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Category: Personal Injury

5 Common Strategies for Uninsured/Underinsured Motorist Cases

Oct 31, 2017 - Personal Injury by

In Alabama, if you’re injured in a motor vehicle accident by a negligent driver, there’s a strong possibility that the defendant-driver is uninsured or underinsured. A study conducted by the Insurance Research Council revealed that 19.6% of motorists in Alabama were uninsured (though the Alabama Department of Revenue has recently reported an uninsured motorist rate of 12.9%). How can you recover damages if the defendant is uninsured/underinsured?  Consider the following. Purchase UM/UIM Coverage Alabama does not require that drivers purchase uninsured/underinsured motorist coverage (UM/UIM).  Despite the fact that such coverage is not mandatory, it’s highly recommended that you purchase UM/UIM coverage given how many drivers in the state of Alabama are uninsured or underinsured. Suppose that you are seriously injured in a collision.  You sue the defendant-driver to recover damages, but they are uninsured.  You could attempt to sue them and recover against their personal assets, but they do not have sufficient assets to cover your total damages.  Generally speaking, drivers who are uninsured do not have substantial personal assets. If you have UM/UIM coverage, however, you can file a claim with your insurer to receive benefits. Obtain a Lien on the Defendant’s Assets Some defendant-driver’s may have a substandard insurance policy, but have assets enough to pay out damages.   In such cases, you may be able to sue the defendant and obtain a lien on their assets to cover your losses.  This can be a difficult process, however, so it’s typically better to be paid out by your UM/UIM […]

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Tuscaloosa Personal Injury Lawyers Discuss Attributing Fault

Aug 31, 2017 - Personal Injury by

In the personal injury context, plaintiffs often mistakenly and prematurely believe that their case will be straightforward.  Contrary to these initial beliefs, however, further investigation of the facts may reveal a much more complicated case that involves multiple defendants, questions of contributory fault, evidentiary issues, and more. For example, suppose that you are rear-ended at a red light in Tuscaloosa.  The impact is serious enough to cause significant injuries.  You may initially think that the ensuing litigation will be a basic motor vehicle accident case involving a negligent defendant-driver.  As the case progresses and additional evidence comes to light, however, new legal issues may emerge on the basis of new facts. Suppose that your airbag failed to deploy during the accident, and — as a result of this failure — your injuries were much more severe than they could have been.  If the airbag’s failure to deploy is due to a product defect (i.e., manufacturing defect or design defect), then you may be entitled to obtain compensation from both the defendant-driver and the manufacturer of the airbag.  This will necessarily complicate litigation. The prospect of having to sue multiple parties, and on the basis of different claims, can seem rather overwhelming.  If you’ve been injured in an accident due to the fault of another, you may be entitled to recover damages, but compensation will not necessarily be easy or straightforward. To ensure that your chance of success over the course of litigation is maximized, it’s important that you consult with […]

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Viral Video Exposes the Dangers of Unsecured Furniture

Jul 31, 2017 - Dangerous Products/Liability by

An Orem, UT family started the new year with a frightening event, according to an article from The Washington Post. A nanny cam video illustrated how easily 2-year old twin toddlers can tip over a dresser, in this case, trapping one twin under the heavy furniture. Thanks to heroic efforts by the other twin, his trapped brother escaped without injury. In spite of the happy ending, most people will find this short video to be difficult to watch. Our Tuscaloosa accident attorneys want to help families make sure that their nanny cam videos do not ever reveal this type of accident Consumers are the First Line of Defense Against Tip-Over Accidents The most recent report from the Consumer Products Safety Commission found that over 17,000 children went to emergency rooms due to tip-overs between 2013 and 2015, and more than 400 children died. Perhaps statistics are more accurate than they were years ago, but it seems clear that the materials and design of much of today’s furniture and appliances makes them less sturdy than their older counterparts. There are many ways for consumers to take action to protect themselves and their children from accidental injury, including the following: Read all product instructions before installation: In addition to reviewing how-to information that includes instructions on how to ensure that any product is secure, be sure to read the safety warnings that are generally prominently displayed first on the instruction sheet or pamphlet. Secure anything that potentially poses danger: Even when flat-screen […]

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Referring Physician Initially Blamed for Wrong Patient Surgery

Mar 29, 2017 - Personal Injury by

Wrong patient surgery is considered to be a surgical “never event” within the medical community, but the U.S. Department of Health and Human Services’ Agency for Healthcare Research and Quality reports that never events happen with some regularity, and 71 percent of them are fatal. Our Tuscaloosa personal injury lawyers believe that even one instance of wrong patient surgery is too many. Patients should take a warning from one recent Massachusetts example and learn as much as possible about how a surgical facility safeguards against patient misidentification before they undergo surgery. Patient Misidentification Can Happen in a Number of Ways Last year, reports surfaced of a wrong patient surgery in Massachusetts that resulted in the removal of a healthy kidney. In initial reports the hospital claimed that the misidentification error occurred outside of their hospital, possibly connected with the referring physician. However, a NY Daily News article published two months later told a different story. State and federal health investigators noted that the patients were several years apart in age. A birthdate check while examining the CT scan — and a display of the patient’s birthdate on computer monitors in the operating room might easily have resolved the issue. Patients and their family members should never have to take responsibility for this type of error, but it is advisable to take the following precautions: Check the arm band to make sure that it correctly shows enough information to conclusively identify the patient. Ask about identification protocols used at the facility. […]

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Product Safety Organization Cites Dismal Effectiveness of Children’s Product Recalls

Jan 27, 2017 - Personal Injury by

When the organization, Kids in Danger issued its most recent report on children’s product recalls back in 2015, it was somewhat heartened by the results. While about one-quarter of all products recalled by the Consumer Products Safety Commission (CPSC) were for children, there was a slight reduction in child injuries and fatalities. Unfortunately, the majority of recalled children’s products (nearly 80 percent) remain in consumer hands after recall. Our Tuscaloosa accident attorneys want parents to understand the special challenges of keeping their children safe from dangerous products — and know what to do in the event any product causes injuries. Numbers Alone Add Challenges to Tracking the Safety of Children’s Products Many children’s playrooms seem to be stacked floor to ceiling with toys. Add strollers, cribs, car seats and countless other must-have products to the mix, and it would take a full-time analyst just to keep track of where each item is, much less whether they are all safe. Parents who dutifully register bigger ticket items have an advantage because manufacturers will notify them in the event of a safety recall. With some effort, parents can go further to protect their children, as follows: Sign up for recall lists: While the CPSC provides the most official recall information, child-dedicated sites like Safe Kids Worldwide allows parents to sign up for the most recent product alerts focused specifically on children. Inspect all products carefully: Before putting new toys or other products in the hands of children, parents should perform quality tests. […]

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Senate Report: Ineffective Medical Device Monitoring Puts Patients at Risk

Dec 30, 2016 - Personal Injury by

Doctors use duodenoscopes to perform valuable diagnostics that can be vital to patients. However, these devices are known to have significant risks of infection, even after they have undergone recommended cleaning procedures. Earlier in 2016, the U.S. Senate issued a Minority Staff Report that expressed significant concerns about known links between duodenoscopes and increasing cases of Carbapenem-Resistant Enterobacteriacea (CRE). Since CRE is also known as a superbug that does not respond well to most antibiotic treatments, patients need to understand the risks. In this case, an ounce of prevention is definitely worth a pound of cure. Much of the Failure Points to Lapses in Communication The direct cause of the CRE infections is linked to difficulty in fully cleaning duodenoscopes. Even though manufacturers issued detailed cleaning instructions that were followed by medical providers, it appeared that those instructions did not fully remove the CRE-causing bacteria. Still, the direct cause of infection was far from the only problem. Even as medical providers, device manufacturers and even the federal government became aware of potential issues, a series of communication errors like the following seems to have prevented a timely effected response: At least 16 hospitals that had traced the infections to duodenoscopes did not notify federal regulators or send the required notification to the device manufacturers. Hospitals that did report events to manufacturers did not issue reports quickly, and they issued informal phone or email reports that did not include the information needed by the manufacturers to submit accurate reports for the […]

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Achieving Maximum Value in Personal Injury Cases (Part III): Damages

Dec 26, 2016 - Personal Injury by

Obviously, the nature and extent of damages play a central role in obtaining the maximum value in personal injury cases. It is incumbent upon us as lawyers for the injured client to employ the most effective ways to present the injuries and damages. We find that by doing certain things in the work up of the damages part of the case the value is greatly enhanced. As a preliminary matter, we make certain that we have copies of every medical record and medical expense involved in the client’s course of treatment. We also request copies of all prior medical records for at least five years before the injury occurred. That way, we are prepared to address the presence or absence of any pre-existing injuries or conditions. Our staff does an excellent job of collecting this information and making summaries of the medical treatments and records. In addition to photographs that depict the injuries at various stages of the client’s recovery, we often order specially prepared medical illustrations that depict the internal damage resulting from a personal injury. The medical illustrations are prepared from the client’s medical records, x-rays, CT scans, MRIs, etc. by Medical Legal Art in Kennesaw, Georgia. They are expensive, but can be very compelling evidence of serious internal injuries and surgeries. It is important to document past and future lost income as an item of special damages. We have a form letter that we mail to the client’s employer for completion so that total time and income […]

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Achieving Maximum Value in Personal Injury Cases (Part II): Jurisdiction and Discovery

Dec 23, 2016 - Personal Injury by

Selection of jurisdiction and venue is one of the most important factors in the value of any case. The jury venire, rules of court, and judges are all considerations. We typically prefer state court, but sometimes choose to file the case in federal court if there is diversity of jurisdiction. We often do so because the state venue may be more conservative. For instance, the Western Division of the Northern District is made up of at least three counties that are historically far more liberal than Tuscaloosa County (Greene, Pickens and Sumter). The jury venire is drawn from the Western Division, which includes these three counties. An additional factor involves expert testimony. Under the Federal Rules of Evidence, expert witnesses are permitted to give opinions as to the ultimate issue in the case. We handle a number of cases in Mississippi. My law partner, Justin Smith, is licensed to practice in Mississippi. Occasionally, we have cases that allow us to choose between the two states. In those instances, we compare and contrast the available venues in both states and consider any evidence of negligence on the part of our client. Mississippi is a pure comparative negligence state while Alabama has maintained contributory negligence as a defense. We believe it is imperative to explore all options regarding venue in state court. For better or worse, the county where the case is filed will play a significant role in the evaluation by both plaintiff and defendant. We owe it to our clients […]

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Achieving Maximum Value in Personal Injury Cases: A Three-Part Series

Dec 19, 2016 - Personal Injury by

In every personal injury case, the goal should always be to achieve the maximum value available based on the applicable liability and damages. Personal injury claims involve both special and general compensatory damages and punitive damages in cases involving wantonness. There are numerous factors to be considered in evaluating a personal injury case, including the basis for fault, whether negligence or wantonness, the type of injuries and medical treatment, the amount of special damages, especially medical expenses and lost income, availability of collateral source payments, the extent of permanent injury and disfigurement, jurisdiction and venue, whether the defendant is an individual or corporate entity, and the appearance and demeanor of plaintiff and defendant. The preparation and handling of personal injury cases encompasses all of these factors, but we have found that certain activities and factors play a large role in achieving the maximum value. Although certainly not an exhaustive list, the following considerations are ones that we believe and have found to be particularly important. Investigation An investigation conducted before and after suit is filed often yields information that can greatly increase the value of a case. The information can be gathered from several different sources. As an initial matter, we routinely research Alacourt, Accurint, Motor Vehicle Reports, and Pacer to obtain information regarding the prior history of defendants and/or employees of defendants. Information regarding residency, employment history, criminal records, civil lawsuits, driving records and bankruptcy filings are available from these sources. The information derived from these sources often leads […]

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Senate Initiates an Inquiry Into the Practice of Overlapping Surgeries

Nov 25, 2016 - Personal Injury by

Few things are more impressive than watching a surgeon run between multiple surgical arenas and save many lives at once on television medical dramas. Surprisingly, this practice is not necessarily fiction. Known as concurrent or double-booked surgeries, the practice probably threatens successful surgical outcomes more easily than it saves lives. In March 2016, the Boston Globe reported that Senator Orrin Hatch initiated an investigation into this practice, specifically related to one hospital, but then extending to other hospitals. Concurrent surgeries are a relatively common practice across the U.S., particularly in the area of orthopedics. In some cases it is permitted to a limited degree, but surgical patients need to be aware of it and know how to help protect themselves. Key Points About Concurrent Surgeries It is not uncommon for surgeons to move from one surgical procedure to the next, leaving the final steps to other members of the surgical team. In fact, even Medicare views the practice as acceptable, as long as surgeons are present for critical or key portions of the surgery. Unfortunately, the investigation uncovered unacceptable practices, such as the following: Patients left under anesthesia, waiting for the surgeon to arrive from another procedure Key portions of procedures performed by unsupervised medical residents Surgical procedures rushed due to double-booking Surgeons who fail to respond to urgent situations in one of two booked surgeries Surgeons performing concurrent surgeries at different facilities miles apart Patients who are not informed that their procedures are scheduled concurrently with other patients It […]

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Hear What Our Clients Have To Say

"I was injured in an accident and I chose Justin Smith to handle my case. I worked with every staff member there by the end of the ordeal and was treated like family but also with true professionalism. They worked diligently on my case and never faltered or backed down regardless of the obstacles. I am so happy with the outcome and highly, highly recommend Cross & Smith, LLC to anyone that needs someone they can trust."
Posted By: Shane Weaver

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