Alabama Injury Lawyer Blog

Pedestrians all across Alabama are hurt or killed as a result of a negligent drivers more often than you may imagine. As a Birmingham personal injury attorney, I know all too well the kind of bodily injures a passenger car, pickup truck or commercial delivery vehicle can inflict on person walking along a rural route or crossing a city street. I don’t need to remind anyone that it is every driver’s responsibility to be aware of persons on foot in or near our public roadways.

In the countryside, as well as in our cities, there are more than enough opportunities for pedestrians to sustain injuries, many of them life-threatening, due to an automobile collision. Auto-pedestrian accidents typically result in the pedestrian being severely hurt, left unconscious or even permanently disabled as a result. The aftermath of a car-pedestrian collision usually entails cuts and bruises at best, with broken bones, concussions and possible traumatic brain and spinal cord injuries being commonplace.

Recently, a 17-year-old student from Baker High School was hit by the driver of a pickup truck near a construction zone in West Mobile, AL. The traffic accident took place in the morning hours while the young man was crossing Airport Boulevard apparently on his way to school. According to police, Alfred Leonard was in critical condition following the accident that happened just before 7:30am. Emergency personnel responding to the crash treated the student who was subsequently transported to the University of South Alabama Medical Center.

Based on news reports, the boy was still unconscious when he was admitted to the medical facility’s intensive care unit (ICU). A spokesman from the Alabama Department of Public Safety stated that Leonard suffered a lacerated liver, broken femur and a possibly serious head injury.

As much as we may want to trust that drivers will be watching out for persons on foot, my warning to anyone who walks on or near public thoroughfares is be very careful and never assume that motorists will see you, even in the middle of the day. As pedestrians we must be highly vigilant and aware of oncoming traffic. Even if you cross in a designated crosswalk, be sure that all traffic is stopped and it is safe to proceed. Being a personal injury lawyer and parent myself, I say this goes doubly for children walking to or from school.

Baker HS Student Struck By Truck, WKRG.com, February 4, 2010

Posted by Steven D. Eversole | Permalink | Email This Post

Posted In: Brain Injuries , Car Accidents , Personal Injury

Tags: Alabama Injury Attorney, auto accident, Birmingham Personal Injury Lawyer, brain truama, death, driver fatigue, excessive speed, fatal accident, fatality, head injuries, hospitalization, intensive care, negligence, negligent driver, passenger car, pedestrian, spinal column injury, traffic death, truck accident, wrongful death

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Many people don’t realize the extent that an injury can have on one’s life. Whenever someone is hurt in an on-premises accident that seriousness of that bodily injury can cause a great deal of trauma, not just to the victim but to his or her family as well. Physical trauma goes without saying, but if that slip-and-fall accident or other personal injury results in even temporary disability you’re looking at potentially high medical bills, not to mention lost wages or the complete loss of a job as a result.

As a Birmingham personal injury attorney, I understand how much an on-premises accident can disrupt a person’s life. This kind of accident can really put your family in a financial bind. Representing Alabama resident in the area of injury law, I have many years of experience in handling cases for people hurt or killed as a result of another person’s negligence.

One thing you must do before agreeing to any settlement with an insurance company or other party is to consult a knowledgeable Alabama personal injury attorney. The small amount of time required can help you to better understand your rights in the aftermath of an accident. Whether that injury is only temporarily or has left you permanently disabled, you must do your research before making any decisions that could adversely affect you and your loved ones.

Being injured at work or while performing a job-related task means you may be able to qualify for workmen's compensation. As above, if you have been injured on the job never agree to settle any claim without first talking with a qualified attorney who focuses his or her practice on Alabama worker's compensation law. An experienced workmen's comp lawyer has the skills to help you realize the award to which you are entitled under Alabama's workmen's compensation laws.

And don’t forget, Alabama worker’s compensation benefits can sometimes come up short when compared to lost income and high medical expenses associated with an on-the-job injury. An experienced injury lawyer can help you in the event there is third-party liability associated with your injury. In fact, it is not uncommon for the recovery from a third party to be greater than that from the individual’s employer.

Posted by Steven D. Eversole | Permalink | Email This Post

Posted In: Personal Injury , Slip & Fall Accidents , Worker's Compensation

Tags: Alabama Injury Attorney, Birmingham Personal Injury Lawyer, brain truama, driver error, employer responsibility, hospitalization, lost wages, medical costs, neck injuries, negligence, on-premises accident, on-the-job accident, serious injury, spinal column injury, traumatic brain injury, work-related accident

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As a personal injury attorney serving clients in Birmingham, Auburn, Gadsden, Bessemer and throughout Alabama, I have the skills and experience to help individuals injured as a result of another person’s negligence. Whether it’s a slip-and-fall accident, products liability case or injury resulting from a drunk driver, you’re best course of action is to retain the services of a qualified legal professional.

Not surprisingly, an experienced auto accident lawyer and personal injury attorney can make all the difference in the world to someone hurt in a traffic or on-premises accident. A recent article brought to mind the potential benefit of bringing legal knowledge to bear in an injury case. According to news articles, it has never happened in the history of Alabama’s legal system, but a former nightclub stripper sued her employer after she drove drunk and became injured in a drunk driving-related car crash.

Amazingly, the former exotic dancer was awarded $100,000 after blaming the club for her accident. According to court records, Patsy Hamaker of Bessemer, AL, claimed she left the strip club in an intoxicated state and eas subsequently injured in a 2007 traffic accident. She argued that the nightclub went against its own written policies, although lawyers for the club said that no policies where in existence at the time.

Hamaker had filed the suit against The Furnace in Jefferson County for a total of $1.2 million in damages after she left the club and drove home drunk. According to reports, the woman had a 0.198 blood-alcohol content following the accident on October 17, 2007.

Although the plaintiff was legally drunk, she claimed the club was at fault for allowing her to leave before she sobered up. Defense attorney’s for the club argued that Hamaker was also high on other substances, which the club apparently did not know about. Still, a jury sided with the former exotic dancer, who said she can no longer dance because of the injuries sustained in that traffic accident. A Jefferson County jury awarded her $100,000 for compensatory damages to cover her unpaid medical bills. No punitive damages were awarded.

The defense said it would consider an appeal from a public policy stand point since there has never been a case like this in the state of Alabama.

Jury awards ex-Stripper $100K for DUI wreck, WashingtonPost.com, February 3, 2010

Former Exotic Dancer Wins Lawsuit Update, CBS42.com, February 2, 2010

Posted by Steven D. Eversole | Permalink | Email This Post

Posted In: Car Accidents , Personal Injury

Tags: Alabama Injury Attorney, auto accident, Birmingham Personal Injury Lawyer, brain truama, employer responsibility, hospitalization, neck injuries, negligence, passenger car, serious injury, spinal column injury, traffic accident, traumatic brain injury, unpaid medical costs

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On-the-job mishaps, on-premises accidents or other incidences involving bodily injury can not only disrupt your life, but also can put your family in a difficult financial situation. As a Birmingham personal injury lawyer, I have many years of experience handling cases for individuals who were hurt as a result of another person’s negligence. Before you agree to any settlement, I recommend that you consult a knowledgeable Alabama personal injury attorney to better understand you rights following an accident that leaves you temporarily or permanently disabled.

One example of how a qualified legal professional can help you in such situations is related to the area of liability. Take for example a worker injured on the job while working in a manufacturing facility. Initially, it may seem obvious that the owner of that factory or production plant is responsible for any accidents that occur while an employee is working for that company. But did you ever consider what attorneys refer to as “third-party” liability?

Here in Alabama, worker’s compensation benefits can come up short when compared to the lost income and medical expenses associated with an on-the-job injury. Employees injured while working at their place of employment should always consider the possibility of third-party liability when seeking recovery of expenses and other costs associated with an injury. In fact, the recovery from a third party can often be greater than that from the individual’s employer.

As part of my work as a personal injury lawyer, I typically investigate the causes of injury to determine whether or not a third party was responsible for the worker’s injury. It is not at all uncommon to find that a defective manufacturing machine or other device was the cause of the injury. If so, it is very possible that the equipment that caused the injury was defective to the extent that it was not designed correctly so as to protect the operator from injury or lessen certain hazards during operation. Many times, the lack of proper warnings or labeling on the machine could have contributed to the injury.

Third-party liability goes beyond the manufacturer of a machine. It can also be applied to employees of another company who may have themselves been the cause of an accident, such as a motor vehicle crash, which resulted in an injury. There are many types of negligence by third parties that can give an injured worker a cause of action. Because of this, consider carefully before you accept any settlement and by all means contact a lawyer right away. Your family’s future may depend on it.

Posted by Steven D. Eversole | Permalink | Email This Post

Posted In: Construction Accidents , Personal Injury , Slip & Fall Accidents , Worker's Compensation

Tags: Alabama Personal Injury Attorney, Birmingham Injury Lawyer, employer liability, on-premises injuries, On-the-job Injuries, slip and fall, Third-party Liability, Workman's Compensation

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An automobile accident is bad enough when another driver makes an error causing you serious injury, but no one expects that the safety equipment designed to protect you in a car crash will actually be the cause of physical injuries or possibly death. Yet, this is why Honda is recalling nearly 500,000 of its Civic and Accord models, as well as some Acura cars, many of which are being driven in Birmingham, Mobile, Huntsville and other cities throughout Alabama.

As a Birmingham personal injury lawyer, I’ve handled many automotive defective equipment cases, but this one is perhaps worse in that it involves a car part that is supposed to save lives, not kill people. According to reports, the defective components are part of these cars’ steering wheel airbag system. During operation, portions of the airbag inflation system can break off and be propelled at the driver or passengers.

One fatality has already been reported, as well as several other non-fatal injuries, which involve this specific airbag defect. Back in November of last year, Honda announced it would recall some of its 2001 model year Accord and Civic sedans, but now the company has expanded that recall to include another 440,000 cars.

According to news reports, the potentially life-threatening defect is part is the vehicle’s driver-side airbag inflator assembly, which can rupture as a result of excessive air pressure and potentially cause metal fragments to shoot out through the airbag, possibly hitting vehicle occupants.

I know there are many people who drive Honda cars and I worry for them if this defect is not fixed soon. Being an Alabama personal injury attorney, I understand how this type of vehicle problem can only make an already bad automobile crash much worse. Nobody can imagine that an automotive safety system will actually hurt them, but in this case it could easily happen, which is why Honda is now recalling the affected vehicles.

The safety recall covers a number of 2001 and 2002 Accords, 2001 Civics and some 2002 and 2003 Acura TL models. The driver's side airbag is the defective component that needs to be replaced on the affected vehicles. Owners can check to see if their vehicle is affected by visiting Honda’s owner website and logging on. Honda has encouraged its customers to wait until they receive a recall notice before going to a dealership, since it may take a while for the parts to be in stock.

Honda recalls 440,000 cars for airbag risk, MSNBC.com, July 31, 2009

Posted by Steven D. Eversole | Permalink | Email This Post

Posted In: Personal Injury , Product Liability , Product Recalls , Wrongful Death

Tags: Accord, Acura, airbag, Alabama injury lawyer, Automobile Recall, Birmingham product liability attorney, Civic, defective equipment, Honda, injury, product liability, wrongful death

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Whether it’s here in Alabama or elsewhere, it’s a terrible shame when good people are killed or injured in seemingly haphazard accidents. Being a personal injury attorney, I read with sadness a news report about a Baptist church bus carrying several dozen adults and children that rolled over on I-20 near the Alabama Welcome Center north of Birmingham, AL. One 14-year-old boy died from serious injuries received when he was thrown from the bus during the tragic crash, while 23 other passengers escaped near death with lesser injuries such as broken bones, cuts and bruises.

According to reports, on July 12 the church bus was traveling eastbound on Interstate 20/59 near the Alabama Welcome Center at the Alabama/Mississippi state line, about 80 miles southwest of Tuscaloosa. Suddenly, a tire blew out causing the driver to lose control of the vehicle. The bus apparently veered quickly to one side, which caused the large vehicle to flip over and roll three times at highway speeds.

As a Birmingham personal injury lawyer, I can say without a doubt that a high-speed rollover accident is one of the more violent vehicle crashes. For a bus crash, where the passengers are typically not wearing seatbelts, injuries sustained by the occupants can be extremely severe to the point of being fatal. Not only broken bones, but head, neck and back injuries are very common, which includes brain and spinal column trauma.

The church’s youth minister, Jason Matlack, fractured his C7 vertebra and had artery injuries that caused serious internal blood loss. According to reports, it took doctors a while to figure out why the man was losing so much blood. He is doing better now, but his injuries were severe and could have resulted in death had doctors not been able to stabilize him early on.

Several teenage passengers also received serious injuries. One girl, who was released from the hospital a few days after the wreck, had fractures of the neck and upper back. Another youngster had surgeries to repair fractures to her femur, clavicle and face. Still another remained in critical condition a week following the accident due to severe head injuries.

In all, 17 youths and six adults were injured and one teenager was killed in the accident -- all because of one blown tire. Whether the final police accident report shows the tire was too old, poorly maintained or simply defective from the factory, the pain and suffering that these folks and their families have gone through is almost immeasurable.

If you or a loved one has been hurt as a result of a vehicle accident caused by defective equipment or another person’s negligence, my advice is for you to consult an experienced personal injury lawyer to learn about your various options to recover medical costs and other damages for pain and suffering. Life is too precious.

Youth minister hurt in bus wreck released from hospital, ABPNews.com, July 20, 2009

Posted by Steven D. Eversole | Permalink | Email This Post

Posted In: Brain Injuries , Car Accidents , Personal Injury , Wrongful Death

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

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I was pleased to read recently that the family of a young woman killed in a 2004 apartment fire will finally get their day in court. That family's Alabama civil suit stemmed from a south Huntsville arson fire that claimed the life of 24-year-old April Collins, a teacher who lived in the apartment block that was set afire.

Although Henry Rice, also a tenant of the Hunters’ Ridge Apartment complex, was found guilty of intentionally starting that deadly blaze and sentenced to life in prison, Collins’ family and other victims who were injured or whose property was destroyed as a result of the fire lost their opportunity to bring seven individual civil suits against the apartment’s owner and the builder back in 2007.

As a Birmingham personal injury lawyer, I’ll be the first to say that justice doesn’t always come in the first round. In this case, attorneys for the victims of that fire were told by a lower court that they did not have grounds for a civil suit, but on appeal to the Alabama Supreme Court they will now be able to move forward. I always fight hard for my clients and sometimes that includes taking things to the next level. This is an example where perseverance paid off, at least initially.

Following that fatal fire, which also caused injury to other residents of that apartment complex, numerous civil claims were filed against the builder, Scenic Homes, and the landlord, Enterprise Apartments. According to reports, the Collins' family attorney claimed that an architect was not used during construction of the complex and many fire and building safety codes were bypassed -- most critically that any apartment structure must have at least two exit stairwells.

In addition to having no sprinklers, the complex reportedly also did not have fire alarms. As a result, by the time Ms. Collins was alerted to the blaze, her only avenue of escape was blocked by the spreading fire. She had no choice but to run through the flames, which caused extensive burns that resulted in her death. According to court records, expert testimony indicated that if the building been code compliant, Collins might still be alive today.

Despite the weight of these and other statements by the claimants, the defendants’ lawyers argued that the landlord and the builder had no duty to make the building safe in the event the fire was set on purpose, such as part of a criminal act. Apparently, Madison County Circuit Judge Loyd Little ruled the arsonist's criminal act negated any duty by the defendants.

Thankfully, the Alabama Supreme Court overturned Little's decision 9-0, unanimously agreeing that the duty to build and maintain a structure in a safe condition is not dependant on how a fire will be set. This paves the way for the original civil suits to go to trial sometime around September, with the Collins family’s case planned to be the first.

AL Supreme Court overturns local judge's decision on fatal fire civil suit, WAFF.com, July 1, 2009

Posted by Steven D. Eversole | Permalink | Email This Post

Posted In: Personal Injury , Wrongful Death

Tags: Arson, Building Safety Code, Burn Victim, Fire, Personal Injury, Premises Liability, Wrongful Death

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Looking around Alabama, I see many opportunities to reduce the number of injuries and even deaths that occur in the course of our daily activities. From Huntsville to Birmingham all the way down to Mobile, I’ve heard so many personal injury horror stories it’s amazing that more people aren’t hurt or killed simply by going about their life.

From cleaning gutters without taking the proper safety precautions to home electrocutions as a result of not installing ground fault circuit interrupter devices, many of these accidents can be prevented with a little forethought. And I won’t even go into industrial accidents and work-related injuries.

Even with all this, something got me thinking the other day when I heard a very grim statistic in the news. Did you know that Alabama is number two in the nation when it comes to gun-related deaths? We shouldn’t be surprised, since the number of gun accidents directly correlates to total gun ownership. Although most gun owners in our state are conscientious, we could still do a better job in regard to gun safety.

As a Birmingham personal injury lawyer, I must state that there are few events more devastating to a family and a community as a child hurt or killed by a family’s firearm. These are not toys, though kids don’t always know the difference, especially the young ones. Gun ownership is a right, but that right comes with a huge responsibility to your family, your neighborhood and society in general.

If you don’t believe me, take a look at the statistics. According to the National Education Association Health Information Network, the rate of firearm deaths among children under the age of 15 is nearly 12 times higher in the United States than in 25 other industrialized nations combined. And sadly, American children are 16 times more likely to be murdered with a gun than in all these other countries combined.

Some people may say they can’t prevent gun-related homicides involving kids, but there is an area that needs real attention. Deaths from family-owned firearms. Fact: American kids under 15 years old are 11 times more likely to commit suicide using a gun, and nine times more likely to die from a firearm accident than children in those other industrialized countries.

How do the numbers stack up? Louisiana has the highest rate of gun deaths -- almost 20 per 100,000 of the population -- with Alabama a close second at about 17 gun-related fatalities per 100,000 people. No surprise there, since 57.2 percent of Alabama households have guns, according to a spokesperson for the Violence Policy Center. Alaska, Mississippi and Nevada are the runners up in this gloomy assessment of firearm safety.

The bottom line, Alabama: Unload your guns and lock them up when not in use. Gun owners are the first line of defense against the senseless tragedies we read about in the news every day.

Alabama ranks second in gun deaths, TimeDaily.com, June 16, 2009

Posted by Steven D. Eversole | Permalink | Email This Post

Posted In: Gun-related Injuries , Personal Injury , Wrongful Death

Tags: Accidental Shooting, Children, Death, Firearm Safety, Gun Deaths, Gunshot Wound, Personal Injury, Teen Suicide, Toy Gun

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Summer is here and soon school will be letting out. Every Alabama family knows with summer vacation comes that annual trek to the amusement park. Whether it’s a facility in Huntsville or Bessemer, Auburn or Dothan, for most folks the thought of broken bones, closed-head injuries or even accidental death are hardly things that come readily to mind while strolling down those colorful and noisy midways.

As a Birmingham personal injury attorney, I enjoy some controlled excitement from time to time, but a recent article got me thinking about theme park safety. Amid the smell of cotton candy and sounds of children having a great time, there could be danger lurking. Exercise caution the next time you go.

Some people worry all the time about being injured on roller coasters, but most don’t give it a second thought. But beneath their glossy, candy-colored exteriors, rides may be shoddily maintained, which can easily turn a roller coaster ride deadly. And although amusement park owners point to an impressive-sounding 0.00057-percent industry accident rate, experts say that number is misleading because the actual accident reporting is left to the parks themselves. Underreporting may be the norm since the more they report, the more fines they incur and the more trouble they get into.

The most chilling news is that not all amusement parks are inspected equally. Some states, Alabama among them, do not regulate rides at all. Others such as Mississippi and Washington, D.C., regulate traveling carnivals but not permanent ones. Among the safest states are Florida and Pennsylvania, both of which employ full-time inspectors who do nothing but evaluate amusement rides for safety.

Unfortunately, better legislative attention only comes following a tragedy. In California, legislation to regulate theme parks was introduced after a 1997 disaster at Waterworld USA, where a waterslide collapsed and killed one high school student while injuring 32 others after they attempted to climb on together. As a result, California now has permanent theme park regulations.

Drowning is not the only threat at water parks. A 22-year-old broke his neck after going down head first on a waterslide at a New Jersey park. The six-foot-two, 225-pound man either hit the bottom of the pool with his head or simply the force of hitting the water snapped his neck back. Regardless, he is now a quadriplegic -- the park settled his personal injury suit for $4 million.

According to experts, waterslides can turn riders into human projectiles hurtling at speed up to 25 miles per hour and requiring levels of physical competence that are simply unnecessary for riding even the scariest roller coaster. While the physical challenge is clearly part of the fun, it also increases the level of risk. The danger lies many times in the illusion that a water ride is safe, and because parks sell their rides as amusements that are entertaining and fun.

10 Things Theme Parks Won't Tell You, SmartMoney.com, May 29, 2009

Posted by Steven D. Eversole | Permalink | Email This Post

Posted In: Personal Injury , Wrongful Death

Tags: amusment, injury, law suit, roller coaster, theme park, wrongful death

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Authorities recently arrested an Alabama truck driver who allegedly caused a fatal multi-vehicle pileup in Missouri almost ten months ago. The highway crash, which caused three deaths and more than a dozen injuries, was the result of a seemingly simple distraction from a ringing cell phone. The regrettable thing is that the Muscle Shoals resident reportedly had a clean driving record. Yet his actions have irreversibly altered the lives of many victims and their families.

As a Birmingham Personal Injury Attorney, I have encountered many stories just like this one. This case shows how many individuals can be affected by the actions of just one person, and why it is important to retain the services of a qualified legal professional to represent your interests. The plaintiffs are just now preparing themselves to face the ordeal all over again in a court of law, nearly a year after the actual incident.

What happened that mid-July afternoon was a disaster in the making. According to reports, Jeffrey R. Knight, 49, was driving a 2005 Freightliner loaded with scrap aluminum. By his own admission, Knight told investigators that he had been distracted by a cell phone.

A highway patrol report quotes Knight as saying, "I reached across the dash to get my cell phone. I flipped the phone open, looked back at traffic, and I was there right at the last car (in the line of cars stuck in traffic). I didn't see any brake lights or emergency flashers. After I hit the first car, I just remember holding the steering wheel and seeing cars going to my left and right."

The aftermath told the story. The truck ran into, and over, a line of 10 vehicles that had backed up on eastbound Highway 40 (Interstate 64) just west of Interstate 270. Three people died and 15 were injured.

Two of those killed were Amish from northeastern Missouri who were headed to a funeral in Tennessee with a hired driver. Lydia Miller, 55, died the day of the crash, and Alvin Mast, 88, died two days later. Charles "Keith" Cason, a 55-year-old copier salesman on a business trip, was in the first vehicle to be rear-ended by the truck. He died immediately, according to authorities.

Knight, who until that day had a clean driving record, was charged April 8 with three counts of second-degree involuntary manslaughter, which alleges that the deaths resulted from "criminal negligence." According to authorities, each count is punishable by up to four years in prison.

If you or a loved one has been injured in an automobile accident, the legal professionals at Eversole Law are ready to help you.

Alabama trucker, distracted by cell phone, charged with crash that killed 3 here, STLToday, April 15, 2009

Investigation continues six months after deadly pileup, STLToday.com, January 13, 2009

Posted by Steven D. Eversole | Permalink | Email This Post

Posted In: Car Accidents , Personal Injury , Truck Accidents , Wrongful Death

Tags: Automobile Accidents, Injury, Manslaughter, Truck Crash, Wrongful Death

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Several employees at Frit Car in Brewton were injured on the job the afternoon of April 3 after being overcome by fumes inside the railway tank car they were servicing. Fortunately, someone was able to call for help, resulting in the Brewton Fire Department and Escambia County EMS responding to the scene, backed up by officers from the Brewton Police and Alabama Department of Public Safety.

Commercial and industrial accidents can be deadly and victims can suffer permanent bodily injury, and sometimes death. As a Birmingham Personal Injury Lawyer, I have experience representing the interests of my clients following a tragic accidental death or injury, such as these people endured.

Of the four, two of the workers were flown by LifeFlight to outlying hospitals, while a third was taken by ambulance to a local hospital, according to Brewton Fire Chief Lawrence Weaver. The fourth worker, who was not severely injured, received treatment at the scene.

According to reports, rescue personnel determined that the chemical fumes were isolated to within the rail car itself and that no other company employees, or the general public, were in danger from further exposure. Apparently, the four were exposed to a high concentration of fumes from a rubber solvent compound that is used to coat the inner walls of the tank.

Depending on the particular situation, a construction, commercial or industrial accident could result in personal injury or death. If you or a loved one has been injured or killed as a result of an accident on the job, we at Eversole Law recommend that you contact us immediately to protect your rights.

BREAKING NEWS: Workers injured at Frit Car, BrewtonStandard.com, April 3, 2009

Posted by Steven D. Eversole | Permalink | Email This Post

Posted In: Personal Injury , Worker's Compensation

Tags: industrial accident, injury on the job, workers compensation

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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.

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Posted In: Personal Injury , Wrongful Death

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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.

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Posted In: Personal Injury , Truck Accidents

Tags: Truck Crash Lawyers, Trucking Accident Attorneys, Trucking Accidents

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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.

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Posted In: Personal Injury , Worker's Compensation

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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.

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Posted In: Personal Injury

Tags: Alabama Personal Injury Lawyer, Birmingham Personal Injury Lawyer

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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.

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Posted In: Car Accidents , Personal Injury

Tags: Alabama Car Accident Lawyer and Attorney, Alabama Personal Injury Law, Automobile Accidents, Car Crash

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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.

Posted by Steven D. Eversole | Permalink | Email This Post

Posted In: Personal Injury

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

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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.

Posted by Steven D. Eversole | Permalink | Email This Post

Posted In: Personal Injury , Slip & Fall Accidents

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

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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.

Posted by Steven D. Eversole | Permalink | Email This Post

Posted In: Personal Injury , Wrongful Death

Tags: Alabama Wrongful Death Laws, Alabama Wrongful Death Statute

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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.

Posted by Steven D. Eversole | Permalink | Email This Post

Posted In: Medical Malpractice , Personal Injury , Wrongful Death

Tags: Statue of Limitations, Wrongful Death Statue of Limitations

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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

Posted by Steven D. Eversole | Permalink | Email This Post

Posted In: Personal Injury , Worker's Compensation

Tags: Workmen's Compensation

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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.

Posted by Steven D. Eversole | Permalink | Email This Post

Posted In: Birth Injuries , Medical Malpractice , Personal Injury

Tags: Birth Injury, Birth Trauma

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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.

Posted by Steven D. Eversole | Permalink | Email This Post

Posted In: Car Accidents , Motorcycle Accidents , Personal Injury

Tags: Automobile Accident, Motorcycle Crash

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