Posted On: September 30, 2007

Trucking Accidents

In Savannah Georgia today two people were rushed to the hospital when their car slammed into a logging truck. I believe that large trucks like these should be outlawed on highways because of the significant risk of serious injury and death. Trucking accidents are way too numerous for nothing to done. Unfortunately, our society is more concerned with commerce than protecting its citizens. In the meantime, it is up to personal injury plaintiff's lawyers and attorneys to continue litigating these trucking accidents until something is done about the problem.

Tags: Automobile Accidents, Car Accidents, Highway Accidents, Trucking Accidents

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Posted On: September 29, 2007

Taxes on Personal Injury Awards

A Birmingham, Alabama client called my office yesterday. She received a $20,000 settlement in a car accident personal injury case from last year. She wanted to know if she had to pay taxes on this amount. The general rule is awards of money in compensation for personal injuries or sickness are not subject to federal income taxation; unless those compensatory damage awards are in the form of punitive damages. Punitive damages are generally taxable and are awarded not as compensation for your lose or for pain and suffering. Punitive damages are generally awarded to punish someone for wrongdoing.

Tags: Alabama Personal Injury Attorney, Alabama Personal Injury Lawyer, Personal Injury Award Taxes, Punitive Damages

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Posted On: September 28, 2007

Alabama Nursing Home Abuse Lawyer

There should be a special place in Hades for those who abuse our elder neighbors, friends, or family in nursing homes. Unfortunately, nursing home abuse in Alabama is all too real and occurs way too often. My firm is dedicated to protecting your aging family and we will make sure anyone who abuses an elder in a nursing home pays for their transgressions. If you even think an Alabam nursing home or one of it's employees may be abusing a loved one or someone you know, please call the nursing home abuse lawyers at Eversole Law. My firm's central location in Birmingham, Alabama allows us to aggresively litigate nursing home abuse issues throughout the state of Alabama in places like Birmingham, Montgomery, Huntsville, Mobile, Hoover, Mountain Brook, Vestavia Hills, Pelham, Guntersville, Fort Payne, Boaz, Decatur, Athens, Florence, Gadsden, Tuscaloosa, or anywhere in Jefferson County, Shelby County, Madison County, Montgomery County, Mobile County, or Walker County. If you feel someone you know in a nursing home may be being abused anywhere in the state of Alabama, my firm will investigate . We have top notch investigators we send all across the state investigating nursing home abuse claims.

Tags: Alabama Nursing Home Abuse, Nursing Home Abuse Lawyers

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Posted On: September 27, 2007

Where Do I File A Personal Injury Claim In Alabama?

When seeking damages in Birmingham, Huntsville, Montgomery, Tuscaloosa, Mobile, Hoover, Trussville, Mountain Brook, Vestavia Hills, Homewood, Fultondale, Gardendale, Hueytown, Bessemer, Pelham, Moody, Leeds, Madison, Florence, Gadsden, or in Jefferson County, Shelby County, St. Clair County, Walker County or anyplace throughout the state of Alabama, you must file your claim with a certain court.

When you file a claim seeking damages against individuals the following rules apply:

1) for the recovery of land, claims must be filed in the county where the land is located.
2) for contract disputes, claims must be filed in the county where a defendant resides.
3) all other claims must be filed where the injury occurred or where a defendant resides.

Tags: Civil Procedure

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Posted On: September 27, 2007

Two Killed In Shelby County Auto Accident

Two Sterett men were killed last week in a Shelby County, Alabama car accident along Alabama 25. Details are sketchy and no one knows if another car was involved. My thoughts and prayers go out to the deceased men's families. Every time something like this happens, we should all thank God for our health and remember to drive safely. Your whole life can change in an instant.

Tags: Accident, Automobile Accident, Car Crash

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Posted On: September 24, 2007

Alabama Dog Bite Law

The Alabama dog bite law is one of strict liability, meaning that if your dog bites someone on your property, you are liable for those injuries. The Alabama dog bite law is provided below:

Alabama Code Section § 3-6-1. Liability of owner of dog for injuries to person bitten or injured while upon property owned or controlled by owner:

"If any dog shall, without provocation, bite or injure any person who is at the time at a place where he or she has a legal right to be, the owner of such dog shall be liable in damages to the person so bitten or injured, but such liability shall arise only when the person so bitten or injured is upon property owned or controlled by the owner of such dog at the time such bite or injury occurs or when such person has been immediately prior to such time on such property and has been pursued therefrom by such dog."

However, if your dog bites someone not on your premises and poor Fido did not pursue someone from your premises, then in order to establish liability, the plaintiff must prove the defendant's knowledge of the dog's vicious tendencies. This is commonly referred to as the "one free bite rule." Thus, if a dog has never bitten anyone before, and there is no other evidence to suggest the dog is vicious and liable to bite a human, then no liability exists. The "one free bite" rule is a common law rule and is still in effect in Alabama.


Tags: Alabama Dog Bite Laws, One Free Bite Rule

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Posted On: September 24, 2007

Alabama Intentional Infliction of Emotional Distress Law

In order to prove intentional infliction of emotional distress, the plaintiff must present substantial evidence of conduct so outrageous in character and so extreme in degree as to go beyond all possible bounds of decency, and to be regarded as atrocious and utterly intolerable in a civilized society. This is a hard standard to meet and the tort(civil wrong) is rarely invoked successfully in Alabama courts.

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Posted On: September 24, 2007

Alabama Slip & Fall Injuries

In Alabama, when a business invitee slips and falls and alleges that business negligently failed to clean up substance on floor, plaintiff must prove that injury was proximately caused by negligence of the business or one of its servants or employees; actual or constructive notice of the presence of the substance must be proven, and plaintiff must also prove (1) that substance slipped upon had been on the floor a sufficient length of time to impute constructive notice, or (2) that business had actual notice that substance was on floor, or (3) that business was delinquent in not discovering and removing substance.

Basically, the Alabama Slip & Fall Rule is simple. The business must be shown to have notice, either actual or implied, of the danger than caused the slip and fall. If the business had notice and failed to remove the debris causing the slip and fall, then they are liable for the resulting damages.

Tags: Alabama Premises Liability, Alabama Slip & Fall, Birmingham Premises Liability, Birmingham Slip & Fall, Premises Liability

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Posted On: September 24, 2007

Alabama Wrongful Death Law

Alabama Code Section § 6-5-410 is the Alabama Wrongful Death Statute. It states that a wrongful death claim is actionable when a wrongful act, omission, or negligence causes death. The Alabama Code section is listed below for your convenience:

(a) A personal representative may commence an action and recover such damages as the jury may assess in a court of competent jurisdiction within the State of Alabama, and not elsewhere, for the wrongful act, omission, or negligence of any person, persons, or corporation, his or their servants or agents, whereby the death of his testator or intestate was caused, provided the testator or intestate could have commenced an action for such wrongful act, omission, or negligence if it had not caused death.

(b) Such action shall not abate by the death of the defendant, but may be revived against his personal representative and may be maintained though there has not been prosecution, conviction or acquittal of the defendant for the wrongful act, omission, or negligence.

(c) The damages recovered are not subject to the payment of the debts or liabilities of the testator or intestate, but must be distributed according to the statute of distributions.

(d) Such action must be commenced within two years from and after the death of the testator or intestate.

Tags: Alabama Wrongful Death Laws, Alabama Wrongful Death Statute

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Posted On: September 24, 2007

Alabama Wrongful Death Rules

In Alabama, a two-year statute of limitations applies to wrongful-death actions alleging medical malpractice. This means that you are barred from seeking remedy if you have not filed a claim within two years of the injury. So if a doctor kills your husband by negligently performing some kind of procedure, you have two years from the date of death to file a claim or you can no longer recover for the loss. You should immediately seek out an attorney who focuses their practice on wrongful death, personal injury and/or medical malpractice, if you or someone you know, is involved in a situation where a doctor causes the death of a loved one.

Tags: Statue of Limitations, Wrongful Death Statue of Limitations

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Posted On: September 24, 2007

Who is Covered by Worker Compensation in Alabama?

Regular employment of five or more people in any one business subjects an employer and his employees to the Alabama Workmen's Compensation Law. Certain kinds of employment are exempt from Worker's Compensation coverage:

(1) Independent contractors
(2) Real estate agents
(3) Employees whose work is casual and not in the ordinary trade or business of the employer
(4) Municipalities with a population of 250,000 or greater
(5) State employees
(6) Federal employees
(7) Railroad employees
(8) Owner/operators of commercial truck operating under certificate of public convenience

*** Those exempted from Worker's Compensation Coverage in Alabama are required to post a conspicuous notice of this exemption status.

Several Employers may elect to be covered by the Alabama Workmen Compensation Act:

(1) Employers of domestic employees
(2) Employers of farm laborers
(3) Employers who regularly employ less than five employees in any one business
(4) Municipalities with a population of less then 2000
(5) School Boards
(6) Volunteer fire departments and rescue squads

Tags: Workmen's Compensation

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Posted On: September 24, 2007

Alabama Worker's Compensation Act

Alabama Passes its first Workmen's Compensation legislation in 1919 and is codified in the Code of Alabama Section 25-5-1. The Alabama Worker's Compensation Law has been amended many times over the years. Payment of Worker Compensation benefits are based upon injury during employment, not the fault of a party. It provides an element of certainty as to the costs an employer may be required to cover for an employee's injury, and it provides some certainty of recovery for the employee as well.

Tags: Alabama Workmen's Compensation

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Posted On: September 24, 2007

Birth Trauma Resources

Nice resource published by WebMD detailing different kinds of birth injuries and their causes. Injuries to an infant that occur from mechanical forces(i.e. compression or traction), are categorized as birth trauma. Significant birth injury continues to plague our society and occurs 6-8 times per 1,000 births. A child's birth should be a happy and glorious time for families. My sympathies go out to anyone who has suffered from this kind tragedy.

Tags: Birth Injury, Birth Trauma

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Posted On: September 24, 2007

Motorcycle Accidents

George Clooney was injured in a Motorcycle accident on Saturday. Clooney suffered broken ribs and bruises while trying to pass a vehicle in the right lane. In New Jersey, it is illegal to pass a vehicle in the right lane, but it is unclear whether or not the car involved used his turn signal. New Jersey is likely a comparitive negligence state, which means Clooney and the driver of the car will be judged on their comparitive fault. So, if Clooney is 49% negligent for passing in the right lane, but the driver of the car is 51% negligent for not using his turn signal, the driver will have to compensate Clooney for the percentage difference.

Tags: Automobile Accident, Motorcycle Crash

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