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!