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Category: Blog

1/28/2009

Truck Accident Leads to Wrongful Death Lawsuit

The family of an East Dubuque, Illinois woman who was killed in a three-vehicle pileup on Halloween has filed a wrongful-death lawsuit.  Tabitha Carroll, her husband and son were stopped in traffic when their Ford truck was hit from behind by a semi-truck and pushed forward into a dump truck.  A subsequent investigation determined that the driver of the semi-truck was under the influence of marijuana at the time of the truck accident.  The investigation also revealed that half of the truck's brakes were deemed faulty. Had this tragic truck accident occurred in Alabama the proper party to bring a wrongful death lawsuit would be the personal representative of the estate.  Alabama's wrongful death law is unlike any other, in that it only permits recovery for punitive damages and denies any recovery for compensatory damages. Thus, Alabama's wrongful death statute is setup to punish the wrongdoer, not to compensate the family for economic losses.

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1/23/2009

Car Accident Study Details How Car Seats Can Save Alabama Children

A recent study in the American Journal of Public Health further establishes the importance of placing children in car seats.  Car accidents are the leading cause of unintentional injury and death for children older than 1 year, according to background information in the study. More than 500 children younger than 3 died as a result of motor vehicle collisions in 2005, according to U.S. Centers for Disease Control and Prevention statistics cited in the study. According to the study babies reaped the most benefit from being placed in a car seat. Their odds of dying in a car crash dropped by three-quarters if they were in a safety restraint seat. But older children also saw significant benefits, with a mortality risk reduction of at least 60 percent. Although many parents use car seats to protect their children in the event of a car accident, they often make many mistakes in using the car seat.  For exmaple, many parents do not properly restrain their child in the car seat or fail to properly place the car seat in the car or use an inappropriate car seat.  For more information about proper car seat safety guidelines visit The American Academy of Pediatrics website.

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1/21/2009

Punitive Damage Jury Verdicts Continue to Decline

The billion-dollar jury verdict has disappeared from U.S. courtrooms. For the second time in the past three years, there were no jury awards above $1 billion in 2008, according to data compiled by Bloomberg News. In 2007, there was one such verdict, for $1.5 billion. Of the 10 largest jury verdicts in U.S. history, the last to be added to the list was in 2003. It was an $11.9-billion award against Exxon Mobil Corp. in a lawsuit by the state of Alabama claiming fraud in the underpayment of natural-gas royalties. It also was the last for more than $2 billion. The $11.8-billion punitive part of the Exxon verdict was erased in post-trial appeals, and Alabama wound up with about $120 million.

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1/20/2009

Wrongful Death of Alabama Man as a Result of ATV Accident

A Collinsville, Alabama man is dead after a four-wheeler accident Monday morning. The man, whose name was not released Monday, allegedly lost control of the four-wheeler on Ellis Street in Collinsville around 9:30 a.m.  "It flipped, left the highway, and landed in a ditch," said DeKalb Ambulance Service Director Mark…

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1/17/2009

Alabama Personal Injury Attorney Guide to the Personal Injury Lawsuit Process

Initial Investigation: When an Alabama personal injury lawyer first becomes involved in a matter they will immediately begin their initial investigation. This investigation starts with securing evidence. For example, if someone is injured by a product (products liability lawsuit) then the subject product must be secured so that it can be inspected and examined to determine the exact nature of the product's defect. Photographs should be taken of the product, accident scene, automobiles involved and injuries to document what occurred and how it has affected the victim. Witnesses should be interviewed as soon as possible as stories change and memories fade over time. Often expert witnesses may be contacted early on in the investigation process to assist the personal injury attorney in determining what further investigation is necessary and whether a valid legal claim exists. For example, in the context of a car accident case, an accident reconstruction expert may be contacted early on to assist the personal injury lawyer in determining the speeds of the vehicles and the angle of impact. All these aspects of the initial investigation into a personal injury lawsuit are critical to not only determining whether a valid legal claim exists, but to maximizing that claim.

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