Category: Tuscaloosa

Oct 31, 2022 - Personal Injury by Cross & Smith

If you’ve been injured due to the fault of another person or entity, then you may be entitled to recover damages as compensation for your various injuries, pursuant to Alabama law.  It’s important to note, however, that even if your claims are legitimate, your case will not necessarily proceed all the way through to trial.  In fact, industry observers estimate that about 90-95% of all personal injury lawsuits never go to trial.  Instead, the parties reach a settlement compromise that is satisfactory for all parties given the evidence and the circumstances of the case.

Sep 30, 2022 - Personal Injury by Cross & Smith

Often when potential clients come to our firm, they want to know what it is that we do and how we can help them. So in this blog, our Tuscaloosa personal injury lawyer will explain the basics of what it is we do for our clients. For specific questions about how we can help you, it is best to make an appointment with us so we can discuss your case. 

Jul 30, 2021 - Car Accidents by Cross & Smith

Ask any Tuscaloosa auto accident attorney, and they will tell you, distracted driving is a major cause of motor vehicle accidents throughout Alabama. There are three different types of distracted driving: visual, manual and cognitive. In Part 1 of this three-part series, we will discuss visual distractions that cause drivers to take their eyes off the road. Even for a moment, looking at anything not related to driving a motor vehicle can lead to a serious accident. 

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.

Apr 30, 2021 - Car Accidents by Cross & Smith

Seek Guidance from an Experienced Tuscaloosa Car Accident Attorney If you’ve been injured in a car accident, then the defendant-driver (assuming they do not leave the scene of the accident immediately) may make incriminating statements that could benefit you in your lawsuit.

Apr 16, 2021 - Car Accidents by Cross & Smith

Let a Tuscaloosa Car Accident Attorney Help If you’ve been hurt in a car accident, Alabama law may entitle you to sue and recover damages.  Generally speaking, the “standard” car accident lawsuit targets the defendant-driver whose negligent conduct directly caused the accident.  For example, you might sue a speeding driver who lost control over their vehicle and sideswiped your vehicle.

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.

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 […]

Aug 31, 2020 - Personal Injury by Cross & Smith

Work With a Skilled Tuscaloosa Injury Attorney Not all plaintiffs are built the same way.  Some may have unique sensitivities or fragilities that make them more susceptible to certain injuries — but can these fragilities impact their ability to sue and recover damages in a personal injury lawsuit? Let’s take a closer look. What is an Eggshell Skull Plaintiff? In the personal injury context, an eggshell skull plaintiff is an injury victim who is particularly fragile, and who therefore suffered more severe injuries (physical or mental) as a result of the defendant’s misconduct. This may seem a bit confusing at first glance, so let’s clarify with a brief example. Suppose that you have “brittle bones.”  Your condition doesn’t cause you any additional pain or issues normally, but if you were to be involved in a car accident, then you are much more likely to not only suffer a fracture but for that fracture to lead to debilitating injuries.  As such, if you did suffer those injuries in a car accident, you would be considered an “eggshell skull plaintiff.” Understanding How Liability is Imposed It’s important to highlight this fact: eggshell skull plaintiffs (i.e., plaintiffs who are uniquely fragile) are entitled to a full and adequate recovery, even if their damages are more than what the “typical” person would have suffered under the same circumstances. So, for example, in our previous eggshell skull explanation, the eggshell skull plaintiff might have suffered $150,000 in damages.  They would be entitled to recover this […]