Alabama Litigation Review

Alabama Litigation Review

Insights & Commentary on Developments in Alabama Litigation

Tag Archives: Personal Injury

Diversity Jurisdiction: Speculation On The Amount In Controversy

Posted in Federal Courts
I have not discussed Federal court diversity jurisdiction in a long time. Yet, the issue is important for attorneys handling significant injury claims. A SHORT DEFINITION OF FEDERAL COURT DIVERSITY JURISDICTION Federal courts are courts of limited jurisdiction. Generally, Federal courts have jurisdiction of claims under the U.S. Constitution, treaties and Federal statutes. Federal law… Continue Reading

The Importance Of Early Treatment For Traumatic Brain Injury

Posted in Personal Injury, Workers' Compensation
Recent research reveals that early treatment for traumatic brain injury is an important factor in patient recovery. According to an article discussing this research: Early rehabilitation interventions seem to be essential for how well a patient recovers after a severe brain injury. I have represented many individuals suffering from traumatic brain injury (TBI) over the… Continue Reading

A New Low In Attorney Advertising?

Posted in Personal Injury
In past posts, I’ve been critical of attorney advertising on television and billboards. These advertisements are a terrible way to find a personal injury attorney. On television, these characters stand on top of 18 wheeler trucks, wear capes, chase ambulances and talk about fast settlements. The attorney (or sometimes just an actor) tries to look… Continue Reading

The Value of Service: Hard Work is Required

Posted in Personal Injury
  I’ve spent a lot of time lately thinking about client service. Perhaps it is the recent news that Walgreens received an $80 Million fine after allegations the chain allowed huge numbers of dangerous narcotic painkillers on the black market. Maybe you are asking – What does this fine have to do with my thoughts… Continue Reading

Highway Safety And Emergency Responders

Posted in Personal Injury
I rarely write about my current cases. However, some cases present special safety issues. Over the last couple years, I’ve represented the family of a paramedic who lost her life while helping another accident victim on the Interstate. This paramedic left behind a beautiful baby girl and a grieving young husband. The facts are pretty… Continue Reading

Arbitration and Justice Denied

Posted in Personal Injury
On May 16, I wrote an entry titled Justice and Arbitration Fairness. The post discussed the impact of forced arbitration clauses upon families who have suffered personal injuries or damages from corporate wrongdoing. Since that post, the U.S. Supreme Court has issued several decisions which clearly reveal the destructive impact of arbitration upon justice. Welcome… Continue Reading

Justice And Arbitration Fairness

Posted in Personal Injury
Arbitration. What role should it play in our justice system? What role does it currently play? These are important questions if you have an interest in seeing that those injured are able to access the courthouse for justice. As Federal policy, arbitration began as a means for sophisticated businesses to resolve complicated commercial disputes privately.… Continue Reading

Families Can Take Action In Coping With Brain Injury

Posted in Personal Injury
The March calendar means basketball to some and springtime for others. However, March also marks Brain Injury Awareness Month.  As this month draws to a close, I am focusing on this serious injury that deserves, from a broad perspective, increased national and state awareness. An estimated 10,000 Alabamians sustain a brain injury each year, with 2-3 males… Continue Reading

Alabama Prepares to Enforce Mandatory Insurance Law for Drivers

Posted in Personal Injury
A personal injury from a car collision can be devastating. When another driver causes the crash and hurts you, he or she should take responsibility for your injuries. In Alabama, drivers are required to have liability insurance to protect others from their negligence. That’s the law. It’s important for our protection as responsible drivers. The… Continue Reading

Safety Manager Puts Profits Over People — Provides False Injury Numbers To Earn Huge Bonus

Posted in Personal Injury
In a post on the Alabama Injured Worker Forum, I wrote that Worker Safety Should Be A Top Priority For Government Contractors. Unfortunately, many government contractors put profits over safety. The result is too often a needless personal injury that devastates the worker and his family. In November, a jury convicted the former safety manager at… Continue Reading

Current Issues in Workers’ Compensation Discussed at Seminar

Posted in Personal Injury, Workers' Compensation
Earlier this month, Cumberland Law School sponsored its 26th Annual Workers’ Compensation Seminar. The speakers at this excellent program included a Judge on The Alabama Court of Civil Appeals and a well-known orthopedic surgeon. One of the afternoon sessions included a panel of four attorneys answering questions from the audience related to workers’ compensation in… Continue Reading

Upcoming Seminar — Advanced Personal Injury

Posted in Personal Injury
Ask most lawyers and they will tell you that seminars are typically boring. You sit in a bleak, windowless conference room. At the scheduled time, the speaker stands. The speaker then drones on and on until his time expires. By lunch, the audience is desperate for a break. After lunch, the audience is struggling simply… Continue Reading

Instant Verification for Liability Insurance in Alabama Becomes a Reality

Posted in Personal Injury
A 2011 study concluded that Alabama has the 6th highest rate of uninsured vehicles among all states. That statistic should alarm all responsible drivers on Alabama roads. Alabama law has required drivers to carry liability insurance for many years. This coverage is very important. Yet, a few drivers fail to act responsibly before driving and… Continue Reading

Trial Theme & Structure — A Compelling Story

Posted in Personal Injury
I recently read an interesting article from a successful appellate lawyer in Alabama, Mike Skotnicki. The article is on his blog. Mike discussed storytelling in appellate briefs. When attorneys think of appellate arguments they often picture a panel of scholarly judges discussing the finer of points of legal issues. Mike presented an interesting study concerning… Continue Reading