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7/2/2009

Alabama Personal Injury Attorney Guide to the Personal Injury Lawsuit Process – Part Two

Preparation of Initial Documents: After an Alabama personal injury lawyer identifies his/her theories of liability and defendants he/she must then decide where is the appropriate and/or best place possible to file the lawsuit. The place where the lawsuit is filed is known as the "venue." In a personal injury situation or a tort claim, often the proper venue to file the lawsuit is the county in which the accident occurred. For example, a Birmingham car accident that involved two Alabama residents would typically have to be file in Birmingham or in the Circuit Court of Jefferson County. However, if the dispute involves a breach of contract, then the proper venue for a breach of contract claim in Alabama is usually the County where the contract was entered into. Once the personal injury attorney has determined what is the proper venue to file his/her lawsuit then the next step is to draft the complaint. The complaint is the initial document that is filed with the court and served upon the defendant(s), which sets out the facts of the case and the Plaintiff's legal claims against the defendant(s) and the damages and/or remedy the Plaintiff is seeking.

4/17/2009

Alabama Car Wreck Claims Unrestrained Child’s Life

A single car accident has claimed the life of a 5 year old Alabama child. According to a report, the motor vehicle accidenthappened on Chilton County Alabama Road 146 when the driver lost control of her vehicle and struck an embankment. The child, who was not restrained, was ejected from the driver side passenger window. Tragically, the report notes that a child restraint was in the car but not used. According to a CDC report, restraint use among young children depends the driver's seat belt use. "Almost 40% of children riding with unbelted drivers were themselves unrestrained." Further, research indicates that 72% of children are improperly restrained in their car and booster seats in ways that can be expected to increase a child's risk of injury during a car wreck. When properly restrained, child safety seats can reduce the risk of death in automobiles by 71% for infants, and 54% for toddlers' ages 1 to 4 years.

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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