Personal Injury Coupled With Wrongful Death

Under Alabama law, only punitive damages are recoverable for wrongful death. However, if a lawsuit is filed before the person passes away AND the death was caused by the act made the basis of the original lawsuit, other damages like pain and suffering, mental anguish, lost wages (up until the time of death), and medical expenses are recoverable. Therefore, it is critical to get a lawyer ASAP if serious injury happens to a family member or friend.

Car Accident – Subrogation claims by Insurance Companies

Recently, the Alabama Court of Civil Appeals ruled that persons injured in car wrecks do not have to pay back there own insurance company the full amount of money that the insurance company paid out under the medical payments portion of the persons automobile  policy. Under the “common fund doctrine” the insurance company must reduce their claim to pay for attorneys fees (and I would argue costs as well) unless they actively participate to recover the money. Why should an insurance company get a free ride from their own insured  1) who was the injured party, 2) when the insurance company did not do any work to get any money and 3) when the insurance company collects from their own insured  premiums for medical payments coverage?

Car accident and underinsured motorist coverage

If you have uninsured motorist coverage on one or more of your vehicles, you still maybe entitled to additional money even if you are hurt in an accident and the at-fault driver has insurance. Although it is called uninsured motorist coverage, this insurance also applies to underinsured motorists as well, i.e., there is not enough insurance for the damages. However, be aware there are numerous pitfalls when dealing with this type of insurance. Call an attorney to help with this process.

Maritime – Offshore Injuries

There are a patchwork of laws that apply to offshore and/or maritime injuries. First, one must determine the “status” of the injured victim. Longshoreman? Seaman? Rig worker? Passenger? Other maritime worker? Next, one must determine the location of the injuries. Within three miles of the territorial sea? State waters? Waters wholly within a state? More than twelve miles out? Thirdly, the object must be identified. Movable rig? Fixed rig? Vessel in navigation? Vessel under construction? Construction platform? The theories of recovery can consist of the Jones Act, general maritime law, unseaworthiness, products liability, maintenance and cure, Death on the High Seas Act, and the Longshoreman and Harbor Workers Act. If you, family, or friends have been hurt on or off  “the waterfront” contact us immediately.

New Law- Wrongful Death Of A Baby Still In The Womb

The Alabama Supreme Court ruled that a “nonviable” fetus who passes away due to the wrongful conduct of another has a tort claim for wrongful death. Prior to this ruling, only a baby who could live outside the womb, a.k.a. a “viable” fetus, had such a claim. Although the Alabama Supreme Court rules against victim’s 90% of the time, the Republican Court could not do so in this case because it would contradict the Republican position on abortion.

Auto Accidents involving defective products – the new China syndrome

Alabama has recently enacted more corporate welfare for those injured by defective products, including companies that cause auto accidents resulting in wrongful death. Here is the scenario: a U.S. company imports garbage products from China. The Chinese company is insulated from liability because our partisan U.S. Supreme Court held that there is no jurisdiction over the Chinese company EVEN THOUGH THEY MAKE BILLIONS FROM THE U.S. CONSUMER! Therefore, our enlightened legislators enacted more corporate welfare with a law that insulates the distributor, importer, etc. This makes it almost impossible to file a case. However, there is still hope for people suffering severe permanent injury or wrongful death. File suit in a state other than Alabama if there are companies in the chain of distribution located in another state. My good defense lawyer friend, who works at a big firm, asked why there are no more cases being filed in Alabama. Just look at what the Courts and legislature do in this State and on a national level. Good luck -especially when using Chinese products.

The Dangers of Holiday Driving

This is usually one of the best times of year for numerous reasons. However, it can also be the most tragic. With all the functions, parties, and shopping, people tend to be on the road frequently. Moreover, drinking and driving is more common now than at other times of the year. Make sure you drive more defensively than normal. Leave yourself extra time for travel. Get a designated driver. If you plan on traveling in an area where snow will cover the roads, slow down. Black ice is invisible, so get off the road if you start to feel the car losing control. White outs can be so devastating that you actually cannot see a few feet in front of you.  If you, a family member, or friend have been a victim of a holiday accident involving injury or wrongful death, we are here to help through these emotional times. Merry Christmas and Happy Holidays.

Medicare Confusion?

Medicare pays for medical treatment to those who are elderly and disabled. When Medicare pays for medical treatment due to another’s fault in an accident, Medicare has a right to be paid back. Furthermore, this applies to med pay coverage and uninsured motorist coverage, Medicare has created a minefield for injured victims and insurance companies alike. Victims get mad because their settlements are held up for months. However, if the medicare lien is not protected, victims can be sued by Medicare as well as everyone else in the process. On future medicals, a medicare set-aside should be considered as well, especially in workers comp cases if medicals are settled out.