Insurance Accuses My Dad of Driving Drunk and Refused to Pay Claim! My Dad Never Drank, What Do I Do?

There are many situations where you really do not need a lawyer. Most disputes can be resolved between reasonable people. This is not one of those situations. If you are faced with this situation or a similar situation, hire a competent attorney immediately.

A live, healthy body does not produce ethanol. At death, however, the body starts producing ethanol naturally. Also, the body’s natural filtering process (kidneys, liver and such) no longer works to remove this naturally occurring ethanol. This phenomenon is enhanced when the body suffers open wounds or heat. The result is a false drug test that shows alcohol in the body. Often the levels of alcohol are extreme.

Neither an insurance company nor an at-fault driver should prey on this fact and your feelings about your loved one to deny insurance coverage or deny liability. Unfortunately, resolving this dispute often requires hiring experts and litigation. Other false positives may result in taking over the counter medications or supplements. We have handled this situation before and welcome the opportunity to assist you.   -Brandon L. Blankenship (205)912-8248
-Blankenship Harrelson, LLP

What Is My Personal Injury Case Worth?

As an injury attorney this is the most common question asked when I am consulting injury victims. The answer depends on many different factors. Where did the accident occur? What are the injuries? How much are your medical bills? Do you have a permanent disability rating? Do you have lost wages? Is liability clear?

The answer to this question can be often overwhelming for injury victims. The goal in resolving injury cases is adequate compensation for the injury victim. Most cases are very complicated, thus an attorney is needed to sort through all of the red tape.

Before you hire a personal injury attorney be sure to check them out. Ask whether they have experience handling your type of case. You can also ask the attorney for client testimonials. There is no better way to find out about an attorneys performance than talking to former clients. Do your homework and find out if the attorney is right for you. Patrick Kenerly (205)912-8245
Blankenship Harrelson, LLP

Common Injuries Resulting From Motor Vehicle Accidents

Injuries resulting from car accidents are often life-altering and life-threatening and can include traumatic brain injuries, spinal cord injuries, whiplash, bone fractures, paralysis and burn injuries.

Injuries resulting from motor vehicle accidents can be very obvious as in the case of broken bones and bleeding from trauma to soft tissue, but so-called "hidden" injuries that are not visible to the common observer, such as whiplash injuries can have just as devastating an impact on a victim as an obvious injury.

Whiplash refers to an injury to the neck that occurs when a vehicle is hit from behind and the occupants head and neck are suddenly jerked forward and then backward from the impact. The symptoms of whiplash include headache, pain, soreness and tenderness, swelling and muscle spasms.
An injury to the spinal cord can have life-long consequences such as chronic pain or paralysis. The physical and emotional costs of motor vehicle accident injuries are immeasurable.

If you were injured in a motor vehicle accident you could be eligible for financial compensation for the damages you have suffered such as medical expenses, loss of income and future earning potential and your pain and suffering and any other expenses you incurred as a result of the accident. -Greg Harrelson (205)912-8251Blankenship Harrelson, LLP

Getting the Most from UM Coverage

In Alabama , UM coverage (underinsured/uninsured motorist) is stackable up to three vehicles per policy of insurance. If you have more than one policy, then you can stack up to a maximum of three vehicles for each policy. However, you do not have to be a named insured on a policy to be a covered person for UM purposes under that policy.

For example, you are by definition a covered person under the policy of insurance for any vehicle in which you are either a driver or passenger. Another example is household residence, making you a covered person by definition for any vehicle insured by a household resident.  -Greg Harrelson (205)912-8251

What If You Are Injured But Do Not Have Health Insurance?

If you have been injured in an automobile accident you will likely need medical attention. What if you do not have health insurance? Even if you do not have health insurance you should go to the emergency room immediately following your accident. Most hospitals have payment programs if you do not have the money to pay. Hospitals will also typically work with you on a reduction of your medical bill.

Another way to get medical attention is through an attorney. An attorney can get appointments for you with certain doctors by providing the doctor with a Letter of Protection. A Letter of Protection is a guarantee from the patient and attorney to pay the doctor out of the settlement proceeds. When in doubt you can always find treatment at the emergency room. Most emergency rooms will even provide you with a doctor who will perform follow up care.  -Patrick Kenerly (205)912-8245
Blankenship Harrelson, LLP

I Have Been Injured. Do I Need An Attorney?

As an injury victim should I choose an attorney to help with my case or should I handle it myself? To answer this question you must ask yourself what can an attorney do for me and how much do I have to pay him.

Attorneys give injury victims the same leverage that the insurance company has in negotiating a fair settlement. An attorney also has the knowledge to properly evaluate the value of your injury claim. The insurance company knows that an attorney can file a lawsuit on behalf of his client which adds value to the case.

Other than increasing the settlement value of your case, what else can an attorney do for you? Attorneys also help with the outstanding medical bills that accompany an injury. Attorneys can negotiate with the hospitals or healthcare provider to reduce your bills. This is a huge benefit to an injury victim because it puts more money in the pocket of the injury victim.

Finally, how and when do I pay my attorney and what if we don’t win my case? Most injury victims have an increase in expenses and are often out of work for extended periods following their accident. Most attorneys will agree to take a percentage of the settlement at the conclusion of the case. In other words, if the attorney does not collect for you he does not charge for his services. This type agreement is for the benefit of the injury victim who may be financially burdened because of his injury.  Pbk (205)912-8245

Why Injury Victims Should Not Give Recorded Statements

If you have ever been injured in a motor vehicle accident you have probably been asked to give a recorded statement. As a victim in a motor vehicle accident you should not give a statement to the insurance company. Why? Insurance adjusters are highly trained at asking certain misleading questions. Once you go on the record as to how certain events occurred it is hard to make any changes. What if you don’t remember everything? Accidents usually happen within a blink of the eye. The insurance adjuster expects you to recall the exact events of the collision, and if you can’t recall certain facts, they use it against you.

Before giving a recorded statement to the insurance company you should always contact an attorney who is knowledgeable in that area of law. Remember, once you go on the record with a recorded statement it can always be used against you.  Pbk (205)912-8245

Are You Having Trouble With An Insurance Adjuster?

If you have ever been injured or had property damaged in a car accident then you have probably dealt with an insurance adjuster. What do you do if you can’t come to terms with the adjuster? You actually have several options. First, you can request that your injury or property damage claim be assigned to a new adjuster. The chances of that happening are pretty slim though.

Next, if you feel you are being mistreated you can ask to speak to the adjuster’s supervisor. If the adjuster is not giving your claim the attention it deserves, a call to his supervisor may help.

Why do you think it is that adjusters can be so difficult to deal with sometimes? One of the adjusters settlement methods is to wear you down. For instance, your goal is to negotiate a fair settlement to compensate you for your injuries. The adjuster on the other hand will prolong the settlement or continue to offer unreasonable settlement terms. The adjuster is at an unfair advantage because he has the money and you need the money. The adjuster is hoping that you will settle for the unreasonable offer so you can get the claim behind you.

You should contact an attorney to help if you encounter any of the above situations. An attorney can get more money for you and handle the hassle of working with the adjuster. Pbk (205)912-8245

How Do I Know If What The Insurance Company Offers is Fair?

Setting the value of your case is more of an art than a science. Historically, if you lost an eye because of someone else’s wrongdoing, you were entitled to take their eye.  On the other hand, some will say that the value of your case is based on a multiple of your medical bills: medical bills times two, medical bills times three or such. Neither is correct.

The true value of your case is what a jury, given the chance, will award. Large jury verdicts (like you might hear about in the news media) resulted from Plaintiffs who were willing to suffer great risk. A favorable jury verdict requires many things falling into place: the lining up of persuasive legal liability, serious injuries, desperate consequences, a credible plaintiff, a unselfish jury, excellent case presentation, an unsympathetic defendant who has monetary resources (usually insurance) and other things.

A good place to start your evaluation is the seriousness of the injury. An injury that results in intensive care in a hospital brings greater compensation than an injury that results in chiropractic care alone. A scar on your face is worse than a scar on your back. If you have had a similar prior injury, the value of your case will be reduced. Distinguishing between what damage resulted from the past versus the present is confusing and tends to push the case value down. Then, there must be a wrongdoer. Was the conduct that resulted in your injury innocent? Negligent? Reckless? Willful? A drunk driver, for example is worse than someone who innocently ran a hidden stop sign.

Next, how much do you have to explain to the jury about your past? The jury, after all, has to want to help you. If you have been arrested 37 times for DUI, don’t expect a jury to help you much because you got hit by a drunk driver. A jury will most likely have the opportunity to consider anything in your recent past that speaks to your credibility.

Where the case is also matters. Every area has its own personality. Some areas are more sympathetic to claimants. Some areas are more sympathetic to wrongdoers. Some areas nickel and dime even the most credible claim. Other areas are more generous. All of these and other factors must be artfully presented to the jury. Finally, once a jury has rendered a verdict in your favor, the defendant must have the ability or the insurance to pay.

If an insurance company is offering you a settlement, talk it over with an attorney first to see what all the variables are for your case. Make sure that your injuries, including future medical issues arising from your current injuries, are being adequately addressed. It's always a good idea to double check with a second source. blb (205)912-8248

Why An Expert Witness?

Sometimes expert witnesses are simply required in an injury case. An expert witness is a witness who has knowledge not normally possessed by the average person. This expert knowledge can result from higher or specialized education. It can also result from experience. An expert witness can testify if their testimony would help the jury understand an issue that the average person would not know. An expert is sometimes required, however, when the cause of an injury is not clear.

For example, in an injury case that results in death or serious injury, often the witnesses are deceased or unable to testify because of their injuries. A specially trained expert can reconstruct an accident scene from black box data, video and photos taken from the scene, measurements of skid marks and bystander statements and show with remarkable accuracy what happened. When someone falls for no apparent reason, a special type of mechanical engineer can examine the floor, stairs, ramps and such to determine if certain building code violations caused the fall. When a mechanical failure causes a car or truck to crash, only an expert witness can show which product caused the mechanical failure and how.

In these situations, and some others, the failure to utilize an expert witness will cause your case to be dismissed. Of course, expert witnesses can also eliminate injury causes. If you suspect that something caused an injury, an expert witness may be able to investigate and relieve your suspicion or concern. Sometimes eliminating a cause can be as much of a relief to an injured person and their loved ones as finding a cause.

Whether an expert is required should be analyzed early on and if it is determined that an expert is needed, they should be retained early. blb (205)812-8248

18 Wheelers Have Rules in Place to Protect Us All

In 2009 there were reportedly 3,200 deaths in accidents involving big trucks. As much as one-third of all commercial motor vehicle crashes are due to fatigue, according to the NTSB. In order to try and prevent crashes caused by fatigue, rules and regulations are in place which limit the amount of time a driver can spend behind the wheel.

Even though regulations exist, companies routinely push their drivers to exceed their driving hour limits in order to increase productivity and profits. If you have been injured by a commercial vehicle, you should contact an attorney to review your case. GDH (205)912-8251

Do you have a personal injury case?

If you are hurt and think somebody else is to blame, these simple questions will help you assess your case:

WHO could be held liable? Did the wrongdoing of somebody else cause or contribute to your injury, and whose was it?

WHAT is the extend of your injury? Is it permanent or temporary? Did you lose time from work? How much? How much money did you spend on medical bills; how much do you owe? Did you suffer pain or emotional trauma?

WHERE did the injury happen? This affects who can be found liable. For example, did it happen at work, in a mall, or a highway?

WHEN did it happen? If you wait too long to file a claim, you may be out of luck because of rules setting deadlines for filing. In some cases, these rules require making a claim in six months or shorter.
blb (205)912-8248

Thirteen Year Old Child Cannot Be Held Contributory Negligent in Motor Vehicle Accident

In Alabama most children thirteen years and younger cannot be held liable for accidents they are involved in. Unfortunately, young children are often struck as pedestrians by motor vehicles. If you believe your child may be at fault for running out in front of a vehicle, you need to check the facts. The driver’s speed, weather conditions and other factors may determine the outcome of your case. A child may recover against another party if it can be shown that the other party is at least 1% at fault If your young child has been injured by another party it is important that you contact an attorney to review your individual case. Pbk (205)912-8245

What Are Your Options If You Are Injured By A Water Craft?

There are numerous waterways in Alabama. They reach from the Tennessee Valley all the way to Mobile Bay and Orange Beach. What happens if you are injured by someone who negligently operates their water craft? Water crafts have liability insurance policies just like your motor vehicle.

Each holiday there are multiple reports of boating accidents. Many occur at night, but they also occur during the day. It was reported that two boats collided on Lake Martin over the July Fourth weekend. Multiple people were flown by helicopter to local hospitals with life threatening injuries. Authorities say that alcohol played a major role in the boating accident.

Accidents that occur on waterways can be very difficult to determine fault. There are rules that must be followed when driving a boat just like rules for motor vehicles. If you have been injured in a boating accident you should contact an attorney to help with your case. Pbk (205)912-8245

Car Wrecks Involving Soft Tissue Injuries

Have you ever experienced a day of yard work or heavy lifting and realized a few days later that you injured yourself? The same concept relates to car wrecks. Whether it is a low impact collision or a violent collision, your body produces adrenalin as a protective measure to relieve trauma. Often times an individual fails to realize he or she is injured after a car wreck. It is important to seek medical attention immediately following a motor vehicle collision.

The first responders to an automobile accident are typically the police. When they arrive they will ask you if you are in need of an ambulance. It is always better to be on the safe side and have an EMT check you out after a car wreck. Often times neck and back injuries are due to the sprang and strain of muscles, but it can be much more serious. Neck and back pain from an automobile collision can be caused by bulge discs, disc protrusions, or even herniated discs.

Remember, your body does not always recognize right away that it is injured. Car crash injuries can be very complex and tricky. When in doubt you should always seek medical treatment from an emergency room or family physician. Pbk (205)912-8245

Why be afraid of the jury?

A jury is a group of people who, under oath, are given a question by a court and answer with an impartial finding of fact. People sitting on a jury must be qualified. For example, they must be legal citizen, they cannot have been convicted of a felony and they cannot have such prejudice for or against any element of the question submitted that they cannot be impartial. In its simplest form, a jury sees, hears, smells and sometimes touches evidence and determines the truthfulness of it.

Almost every defendant is silent or denies guilt. The jury hears the tension in the defendant’s voice, sees the expression of the defendant’s face, and determines if the denial is credible or not. If the defendant smells or acts intoxicated, the jury can decide if that simple fact impacts credibility or not. The jury considers all of the evidence that supports or challenges the defendant’s claims.

The jury tempers the law with what is acceptable in our community. What is, for example, obscene? What is, for example, harassing? What is, for example, abusive? Only the jury can say. What jury, seeing that a company or person acted fair and just, would rule against it? What jury, seeing that a person made a false claim, would rule for him or her? Juries have an uncanny ability to recognize a false claim.

On the flip side, if the defendant is cheating people, isn’t that bad for everyone. Good business helps everyone. Bad business is bad for everyone – even other businesses.  Imagine a claim against your company. Although not legally permissible, imagine that the jury is made up of your company’s customers, employees and vendors.  If you follow good business practices, you are delighted. Otherwise, maybe you are afraid of the jury. blb (205)912-8248

A positive drug screen may be negative for your case

Often if a motor vehicle crash results in serious injury or death, the drivers are tested for various drugs. If the drug test shows drugs in their system it may have a serious negative impact on the case.

First, if it can be shown that the drugs caused or even contributed to the crash itself, that showing would be a complete bar from recovery in Alabama. Even if the drugs are not shown to cause or contribute to the crash, however, they may negatively impact the case.

Ultimately, juries determine the value of a case and jury members are slow to grant awards to drug users. In fact, it is common for juries to rule against a drug user altogether. This is a situation that simply requires legal representation. If the positive drug screen was due to the fact that the driver was taken prescription drugs, the appropriate evidence must be mustered to prove that fact. If the positive drug screen was simply false, it must be challenged.

Drug screen challenges vary widely including breaks in the chain of custody which allow for contamination, improper sampling, outdated or ineffective testing methods, laboratory cross-contamination and so forth. If you are faced with this situation, avoid the temptation to ignore it hoping it will go away. Instead, retain legal representation sooner rather than later and attack it head on. blb (205)912-8248.

Claims Involving Single Vehicle Accidents

Do you have a claim if you have been injured in a single vehicle accident? Yes, you should always contact your insurance company after an accident. Most insurance policies have a coverage to pay for your medical bills. The coverage for medical bills varies from policy to policy.

You may also have a claim against the manufacturer of your vehicle or vehicle parts. Single vehicle accidents are not always the fault of the driver. What if you have a tire malfunction? There have been thousands of claims against tire manufactures for faulty tires.

What if the accident is your fault, but your seatbelt fails? A federal court jury returned a $19 million dollar verdict against Ford Motor Company for the failure of their seatbelts in a 1998 Ford Windstar. In this particular case it was determined that there was a design defect within the buckle of the restraint system. Luckily the Plaintiff’s in this case contacted an attorney to preserve evidence. pbk (205)912-8245

Are You Having Trouble Settling Your Injury Claim Because Of Medicare?

Injury claims that involve Medicare recipients are becoming more and more difficult to settle because of Medicare’s involvement. If you have been injured by someone and have Medicare you need to take the proper steps immediately.

Medicare has an automatic lien against you and/or the insurance company for money paid to you. What does this mean? It means they have to be notified of any potential insurance claims you might have. For example, if you are injured by another motor vehicle, Medicare in entitled to reimbursement for any payments they have made to you by the insurance company.

Unfortunately, Medicare claims can prolong the settlement of your case. When you are injured in an accident you need to contact Medicare in writing immediately. After your initial contact with Medicare it will take them around 65 days to send you a Conditional Payment letter. Your Conditional Payment letter described how much they have paid on your behalf. The insurance company will not settle with you without this letter.

Dealing with both the insurance company and Medicare can be very frustrating. It is almost always necessary to consult with a competent attorney in such cases.  PBK (205) 912-8245

Have You Been Injured By A Drunk Driver?

Drunk drivers should not get away without being punished. Did you know that most drunk drivers who injure people never get prosecuted for their actions. Why? Unless a drunk driver seriously injures or kills someone most District Attorneys will not bring a charge for assault or battery.

You should ask yourself, what can I do to make sure a drunk driver is punished. If you or someone you know is injured by a drunk driver you can bring a civil action against the drunk driver. By definition a drunk driver is consciously acting with disregard for the safety of others. This act subjects the drunk driver to punitive damages. Punitive damages are additional money damages that the drunk driver must pay for his actions. Punitive damages are only recoverable when a party is engaged in oppression, fraud, wantonness, or malice with regard to the plaintiff.

If you are injured by a drunk driver make sure they are held accountable. PBK (205)912-8245

Can A Restaurant Be Held Liable In A DUI Case?

A national restaurant chain has admitted liability in a 2008 drunk driving case. A 20 year old student was killed while riding his bicycle after being struck by a restaurant patron. The restaurant patron was over-served alcohol while dining at the restaurant. The lawsuit named the restaurant and four restaurant senior executives. The attorney for the deceased based his claim on the Dram Shop law. Under the law, commercial establishments can be held liable for injuries or death that results from patrons involved in drunk driving accidents. A $1.5 million settlement was reached in this case. PBK (205)912-8245

What If You Are Injured By Someone Who Does Not Have Insurance?

In the state of Alabama it is against the law to operate a motor vehicle without liability insurance. According to the Insurance Research Council (IRC), 13.8% of all motor vehicles in the United States have no liability insurance. What happens if you are injured by one of these vehicles?

In Alabama you carry on your own automobile insurance what is known as Uninsured Motorist Coverage (UM). This is an automatic coverage on all motor vehicles insured in Alabama. Basically, you pay a small premium to cover yourself and others in the event you are injured by an uninsured motorist. You don’t even have to be injured in your own vehicle to use this coverage. Remember, you pay an additional premium for this coverage, so use it. PBK (205)912-8245

Trauma and Perception

A friend called me from the scene of a crash recently. He called more as a friend than as a lawyer. He said that he had run a red light and been hit by a truck. He was ultimately taken to the hospital by ambulance. My advice to him was not to make any comment at the scene, not to admit fault and not to apologize. This advice was not based so much in the law (although it would be good legal advice). Rather, it was based on numerous investigations I have participated in after a traumatic event.

In the purest sense, perception is impacted by trauma. People often recall that "time slowed down" or that "all I could see was ....". Adreneline rushes into the bloodstream and such that catastrophically injuried people don't feel pain or don't feel it as intensley. People with compound fractures or other obvious wounds say that they are o.k.

In the not so purse sense, other drivers or witnesses may rush to distort what happened in an attempt to get your agreement or acquiecense. The best policy is not to comment until you have had time to appreciate what really happened.

In my friend's case, the other driver admitted to running the red light and several witnesses supported that he, in fact, did. It seemed to my friend that he had run the red light when, in truth, he did not. There is usually an opportunity to right a wrong or even apologize AFTER you have had time to investigate and know what really happened. Rushing to accept blame too early is almost always a mistake. blb (205)912-8248

Depositions: Just Tell It

There is something refreshing about being in a deposition with a witness that just tells it. Facts that may otherwise be damaging are often neutralized when they are addressed truthfully and head on. One of the most important steps in any lawsuit is deposition. One of the most important steps in any deposition is preparation.

Working with your attorney BEFORE the deposition is essential.  A competent attorney can help you confidently answer any deposition question. During deposition preparation, just be candid with your attorney about anything you might be embarrassed about or ashamed of. It is understandable that you may be ashamed or regretful about something in your past. Most likely, your attorney can assure you that you are not alone. More importantly, he can help you cope with being questioned about it. Sometimes how you were injured or the injury itself is embarrassing.

Hoping that nobody will ask you about it is not a practical method. Almost always, anything you try to hide becomes a true liability to your case. Trust your lawyer and tell him or her about it. This process may take several hours and it is worth the time investment. A successful deposition preparation may not take all of the stress out of a deposition. However, it should give you the confidence to just answer questions truthfully whether they are difficult or not. The goal should be honesty. Working with your attorney should make honesty the only policy. blb (205)912-8248

Demand Investigation

After suffering an injury, the next logical step often seems to be a demand. There are many steps, however, that should be taken before a demand is made. Consider that after a demand is made, witness statements may change. After a demand is made, faulty equipment may be repaired. After a demand is made, warning signs may be erected. The list is endless. Make sure that the investigation is complete before you make a demand on the other side. blb (205)912-8248

Get Your Spare Tire Checked

We are seeing more cases involving spare tire failure. This situation was highlighted when Firestone recalled the Firestone ATX tires but failed to recall the spare. The spare had the same defect which resulted in injuries. Often times the spare may look normal or have good tread but actually be defective. Also, there have been numerous reports of donut spare tires (the smaller spare tire) exploding. Injuries resulting from spare tire failure are often overlooked because they may result in a single vehicle crash.

If you have not done so recently, you should have your spare tires inspected by a tire professional. If you suspect a spare tire may have caused an injury, we welcome the opportunity to investigate the claim. Call (205)912-8248.

Three Pro-Consumer Insurance Reforms

The insurance industry is in dire need of reform. For too many insurance companies, profits have clearly trumped fair dealing with policyholders. The industry has done all it can to maximize its profits and rid itself of claims. Insurance leaders have lost sight of their legal and ethical responsibility to policyholders. Now they answer only to Wall Street. The time is due for insurance reform that will level the playing field for consumers.

1. Require Insurers to Work in Good Faith with Consumers
Many states have introduced, and some have passed, "Insurer Fair Conduct" bills which establish a private right of action by a first and/or third party against insurers for failure to act in good faith. Insurers must be held to fair conduct standards when evaluating and settling claims.

2. Require Prior Approval of Rate Increases
Require insurers to obtain commissioner’s approval of proposed rate increases of 10 percent or greater, and authorize interested parties to intervene in rate proceedings. In most states, insurers can raise rates without the approval of the Insurance Commissioner. Rates are either automatically approved absent action on the part of the Commissioner, or the Commissioner has no authority to disapprove increases. The goal is to explicitly authorize— or even require—the Commissioner to hold a hearing prior to approval.

3. Establish an Insurance Consumer Advocate
States should ensure there is a consumer advocate either on the state’s Insurance Commission or within the office of the Insurance Commissioner. Some states have already done so. For example, in 1991, the West Virginia legislature created the Office of Consumer Advocacy, charged with representing consumers’ interests in health care issues. The Consumer Advocate is also authorized to represent the public interest in matters coming before the Insurance Commission.

(Reprinted from: The American Association of Justice publication, "The Ten Worst Insurance Companies." http://www.justice.org/cps/rde/xbcr/justice/AAJ_Report_TenWorstInsuranceCompanies_FINAL.pdf

Riding Lawnmower Safety

We are seeing a lot of injuries coming from riding lawnmowers. As summer is underway and you are out cutting your grass, make sure to follow some safety procedures to protect you and your family from serious injuries.

1. Make sure to wear shoes whenever you cut the grass.
If you do happen to fall off the lawnmower, your feet are obviously more protected with shoes on. You never count on falling off, but it happens more than you might think.

2. Beware of steep inclines on your property.
If you hit the angle of your incline improperly, your riding mower will flip with you on it. This can not only put you in danger of the sharp blade, but can also put the full weight of the mower on your neck, head or spine. Have a roll bar and seatbelts installed on your mower if you are going to cut those steep inclines yourself. Contact your mower manufacturer about where to purchase these.

3. Wear safety goggles.
You only get one pair of eyes. Rocks and debris are flying around at amazing speeds while you are cutting the grass. You have no idea when or if something will land in your eye. If you don’t want to look like the mad scientist out there cutting your yard, you can purchase that look like regular sunglasses.

4. Wear ear protection.
Don’t underestimate the damage that is occurring when using loud machinery. Studies show that by using earplugs or other ear safety devices, that you are significantly protecting your hearing.

If you happen to get injured while using your mower, we welcome the opportunity to review your claim. Please call (205)912-8248. Be safe. Be good. Enjoy your summer!

If I Was In An Accident, Do I Need A Lawyer?

There are all those advertisements by lawyers on television that say you must have a lawyer to protect your rights. Then there is the insurance company that is handling your claim that insists that they are doing everything necessary for you. Who do you believe?

It should never hurt you to consult an attorney. Many law firms, such as ours, will meet with you and even make initial consultations at no cost to you.  It is a good idea to at least consult with a reputable attorney to make sure that you are informed about your legal rights and duties. The law changes every day and a lawyer should be able to inform you. Insurance companies will certainly tell you about changes in the law that benefit them, but they do not have a duty to inform you of your rights.

What If I Think My Child Was Injured by a Vaccine?

Some vaccine manufacturers have put profit ahead of safety. As a result, children have suffered anaphylaxis or anaphylactic shock, encephalitis, chronic arthritis, measles, polio, and so forth. Some children have even died. In response, the National Childhood Vaccine Injury Act was passed around 1986.

A vaccine injury claim under the Act must be filed with the U.S. Court of Federal Claims in Washington, DC. A claim under the Act precludes a claim in a local court. There are fairly short deadlines for filing the claim so it should be filed as quickly as you suspect an injury is caused by a vaccine. Once filed, the claim is broken down into two phases: "entitlement" and "damages". The U.S. Department of Justice files an objection to the claim.

Overall a vaccine claim takes longer than a typical tort claim. First, a special master (rather than a judge) decides if the vaccine was more likely than not the cause of the injury. If not, the special master’s decision can be appealed. If so, the claim moves forward for a damages determination. As with causation, damage claims may need to be supported with expert witnesses. A monetary award may be given for past medical bills, future medical bills, lost wages, lost future wages, non-wage economic loss.

The average injury damage award hovers around $1 million. Monetary awards for death cases are limited to $250,000. Attorney fees may not be based on a contingency percentage. Rather, the attorney must submit a separate petition for hourly fees and expenses to the special master.

If your child or someone you know has been injured by a vaccine, contact a reputable attorney as soon as possible. Your time to file a claim is limited.

Never Sign A Release Without Consulting An Attorney

If you have been injured by someone else, never sign a release without first consulting an attorney. Never. A release is a piece of paper that in any way says you forgive someone. Even if you are offered a check, don't sign a release, no matter what your financial situation is.

Even if you are offered a check, a reputable attorney will agree to represent you based on a percentage of what he or she recovers for you in addition to the check you've been offered. Then, the attorney will review the release as part of his or her service to you and give you sound legal advice on how to protect yourself and your future concerning medical costs, etc.

Moral of the story: Never sign a release until you talk to an attorney first.

What to do in an 18 wheeler crash:

Crashes involving big trucks or commercial vehicles are complex and an attorney should be retained immediately. The responsibilities of the vehicle owner and driver must be analyzed under both federal and state laws, regulations, rules and ordinances. The applicable laws, regulations, rules and ordinances will depend on where the crash happened, where the company has a principle place of business and where the driver lives.

In addition to this analysis, some of the things your attorney may help you with are:

Document the scene of the accident
The best way to do this is by video as quickly as possible. The video should show the scene of the crash from every angle paying particular attention to road conditions, tire marks, gouges in the road surface, strike impressions (these often wear off over time), traffic signals (and controls) drop off, the vehicles, etc. A video from the dash of a comparable vehicle approximating the speed at the point of impact is sometimes pivotal. Photographs will ultimately be needed for presentation.

Interview witnesses
Again, if the witness will agree, the best way to do this is by video.

Secure the vehicles
Many claims require that the vehicle be kept in the crashed condition. If the vehicle is repaired or destroyed before the claim is resolved, the claim may be lost.

Get the records
Determine the driver’s history, the company’s Department of Transportation compliance history, insurance information, incident reports, "black box" data, 911 tapes, etc.

Retain experts
Make an early determination concerning the experts that will be needed to make your claim. For example, biotechnical engineers, accident reconstruction engineers and safety experts are common in these cases.

The work up of cases involving big trucks and commercial vehicles is more urgent than most cases. Many companies have teams on call to respond when their trucks or vehicles are involved in a crash. Often, these teams are working up the scene before the vehicles are towed from the scene or while the injured people are treated. A delay of even a day before you retain an attorney gives them a distinct advantage.

If you have been injured in a trucking crash, we welcome the opportunity to work with you. (205)912-8248