Black Lung Claims and the Alabama Mining Industry

Jan 13, 2014 - Personal Injury by

Two years ago, the Walter Energy firm selected Tuscaloosa County as the site of a six-year, $1.2 billion energy project that would result in the creation of a new coal mine from scratch. The Blue Creek Energy project is currently underway, and is expected to begin production of 4 million tons of coal for global steel mill export by 2018. Roughly 530 jobs are expected to spring from this venture. This has all been good news for the region. Our Tuscaloosa personal injury attorneys are cautiously optimistic that the new firm will take all precautions necessary. Still, far too many mining veterans are suffering health consequences, including pneumoconiosis, or “Black Lung,” a diagnosis that has plagued the coal industry for decades. Unfortunately, the coal industry has historically had a poor reputation with regard to protecting workers from this fatal, yet preventable, condition.

Read More

Expert Witnesses Critical Element in Alabama Medical Malpractice Claim

Jan 11, 2014 - Medical Malpractice by

Anytime there is a claim of medical malpractice in Birmingham, one of the things your legal team will do is secure a knowledgeable and reliable witness who can testify as that the medical provider breached the applicable standard of care. Alabama Rules of Evidence, Article VII, Rule 702, an expert witness is someone who, by experience, training, knowledge, skill or education, is able to testify as to a technical, scientific or other specialized information in a case. The testimony of these individuals, based upon scientific procedure, methodology, principle or theory, is allowable only if the testimony is founded upon a sufficient bedrock of data or facts, is the product of reliable methods and principals and those methods and principals have been reliably applied to the facts of the case. In medical malpractice cases, the Alabama Medical Liability Act stipulates that only similarly situated health care providers can provide expert testimony in a medical malpractice case. The guidelines are rather technical, but essentially, if you are suing a medical doctor, you want to have another similarly-trained or experienced medical doctor who is willing to testify on your behalf.

Read More

Tuscaloosa Medical Malpractice Claims Often Stem From “Routine” Procedures

Jan 7, 2014 - Medical Malpractice by

Recently, the cases of two young children left brain dead have captivated the country, after both girls underwent what were supposed to be “routine” medical procedures. In one case, a 3-year-old girl from Hawaii has been declared brain dead after suffering cardiac arrest while undergoing a root canal. It was later determined the girl was given a large dose of powerful medications during the procedure, and may not have been properly monitored. In California, the family of a 13-year-old girl is embroiled in a bitter legal battle over whether they should be allowed to press for continued care after she was declared brain dead following a reportedly botched surgery to correct her sleep apnea.

Read More

Hall v. Jones – Establishing Alabama School Employee Negligence

Jan 6, 2014 - Birmingham by

Our Birmingham personal injury attorneys know that when we send our children to school, we expect they will be adequately supervised and that those we entrust with the well-being of our youth will guard their safety. In Hall v. Jones, a Jefferson County case recently reviewed by the Alabama Supreme Court, this did not happen, according to the plaintiff, a mother of a boy seriously injured at school. According to court documents, the incident arose out of a fight between two teenage boys engaged in a game of basketball in a middle school physical education class. Jones was the physical education instructor in charge at the time of the incident.

Read More

Uninsured-Motorist Accidents a Common Cause of Hit-and-Run in Tuscaloosa

Dec 27, 2013 - Car Accidents by

An Alabama man is facing charges of leaving the scene of an accident after allegedly hitting a car with mother and child inside before fleeing, according to news reports. A witness to the crash called police and followed the 35-year-old Limestone County man onto Highway 252, where he was stopped by the Alabama State Patrol. Our Tuscaloosa car accident lawyers understand that hit-and-run car accidents are on the rise nationwide for a number of reasons. According to USA Today, hit-and-run accidents are on the rise in many areas across the nation. And these crimes often complicate financial recovery for victims and can prove difficult for law enforcement to investigate and solve.

Read More

Ford Motor Co. v. Washington – Car Accident Injury Claims Can be Complex

Dec 18, 2013 - Car Accidents by

There is an erroneous belief that someone filing a Tuscaloosa car accident lawsuit doesn’t have a high burden of proof or that the case will be generally less complex than other types of injury claims. On the surface, this makes sense. After all, accident reports are usually quite clear: “Vehicle 1 strikes Vehicle 2. Driver of Vehicle 1 is at fault.” End of story. Right? That’s seldom the case, as Fort Motor Company v. Washington, Arkansas Supreme Court, shows. What started as a simple car accident injury claim ended in a 13-year struggle after the case evolved into a product liability action against one of the largest auto manufacturers in the world.

Read More

Worden v. Kirchner – Timely Filing of Injury Complaint Critical

Dec 17, 2013 - Medical Malpractice by

In order to ensure that your Alabama medical malpractice claim has the best chance of success, the importance of a timely filing cannot be overstated. Failure to do so can result in having your claim dismissed before it is ever even considered by the courts. Generally, it’s a pretty straightforward rule. Alabama statutes hold that you have two years from the time that the alleged malpractice occurred within which to file your lawsuit. After that you lose your right to sue. However, there are exceptions. They are very specific, though, and you should expect the defense to fight you tooth-and-nail over an exception request.

Read More

Birmingham Child Injury Litigation: High Chair Incidents Up 22 Percent

Dec 17, 2013 - Birmingham by

Every hour, a child is rushed to the emergency room for a high chair-related injury. That’s according to a new report published in the journal Clinical Pediatrics, which also found that the number of high chair injuries has spiked by 22 percent in the last decade. Researchers from the Nationwide Children’s Hospital and the Center for Injury Research Policy analyzed data provided for years 2003 through 2010, finding that during that time nearly 9,500 children suffered an injury that involved a high chair or booster seat. While the information is not broken down by state, Birmingham injury lawyers believe the number of instances here are on par with the rest of the country.

Read More

Gore v. Lafarge North America Inc. – Establishing Alabama Work Injury As Disability Cause

Dec 14, 2013 - Workers' Compensation/Work Injury by

In filing a Tuscaloosa workers’ compensation claim, employees need to be mindful of the fact that their medical history could become a significant matter for the court’s consideration. In securing workers’ compensation, it is key to establish that not only did you suffer a job-related injury, but that this injury was disabling to some extent and that the work injury was the sole cause of that disability – or at least that it was a significant contributing factor. Such was the challenge for the plaintiff in Gore v. Lafarge North America Inc., whose Shelby Circuit Court complaint was recently reviewed by the Alabama Court of Civil Appeals.

Read More

Alabama Court: Pharmacy Error Lawsuit Didn’t Require Expert Witness

Dec 5, 2013 - Birmingham by

The Alabama Supreme Court recently sided with a plaintiff seeking damages against a grocery store pharmacy for injuries she suffered after she was given the wrong prescription. Defense counsel in Morgan v. Publix Super Markets Inc. argued in their motion for summary judgment before the Jefferson Circuit Court that the plaintiff failed to make her case because she hadn’t produced an expert witness that would have established a breach of the applicable standard of care under the Alabama Medical Liability Act. However, in reversing the trial court’s earlier decision to grant that motion, the Alabama Supreme Court found that a pharmacy’s negligence in dispensing the wrong medication is so straightforward that the plaintiff didn’t need the testimony of an expert witness to prove it.

Read More

Hear What Our Clients Have To Say

"My father-in-law was involved in a horrible traffic accident. The firm was great at handling all of his questions. In the end they got him a great settlement, but the thing he remembers most is that the people at the law firm cared about him as a person. I would highly recommend them to anyone in need of legal services."
Posted By: Jaimie Copeland

Read More Reviews