties and depositions were taken, the parties reached a confidential settlement.

As Huntsville injury lawyers, we are pleased any time we can reach a fair, just and speedy recovery for our injured client. In this case, our client was extremely pleased with the result we achieved. Client satisfaction is our number one goal. Anytime we can assist any of the members of our military we are honored to do so. In this case, we want to wish our client well and thank him for his service as he will be deploying to Afghanistan in March.

If you have a personal injury claim or questions about a personal injury matter such as a car accident, slip and fall or a products liability claim, please give us a call as the consultation is free and we do not collect any attorneys' fees on personal injury cases unless we make a recovery.

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.

Huntsville personal injury attorney Morris Lilienthal has filed a negligence and wantonness lawsuit in Madison County Alabama Circuit Court arising out of an incident that occurred in the club's parking lot. Our firm represents a 22 year old Army Reserve solider who was in Huntsville for training. The young solider had gone to The Pony with some friends for the evening. It is alleged that after the solider left the club, several bouncers surrounded the solider in the parking lot as the solider was trying to leave. It is further alleged that one of the bouncers negligently, recklessly, and/or wantonly, came into contact with the plaintiff causing the plaintiff to suffer multiple skull fractures, a perforated ear drum and nerve damage to his face. The personal injury lawsuit seeks an unspecified amount of damages.

A recent Alabama Supreme Court decision alleviates the liability of hospitals if they have any affiliation with State of Alabama. Lauree Durden Ellison was seen in the Emergency Room at Baptist Medical Center East Hospital in Montgomery. The hospital failed to notify Ms. Ellison or her doctor that she left the hospital with an antibiotic-resistant staph infection. Sadly, Ms. Ellison died. A Montgomery jury found the hospital was liable for failing to make this disclosure and awarded Ms. Ellison's family a $3.2 million dollar verdict. Under Alabama's wrongful death statute all of these damages are punitive in nature intended to punish the wrongdoer and prevent such acts in the future. However, the Alabama Supreme court in a 5-3 decision held that the hospital was immune from liability.

In the months prior to Ms. Ellison visit to the ER, Baptist Medical Center East parent company was undergoing financial difficulty and transferred operations of the hospital to the University of Alabama and UAB Health Systems for a set period of time. Once the term ended the operations of the hospital were to revert back to Baptist Medical Center East. Based upon the fact that a board of trustees created by the University was set up to run the hospital, the majority of the Court held that was enough to give the hospital state immunity.

This ruling creates a very dangerous precedent as noted by Chief Justice Cobb's dissent. This ruling frees the hospital from responsibility for the harm that may be caused by its negligence. Shouldn't hospitals be held accountable, like everyone else? Consider this: Medical errors are the fifth-leading cause of deaths in the US, with up to 98,000 deaths annually. (source Medical News Today). If the judicial system cannot serve as a checks and balances on state run hospitals who will? Would you want to seek medical care in a facility you know can cut off your wrong leg during surgery and have no responsibility?

For a good overview of this case and its holding see John Archibald's article "It's good to be in the service of the king."

A personal injury lawsuit against a strip club near West Palm Beach, Florida has settled. The plaintiff was a patron at the club when a dancer struck him in the face while she was dancing. The blow caused the dancer's shoe to puncture the man's eye socket. As a result of this incident, the plaintiff suffered broken bones around his nose and face and permanent double vision. As a result of these injuries, the plaintiff had to undergo several surgeries and incur extensive medical bills.

This case is a prime example of one in which if you hear someone sued a strip club for getting kicked by a dancer and obtained over a half million dollar settlement you would think - FRIVOLOUS LAWSUIT. However, with a clear understanding of the facts it can be seen that this was a situation where the plaintiff suffered significant life altering injuries as a result of the club's negligence.

Huntsville Alabama personal Injury attorney Morris Lilienthal represented our 7 year old client and his mother in this personal injury lawsuit. We first discussed this case in a previous blog post "Huntsville Personal Injury Lawsuit Filed Against Alabama A&M Professor." This lawsuit arose out of an incident where it was alleged that Joseph Lee a professor at Alabama A&M rudely, inappropriately and wrongfully came in contact with our 7 year-old client at a day camp causing the child to suffer physical and emotional injuries.

Since this case involved a minor plaintiff, the settlement had to be approved by the court in what is known as a Pro Ami hearing. At this hearing, the court heard testimony from the minor child and parent to confirm that this settlement was in the best interest of the child and that the parent fully understand the settlement. We are pleased that we were able to reach a fair and just policy limits settlement for our deserving clients.

Often the need for an Alabama personal injury lawyer doesn't arise between the hours of 8:00 am and 5:00 pm. Many car wrecks occur at night or the weekend when most law offices are closed that is why the Alabama car accident and truck accident attorneys at Martinson & Beason are available nights and weekends. Our personal injury lawyers are only one phone call away night or day and are available to meet with injured victims at the hospital and their home. If you or a loved one has been the victim of a nighttime or weekend accident, our Alabama personal injury attorneys are available via phone or email 24 hours a day. Over the years our availability has been a great comfort to our clients allowing us to answer any questions or concerns they may have. You can reach our Alabama automobile accident attorneys at 256-533-1667 or toll free at 1-800-255-6534 and via email at info@mblawhsv.com

We represent individuals in all of the following Alabama Counties: Autauga County; Baldwin County; Barbour County; Bibb County; Blount County; Bullock County; Butler County; Calhoun County; Chambers County; Cherokee County; Chilton County; Choctaw County; Clarke County; Clay County; Cleburne County; Coffee County; Colbert County; Conecuh County; Coosa County; Covington County; Crenshaw County; Cullman County; Dale County; Dallas County; DeKalb County; Elmore County; Escambia County; Etowah County; Fayette County; Franklin County; Geneva County; Greene County; Hale County; Henry County; Houston County; Jackson County; Jefferson County; Lamar County; Lauderdale County; Lawrence County; Lee County; Limestone County; Lowndes County; Macon County; Madison County; Marengo County; Marion County; Marshall County; Mobile County; Monroe County; Montgomery County; Morgan County; Perry County; Pickens County; Pike County; Randolph County; Russell County; Shelby County; St. Clair County; Sumter County; Talladega County; Tallapoosa County; Tuscaloosa County; Walker County; Washington County; Wilcox County; Winston County.

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.