Category: Birmingham

Jan 22, 2014 - Birmingham by Cross & Smith

A single blow to the brain can kill. But even those that don’t can have long-lasting consequences, even when the full extent isn’t readily apparent in the immediate aftermath of a traumatic brain injury. That’s according to a recent study by researchers with the New York University Langone School of Medicine. Doctors there concluded that a single concussion – which is the most common form of brain injury in the U.S. – can have long-lasting impacts to the brain, ultimately resulting in sustained structural damage. Concussions are considered a “mild” traumatic brain injury. However, just because a head injury is considered “mild” on the scale of how serious brain trauma can be doesn’t mean it’s not compensable, or that there won’t be long-term consequences. Our Birmingham brain injury lawyers know brain injuries are among the most common traumatic injury risks, caused by everything from car accidents to youth sports.

Jan 18, 2014 - Birmingham by Cross & Smith

Property owners – especially those located in potentially hazardous surroundings – must ensure that the site is safe for those who enter. For example, that could mean keeping the floors dry or the walls and ceilings properly-patched. In the case of a fishery pier, it would mean proper maintenance of facilities and ensuring safe egress and ingress. These responsibilities are referred to as “duty of care.” When duty of care is breached, resulting in injuries, those affected may pursue filing a Birmingham slip-and-fall lawsuit. This is true even when there is evidence that there may have been some wrong-doing or negligence on the part of the person who fell.

Jan 6, 2014 - Birmingham by Cross & Smith

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.

Dec 17, 2013 - Birmingham by Cross & Smith

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.

Dec 5, 2013 - Birmingham by Cross & Smith

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.

Nov 19, 2013 - Birmingham by Cross & Smith

Recently, an article in the Huffington Post talked about the myth that medical malpractice claims are a primary contributor to high medical bills. This article aimed to shoot down that common misconception by pointing to data that illustrated the cost of medical malpractice in Birmingham and elsewhere has been dropping across the nation for the last 10 years. In 2003, there were close to 17,00 paid medical malpractice claims in the U.S., totaling close to $5 billion. By 2011, the number of paid claims had dropped to less than 10,000 and the total payout was less than $3.5 billion. That’s about a 40 percent drop in the number of paid claims and a near 30 percent drop in the amount paid out. The cost of medical malpractice insurance began to rise in the early 2000s after a period of essentially flat prices. Rate increases were precipitated in part by the growing size of claims, particularly in urban areas. Among the other factors driving up prices was a reduced supply of available coverage as several major insurers exited the medical malpractice business because of difficulty in making a profit.

Nov 5, 2013 - Birmingham by Cross & Smith

Safe driving should be a top priority all the time. But a lot of focus is on summer safety, especially for teenagers since the period from Memorial Day to Labor day is known as the 100 deadliest days for teen drivers. If you’re thinking the risk is behind you now that kids are back in school, though, the sad fact is that is simply not true. Winter and daylight savings time are coming, as is the busy holiday travel season. Our Birmingham personal injury lawyers know that the risk of accidents can significantly increase during the winter time, in large part because people spend more time driving in the darkness. While advanced car headlight systems may help to reduce this risk in the future, drivers today need to be aware of the dangers and take extra precautions to stay safe as this dangerous time on the road approaches.

Oct 3, 2013 - Birmingham by Cross & Smith

We tend to think of railroads as a travel method of a bygone era. In reality, not only are Alabama railroad crossing injuries and deaths an ongoing risk, they are a rising one. According to new data from the Federal Railroad Administration, the number of pedestrians fatally struck by trains nationwide spiked by more than 25 percent in the first five months of this year. The figures indicate that while there were 158 railroad pedestrian deaths from January through May of 2012, there were 199 during the same time frame this year.

Oct 2, 2013 - Birmingham by Cross & Smith

It’s been six months since a huge sign at the Birmingham International Airport came crashing down, killing a 10-year-old boy and severely injuring his mother and younger brothers. Our Birmingham premises liability lawyers know three other signs just like it were removed. We know, based on an investigation by Al.com, that there were advance warnings that the signs could pose a safety threat. And we also know that the family of the boy has filed a wrongful death lawsuit, that is slated to proceed in November of next year. What we don’t know is how much safer we are in the airport.

Sep 23, 2013 - Amputation by Cross & Smith

Amputation injuries in the U.S. have been on the rise over the past decade, as numerous veterans returning from wars in Iraq and Afghanistan are survivors who have lost limbs in the course of their service. But our Alabama personal injury lawyers know that veterans aren’t the only ones who have been at high risk. Those involved in certain types of motor vehicle accidents (particularly motorcycle wrecks) have had to endure such injury, as have those who have suffered on-the-job injuries – particularly in fields that require the routine use of industrialized, mechanical equipment. For example, recently in Missouri a glass manufacturing firm was cited by inspectors with the U.S. Occupational Safety & Health Administration after an employee suffered a finger amputation while repairing a machine. Investigators would later learn that the incident stemmed from the employer’s failure to shut off power to certain energy sources before the maintenance was initiated. OSHA called the oversight “unacceptable,” and fined the firm $137,000.