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Personal Injury Law

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Last Entry: May 19, 2010 at 05:12:34

Medical Errors

Posted on February 10, 2009
<p><p>There have been recent blogs on InjuryBoard about the Chamber of Commerce’s attacks on the tort system. That attacks are often point to medical malpractice – most often to insinuate your health care provider could not have erred...

Beware of Arbitration

Posted on February 10, 2009
Arbitration is expensive and favors business over consumers. Furthermore, it is an arrogant concept based upon the notion that industry insiders are better able to deliver justice than judges and juries. Arbitration is expensive because participants pay a private individual, or individuals, thousands of dollars a day to do the job of a judge who is paid with tax payer funds...

Uninsured/Underinsured Motorist Coverage Part 2: Stacking Coverage

Posted on February 09, 2009
If you have more than one vehicle insured under the same insurance policy and you are involved in a collision where the at fault driver is uninsured or underinsured, you can "stack" the uninsured/underinsured (um/uim) coverages of up to two more insured vehicles on top of the vehicle involved in the collision...

Automobile Collisions: Should Evidence Of Seatbelt Use Be Allowed At Trial?

Posted on February 09, 2009
According to the Daily Report, the Georgia Senate is considering a bill that would allow jurors to hear evidence at trial of whether or not a claimant was wearing a seatbelt at the time of the crash. The Chamber of Commerce supports the bill and many trial attorneys oppose it...

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Uninsured/Underinsured Motorist Coverage Part 1: Buy All That You Can

Posted on February 08, 2009
Reading another post on this site about uninsured/underinsured motorist (UM/UIM) coverage provoked me to talk about this issue in Alabama. This type of insurance is purchased from your own carrier and covers situations where the at fault driver that hits you either is uninsured or does not have enough coverage to compensate you for the damages that you have sustained...

EEOC Whistleblower Protection - The Supreme Court Says Yeshisemployer

Posted on February 05, 2009
A unanimous Supreme Court held last week that an employee who provides information to his employer as part of a discrimination investigation is protected against retaliation for doing so. While Title VII has always protected employees who opposed unlawful employment practices or participated in an investigation of an unlawful employment practice...

Alabama Legislators Propose Taxpayer Protection Act

Posted on February 03, 2009
Last week I reported on Impact Alabama’s undercover investigation regarding the improper preparation of tax returns by storefront tax preparers and urged consumers and lawyers to be on the lookout for improper tax returns and the trouble they cause...

Limitations on Damages

Posted on February 03, 2009
It is interesting that Ga. is debating tort deform while the salmonella outbreak that has resulted in over 800 recalls has been traced to a Ga. plant with a history of sending out products in which traces of salmonella have been found. Why should the state protect that plant from being responsible for the full consequences of its conduct? If a company looses millions of dollars as a result of the poisoned peanuts the Chamber of Commerce will surely understand that the company which negligently distributed the contaminated product should fully compensate the injured business...

Is the Tide turning....

Posted on February 03, 2009
Over the lats few weeks and months, I am hearing from fellow Trial Lawyers that juries are beginning to render verdicts in favor of the injured Plaintiff, and handing down appropriate verdicts. For the past few years juries would award the medical expenses that an individual incurred as a result of being rear ended by someone not paying attention, and there would almost be a sense that they were doing the Plaintiff a favor...

Sex Abuse Victims: Testifying May Be Part Of The Healing Process

Posted on February 02, 2009
A recurring theme in just about every case that I have tried is my client's fear of testifying at trial. He worries that a jury won't believe him because he is black/white/overweight/short. She does not believe that she can effectively communicate to a group of people or that she will sound appropriate...

Who should get the money?

Posted on January 27, 2009
When a woman experiences wage discrimination, a child is damaged by a dangerous drug, or a defective product kills or injures a worker most Americans agree compensation is in order. Traditional Americans believe that compensating the injured party at the expense of the wrongdoer promotes public policy...

ERISA: Short and Long Term Disability Claims

Posted on January 26, 2009
In a previous post, I wrote about ERISA and its effect on your healthcare claim determinations. In this post, we will talk about ERISA and its interplay with your disability insurance. Many people have short term and/or long term disability insurance provided as a benefit of their employment...

Be Wary of Tax Preparers

Posted on January 26, 2009
Impact Alabama, a Birmingham, Alabama based non-profit organization that helps low-income Alabama residents sent undercover staff with recording devices to 13 seasonal tax preparers across the state and found that none of them correctly prepared tax returns...

SLAPP Lawsuits: One Type Of Litigation That The U.S. Chamber Of Commerce Can Live With

Posted on January 24, 2009
Strategic Lawsuits Against Public Participation are lawsuits filed by overdogs against underdogs. The plaintiff in a SLAPP lawsuit is not trying to win, but only to spend the underdog dry. These lawsuits are seen as a threat to First Amendment rights and about half of the states have passed legislation against such abusive suits...

The Fair Pat Act: The U.S. Chamber of Commerce Has No Shame

Posted on January 24, 2009
Yesterday, I was forwarded an e-mail from the U.S. Chamber of Commerce warning me that trial attorneys are heading to Washington looking for a handout. I wondered what the Chamber thought about the real Bailout, the one that a lot of its member banks and financial institutions have been wallowing in...

The Trial Attorney's Role: Why We Do What We Do

Posted on January 22, 2009
If you have never been represented by a trial attorney during a time of personal tragedy - an injury, financial devastation or losing a loved one, you may not understand all the aspects of our role. Sure, it's our job to fight for your rights and get you just compensation...

Super Bowl Sunday, not just a game....

Posted on January 22, 2009
With Super Bowl Sunday just a little over a week away millions across the country are making preparations to travel to their Super Bowl Party of choice. Some may go to the local sports bar, some may watch the game at a friend's house, but what is certain is that almost everyone will get to and from their Super Bowl party in an automobile, and unfortunately a high percentage of those people will have consumed at least two alcholic beverages before getting behind the wheel...

Getting Healthy in 2009....

Posted on January 19, 2009
With a new year comes, new years resolutions, and one of the most common new years resolutions is to lose weight and get healthy. Unfortunately in the desire to look skinny, people sometimes go the quick and what they think will be easy route and that means diet pills...

King - Obama - The Stars Are Aligned

Posted on January 19, 2009
I re-read Dr. King's Letter from Birmingham Jail every year at this time. This year's reading was cast through a radically different prism. Dr. King's words from 45 years ago portend tomorrow's inauguration - amazing stuff. Who would have thunk it - even a year ago? I read his letter because I want to understand how life really was for black people in the South in 1963...

Do I have a case against a Nursing Home?

Posted on January 18, 2009
My partner, Pete Mackey, recently posted a blog about how we evaluate cases to determine whether we can represent someone in lawsuit. Nursing home abuse cases are unique. Often the resident has died and family members are in our office trying to get an explanation...

Health Care Insurance - ERISA Is Not Your Friend (unless you are an insurance company)

Posted on January 17, 2009
When you sue an insurance company for failing to pay your medical bills, chances are that your lawsuit will be governed by the Employees Retirement Income Security Act of 1974. That Act was originally intended to protect participants in company benefit plans by imposing notice and conduct requirements on those running the plans (fiduciaries)...

Equal Pay for Equal Work

Posted on January 17, 2009
Senators will vote on the Lilly Ledbetter bill when it comes for a final Senate vote in the very near future. The bill supports equal pay for equal work by removing a loophole that has allowed widespread abuse of women and minorities in the workplace...

UnitedHealth Settlement - Not So Fast Says Plaintiffs' Lawyer

Posted on January 16, 2009
UnitedHealth's $350,000,000 settlement is not enough money, says a lawyer for some of the plaintiffs in that case: “We believe the amount agreed to is inadequate and does not reflect as meaningful a settlement as could be negotiated,” said the lawyer, Barbara Quackenbos, whose firm is one of several handling the cases on behalf of patients and doctors...

UnitedHealth Settlement - Another View

Posted on January 15, 2009
The UnitedHealth settlement with the state of New York has been hailed as a boon for healthcare plan subscribers who want to use doctors aho are not part of their network. Perhaps it is not all that it is cracked up to be, says Robert Laszewski, a healthcare consultant and president of Health Policy and Strategy Consultants, Inc...

UnitedHealth Settlement - Phase Two

Posted on January 15, 2009
UnitedHealth Group entered into a $350,000,000 settlement of three class actions on behalf of the American Medical Association, health plan members, healthcare providers and state medical societies. The Plaintiffs claimed in each lawsuit that UnitedHealth, through a company that it owned, cheated patient members and out of network providers on reimbursements for services rendered by those providers...

UnitedHealth Group Settles With New York Attorney General

Posted on January 13, 2009
UnitedHealth Group has agreed to settle a case filed by the New York Attorney General's office. That lawsuit, filed in the spring of 2008, accused the health care giant of defrauding its members by underpaying reimbursements for visits to out of network doctors...

Pressure Ulcers Are Preventable: Medicare and Medicaid Agree

Posted on January 12, 2009
Hospitals around the country were scrambling to put new programs in place to prevent pressure ulcers after the federal Centers for Medicare and Medicaid Services announced in May 2008 that starting in October, 2008, it will no longer reimburse hospitals for treating eight "reasonably preventable" conditions...

George Will - Heavy On The Invective, Light On The Facts

Posted on January 12, 2009
George Will's recent op-ed piece, "Exploding Litigation Means the death of Common Sense," lacks a key ingredient - a basis in fact. Mr. Will, generally a stickler for detail, offers only anecdotal evidence for his conclusion. The readily obtainable facts clearly show otherwise...

Who Got Bailed Out?

Posted on January 12, 2009
The bailout for the financial industry has been somewhat of a mystery to me. I have been busy with work and have not been able to delve into the details. So ... watching from afar, I am not sure what to think. When I heard, "they are too big to fail," I thought of the working men and women I represent and how beholden they are to their present jobs...

The Ledbetter Bill Nears Passage

Posted on January 11, 2009
The Lilly Ledbetter Act, along with the Paycheck Fairness Act, was passed by the House last Friday and the Ledbetter Act could reach the Senate as early as next week. The Ledbetter Act increases the time that employees have to file equal pay claims and the Paycheck Fairness Act provides gender based equal pay claims with the same damages that other discrimination statutes provide...

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