Posted On: October 21, 2009

For Alabama Personal Injury Lawsuits, Time Doesn’t Always Heal Old Wounds

The scenario goes something like this: You or a family member is hurt on the job in a construction accident, seriously injured in a car crash, or receive a concussion from a slip and fall at a local supermarket or retail store. In Birmingham, Huntsville or any of the dozens of small towns across Alabama, people suffer minor bumps and bruises all the way up to life-threatening and even fatal injuries just going about their normal everyday activities.

As a Birmingham personal injury lawyer, I have successfully represented clients who have been hurt due to another’s negligence. If you think you deserve to be compensated for medical costs or other damages, stop thinking and start acting. Other than the actual accident that caused the injury in the first place, you need to consider the calendar. That’s right, personal injury claims are greatly affected by the statute of limitations.

In Alabama, filing a lawsuit for any type of claim -- be it an injury from an accident or an outstanding debt that someone may owe you -- it is crucial to remember that there are deadlines for filing lawsuits.

Every state has different rules, and because of this there are different deadlines depending on the type of case. For example, here in Alabama the deadline for filing a negligence claim is typically two years from the date of the accident on which the claim is based. However, the deadline associated with breach of contract is usually longer. There are rare exceptions that can sometimes apply to change the deadlines imposed by statutes of limitations. For example, it is not uncommon for a minor child to be granted a longer period of time in which to file a lawsuit than an adult.

In this state, a worker’s compensation lawsuit must be filed within two years of the date of the accident. There can sometimes be an extension if the employer or the worker’s compensation insurance company makes payment of compensation benefits after the accident.

Furthermore, there can be situations where statutes of “repose” or rules of “repose” can create additional, and many times different, deadlines. These statutes can often operate rather severely in regard to an injured person’s rights if that individual’s injuries were caused by a condition created much earlier.

This all goes to the importance of contacting an Alabama personal injury lawyer as soon as possible to discuss your options. Due to the complex number of rules and exceptions regarding statutes of limitations, claims requirements, and other laws, I highly recommend that anyone contemplating a lawsuit should definitely retain qualified and experienced legal counsel.

Tags: Alabama Personal Injury, Birmingham Injury Lawyer, brain truama, bus crash, death, defective equipment, fatal accident, head injuries, hospitalization, spinal column injury

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Posted On: October 7, 2009

Alabama Personal Injury News: Ponds and Rivers Pose Threat of Drowning for Young and Old

Even though the summer months are on the wane, there is still time to take a dip here and there in the greater Birmingham area, over in Montgomery or down in Mobile. For children, pools, rivers and ponds always pose a curious, yet dangerous opportunity. As an Alabama personal injury lawyer, I am constantly reminded of the hazards all around us. A drowning death is usually preventable. Even when a person is revived, brain death or mental incapacitation is quite often the result. A couple news items point out the danger that water presents, and not just to children.

Not too long ago, a Wood River, AL, man drowned in a private pond in Montgomery County during an evening swim. This was no child, so the lesson here is to beware and always have a friend along when swimming in a secluded or non-public area. According to reports, 55-year-old Jimmy D. Pennington drowned while swimming in a pond just southeast of Walshville, Alabama, which is about 30 miles northeast of Alton.

According to police, witnesses told investigators that Pennington had been swimming in a private pond located on Gerdes Lane, southeast of Walshville, sometime around 7:15 in the evening of August 14. Witnesses also said that they noticed the man was having difficulty swimming and began to struggle before going under water, at which point several people tried to rescue the man.

They reportedly pulled Pennington from the water and performed cardiopulmonary resuscitation, then took him to St. Francis Hospital in Litchfield using a personal vehicle. Unfortunately, the man was pronounced dead at the hospital by a Montgomery County coroner. Similarly, there were a couple more drownings in Houston County this past September.

News reports describe an incident on September 8 where emergency personnel were called to the scene of another tragic death. Another man died during an apparently unsupervised swim in a pond near Web, Alabama, where residents found James Edward Herring II dead around 4:30pm.

Houston County Coroner Robert Byrd said Herring was a resident of a group home located near the pond, but had checked out two days earlier to go visit some family. That death was the second drowning in just one week; an earlier incident involved a teenage boy from Enterprise, Stephen Bush, who drowned over the Labor Day holiday weekend in the Choctawhatchee River.


Wood River man drowns in private pond, TheTelegraph.com, August 17, 2009

Authorities called to second drowning within a week, DothanEagle.com, September 9, 2009

Tags: Alabama Injury Attorney, Birmingham Personal Injury Lawyer, drowning death, hospital, negligence, pond, rescue, resuscitation, swimming, water, wrongful death

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