Alabama Litigation Review

Alabama Litigation Review

Insights & Commentary on Developments in Alabama Litigation

Category Archives: Personal Injury

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Walmart Seeks To Delay Justice

Posted in Personal Injury, Supreme Court of Alabama, Workers' Compensation
In June, a Walmart driver slammed his truck into the limousine carrying comedians Tracy Morgan and James McNair. Morgan suffered severe personal injury. The collision killed McNair. The crash generated media discussion related to highway safety and, particularly, the safety of large commercial trucks on our roads. Morgan filed suit against Walmart seeking to recover… Continue Reading

Boston Scientific Suffers Another Trial Loss Over A Mesh Product

Posted in Defective Products, Federal Courts, Personal Injury
Last week, a Federal Court jury in Florida found Boston Scientific liable for the severe personal injuries caused by one of its transvaginal mesh products. The Florida case involved four women suffering tremendous problems from implanted mesh. The jury assessed $26.7 Million in damages against the company. This was not the first trial loss suffered by… Continue Reading

Did The Uninsured Driver Have First Class Legal Representation — Courtesy Of Your Insurance Carrier?

Posted in Personal Injury, Uncategorized
Another driver crashed into you on an Alabama highway. You suffered personal injury. The other driver does not have enough insurance to pay for your damages. Naturally, the other driver also has no money, assets, or other hidden treasure, that can pay for your damages. Thankfully, you have uninsured / underinsured coverage on your policy.… Continue Reading

Why Do Defense Neuropsychologists In Alabama Refuse To Disclose Test Data?

Posted in Personal Injury
“Alabama law is clear that information upon which an expert relies must generally be introduced into evidence.” Swanstrom v. Teledyne Continental Motors, Inc., 43 So.3d 564, 579 (Ala. 2009). So, why do defense expert neuropsychologists always want a pass? Why do these defense experts appear in brain injury cases, routinely offer harmful opinions, and then… Continue Reading

Trucking Companies And Unsafe Drivers

Posted in Personal Injury
Personal injury attorney Ken Shigley recently wrote a great post on “chameleon” trucking companies. In the industry, a “chameleon” is an unsafe trucking company that changes its name or re-registers to avoid liability or problems with its safety rating. The owners, equipment, drivers, and even address, usually stay the same. While the name on the… Continue Reading

Did Alabama’s Court Of Civil Appeals Decide To Protect Working Families?

Posted in Personal Injury, Workers' Compensation
Sometimes, our Court of Civil Appeals issues a decision that creates a little “buzz.” This is what happened last week when the Court released the workers’ compensation decision in Alabama Forestry Products v. Harris. Usually, I read the decisions when released (or at least over the weekend after the release). This time I did not.… Continue Reading

The Non-Independent Medical Examination

Posted in Personal Injury, Workers' Compensation
Attorneys who handle personal injury cases know that so-called independent medical examinations (IMEs) are really not independent at all. Instead, these exams are usually an effort by the insurance company and its defense lawyers to purchase a false and misleading opinion. Many of the doctors who perform these examinations are completely biased against the patient.… 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