Premises Liability (Slip & Fall)
Credit Reporting Errors
Debt Collection Abuse
Personal Injury is an umbrella, or broad, term used to identify those situations where one is injured by the negligence or the omissions of another. It’s easier to explain when giving examples. For instance, auto accidents or slip and fall mishaps usually happen without any warning. The insurance company will take decisive steps to protect itself and minimize its exposure to paying your potential claim. You deserve quality representation to protect your interests.
After such a dramatic situation as an auto accident, you should not have to worry with the burden of dealing with the insurance companies… you should only have to worry about getting yourself back healthy, back to work, and back to the place and condition you were prior to the accident.
Let us be the ones to help guide you. Call us today. If you cannot make it to our office, don't worry– we'll come to you!
The moments after an auto accident can be a scary time. Do you know what to do? Our checklist is included in the blog section HERE.
You should know that insurance companies exist primarily to protect their own interests. This is especially true when it comes to automobile and personal injury accidents, as the payouts can be large and the insurance company would like to avoid that whenever possible. They might contact you immediately after an accident – sometimes while you're still receiving treatment – and will ask all sorts of questions. Depending upon the issue in question, they might even ask you to sign some documents. Do not sign or say anything without speaking to an attorney! We can help you determine exactly what you might be signing as well as what kind of impact speaking with the company might have upon your case.
We’ve written much, much more on this subject, but have relegated that to the Blog. Visit it here or click below to read the particular entry.
Auto Accident Checklist- So, you've been in an accident, and you're wondering, "What do I do now?"
Signs of Distracted Driving- It only takes a few seconds of taking your eyes off the road to lead to catastrophic, life-changing results. Here’s how to spot distracted drivers and to try to avoid them.
Uninsured and Under-insured motorist coverage- Plain and simple, it is there to protect you in cases where the at-fault driver has either no insurance or has insufficient coverage to pay for your bodily injuries and associated damages.
Is Your Insurer Friend or Foe- The answer is -- both, possibly. Click to read more, where we expound on subject.
Premises Liability (Slip & Fall)
Premises Liability refers to a group of cases where one is injured on the property of another. Common premises liability cases are slip and fall cases and dog bite cases. Any injury on the property owned or operated by another can fall under this umbrella term, though.
In order to successfully prove a premises liability case, you must show the following:
the owner or occupier of the property had a duty to protect;
the owner/occupier breached that duty;
the breach caused an injury; and,
you suffered some physical, mental or emotional harm.
The duty owed to you depends on your status. If you are going onto the property of another for their financial gain, then you are called an invitee. A social guest is coined a “licensee,” and there is always that pesky trespasser… Time is of the essence in most injury cases, and that is no different in premises liability cases. Medical care is, as always, a paramount concern. Secondly, insurers need to be placed on notice, and evidence of the scene of the injury needs to be preserved.
Failure to act immediately may make it extremely difficult or impossible to prove your claim. Call us today and we’ll take the time to sit down with you and discuss your potential claim.
Dogs can be amazing pets. They can also cause enormous pain and suffering when they act aggressively. In Alabama, a dog owner is strictly liable for damages caused by their dog, which means that the injured does not have to show that the owner knew or should have known that their dog was likely to cause injury. Most homeowner’s insurance policies will cover losses suffered by those injured by another’s dog.
We’ve successfully prosecuted claims for injured parties against aggressive dog owners. We want to be the one’s you turn to in such dire times. If you’ve been injured by another’s dog, don’t hesitate to call our office today for a free consultation.
Medical Malpractice actions happen when a hospital, doctor or other healthcare professional cause an injury to a patient either by their own negligence or omission. The injury can be can be a result of failure to properly diagnose a condition, failure to properly treat, or failure in the health management of a patient
In order to satisfy the requirement under the Alabama Medical Liability Act (“AMLA”), the injured party must show the following:
That the hospital, doctor or healthcare professional breached the applicable standard of care;
That an injury was proximately caused by this breach; and,
That the injury is fairly significant.
Chain pharmacies fill hundreds of prescriptions a day. Often, pharmacies rely upon technicians to fill the void for lack of qualified pharmacists. Therefore, it is not uncommon for a customer to receive the wrong dosage or the entirely wrong prescription. The results of such negligence on behalf of the pharmacy can lead to substantial, unwanted side-effects, and the effects can be catastrophic and deadly.
People are increasingly found on area waterways enjoying a weekend away on their boat, or going up into the mountains for a nice bike ride through Alabama’s beautiful countryside. However, accidents can and do happen while enjoying such pleasurable activities. If you’ve been injured by the negligence of another either in a boating or cycling accident, give us a call. We have the experience to see to it that your interests are property advocated, and ensure that you get a proper recovery.
Chapter 7 or straight Bankruptcy case, an individual or married couple requests the Bankruptcy Court to “discharge” or eliminate particular debts. The most likely and most often pursued goal in a Chapter 7 is to eliminate unsecured debt, e.g., credit cards, medical bills, payday loans. Debtors can also choose to surrender vehicles and mobile homes, and eliminate the risk of being “under water” in regards to this certain collateral. Should you wish to retain your secured collateral, e.g., vehicles, primary residence, you can do so by reaffirming the debt, or entering into a voluntary repayment plan, with each creditor.
Chapter 7 is oftentimes an effective way for debtors to get the “fresh start” that they so desperately seek.
Chapter 11 – This chapter of the Bankruptcy Code generally provides for reorganization, usually involving a corporation or partnership. A chapter 11 debtor usually proposes a plan of reorganization to keep its business alive and pay creditors over time.
People in business or individuals can also seek relief in chapter 11. Chapter 11 is frequently referred to as a “reorganization” bankruptcy. A chapter 11 can sometimes be used as an effective way to allow the debtor to remain in business as a viable entity, while getting better repayment terms than were offered prior by the creditors outside of bankruptcy.
A chapter 11 imposes a “stay” on all collection efforts imposed by the creditors, which will allow the debtor an opportunity to propose their plan of reorganization and is vitally important at the initial stages of this bankruptcy. Creditors are appointed to different “classes” (e.g., priority, secured and unsecured), and they all get a vote on whether the plan of reorganization is feasible, desirable and whether or not it will satisfy their claim (debt).
Chapter 11's involve many tactical and procedural hurdles and obstacles. It is best to speak with an attorney who is trained on these matters before going at it alone.
Chapter 13, or Debtor's Court, can be a useful way for an individual or married couple to consolidate their bills and repay their debts while being protected by the Court. In a Chapter 13 case, unsecured creditors (e.g., credit cards, medical bills) receive no interest or late charges while you are repaying your debt through your plan. Your secured debt (e.g., mortgage arrearages and car notes) is also paid through your Chapter 13, often at reduced interest rates and monthly fixed payments. Chapter 13 is effective means at stopping garnishments, repossessions, and even foreclosures on property.
Chapter 13 involves complex issues in most cases, and is vastly different in each individual situation. Our office has successfully represented hundreds of Debtors in Chapter 13. There is NEVER A CONSULTATION FEE, so contact us today for a free appointment!
The three main types of product defects are design defects, manufacturer defects, and defects in instructions or warnings. The legal remedy for injuries sustained from a defective consumer product vary from case to case.
Defects in Design – Example: A bicycle manufacturer's design specifies brake cables that tend to come apart when the rider applies the brakes during normal use.
Defects in Manufacturing – Example: A car has an accelerator that is prone to sticking, due to a defective manufacturing process, creating the possibility of a serious accident and injuries or death.
Defects in Warnings – Example: An adequate written warning is required for a space heater that is prone to overheating and causing a fire hazard if left on for more than 12 hours.
Other Common Defects and Recalls:
Defective Medical Devices
Vehicle Recalls and Defects
Dangerous Baby and Kids' Products
Toxic Chemicals and Materials
Dangerous Consumer Products
Credit Reporting Errors
Your credit report, and the accuracy of it, determine many decisions in today's world, from obtaining employment to utility service. So, it is of utmost importance that you ensure that your report is accurate.
The Fair Credit Reporting Act (FCRA) was enacted in 1970 as a means to ensure reliability and accuracy of one's credit report. The FCRA governs the collection, use and dissemination of a consumer's credit information. You can obtain a FREE credit report by visiting www.annualcreditreport.com. The Fair Trade Commission (FTC) also has useful information on it's website, www.consumer.ftc.gov.
Credit reporting errors, including identity theft, is a common occurrence, and one you of which you need to be aware. If you suspect you may have experienced either an error or identity theft, call today for a FREE CONSULTATION.
Debt Collection Abuse
The Fair Debt Collections Practices Act (FDCPA) governs creditors' behaviors in their attempts and subsequent action to collect a debt. The law is aimed at preventing “abusive, deceptive, and unfair debt collection practices by many debt collectors.” See FTC.gov. The FDCPA addresses such things as when creditors may call you, to whom they may speak with concerning a particular debt, and what information and disclosures must be given to the consumer.
It is not uncommon for creditors to shun the FDCPA and It's regulatory function. If you feel that you are being harassed by a creditor, and their attempts to collect on an alleged debt, then call us today. We want to see to it that your rights are protected.
Insurance can serve a wonderful purpose. Insurance is there, or should be there, in order to cover you for an unexpected loss. For instance, homeowner’s policies should help and pay out the coverages if your home is damaged by a storm. Or, life insurance policies should pay out upon the untimely passing of the insured during the pendency of the policy.
However, many insurance companies don’t hold up their end of the bargain. Far too often, insurance companies show that they are really good at collecting premiums, but really bad a paying just and fair claims. That’s where we come in… we have successfully prosecuted claims of bad faith against insurance companies and recovered just and fair compensation for our clients.
There are times when contractors, engineers, excavators and subs alike fail to uphold the standards of their field. Many times, the result is harm to the homeowner or adjacent homeowners from contractors’ or others’ negligence.
We have successfully settled claims versus nationally-known homebuilders. where adjacent developments caused damages to property of our clients. These cases are difficult to navigate, as these companies have deep pockets, often self-insured, and have no problem fighting off prospective liability. In short, they don’t like to admit they’re wrong!
That’s where we come in. We’ll take the time and investigate the situation, and not stop advocating on your behalf until you are compensated fairly and justly. Let our experience work for you!
There are bound to be some times where you might need a lawyer to look over a situation. Whether you’ve paid someone for a service that went unfulfilled, or you have had a sour business dealing, or just in need of some good ol’ wise, legal counsel, we want to be there for you. Always feel free to give us a call. Lean on Us!