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Crosswalk Injury Claims in Alabama

Mar 31, 2021 - Personal Injury by

Our Tuscaloosa Injury Attorney is Ready to Handle Your Claim If you’ve been injured as a pedestrian in a motor vehicle accident, then Alabama law may entitle you to a significant amount of damages as compensation.  Pursuing compensation under Alabama law isn’t always straightforward. There are unique issues in pedestrian accident law that can complicate the dispute and make it more difficult to obtain damages.

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Maximizing Damage Recovery for a Work Injury

Mar 19, 2021 - Workers' Compensation/Work Injury by

An Experienced Tuscaloosa Work Injury Lawyer Can Help If you’ve been injured in a work-related accident, then — if workers’ compensation covers you — you may be entitled to workers’ compensation benefits.  Though valuable, these benefits may not fully cover your damages. For example, workers’ compensation covers lost wages and medical expenses, but it does not cover the pain and suffering that are associated with your injuries — in many cases, the pain and suffering damages can be substantial, just as much as (if not more than) the actual medical expenses or lost wages.

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Suing for Swimming Pool Injuries: Know Your Rights

Feb 26, 2021 - Personal Injury by

Let an Experienced Tuscaloosa Personal Injury Attorney Help If you’ve been injured due to a pool-related injury in Alabama, then you may have a right to sue and recover damages from the pool owner.  Swimming pool injuries are common, but few plaintiffs understand how liability works in this context.  Let’s take a closer look.

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Establishing Notice for an Inadequate Security Claim

Feb 12, 2021 - Personal Injury by

Work With an Experienced Tuscaloosa Injury Attorney  In Alabama, if you’ve been injured due to third-party criminal activity on another’s property (such as a retail store), then you can sue the property owner for damages based on an inadequate security claim.

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Auto Accidents: Who’s Responsible for Crashes Related to Defective Tires?

Jan 29, 2021 - Car Accidents by

Work With a Tuscaloosa Auto Accident Attorney Defective tires can lead to serious car accident injuries. For example, a defective tire could explode at an inopportune moment or could be imbalanced (due to an air leak), making you lose control and crash. If you’ve been injured in an auto accident due to a defective tire, then Alabama law may give you a right of action against the manufacturer (and potentially against other parties, too).  However, it can be difficult to understand how defective tire liability works, so let’s take a brief look at some of the basics.

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Work Injuries: What If I’m Assaulted at Work?

Jan 15, 2021 - Workers' Compensation/Work Injury by

An Experienced Tuscaloosa Work Injury Lawyer Can Help In the workplace, not all injuries are caused by “accident.” In fact, it’s not altogether uncommon for a worker to be injured due to a physical attack engaged by either a co-worker or a customer. Our Tuscaloosa work injury lawyer knows that the injured worker may have a right of action under Alabama law to sue and recover damages under these circumstances.

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Injured After Misusing a Christmas Gift? You May Be Able to Sue for Damages

Dec 31, 2020 - Dangerous Products/Liability by

Let our Tuscaloosa Injury Attorney Help The winter holiday season is a time of gift-giving, and that also means that product injuries could be on the rise as new customers open up and use their brand new gifts — some of which may be defective. But what happens if you use a product in a way that the manufacturer didn’t intend — can you sue and recover damages from the manufacturer? Maybe. Let’s take a closer look! Strict Product Liability at a Glance In Alabama, a product is defective if it is unreasonably dangerous to the end-user.  If you are injured by your use of a product, then you may be able to sue and recover damages from the product’s manufacturer, so long as the defective nature of the product is what caused your injuries. Alabama law makes it somewhat easier to successfully establish liability, as you need not show that the manufacturer was “negligent” in creating the defective product — you need only show that the product was defective and that it caused an injury. Foreseeable Use So, what happens if you are injured due to your use of a product — but your use of the product was not as “intended”?  That’s an interesting issue that many prospective product defect plaintiffs run into. In Alabama, as in other states, product defect liability can still be imposed on manufacturers if you — the user — has used the product in a way that was unintended by the manufacturer, so […]

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Recovering Damages From a Drunk Driving Defendant

Dec 17, 2020 - Car Accidents by

Our Tuscaloosa Injury Attorney Will Fight for You The winter holidays are a busy time for Americans, from Christmas shopping to end-of-year social events with family and friends— even with the Covid-19 pandemic discouraging many from socializing in the same way that they would in previous years. Unfortunately, not all news surrounding the holidays is positive.  With the winter holidays (and an increase in road traffic) comes an increase in motor vehicle accidents, in many cases driven by holiday alcohol consumption. If you’ve been injured by a drunk driver over the holidays, then you may be entitled to significant damages as compensation.  In fact, bringing a motor vehicle lawsuit against a drunk driver has its own unique opportunities — let’s go ahead and briefly explore them. Establishing Negligence In a “standard” motor vehicle accident dispute, the injured plaintiff has to prove that the defendant-driver acted negligently, recklessly, or intentionally — and that this misconduct caused the plaintiff to suffer injuries.  Establishing fault can be difficult in some cases, depending on the facts. In a drunk driving lawsuit, by contrast, the plaintiff need only show that the defendant’s intoxication caused the plaintiff to suffer injuries.  Negligence is “assumed” thanks to a principle known as negligence per se. In other words, driving while under the influence of alcohol is considered an act that is fundamentally “wrong,” and as such, there is no need to prove that the defendant’s conduct rose to the level of negligence, recklessness, or intentional misconduct.  This can make […]

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Common Reasons for a Workers’ Compensation Claim Denial

Nov 30, 2020 - Workers' Compensation/Work Injury by

Let an Experienced Tuscaloosa Workers’ Compensation Attorney Help Workplace injuries are common.  In Alabama, employees who suffer workplace injuries may be entitled to workers’ compensation, which can cover their health expenses, but workers’ compensation claims are often denied — that can put the employee in a financially and emotionally vulnerable situation. If you would like to get in touch with an experienced Tuscaloosa workers’ compensation attorney, we encourage you to contact Cross & Smith to schedule a free consultation regarding your case.  Call us at 877-791-0618 or send us a message online today. Here at Cross & Smith, our team has decades of experience working with personal injury claimants, including those who have been injured in a work setting.  We understand how best to navigate the challenges of a workers’ compensation-related dispute, and what is necessary to secure the maximum compensation for our clients (under the circumstances). For now, let’s take a brief look at some of the common reasons behind a workers’ compensation claim denial.  It’s worth noting that if your claim is denied, you may be entitled to challenge the adverse decision and potentially sue to recover benefits. Failure to Notify Employer in a Timely Manner In Alabama, notice of the accident and injury must be given to the employer within five days of its occurrence.  This is a rather short time period, so it’s important not to delay before getting in contact with a Tuscaloosa workers’ compensation attorney who can manage the procedural requirements in a timely […]

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Workplace Injuries — When Can You Sue Your Employer?

Nov 16, 2020 - Workers' Compensation/Work Injury by

Seek Help From a Tuscaloosa Work Injury Lawyer In Alabama, workplace injuries — particularly in certain high-risk industries, such as construction and manufacturing — are rather common.  Employees who are injured in the workplace may be wondering what their options are for suing and recovering damages from their employer.  We recommend that injured employees get in touch with a qualified Tuscaloosa work injury lawyer at Cross & Smith for further guidance. Suing one’s employer is a worthwhile option, if available.  After all, workers’ compensation benefits, though useful, can be somewhat limited by comparison.  Workers’ compensation provides for health expenses, for example, but not for the losses associated with pain and suffering. Let’s take a closer look. Workers’ Compensation Prevents Negligence-Based Claims Workers’ compensation protections prohibit employees from bringing negligence-based claims against their employers.  Instead, any employees who are injured at work are meant to submit a claim for workers’ compensation to obtain benefits that can cover their losses (at least in part) — this is meant to serve as a tradeoff for being able to secure benefits even in cases where the injury was not caused through any fault of the employer. If you are an employee who was injured in the workplace, it’s important to understand that you are not left without options for a lawsuit, however — you may still be able to bring a lawsuit against your employer for intentional or reckless misconduct.  Further, if a third-party contributed to your injuries (i.e., a contractor, or passersby), then […]

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Hear What Our Clients Have To Say

"ast year when my husband was injured in a car accident, I contacted Dell Cross. Immediately he and his wonderful staff went to work gathering all the information necessary to settle our claim. He explained every process, kept us informed and handled everything from the insurance companies down to the smallest bill. He made himself available to us anytime day or night, answering our questions and dealing with our concerns"
Posted By: Alice Kirkland

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