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Category: Tuscaloosa

Does the Existence of a Warning Sign Affect My Slip and Fall Claim?

Oct 31, 2019 - Personal Injury by

Experienced Injury Attorney in Tuscaloosa, AL If you’ve been injured in a slip and fall accident on another’s property, then you may be entitled to significant compensation under Alabama law.  In Alabama, premises liability law gives injured persons the right to sue and recover damages in cases where they have been unreasonably exposed to a property hazard, and subsequently harmed. In some instances, however, the property owner may have installed a warning sign that alerted you (and other entrants) as to the hazard at-issue.  How does that influence your ability to bring a successful action for damages? Property Owner Liability Property owners have a duty to maintain a reasonable safe premises for entrants.  If they fail to do so (either by failing to inspect the property to identify dangerous conditions, or by failing to correct those dangerous conditions once discovered), then they can be held liable. It’s worth noting that property owners are given other options under Alabama law.  Rather than correct the dangerous condition, they can put up a sign warning premises entrants of the dangerous condition.  That way, premises entrants have an opportunity to avoid the risky area, or to exercise additional caution when traversing the property. Shifting Responsibility Through Warning Signs In premises liability disputes, obviousness is a critical issue.  If the dangerous condition (that caused the injury) was known or obvious to the plaintiff, then they cannot bring a successful action for damages.  The existence of a warning sign serves as “notice” in the sense that […]

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Personal Injury Plaintiffs Should Be Aware of the Statute of Limitations

Sep 30, 2019 - Personal Injury by

If you have been injured in an accident due to the fault of another, you may be entitled to compensation under the law.  Many plaintiffs focus on their medical care (and rightfully so, as medical care should be a priority), but do not necessarily seek legal assistance until it’s too late.  Waiting too long to consult an attorney and bring an action against the liable defendants could have a significant impact on your ability to recover damages for your claims. Let’s take a closer look. Basic Principles Throughout the United States — every jurisdiction — personal injury claims are subject to different statute of limitations deadlines.  In Alabama, for example, the statute of limitations for most personal injury claims is two years from the date of the accident. Statutes of limitations are meant to give the defendant a bit of breathing room, so that a plaintiff cannot hassle them with claims too far into the future (there is, of course, also the issue of gathering evidence when a claim is filed at a significantly later date). As the plaintiff, if you do not follow proper procedure and file your claims before the statute of limitations deadline passes, then the court will automatically dismiss the claims, leaving you without an opportunity to secure compensation through the litigation. The Discovery Rule Fortunately, even if you think you’re late in filing your claims, exceptions may apply.  The discovery rule is perhaps the most significant exception to the application of the statute of limitations […]

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Liability Insurers Are Not Your Allies

Jul 31, 2019 - Car Accidents by

Insurers generally present themselves as good faith actors who provide a generous service to their customers — the policyholders — and while comprehensive liability insurance coverage is a valuable protection in the event that you have suffered harm in an accident, it’s important to remember that the insurance company is a profit-oriented business. Insurers are not driven to provide financial compensation merely out of kindness.  If and when they can avoid their duties under contract (to the extent that it will benefit them), they will do so.  This can all come as a nasty surprise to policyholders who are seeing their claims being mishandled firsthand by their insurer — before the accident, they might have reasonably relied on their insurance coverage to payout for their losses, only to discover that engaging with the insurer is not as straightforward as initially anticipated. For clarity, let’s dive into this issue a bit more in-depth. Insurer Interests Oppose Those of Policyholders The foundational issue that drives an insurer’s adverse decisions is the fact that the insurance company gains an advantage when their policyholder fails to secure the payout to which they’re entitled by their coverage.  The insurance company’s bottom-line is benefited substantially when a policyholder with a legitimate claim is denied or has that claim undervalued, or simply chooses not to submit the claim to the insurer. Given this dynamic, insurer misconduct and underhandedness in the wake of an accident is not particularly surprising — if an insurance agent contacts you after an […]

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What Happens if You Delay Seeking Medical Assistance for Your Injury?

Jun 30, 2019 - Personal Injury by

If you’ve been injured in an accident due to the fault of another party, then you may be entitled to compensation under Alabama law, but your first priority should be recovering from your injuries — it’s critical that you seek out the medical care you need in a timely manner.  Failure to do so could cause a number of problems for you in subsequent litigation. Let’s explore the issues. Painting Your Injuries as Minor Even if you have injuries that do not require “immediate” medical care, and are not worsened by a small delay, the fact that you waited before seeing a healthcare professional could be used by the defendant to paint you as irresponsible, and more importantly, to paint your injuries as relatively minor.  By doing so, the defendant would be attempting to undermine your claim and reduce the overall damages to which you’re entitled. Contributory Negligence If you delay seeking medical assistance, then the defendant may argue that your injuries (and the impairments and losses associated with such injuries) were caused or enhanced by the delay, and naturally, this gives rise to an assertion of contributory negligence. Alabama is one of only a few states that completely prohibits recovery if the plaintiff is even partially at-fault for their own injuries.  As such, you could be put in “dire straits” if you have contributed to your own injuries by failing to secure medical care in a timely manner. Suppose, for example, that you fracture your arm in a motorcycle […]

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A Look at Liability When Your Vehicle Rolls Over

Dec 31, 2018 - Car Accidents by

Contact a Tuscaloosa Injury Attorney For Help Rollover accidents can be devastating to all involved.  When a vehicle rolls over, the driver loses all control — this is in stark contrast to other motor vehicle accident scenarios, where the driver may be able to steer the vehicle to relative safety.  Such accidents are common in Alabama (and elsewhere), especially in the truck and SUV accident context.  Trucks and SUVs sit “higher” and are therefore more prone to rolling over due to a loss of balance. What happens if you are involved in an accident in which your own vehicle rolls over?  Let’s take a closer look at the liability issues that may impact your injury claim under such circumstances. Road Hazards Road hazards often contribute to rollover accidents.  For example, a large enough pothole on a sharp turn could lift one side of the vehicle and force a rollover.  If you were involved in a rollover accident where there were road hazards that contributed to the accident, then you could ostensibly sue and recover damages from the entity that controls the roadway (i.e., the City, or perhaps even a private entity). Vehicular Defects If your vehicle “rolls over” during operation, then it’s possible that the auto manufacturer designed a defective vehicle.  There have been numerous product recalls and lawsuits over the decades relating to vehicles that are prone to rolling over during operation and therefore pose an unreasonable risk of harm to users. In Alabama, it’s worth noting that you […]

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If My Brakes Fail and Cause an Accident, Do I Have a Claim for Damages?

Nov 30, 2018 - Personal Injury by

Tuscaloosa Injury Attorney In Alabama, as in other states, those who are injured in motor vehicle accidents — whether a car, truck, or motorcycle accident — may be entitled to damages, depending on the circumstances surrounding the harm at-issue.  Many people unfamiliar with personal injury litigation may be confused about the particular circumstances under which they might be entitled to bring a claim against the defendant for damages.  In fact, they might not be sure who the defendant actually is! So, what happens if you experience a brake failure?  Can you sue, and (if possible) who can you sue? If you’ve been injured in an accident that was caused due to a brake failure, then Alabama law may give you a right of action for damages against the relevant manufacturer — either the brakes manufacturer, motor vehicle manufacturer, or some other distributor in the supply chain that is responsible for the defect. Confused about how liability is applied?  Let’s take a closer look. Product Defect Basics In Alabama, a product may be defective if it is unreasonably dangerous for its intended or foreseeable uses.  Whether a product is “unreasonably dangerous” depends on the circumstances, however, and the industry space that the product occupies.  For example, if motor vehicle brakes fail 10 percent of the time, most industry experts would agree that the failure rate is indicative of an unreasonably dangerous product. Brakes may be defective due to their design, or due to some manufacturing issue that caused it to become […]

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How Negligence Per Se Works in Alabama

Oct 31, 2018 - Personal Injury by

Alabama — as with other states — allows those who have been injured due to the negligent conduct of another to sue and recover damages as compensation.  Negligence can be difficult to prove in some cases, however, or may cause delays (even in more straightforward cases) where the defendant is particularly aggressive in denying liability. Negligence per se is a unique legal principle that can strengthen your position in litigation and give you substantial leverage during early negotiations.  Let’s take a brief look at how it works in Alabama. Establishing Negligence Per Se is Advantageous Negligence per se can be quite advantageous in an injury lawsuit, as it allows the plaintiff to move forward with a presumption of negligence.  Normally, negligence-based injury claims require that the plaintiff establish: That the defendant owed the plaintiff a duty of care; That the defendant’s conduct violated the applicable standard of care; That the defendant’s violation proximately caused the plaintiff to suffer harm; and The plaintiff actually suffered harm. With negligence per se, “proof” of negligence isn’t necessary, as the violation of law creates the presumption of negligence.  The plaintiff must simply satisfy the negligence per se requirements and show that the defendant’s violation of the law caused them harm.  This is simpler (and more favorable to the interests of the injured plaintiff) than establishing the applicable standard of care and then showing that the defendant’s conduct violated that standard of care. Requirements for Negligence Per Se Negligence per se in Alabama is applied […]

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Lane Splitting is Prohibited in Alabama

Sep 28, 2018 - Motorcycle Accidents by

Motorcyclists often take advantage of lane splitting — moving between lanes — to avoid getting stuck in the sort of traffic that plagues larger vehicles.  During times of heavy traffic, it is not uncommon to see a motorcycle (or other two-wheeler) splitting lanes and weaving through the endless parade of stopping-starting vehicles. In Alabama — given its relatively warm weather year-round — motorcycles are a regular feature on roadways.  If you are a motorcyclist who has sustained injuries in an accident, then you may be entitled to damages under Alabama law.  It’s worth noting, however, that your ability to recover may be significantly impacted by your engagement in certain prohibited activities, such as lane splitting. Lane Splitting is Illegal It’s important to note that Alabama law prohibits lane splitting.  Motorcyclists may not lane split and are only entitled to do so in a sudden emergency.  As such, you should avoid the practice of lane splitting, even if you are used to doing so (particularly as other states may allow for lane splitting). What Happens if You’re Injured While Lane Splitting? If you’re injured in an accident that occurred while you were splitting two lanes, then your ability to sue and recover damages will almost certainly be affected.  In fact, Alabama is a pure contributory negligence state, which means that injured plaintiffs may not be entitled to compensation if they are partially at-fault for their injuries — if the court finds that your negligent actions (i.e., lane splitting) contributed even to […]

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Negligent Entrustment Claims in Alabama

Aug 31, 2018 - Car Accidents by

In Alabama, those who are injured in a motor vehicle accident that was caused by the negligence or otherwise wrongful misconduct of the driver are entitled to sue and recover damages — and under certain circumstances, may have a legitimate right of action against the owner of the vehicle itself. Oftentimes, motor vehicle accidents involve vehicles that are owned by different individuals than the drivers whose negligence actually caused the accident.   If a vehicle owner is aware (or should be aware) of an unreasonable risk of injury posed by the driver, but permits use of the vehicle anyway, then such conduct could expose them to significant liability pursuant to the doctrine of negligent entrustment. As the injured plaintiff, negligent entrustment represents an excellent opportunity for securing damages.  In many cases, the driver may not have the necessary insurance coverage to payout your damages in full — by looping in other liable defendants, such as the vehicle owner, you can spread liability around, thus maximizing your chance of a successful and adequate recovery. Elements Necessary to Prove Negligent Entrustment In Alabama, you can successfully hold the vehicle owner liable if you can prove that the following elements are true: The driver was incompetent; The vehicle owner permitted the driver to use the vehicle; The vehicle owner knew or should have reasonably known that the driver was incompetent; and The driver’s incompetence substantially contributed to the plaintiff’s injuries. For example, imagine that you suffer injures in a motor vehicle collision.  As it […]

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Reimbursed Injury Losses May Still Be Recoverable in Alabama

Jul 31, 2018 - Personal Injury by

If you have been injured in an accident (that was caused by the negligent or wrongful actions of another party), then you may be entitled to significant damages.  Importantly, however, many injured plaintiffs have access to some form of third-party reimbursement.  For example, if you are injured in a car accident, then you may not actually pay any of your medical expenses out of pocket if you have comprehensive health insurance coverage. How does reimbursement affect your damage recovery in a lawsuit? In Alabama, and in most other states, the common law “collateral source rule” made evidence of any third-party reimbursement — such as health insurance, disability insurance, and property insurance — inadmissible as evidence in litigation.  Such evidence was traditionally deemed irrelevant and potentially confusing to the jury. This had an enormous, positive influence on damages recovery for injured plaintiffs who were otherwise reimbursed for their losses.  Generally speaking, one’s billed losses are much higher than the actual losses.  For example, you may be charged $100,000 for medical treatment, but have the entire amount reimbursed due to health insurance coverage — in the end, your insurer may have only paid $25,000 to the hospital (after negotiating the cost down).  According to the common law collateral source rule, however, you would be entitled to claim $100,000 in medical expenses damages, and the defendant could not introduce evidence of the reimbursement to counter your claim. Alabama Statutory Modifications With regard to all civil actions (including personal injury and medical malpractice), the […]

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