Practice Areas

Mar 30, 2018 - Personal Injury by Cross & Smith

Throughout the United States — and in the state of Alabama — punitive damages awards occupy a special place in popular culture, though many people may be unaware of its importance.  When civil lawsuits (non-criminal) capture the attention of the mainstream, it’s typically due to the existence of a sizable and perhaps disproportionate damage award. For example, a trip-and-fall injury case is not particularly noteworthy if the damages are $100,000 in total, but it may be picked up by various media outlets and make the nightly news if the damages rocket up to $10 million. What does this have to do with punitive damages? Well, put simply, punitive damages act as a multiplier for the “actual damages” in the case.  Suppose you have suffered a grand total of $500,000 in damages, including wage loss, medical expenses, and emotional damages, among other things.  If the court awards punitive damages, then your total compensation may be multiplied by some factor — say, three times — thus leading to damage recovery worth millions of dollars! If you have been injured due to another person’s reckless or intentional actions, then an Alabama court may award punitive damages.  Punitive damages are only infrequently awarded, however.  Given the inherent challenge in securing an award of punitive damages, it’s important to work with a qualified Tuscaloosa personal injury attorney who has experience successfully obtaining such damages on behalf of their clients. Punitive damages (sometimes referred to as exemplary damages) may be a rather confusing and unfamiliar topic […]

Feb 28, 2018 - Personal Injury by Cross & Smith

If you’ve been injured in an accident that was caused due to some mistake made by the defendant, then you might not be certain as to whether you have a legitimate claim through which you can sue and recover damages.  Liability does not necessarily attach to the defendant on the basis of a mistake.  Mistakes only give rise to negligence when the standard of care has been violated.  Negligence, and more generally, the concept of negligence — whether in Alabama or elsewhere — can be quite difficult for the average person (who lacks legal experience) to understand.  Fortunately, however, negligence is a straightforward concept at its core. The conduct of the defendant in a given accident scenario is perhaps best viewed as a point along a spectrum.  On one side is a basic mistake that other reasonable people would have made in similar circumstances — such mistakes will not give rise to negligence, and will therefore not attach liability to the defendant.  On the other side of the spectrum is intentional misconduct, where the defendant specifically intended to cause harm to you.  Finally, resting somewhere in the middle is negligence.  Negligent behavior is not specifically intended.  In fact, negligent behavior can be seen as a mistake that is “unjustified” by the circumstances. Demonstrating that the defendant’s conduct actually qualifies as “negligent” lies at the core of a successful negligence-based personal injury claim, in Alabama and elsewhere.  In order to do so, you’ll have to show that the defendant’s conduct violated […]

Jan 31, 2018 - Personal Injury by Cross & Smith

Few claimants are in perfect health at the time of an accident.  Whether the claimant has been dealing with a long-term degenerative condition, an illness, or a prior injury that is substantially similar to the one suffered in the accident at-issue, the bodily status of the claimant can vary wildly from case-to-case. If you have been injured due to the fault of another, you may be entitled to recover damages pursuant to Alabama law.  Pre-existing injuries and conditions can have a significant effect on the outcome of your lawsuit, however, so it’s important that you work with an experienced Alabama personal injury attorney who has a track record of success in obtaining favorable results for claimants with pre-existing injuries. As a general rule of tort law, in Alabama and elsewhere, the defendant — the individual or entity responsible for your injuries — is required to “take the plaintiff as they find them.”  This is known as the eggshell skull rule.  Essentially, the risk of encountering a particularly sensitive or physically-weakened plaintiff (whose damages may be excessive compared to the average person) must be absorbed by the defendant. For example, imagine that you have a condition that makes your bones much more likely to fracture in an impact.  Now, suppose that the defendant-driver collides with your vehicle at relatively low speeds.  As a result, you suffer serious fractures.  Despite the fact that your injuries are excessive in comparison to the average victim, the defendant may be held liable for your damages […]