Fighting For Injured Victims Since 1937
According to the CDC, some 31 million people are injured annually across our nation significantly enough to require medical treatment. About 162,000 of those injuries are fatal. With the NHTSA reporting about 5.5 million car accidents in the country each year which lead to approximately three million injuries and 40,000 fatalities, auto accidents are the number one source of personal injury. CNBC reports that as many as 250,000 people in the U.S. die from medical malpractice, with hundreds of thousands of medical malpractice injuries Construction accidents across the country are also responsible for a large number of serious injuries as well as nearly 1,000 fatalities. As you can see, personal injuries are all around us, and while sometimes an accident is just that—an accident—other times the accident and resulting injuries are the result of negligence.
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It only takes a mere fraction of a second for an accident to occur. When an accident causes injury—from minor to severe—lives can be altered for a substantial length of time, or forever. The stresses associated with everyday life can be magnified significantly following an accident with injuries. When you have been injured from an accident which was not your fault, it can seem particularly unfair to be facing hefty medical expenses, to be unable to work because of your injuries (therefore unable to pay your regular monthly expenses) to struggle with pain and to fight an uncaring insurance company. You may be overwhelmed, frustrated, anxious, and even angry that your life has changed in an instant because of another person’s negligence or carelessness.
A personal injury claim is a legal dispute arising when one person suffers harm from an accident or injury and another person or entity is legally responsible for that harm. Personal injury claims can be formalized through a civil court proceeding; settlements are common following the filing of a personal injury claim, although some personal injury claims do go to trial. Personal injury claims can result in payment for medical expenses, lost wages (current and future) and pain and suffering. With offices in Huntsville and Athens, the law firm of Martinson & Beason, P.C. has been protecting the rights and the futures of accident and injury victims since 1937, with experience, skill and compassion. We handle a wide variety of personal injury claims, including the following:
Slip and Fall Accidents
The CDC estimates that more than a million Americans will suffer a slip, trip and fall injury every year; falls are categorized into elevated falls and same-level falls. Same-level falls are much more common, usually occurring when a person encounters some type of hazard on a flooring surface, slipping and hitting a (usually) hard surface. Slip and fall accidents are often caused by a slippery surface, although can also be caused by poor lighting, torn or frayed carpeting, uneven flooring surfaces or objects in the walking path. The Center further estimates that between 20 and 30 percent of those who experience a slip and fall will suffer a moderate to severe injury. The most common injuries from a slip and fall are fractures of the spine, hip, forearm, ankle, leg or hand, although more serious injuries such as traumatic brain injuries and spinal cord injuries are also possible. A slip and fall claim can be filed when the hazard which caused the accident was known to the owner or manager of the property, yet nothing was done to alleviate the hazard.
Products liability claims can be filed when an individual is injured as a result of a defective product. Products liability claims are usually based on state law, brought under the theory of breach of warranty, strict liability or negligence. The product may have been defectively manufactured, may have been defectively designed, or there may have been a failure to provide adequate warnings or instructions for the product. All sellers of the product within the distribution chain may potentially be liable for a dangerous or defective product. Those injured by a defective product could potentially have a products liability claim.
Nursing Home Neglect and Abuse
According to the Alabama Nursing Home Association, there are 245 licensed nursing homes in the state of Alabama. Unfortunately, according to a Forbes article, the state of Alabama is among the top five worst states for nursing home violations. The elderly residents of nursing homes can experience neglect in the form of pressure sores, malnutrition, dehydration and falls or straight-up abuse, whether physical or emotional. Helpless victims of nursing home neglect and abuse deserve justice. Loved ones can speak to a nursing home neglect and abuse attorney to seek this justice and ensure such neglect and abuse does not happen to other vulnerable persons.
A wrongful death claim is essentially a personal injury claim filed by the loved ones of an individual who died as a result of his or her injuries. Unlike other states, Alabama does not allow the family members of a deceased person to file a wrongful death claim, rather limits that ability to the personal representative of the estate of the deceased. Wrongful death claims can result in compensatory damages for funeral expenses, medical expenses and other losses resulting from the death. A wrongful death claim in the state of Alabama focuses almost entirely on the wrongdoing of the defendant; the goal of such a claim is to punish the defendant and to deter similar negligence by other persons or entities.
READ OUR DANGEROUS DRUGS & MEDICAL DEVICES GUIDE
State law governs workers’ compensation, providing benefits to employees who are injured while performing work-related duties. This means medical care, prescription costs and even mileage reimbursement may be paid to an employee injured on the job. If the work-related injuries result in permanent impairment or restrictions, injured workers may also be entitled to regular payments. Workers whose workers’ comp claim is denied, whose benefits are not what they should be, or whose workplace accident was clearly due to negligence could benefit from speaking to an Alabama workers’ compensation attorney from Martinson & Beason.
The construction industry is one of the largest employers in the United States, and while safety regulations exist, construction injuries do occur. The most common type of construction accidents include: falls from heights, being struck by an object or a falling object, exposure to hazardous materials, collisions with machinery and contact with caustic substances. Injuries from construction accidents are often severe, including chemical burns, loss of hearing, loss of vision, spinal cord injuries and traumatic brain injury. Those injured in a construction accident need help with medical expenses and everyday expenses due to lost wages. A construction accident personal injury claim can help victims of construction accident injuries regain the life they had prior to the accident.
Car accidents are a common occurrence and while most car accidents are minor bump-ins, others leave those involved with severe, possibly long-term injuries. When a car accident is caused by the negligence or carelessness of another driver, the victim could be entitled to damages, including medical expenses, lost wages and pain and suffering. Car accident injuries can include fractures, facial lacerations, concussions and traumatic brain injury, neck and back injuries (including spinal cord injury) and many other injuries, including emotional pain and trauma. One of the primary causes of auto accidents is distracted driving, whether due to cell phone use or other distractions, although excess speed, fatigued driving and impaired driving are also common causes of auto accidents.
Truck accident personal injury claims can be especially complex because there is often more than one defendant. The driver of the truck could be at fault, whether due to fatigue, impairment, distraction or carelessness. The trucking company could be liable if they failed to perform a comprehensive background check or properly train the driver. The loading company could be liable if poorly loaded cargo caused the accident or the maintenance company could be liable if lack of maintenance caused the accident. Finally, the truck manufacturer could be liable if a defective truck part caused the accident. Truck accident injuries are likely to be quite severe, leading to months, years or a lifetime of rehabilitative therapies as well as an inability to return to work.
Motorcycle accidents can also result in severe injuries, most often to the motorcyclist who has virtually no protection other than possibly a helmet. The majority of motorcycle accidents are the result of a driver’s inability to see the motorcyclist, with many of these accidents occurring at an intersection or when an automobile changes lanes without seeing the motorcyclist. Other times, a car could back out of a driveway or parking lot, backing into the motorcyclist. Spinal cord injuries, severe road rash leading to infection, amputations and traumatic brain injury are a few of the serious injuries motorcyclists can sustain following an accident.
If you have been injured in an accident through no fault of your own, you could be left to deal with the pain and trauma of your injuries, medical expenses and possibly even an inability to work and make a living. The experienced Alabama personal injury attorneys at Martinson & Beason have the knowledge and the resources necessary to take on all types of personal injury and accident cases. At Martinson & Beason we truly care about your future as well as the current challenges you and your family may be facing. Contact a Martinson & Beason attorney today for a comprehensive consultation with answers to your questions.