Birmingham Personal Injury Lawyer - Wrongful Death

South Carolina Surprise

Jon Lewis — Mon, 29 Jun 2009 21:36:08 GMT

It was reported this past week that South Carolina Governor, Mark Sanford, has had an affair. The media has treated this as landmark news. What I think would be landmark news is a politician who has not had an affair. Is this surprising? Should we expect anything less?

Why am I writing about this? Because I meet with clients every day who show surprise when the law doesn't go their way. What do I mean?

Let's take arbitration for example. Clients come into the office after being defrauded by a company or had a contractor treat them wrong. After reviewing the contract and seeing the arbitration clause, I tell them that they cannot sue the defendant in court. They have to arbitrate the claim. The reaction, "What?" "Are you kidding me?" "How can they do that?"

Or, what about when I have to explain Alabama's wrongful death law. In Alabama, when someone is killed by the negligence of others, you can only sue the other person or company for punitive damages, not compensatory damages. In other words, we have to argue to the jury that they must punish the defendant, not compensate the victim's family. That becomes VERY difficult when the defendant made a mistake such as running a red light or changing lanes without looking properly.

What is the respective clients' reaction to this? "What?" "Are you kidding me?" "How is that possible?"

What's the moral of the story? Pay attention. Pay attention to your spouse and to politicians, and maybe, you won't be surprised. Pay attention to your legislators and judges. Know what laws they are passing. Lobby your congressmen and let them know that these laws aren't right and need to be changed.

Originally posted at InjuryBoard by Jon Lewis

Accidents Caused by Drunk Drivers - Part 1

Jon Lewis — Thu, 09 Apr 2009 14:46:47 GMT

Tragedy knows no economic status. It has been reported today that a Major League pitcher, Nick Adenhart, has been killed by a drunk driver. See CNN's report. Adenhart pitched for the Los Angeles Angels just prior to the accident which was his fourth Major League start.

Unfortunately, while such a death is tragic, it is an event which occurs regularly in every State. When it happens to a professional athlete, it brings attention to the subject. However, the occurrence is much more prevalent with everyday individuals.

We have handled numerous drunk driving accidents over the years, and they are always very difficult. One involved a twenty-year old individual who lost a leg. One, which we are handling right now, involves the death a man who had three minor children.

All of these accidents and tragedies are preventable. Clearly, these activities are illegal and subject to criminal penalty, but there are also civil remedies available. I will discuss these remedies in Part 2 of this series.

Originally posted at InjuryBoard by Jon Lewis

Alabama Truck Accidents - New Law

Jon Lewis — Fri, 27 Mar 2009 18:57:23 GMT

Alabama has finally passed a law to protect the public and State highways from future steel coil incidents. According to the Birmingham News, T. J. Willings, of the Alabama Trucking Association, called this "the toughest load securement legislation in the nation." Steel coil haulers have 60 days to be trained and certified in properly securing steel coils. Representatives from U.S. Steel, Nucor, and O'Neal Steel were on hand to see Governor Riley sign the bill into law.

The Alabama Department of Public Safety is responsible for certifying the drivers. The penalties for companies who have improperly secured loads has been increased. Companies can be fined up to $10,000, and drivers can be fined up to $1,000 and one year in jail. Certification is available online.

Alabama is now imposing the same rules on securing these types of loads as the Federal Motor Carrier Safety Regulations. This is a no brainer. Why not make the state laws as stiff as the Federal law? There have been too many incidents without injury. The next one could result in death. We should applaud the legislators and Governor for coming together to enact this safety measure.

Originally posted at InjuryBoard by Jon Lewis

What Causes Car Accidents?

Jon Lewis — Wed, 10 Dec 2008 11:58:29 GMT

A Birmingham News article in today's paper referenced a talk given by John Staddon, Ph.D., a psychology professor at Duke University. The talk was given at an advisory board meeting of the UAB transportation center. Dr. Staddon argued that some of the reasons traffic fatalities are greater in the United States than in the United Kingdom are traffic signs, speed limits, and cruise control.

According to Dr. Staddon, traffic signs distract drivers from the roadway. Instead of paying attention to the roadway, drivers look to the sides of the road in order to view the signs. Whereas, in the United Kingdom, many traffic signs are painted on the roadway, and they use roundabouts instead of stop signs in many instances.

Dr. Staddon stated that neighborhoods use stop signs too much. Additionally, stop signs are used for speed control in some instances, and as a result, "they require a stop even when stopping is not necessary for safety's sake." With respect to speed limits, the United Kingdom has three limits depending on the roadway: 30, 60, and 70. In the U.S., speed limits can vary from 45-80 on the same section of roadway. This causes drivers to focus on the signs and not road conditions.

Couple Dr. Staddon's arguments with the use of cell phones and drunk driving, you can imagine why so many catastrophic injuries and death occur on U.S. roads. Drivers take driving and health for granted and don't think about the damage even low speed impacts can cause (would you put your hand between two cars traveling at 5 mph?). This holiday season, think about these things while you are driving. Maybe you will save yourself, your family members, or someone else from an unwanted memory.

Originally posted at InjuryBoard by Jon Lewis

Medical Malpractice - Why do Doctors Worry?

Jon Lewis — Thu, 26 Jun 2008 09:00:00 GMT

Doctors I meet always discuss the malpractice problem. They seem to worry about lawsuits to an incredible degree. Yet, the statistics show that doctors and hospitals win an overwhelming majority of the cases in Alabama. When they express these feelings to me, I tell the doctors, "You need to raise your deductible as high as you can possibly raise it because the chances of a settlement or verdict against you is minimal."

Why, you might ask? Well, medical malpractice cases are difficult everywhere, but in Alabama, we have the Medical Liability Act (§§ 6-5-480 and 6-5-540 of the Code of Alabama) which provides great protection for the medical community. From a plaintiff's perspective, it's like going to Las Vegas and playing against the casino with loaded dice in the casino's favor - virtually impossible. In fact, going to Las Vegas would probably be more fun.

What makes this law so hard for injured victims and the families of injured victims? First, the law requires the plaintiff to prove that the doctor, hospital, nurse, or other healthcare provider "breached the standard of care" for those healthcare providers in the same area of practice. This is more than a simple negligence standard. This standard requires the plaintiff to have a "similarly situated" expert testify against the defending healthcare provider. For example, if the accused physician is a board certified obstetrician, the plaintiff must have a board certified obstetrician testify that the accused physician breached the standard of care for board certified obstetricians in the community.

Hiring such experts gets expensive. Consequently, the client must have such injuries that would warrant the expense of hiring such an expert. Otherwise, trying the case to a jury would be futile because the injured party would not receive compensation after the attorney earns a fee and is reimbursed for his expenses. Furthermore, it is extremely difficult to find an expert within the State of Alabama. Consequently, most experts are from outside the State, and the defendant usually has several experts from within Alabama to testify on his behalf. Given our well-renown healthcare facilities in Alabama, the jury is left to wonder why the plaintiff had to hire an expert from outside the state.

In addition to the above, the Act prevents the victim, or the victim's family, from conducting proper discovery. The Act provides the following:

§ 6-5-551 - . . . Any party shall be prohibited from conducting discovery with regard to any other act or omission or from introducing at trial evidence of any other act or omission.

If a doctor has left a sponge in someone after surgery on ten occasions prior to the incident complained of, those ten (10) incidents are not discoverable from the doctor. If this information can be obtained from an independent third party, you can discover it, but good luck getting that information before the jury.

If you get beyond these hurdles, you still must prove that the doctor's breach of the standard of care actually caused the injury or death alleged. Sometimes, doctors do breach the standard of care, but notwithstanding that breach, the injury was caused by some other factor. For instance, a doctor may have failed to administer the proper antibiotic, but the patient dies as a result of a heart condition. The failure to give the proper antibiotic did not cause the death.

Finally, medicine is not an exact science, and there are hazards of surgery. Surgery is risky, and bad things can happen during surgery. The doctor obviously would not wish these things to happen, and they cannot be punished for every bad result. However, there are times where they need to be held accountable. Juries are loathe to do this. The jury is not told whether a doctor has insurance, and they are left to wonder whether or not the doctor and his family will be forever punished as a result of a verdict. What juries need to understand is that doctors have malpractice coverage, and if they don't it's because they are unable to obtain coverage. There are VERY few doctors who can obtain malpractice insurance and don't get it.

Clients call or e-mail every day about a potential medical malpractice case. Most of these potential cases are not cases. Most doctors are competent professionals and do the right thing, but there are some out there who don't, and the way the system is set up, those doctors are protected. This should not be the case. When healthcare professionals do not take proper precautions to protect patients, they should be held accountable. Otherwise, we should just give the healthcare profession total immunity, and not even worry about these issues. What would the insurance industry say about that?

Originally posted at InjuryBoard by Jon Lewis

Alabama the Beautiful - Eh, Maybe Not

Jon Lewis — Tue, 17 Jun 2008 19:34:45 GMT

When you cross the Alabama State Line, there is a sign which says, "Welcome to Alabama the Beautiful." It is beautiful. We have mountains, trees, lakes, and even a coastline with incredible white sandy beaches. We have the world famous Robert Trent Jones Golf Trail with its eleven courses. However, these beautiful attributes cannot apply to the laws of the state.

Today, I was near the beautiful coastline in Enterprise, Alabama on a fee petition hearing in Coffee County. While there, I was speaking with an attorney from Chicago, Illinois. We were discussing some of Alabama's laws and, particularly, the laws regarding wrongful death claims. You should have seen his face when I told him that the only damages available to the family of a victim of wrongful death are punitive damages, i.e.: to punish the wrongdoer. No damages are allowed to compensate the victim's family. Nothing for lost wages. Nothing for the value of a life. Nothing for the loss of a spouse or parent. This is only in Alabama. No other state has such a rule.

Later today, I spoke to an attorney in Jacksonville, Florida. He was referring an accident case to me which occurred in Alabama. We were discussing the facts of the case, and when I explained to him that Alabama was a pure contributory negligence state, he was in disbelief. What is a pure contributory negligence state? If two parties are in an accident and one is 99% at fault and the other is 1% at fault, neither party may recover damages from the other. Most states are comparative negligence states, and in the example above, the person who was 1% at fault would recover 99% of the verdict.

These are just a couple of the laws which adversely affect victims of accidents, injury and death. There are others. These laws need to be revised to bring Alabama in line with the rest of the country.

Originally posted at InjuryBoard by Jon Lewis

Asleep at the Wheel

Jon Lewis — Wed, 04 Jun 2008 14:20:20 GMT

On Monday, June 2, 2008, a horrible collision occurred on U.S. 280 in Mountain Brook. According to the Birmingham News, a 20-year old Auburn University student, Heather Eagan, may have fallen asleep, crossed the median, and killed Mary Anne Blake, the wife of former Birmingham City Councilman, Dr. Jimmy Blake. Miss Eagan was apparently driving back to Auburn from Illinois.

This type of collision shows how dangerous driving can be and what can happen if you lose focus on the road. Falling asleep, using a cell phone, drinking and driving, and violating the rules of the road in general can lead to accidents, injuries, and death. As a result, our system of laws allows for compensation to the victims of these accidents. This type of system not only compensates those who were injured, but it also punishes those who kill others on our roadways (Alabama only allows punitive damages for wrongful death, and look for more information on that in future articles on our site).

We want this system to work so that people will obey the laws and driver carefully. If they don't, there will be financial consequences and, possibly, criminal consequences. When you are on the roadways of Alabama, pay attention and be considerate of other drivers. Driving while drowsy risks other people's lives. Driving while on a cell phone risks other people's lives. Driving while intoxicated risks other people's lives. Is it worth it? Obviously not. All of these things can wait until you are no longer in a moving vehicle.

Originally posted at InjuryBoard by Jon Lewis

Truck Accidents

Jon Lewis — Sun, 01 Jun 2008 17:57:39 GMT

Why do attorneys pursue trucking companies? How many times have you been driving down an interstate at the speed limit and had an 18 wheeler speed by you? How many times have you been driving down the interstate and passed an 18 wheeler only to have the 18 wheeler pull in right behind you barely missing the back end of your car? How many times have you seen an 18 wheeler in an accident? How many times have you heard of a load falling off an 18 wheeler? How many times have you read about a death which occurred involving an 18 wheeler?

These drivers and trucking companies are regulated by the Federal Motor Carrier Safety Administration(FMCSA). Most trucking companies try to do the right thing and monitor and police their drivers appropriately. However, many times, these drivers and truck companies are violating the rules promulgated by the FMCSA when you see them. These rules include how long the drivers can be on the road without a rest, how much weight the trucks can carry, and how much insurance must be available for the trucks to be on the road.

The FMCSA regulations are many, and they are too detailed to be discussed in one blog, but we will discuss them in future blogs so stay tuned. If you have questions regarding any of these rules, please do not hesitate to contact an attorney in your area. Please note that if you or someone you know are ever involved in a truck accident, you need to get an attorney as soon as possible. Trucking companies have their attorneys on call, and they and their insurance companies are on the scene gathering evidence within the hour. Your attorney needs to start your investigation soon thereafter. There is evidence at the scene, log books which are kept by the driver, onboard electronic information which assists with speed and mileage, and much more. It is important that you get this information to protect your claims.

Originally posted at InjuryBoard by Jon Lewis

Lewis & McAtee, P.C. - Personal Injury Attorneys

Jon Lewis — Thu, 22 May 2008 16:08:12 GMT

As new members to InjuryBoard.com, Lewis & McAtee, P.C. would like to introduce the firm to the organziation and the readership. Our firm was started over forty (40) years ago by Jon Lewis' father, Robert F. Lewis. The firm name was Robert F. Lewis, P.C. until a few years ago when Stuart McAtee joined as a partner.

Lewis & McAtee, P.C. handles a variety of cases which include, but are not limited to, car accidents, truck accidents, wrongful death claims, product liability claims, medical malpractice claims, child injuries, workers compensation claims, lemon law claims, securities fraud, fraud in general, slip and fall claims, and social security disability claims. Over the years, we have handled many cases for satisfied clients. Most have been settled, and some have been tried to a jury verdict. In fact, during November, December, and January of 2007 and 2008, we tried three jury trials, and our clients were victorious in two of the three.

We gladly accept referrals, and we are looking forward to our association with InjuryBoard.com.

Originally posted at InjuryBoard by Jon Lewis

Alabama House Bill to give Road Contractors Immunity

Tedford Taylor — Tue, 01 May 2007 11:52:38 GMT

Members of the Alabama House of Representatives seek to introduce HB 382 which would give total civil immunity to road contractors working on state projects within the specifications of the contract. If passed, this bill would provide that a contractor performing highway, road, or street repairs, construction or maintenance is not liable for damage or injury resulting therefrom despite the existence of negligence or notice of a dangerous condtion.

Last Friday, a Bullock County jury returned a verdict in the amount of $10 million for the Plaintiff, represented by Taylor & Taylor, against APAC, the Defendant road contractor. Attorneys for the Plaintiff proved that APAC created a dangerous "dip" on Highway 110 near Fitzpatrick Aalabama, APAC knew of the dangerous condition from other similar incidents, APAC did not fix the condition, and ultimately caused a wreck whereby Plaintiff's decedant was killed. Attorneys for Plaintiff argued against APAC's position that a dangerous condition did not exist and ultimately proved the condition did exist and was repaired soon after the fatal crash; despite APAC's continued denial throughout the trial of any subsequent repairs.

If HB 382 passes into law, egregious corporate conduct by road contractors will continue unfettered, placing the public at risk on the roadway.

Originally posted at InjuryBoard by Tedford Taylor