Category: Personal Injury

Sep 30, 2021 - Bus Accidents by Cross & Smith

According to the United States Department of Transportation, riding the bus to school is 70 times safer than traveling by car. Even so, school bus accidents do occur, with 126 occupants killed while riding school transportation from 2010-2019. If you are a parent or guardian whose child has been injured in a school bus accident, you need to know how to protect your child’s right to recover the compensation they are owed. Our Tuscaloosa auto accident attorney explains below. 

Sep 16, 2021 - Construction Accidents by Cross & Smith

Ask any Tuscaloosa work injury lawyer and they will tell you construction sites are notorious for their dangerous working conditions. In the year 2019, approximately 20% of all private industry worker fatalities were in construction. The Occupational Safety & Health Association (OSHA) has determined that there are four significant construction zone accident hazards that contribute to a majority of these fatalities and other injuries. 

Jun 30, 2021 - Car Accidents by Cross & Smith

Work With a Skilled Tuscaloosa Injury Attorney If you’ve been injured in an accident due to the fault of another, then you may be entitled to sue and recover damages under Alabama law.  In pursuing a lawsuit against the defendant(s), however, you’ll want to work with an experienced attorney who can help you navigate the ins and outs of litigation.

Jun 16, 2021 - Personal Injury by Cross & Smith

Work With an Experienced Tuscaloosa Injury Attorney If you’ve been injured in an accident due to the fault of another, then you may be entitled to damages under Alabama law.  It’s worth noting, however, that — in some cases — there may be a parallel criminal proceeding alongside your civil lawsuit.  This can be concerning for first-time injury plaintiffs who are not quite sure how the two proceedings are interlinked.

Mar 31, 2021 - Personal Injury by Cross & Smith

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.

Feb 26, 2021 - Personal Injury by Cross & Smith

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.

Feb 12, 2021 - Personal Injury by Cross & Smith

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.

Dec 31, 2020 - Dangerous Products/Liability by Cross & Smith

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 […]

Sep 30, 2020 - Personal Injury by Cross & Smith

Let Our Experienced Tuscaloosa Injury Attorney Help If you are on another’s property and were injured due to a criminal attack by a third-party, then Alabama law may entitle you to sue and recover damages from the property owner or possessor.  After all, you may be able to assert that the defendant is liable for negligent security — for failing to implement property safety measures to protect visitors from third-party criminal activity. Negligent security claims are somewhat non-standard, so let’s clarify with a basic introduction to how they work. How a Negligent Security Claim Works — Foreseeability Negligent security claims are a subcategory of premises liability claims.  In essence, a defendant-landlord (or any other party “possessing” and “controlling” a given property) has a responsibility to maintain given premises in a reasonably safe condition for visitors.  If a visitor is injured due to a dangerous condition of the property, then the defendant could be held liable for failing to correct the hazard, or for failing to warn the visitor about the hazard. Where the situation can get confusing is third-party criminal activity. Generally, there is no duty on a defendant — in the premises liability context — to protect visitors from third-party criminal activity, such as a battery or a mugging.  However, a duty to take action (by taking steps to minimize such risks) will be imposed in circumstances where the third-party criminal activity was foreseeable. The issue of foreseeability is central to the plaintiff presenting a successful negligent security claim.  […]

Sep 16, 2020 - Personal Injury by Cross & Smith

Tuscaloosa Injury Attorney Here to Help You If you’ve been injured in an accident that was caused by another person’s negligence (or other misconduct), then Alabama law may give you a right to sue and recover significant damages as compensation. These compensatory damages include medical expenses suffered due to the defendant’s misconduct.  For example, if you fractured your legs in a car accident caused by a drunk driving defendant, then they would be liable for the various medical expenses associated with the injuries: diagnostics, surgical intervention, pharmaceutical treatment, rehabilitation, and more. First-time plaintiffs may be left somewhat confused.  Does the fact that they have comprehensive medical insurance (and therefore paid nothing out-of-pocket for their treatment) impact their ability to claim medical expenses as damages? No, it does not!  Let’s take a closer look. Out-of-Pocket Costs Are Unnecessary for Recovery In Alabama, and other jurisdictions, plaintiffs may recover for their medical expenses in full, even if they did not suffer out-of-pocket costs (due to having purchased comprehensive insurance coverage). For example, suppose that you are injured in a slip-and-fall accident, and have to undergo $50,000 in surgeries (along with other related medical costs).  As part of your overall damages claim, you assert a claim for medical expenses of $50,000.  In reality, however, you did not have to pay a single cent out-of-pocket, as your medical insurance covered those costs completely.  Despite that, the defendant would still be “on the hook” for the $50,000 — assuming you could establish liability. At first […]