October 10, 2007

Birmingham, Alabama Wrongful Death Lawyer & Attorney

I am an Alabama wrongful death lawyer and attorney who focuses his practice on personal injury and wrongful death. We are centrally located in Birmingham, Alabama so that we may regularly serve the entire state of Alabama conveniently. If you have lost a loved one in an accident or by some other negligent means, you deserve to get full compensation for your lost. Many wrongful death cases settle without going to court for millions of dollars. My firm will vigorously defend your rights and obtain the maximum compensation for your loss. We serve Alabama wrongful death clients throughout the state of Alabama in cities like Birmingham, Hoover, Mountain Brook, Homewood, Vestavia Hills, Fultondale, Gardendale, Huntsville, Montgomery, Tuscaloosa, Dothan, Mobile, Guntersville, Moody, Leeds, Fort Payne, Boaz, Pell City, Scottsboro, Pelham, Arab, Decatur, Florence, Cullman, and in counties like Jefferson, Shelby St. Clair, Walker, Montgomery, Madison, Escambia and throughout the state of Alabama. If you have lost a loved one as a result of someone's negligence, you owe it to yourself to call a law firm that focuses it's Alabama practice on wrongful death cases. We will not rest until we collect the maximum amount possible under the law. Do not settle a case without first speaking to an Alabama wrongful death lawyer and attorney.

October 8, 2007

Birmingham, Alabama Trucking Accident Lawyer

Eversole Law focuses its pratice on helping those who have been injured in an Alabama trucking accident. If you or a loved one has been injured in an Alabama trucking accident, you owe it to yourself to call the Alabama trucking accident lawyers and attorneys of Eversole Law. Our firm will fight to the very end for your rights. Do not settle any claim without first speaking to knowledgeable Alabama truck accident lawyers and attorneys at Eversole Law. You can bet the trucking company and it's insurance carrier has attorneys and lawyers working for them, you should too. Do not settle for less, go with the best. My firm is here for you 24/7.

October 7, 2007

Birmingham, Alabama Workmen's Compensation Lawyer & Attorney

My office protecst the rights of the injured; whether it be in an auto accident, slip and fall case, dog bites, or those injured on the job. As an Birmingham, Alabama worker's compensation lawyer and attorney, my office represents clients injured on the job throughout the state of Alabama. If you have been injured while at work, or while performing job related work, you have a right to workmen's compensation. If you have been injured on the job, do not settle any claim without first speaking to an attorney who focuses their practice on Alabama worker's compensation. An experienced workmen's comp. lawyer and attorney will be able to get the maximum award you are entitled under Alabama's workmen's compensation laws. The companies and insurance carriers have lawyers working on against you, you should have a qualified Alabama worker's compensation lawyer working on your side as well. DO NOT SETTLE FOR LESS THAN YOU ARE ENTITLED! Call my Alabama worker's compensation firm today for a free evaluation. And remember, there is no fee unless we collect on your worker's compensation claim.

October 4, 2007

Birmingham, Alabama Personal Injury Lawyer

I am a Birmingham, Alabama personal injury lawyer and attorney serving clients throughout the state of Alabama, in cities like Tuscaloosa, Montgomery, Huntsville, Mobile, Trussville, Pelham, Homewood, Mountain Brook, Vestavia Hills, Gardendale, Fultondale, Fort Payne, Scottsboro, Guntersville, Florence and all across the state of Alabama. I represent Alabama personal injury clients in slip and fall cases, car and auto accidents, nursing home abuse, motorcycle accidents, trucking accidents, tractor accidents, medical malpractice, failure to diagnose cases, wrongful death, workers compensation, dog and animal bites, insurance disputes, brain injuries, and birth injuries. If you have been injured in Alabama, you need an Alabama lawyer who focuses his practice on Alabama personal injury law. The insurance companies have millions of dollars and hundreds of attorneys working for them, make sure you hire an Alabama personal injury lawyer to protect your rights.

October 2, 2007

Birmingham, Alabama Car Accident Lawyers

I am a Birmingham, Alabama personal injury and car accident lawyer and attorney. I represent clients throughout the state of Alabama who need help protecting their rights. Insurance companies have millions of dollars and hundreds of car accident lawyers working against your claim. If you or a loved one have been injured in a Alabama car accident, you need to contact an Alabama car accident attorney who focuses his practice on personal injury and car accidents. My firm will work endlessly to obtain maximum compensation for your injuries. Eversole Law represents personal injury and car accident victims in Birmingham, Montgomery, Huntsville, Mobile, Tuscaloosa, Hoover, Cullman, Bessemer, Homewood, Mountain Brook, Vestavia Hills, Florence, Fort Payne, Anniston, Gadsden, Scottsboro, Decatur, Trussville, Gardendale, Fultondale, Moody, Leeds, Pell City, Pelham, Priceville, Guntersville, Dothan and all across the state of Alabama. We will not rest until those responsibile for your personal injury and car accident are held accountable.

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.

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.

September 24, 2007

Alabama Wrongful Death Law

Alabama Code Section ยง 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.

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.

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

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.

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.