Cross & Smith LLC

Category: Wrongful Death

Establishing Standing in Alabama Wrongful Death Claims

Apr 10, 2014 - Wrongful Death by

Alabama’s wrongful law is different in many ways than most other states. In Alabama, dependents of the decedent are not allowed to file suit unless the death took place on the job. Spouses, children, parents, dependent siblings – all are potential beneficiaries. However, per Ala Code 6-5-410, only a “personal representative” of the deceased person’s estate has the ability to file a wrongful death claim. Unlike in other states, family members in Alabama can’t file a wrongful death claim on their own behalf or on behalf of the deceased – unless they are the personal representative of the decedent’s estate. An Alabama wrongful death claim involving the death of a Montgomery man in a fatal truck accident has given rise to a challenge that could change who qualifies as a potential beneficiary. The crash occurred one night when the man struck an overturned UPS vehicle blocking the northbound lanes of I-65.

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Morrow v. Caldwell: Statutory Damage Caps Not Applicable to Municipal Workers Sued in Their Own Capacity

Mar 25, 2014 - Wrongful Death by

The Alabama Supreme Court recently returned a decision in the personal injury case of Morrow v. Caldwell that negligent government workers sued in their own capacity shouldn’t expect protection under the state’s statutory $100,000 damages cap. Our Birmingham wrongful death attorneys recognize that this was an important decision in favor of families who have suffered the ultimate loss as a result of a government worker’s carelessness. And it means that the damages to which these families are entitled to receive can exceed that $100,000 limit that is otherwise imposed. The death that gave rise to this case was that of a young boy who was playing outside at the Montgomery home of his great-grandmother.

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Worden v. Kirchner – Timely Filing of Injury Complaint Critical

Dec 17, 2013 - Medical Malpractice by

In order to ensure that your Alabama medical malpractice claim has the best chance of success, the importance of a timely filing cannot be overstated. Failure to do so can result in having your claim dismissed before it is ever even considered by the courts. Generally, it’s a pretty straightforward rule. Alabama statutes hold that you have two years from the time that the alleged malpractice occurred within which to file your lawsuit. After that you lose your right to sue. However, there are exceptions. They are very specific, though, and you should expect the defense to fight you tooth-and-nail over an exception request.

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Amusement Ride Dangers at State Fairs

Sep 11, 2013 - Birmingham by

With the Fall season right upon us, we look forward to all the different State Fairs coming to town. Along with all the great food and prizes to be won, we also need to be reminded of the potential dangers of the amusement rides. Just this past weekend at a fair in Connecticut, 18 people including 12 children were injured after one of the amusement rides malfunctioned. The incident is currently under investigation as to the cause of the malfunction and the police are looking into whether the owner of the ride has been cited for any prior safety violations. Owners and operators of state fairs and/or amusement parks have a legal responsibility to ensure the safety of the riders and the visitors to their park. That includes ensuring the property and their attractions are properly maintained and kept in a reasonably safe condition. Although each incident may have different circumstances, legal responsibility for injuries incurred by the riders could rest on the amusement park owner, the ride designer or manufacturer, the ride operator and/or a ride owner. Among the potential claims made against these types of defendants are including, but not limited to, wrongful death, negligence, premise liability and/or defective product claims all of which our attorneys at Cross and Smith, LLC handle.

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Alabama Swimming Pool Injuries on the Rise

Apr 22, 2013 - Tuscaloosa by

A new study shows that more children are being rushed to emergency rooms across the country for swimming pool injuries than they were two decades ago. Our Tuscaloosa swimming pool injury lawyers were troubled to learn that there were more than 1.5 million injuries from swimming in the U.S. involving people of all ages from 1990 and 2008. That number has increased yearly from roughly 80,000 back in 1990 to 93,000 in 2008. That’s an overall increase of 16.25 percent. When the researchers broke it down to examine only those injuries to children, the results were even more dramatic. For children 7 years of age or older, the rate of swimming pool injuries increased by 30 percent. It went from 9 injuries for every 10,000 to 11 injuries for every 10,000. Children under the age of 17 accounted for almost 60 percent of all swimming-related injuries.

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Birmingham Airport Accident and Alabama Premises Liability

Mar 30, 2013 - Wrongful Death by

A falling airport sign killed a 10-year-old boy and seriously injured his mother, Reuters reported. The Kansas woman and several of her children were pinned beneath a flight display sign in a newly renovated area of Birmingham-Shuttlesworth International Airport. Media reports indicate the sign weighed as much as 400 pounds. Authorities say an 8-year-old boy received inpatient treatment at Children’s of Alabama. His 5-year-old brother was treated and released. Unfortunately, the 10-year-old did not survive his injuries. reported the mother’s injuries include two broken ankles and a broken pelvis. The family had been in Birmingham enroute back home after Spring Break in Florida.  Our Birmingham wrongful death attorneys know this tragedy will be thoroughly investigated; but who does the investigating may ultimately help determine whether those responsibility are held accountable. Airport officials would not speculate on the cause. However, the investigation should include the contractors and subcontractors who recently remodeled that area of the airport. The incident occurred in a pre-security area of the modernized terminal — Concourses A and B. The area re-opened March 13. Birmingham Mayor William Bell is also calling for a thorough review of the incident.

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Boudreaux v. Pettaway & the Fight to Hold Negligent Parties Responsible for Wrongful Death

Oct 20, 2012 - Medical Malpractice by

In a recent Alabama Supreme Court decision, Boudreaux v. Pettaway, the state’s high court upheld a $ 4 million medical malpractice/wrongful death claim. In 2006, a 32-year-old mother, who had previously undergone gastric bypass surgery, arrived at Springhill Memorial Hospital in Mobile complaining of vomiting and abdominal pain. She died during an exploratory laporotomy.  The estate of Paulett Pettaway Hall sued Dr. Randall Boudreaux and other defendants, including Coastal Anesthesia for wrongful death and medical malpractice.

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Posted By: Chuck Kelley

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