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Personal Injury Law

Mobile Personal Injury Lawyer

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

How do I pick a lawyer to represent me?

Posted on December 22, 2009
That is a question that most people face when they have been involved in a car accident or have sustained any type of injury whether the injury was to their body or their finances. The selection of a lawyer for your case is an important decision, that should not be taken lightly...

The Cost Of The Healthcare Bill

Posted on December 21, 2009
I must admit that, although I have long supported healthcare reform, the onslaught of columns and op/ed pieces screaming about the cost of doing so has had me running scared. On the one hand, even the insurance industry and Big Pharma agreed a year ago that maintaining the status quo would bankrupt the system...

Christmas safety checklist...

Posted on December 20, 2009
As someone who has two little boys in his family, Christmas is an eagerly anticipated time of year, both for the kids and the parents. Christmas has always been my favorite time of year and I never once thought about safety or making sure that were no potential dangers, I thought about presents...

EPA Coal Ash Rules - Will There Be A Loophole

Posted on December 12, 2009
Last December, I published some posts following the coal ash spill near the Kingston, Tennessee power plant: Homeowners Sue TVA for Environmental Spill TVA - Business Before Regulations The Problem With Fly Ash Sludge - The Other Shoe Drops Because there were no federal regulations in place regarding standards for the coal ash holding ponds and little State oversight, power plant administrators were routinely ignoring warnings from inspectors...

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Nursing Home Residents Can Enjoy the Holidays with Family

Posted on December 11, 2009
The Center for Medicare Advocacy reports that residents in nursing homes- long term skilled nursing facilities can leave the nursing home during this holiday season without losing their Medicare coverage. The Medicare Benefit Policy Manual recognizes that although most beneficiaries are unable to leave their facility, an outside pass or short leave of absence for the purpose of attending a special religious service, holiday meal, family occasion, going on a car ride, or for a trial visit home, is not, by itself evidence that the individual no longer needs to be in a skilled nursing facility for the receipt of required skilled care...

Health Insurance Is A Life Or Death Issue

Posted on December 01, 2009
A recent study by researchers based at harvard has found that the lack of health insurance causes almost 45,000 deaths annually in the U.S. The American Journal of Public Health first published the study in its Septemeber, 2009, online edition. The statistics cited by the study's authors are disturbing: Dr...

Pet Doors are a Danger to Small Children

Posted on November 27, 2009
This past week in Mobile a 2 year old girl crawled out through a pet door and nearly drowned in the family swimming pool. Her mother had left her in front of the family TV long enough to go check on laundry. When she returned, her daughter was not there and her 7 year old brother spotted her in the pool...

New Website to Help Families Learn About Nursing Homes

Posted on November 14, 2009
The National Citizens for Nursing Home Reform (http://www.nccnhr.org/ ), a consumer advocacy group for nursing home residents and caregivers in nursing, homes, announced that the Brown University Center for Gerontology and Healthcare Research has introduced a website designed for nursing home researchers that provides data on nursing home care in the US...

Burn Safely This Fall

Posted on November 09, 2009
Fire is an alluring medium. Kids love it - so do adults. Watching kindling slowly take flame is like watching magic. The Fall means leaf and trash burning in back yards all across the country. While everyone knows to watch kids around fire, there's a hidden danger that many folks are unaware of - chances are the gas can in your garage does not have a flame arrester installed in the spout...

Disaster Preparation - From An Attorney's Perspective

Posted on November 08, 2009
Everyone on the Gulf coast today is watching the news or accessing their favorite weather site. Fortunately, this storm will be passing over cool water before it hits land and thus will lose a good bit of its force. That said, everyone who has been through a storm before knows that strange things can happen...

Caps on Damages Make No Sense

Posted on November 07, 2009
The Republican proposal on health care reform has provisions to limit compensation for non-economic injuries to persons injured or killed as the result of medical malpractice including residents of nursing home who are neglected or abused. Most of my practice over the past 23 years of my 35 year career has been representing nursing home residents...

Why Can't I Recover Everything I Lost?

Posted on November 03, 2009
I settled a case recently right before jury selection. It was a legal malpractice case. My client had lost a good bit of money because the lawyer representing him in a real estate transaction did not read the rules closely enough. I spoke with my client today and he asked a very reasonable question - why is it that I end up with less than a whole loaf when I did not do anything wrong? After I pay your fee and expenses, he said, my recovery is less than what this whole ordeal cost me...

Get Off the Phone

Posted on November 03, 2009
Every year, well really every month for that matter, our cell phones appear to be able to perform more and more functions. They truly have become computers in the palm of our hand connecting us to anyone at anytime. Unfortunately, their distracting nature is causing tragic accidents on our road ways...

Qui Tam and Health Care Savings

Posted on November 02, 2009
A south Texas hospital agreed to pay $27.5 million to settle a qui tam suit. San Antonio Express-News (10/31, Brezovsky). The whistleblower got $5.5 million for his trouble and the taxpayers got the rest! Patients are a source of profit for hospitals...

Contact You Congressman to Pass the Fairness in Nursing Home Arbitration Act

Posted on October 31, 2009
Last January I wrote a blog on the Fairness in Nursing Home Arbitration Act (then Senate Bill . 2838 and now Senate Bill 512) The last report from Congress is that the bill was referred to committee in July. I said then that we all need to keep an eye out for the bill and write our Senators...

New Ways To Market for Small Firms

Posted on September 28, 2009
Marketing your firm in new and inventive ways is one of the most crucial cogs in the small law firm machine. If you are unable to stay on top of new trends and tendencies in the advertising world you can be left waving as the competition zooms right past you...

We Need the Medical Device Safety Act Passed

Posted on September 24, 2009
In the Spring I wrote a blog about the introduction of the Medical Device Safety Act of 2009. in the Senate. The bill was introduced in response to the U.S. Supreme Court's ruling in Riegel v. Medtronic, 552. U.S. 2 (2008) where the Court ruled that a medical device manufacturer cannot be sued under state law by patients who claim to have been harmed by the device that received marketing approval from the FDA...

Durable Power of Attorney over Health Care Issues

Posted on September 23, 2009
No one likes to think about their own mortality, especially while feeling vibrant and alive. The "It could never happen to me attitude," dominates our thoughts, and while it is true that most of the time it won't happen to you sometimes it does, and the people left to suffer through painful decisions are friends and family...

Tort Reform - As Seen In The Movies

Posted on September 23, 2009
Remember the opening scene in the movie "10"? The elderly woman sitting in a chair against the wall lets one loose, whereupon the sleeping dog next to her bolts out of the room. As Dudley Moore watches in wonderment, the butler explains, "whenever Mrs...

Remember nothing is guaranteed but Death and Taxes.....

Posted on September 21, 2009
Everyone knows the old saying, but in this economic climate, that is becoming more and more evident. For years PACT programs have been very popular choice in a way to fund a child's education. They terms are fairly simple, you pay for a child's education now, for the full price of what the tuition costs are today, and when they are eligible for college, their tuition is already paid...

How Do You Feel About Tort Reform? It Depends On How you Feel

Posted on September 19, 2009
Feelings about tort reform can vary with the landscape. Anyone who makes their policy decisions primarily in accordance with their financial bottom line, and happens to be on the white collar side of the equation, loves tort reform - as long as it does not affect their pocketbook...

Study Does Not Support Changing Med-Mal Tort System

Posted on September 18, 2009
In December, 2008, the Congressional Budget Office ('CBO') prepared a study paper entitled Key Issues in Analyzing Major Health Insurance Proposals. One of the issues addressed were proposals which seek to change medical practices by focusing on the ways in which patients and medical providers settle disputes about treatment...

Are Insurance Companies failing to recognize that pain and suffering should be compensated?

Posted on September 16, 2009
It is becoming more and more evident that Insurance companies are taking the position that your medical bills are the only matter they are going to take into consideration when evaluating your claim. This hard and fast rule is elminating compensation for genuine pain and suffering that people experience from car wrecks or other accidents...

Are you or someone you love addicted to.........Facebook?

Posted on September 14, 2009
Sounds silly doesn't it? Unfortunately for some, it is not a joking matter. Technology is great, who doesn't love being able to record live TV by clicking on just one button, the ability to check emails and sports scores on their phone, and know what everyone is doing no matter where you are in the world...

Replace "Deny & Defend" with "Honesty & Apology"

Posted on September 13, 2009
Tying 'Tort Reform' to health insurance reform could benefit both the doctors and the patients. The typical victim of a medical error wants fair compensation not a lawsuit. Most doctors who negligently injure a patient would rather that their insurance company quickly settle the matter than go through a lawsuit...

Health Care Crisis- Common Sense Approach or Political Football

Posted on September 11, 2009
In last Wednesday night's address, President Obama directed the Secretary of Health and Human Services to move forward on Bush administration initiative of demonstration projects in individual state to test whether doctors are truly practicing defensive medicine contributing to unnecessary costs, how to put patient safety first and to let doctors focus on practicing medicine...

Remembering September 11th, 2001...

Posted on September 11, 2009
Every year around this time I remember where I was when I learned that the first plane had crashed into the World Trade Center. I had just started clerking for Judges Breland Hilburn and Swan Yerger in Hinds County, Mississippi, and had only been on the job for one week, and had not even found out if I had passed the Mississippi Bar Exam...

Four-Wheelers Are Not Toys

Posted on September 09, 2009
Like many folks in the Mobile area, I went to the beach on Labor Day. On my way home, I saw two young boys coming the other way on a four wheeler in the grass next to the road. This road is a four lane, divided highway with a 50 MPH speed limit. The driver appeared to be no older than 12 or 13 and his passenger was considerably younger...

Horrible accident in West Mobile...

Posted on September 09, 2009
A 9 year old girl, who's name has not been released was struck by a vehicle while trying to board a school bus. The extent of the young girl's injuries are unknown at this time, yet the article linked below does reference a broken collarbone, and a potential brain bruise...

Better Insurance Choices Back on the Coast in the Near Future?

Posted on September 08, 2009
GULF SHORES, Ala. -- The City Council is pondering a switch to the most recent set of International Building Codes, which would mandate, among other things, that single-family homes be outfitted with indoor sprinkler systems and in-ground pools be enclosed in fences...

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