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Personal Injury Law

Mobile Personal Injury Lawyer Mobile Personal Injury Lawyer

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

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Tort Reform: What's in a Name?

Posted on May 05, 2009
The change the "reformers" want to persuade the American people to enact is to abandon the Constitutional protection of a righ to trial by jury. Rather than allow a group of 12 disinterested citizens to resolve a fact situation and apply justice for that particular case the insurance, tobacco and pharmaceutical industries want to limit the amount that they will have to pay regardless of the damage they cause...


ABA to Consider Resolution Curtailing the Arbitraiton Fairness Act

Posted on May 04, 2009
Paul Bland, a staff attorney with Public Justice in Washington, D.C. and a leading advocate for consumers is asking attorneys who are members of the American Bar Association to contact colleagues about a proposed ABA resolution asking Congress to limit the proposed Arbitration Fairness Act...


What Is Tort Reform?

Posted on May 02, 2009
Tort Reform is the process of changing the civil justice system to limit a claimant's remedies and/or damages. It is sought by those who perceive the civil justice system as negatively impacting their financial bottom lines. It is not actually reform at all - it is a catchy name for legislation that hurts the consumer and helps big business...


Thinking about getting a four wheeler for your kids?

Posted on May 02, 2009
Please make sure you know all the dangers involved. This is a horrible accident that claimed the life a 10 year old who was wearing a helmet. Her family is in my prayers. A 10 year-old Warren County girl was killed Wednesday in a tragic ATV accident. Morgan Caruthers was crushed by her ATV when the vehicle flipped on top of her outside her home on Tucker Road...


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Jury Awards Nursing $6.5 million in Nursing Home Patient Death

Posted on May 01, 2009
The Columbus Ohio Dispatch reported that a jury returned a verdict against Whetstone Gardens & Care Center due to the death of Peter Southard by dehydration- lack of water. Mr. Southard had suffered a stroke in 1984 and was cared for by his wife at home...


Armed Cruise Ship Security Team Fights Off Somali Pirates

Posted on April 30, 2009
An Italian cruise ship carrying armed Israeli security guards successfully fought off a hijacking attempt by Somali pirates last Saturday, April 25, 2009. The MSC Melody, a 670 foot Italian flagged cruise liner, was carrying 991 passengers and 536 crew members when it was attacked by a speed boat carrying six men armed with Kalashnikow rifles...


Maersk Alabama ship's cook sues shipowner and employer

Posted on April 29, 2009
Richard Hicks, the ship's cook on the U.S. flagged cargo ship, Maersk Alabama, that was hijacked by Somalia pirates on April 8, 2009 has filed suit against the shipowner and the operator alleging that they knowingly sent the ship into dangerous, pirate-infested waters without adequate security measures...


Starting a new business...

Posted on April 26, 2009
With the job market shrinking, a lot of people are starting new businesses, and when doing that they sometimes enter a lease based on what the agent leasing the retail space tells them. Please be aware of what you are signing. Most landlords that rent retail space have a clause in their lease that state that the tenant is not relying on anything said to that tenant during the negotiations...


Another Death From Texting?

Posted on April 25, 2009
This past week a legal secretary I knew died in an automobile wreck when she crossed over the center line and struck an oncoming car. Apparently, she was texting when she veered over and could not have been paying attention to the job of safe driving...


Wyoming Looks To Improve Worker Safety

Posted on April 21, 2009
Wyoming lawmakers are taking steps to improve on the state's abysmal work safety record. Wyoming had more work place fatalities per 100,000 workers than any other state in 2007. To Governor Freudenthal's credit, he has formed a task force to address the issue and come up with proposals for improvement...


The New England Journal of Medicine Supports the Medical Device Safety Act of 2009

Posted on April 17, 2009
An editorial of the April 9, 2009 issue of the prestigious New England Journal of Medicine encourages Congress to swiftly pass Medical Device Safety Act of 2009 and to allow lawsuits by injured patients to proceed in the courts. In doing so, the editors note that allowing lawsuits like this are an important part of the regulatory framework and very effective in keeping medical devices safe...


Whistle Blowers And The Sarbanes-Oxley Act

Posted on April 16, 2009
A former employee of McDonalds has filed a 'whistle—blower' lawsuit against the company alleging misrepresentions relating to executive compensation in its 2007 proxy statement. The claim is brought under the whistle—blower protections provided by the Sarbanes-Oxley Act...


Five killed, nine seriously injured in Florida Boat Crash

Posted on April 14, 2009
Five persons were killed and nine others were seriously injured when a 22 foot Crownline boat rammed a docked tugboat in the Intracoastal Waterway near St. Augustine, Florida about 6:30 p.m. Sunday, April 12, 2009. Investigators with the Florida Fish and Wildlife Conservation Commission (which includes what was formerly the Marine Patrol) said the 22 foot boat was heading north when it hit the starboard side of the 25 foot tug which was tied to a dock with no one onboard...


Assisted Living Regulations Available for all 50 States

Posted on April 11, 2009
The National Center for Assisted Living (NCAL) recently compiled a summary of the assisted living regulations in all 50 states. The Assisted Living State Regulatory Review can be found at this web page: http://www.ncal.org/about/2009_reg_review.pdf The Review noted that about one million Americans are now resident in assisted living facilities...


Fraud against the government

Posted on April 08, 2009
If you are aware of your employer or another company being paid government funds for work that was not done you may be able to file suit in behalf of the United States Government. Those are called Qui Tam suits and the person who files such a suit, the Relator, is entitled to a percentage of any recovery...


Policy Limits Demand

Posted on April 07, 2009
The policy limits demand is a powerful tool for the plaintiff and should be taken seriously by the insured defendant. The plaintiff is saying that she will settle her case for a specific sum or the amount of insurance the coverage available to the defendant...


A Good Move By The American Psychiatric Association

Posted on April 06, 2009
The American Psychiatric Association recently announced that it would put a halt to medical seminars financed by drug or device makers and also would put a halt on industry paid meals at its annual meeting. This is good news for consumers. All professionals are required to attend continuing education courses each year to keep their licenses current...


Nursing Home Bonus Bill

Posted on April 04, 2009
According to an article in the Des Moines Register by Clark Kauffman, Congress is considering legislation that would eliminate taxpayer-funded bonuses to nursing homes. The amendment to a presently pending budget bill was accepted by unanimous consent of the Senate on Thursday, but the bill itself has yet to be approved...


Southern Governors: Ignoring The Unemployed At The Worst Time?

Posted on April 03, 2009
Alabama Governor Bob Riley joins several other southern republican governors who claim they intend to refuse that part of the stimulus package which would provide additional unemployment benefits for Alabama citizens. If Riley follows through in his threat, the state will lose out $100,000,000 in funds...


AIG shareholder suit

Posted on March 30, 2009
AIG may be too big to fail but thankfully its management will be called to account for their conduct. Americans, while furious about the huge bonuses, know that the tax man is not the answer. The legal system is the tool designed to protect shareholders from management malfeasance...


Man Drowns After Boat Capsizes Off Panama City, Florida

Posted on March 30, 2009
The Florida Fish and Wildlife Conservation Commission reported that a man drowned over the weekend off of Panama City, Florida as rough weather pounded the Florida Panhandle. The victim was identified as 55 year-old Morris Miller of Tallahassee. Miller and 33 year-old Archie White were in a 21 foot boat that capsized Saturday afternoon...


If it Sounds Too Good To Be True, It Usually Is.....

Posted on March 28, 2009
With everyone trying to squeeze the most out of every dollar, the possibility of getting caught up in a scam can happen to anyone. By now all of us have gotten the emails from the Prince of some African country that just needs an American bank account to transfer his money to and will provide you with a finders fee of 15%, which will be millions of dollars...


Judge Refuses To Grant Mistrial In Fen-Phen Case

Posted on March 28, 2009
Federal Judge Danny Reeves recently denied a motion for a mistrial by lawyers William Gallion and Shirley Cunningham Jr. (now disbarred) for defrauding their Fen-Phen clients by taking more (much more) than their share of a $200,000,000 settlement. The motion was based on the illness of Gallion's lawyer...


Report Issued: Improper anchoring caused boat to capsize in Gulf

Posted on March 28, 2009
The Florida Fish and Wildlife Conservation Commission has released a report concluding that a deadly boating accident that took the lives of two NFL players and another friend was caused by improper anchoring and also cited carelessness and operator inexperience...


Provisions of the Nursing Home Transparency and Improvement Act

Posted on March 27, 2009
Last week I wrote a blog on the proposed Nursing Home Transparency and Improvement Act introduced in the Senate. This week, let's explore some of the provisions of that bill . It will enable state and federal regulators to identify all persons and entities with a significant ownership interest in a nursing home, or that that play an important role in the management, financing and operation of a home...


Your (overturned) Boat is Your Best Life Jacket

Posted on March 27, 2009
The recent, tragic boating accident in the Gulf of Mexico which took the lives of two NFL players and one other young man illustrated the old Coast Guard saying that "your boat is your best life jacket". The only survivor was found clinging to the motor of the overturned boat ...


How To Tell If You Have Toxic Drywall In Your House

Posted on March 25, 2009
Several people have contacted me asking how to tell if they have toxic Chinese drywall in their house or business. Generally, but not always, there is the "rotten egg" odor caused by Sulfur gasses. Also if there is some way you can view the back, or unfinished, side of the drywall see if it is marked as being made in China...


Social networking sites can be a very good thing!

Posted on March 24, 2009
I was trying a case recently in Gadsden Alabama and needed to find someone/anyone who had been transferred from Riverview Regional Hospital to UAB. The object of the exercise was to determine how long it took in an emergency. I only know a couple of people in Gadsden but my high tech daughter determined that there are 500 people from Gadsden on Facebook...


Nursing Home Tranparency and Improvement Act Reintroduced

Posted on March 21, 2009
While Congress is debating health care reforms, two Senators, Chuck Grassley (R-IA) and Herb Kohl (D-WI), have reintroduced the Nursing Home Transparency and Improvement Act. This bill would provide consumers with more information about individual nursing homes and their track record of care...


Big Brother is watching....

Posted on March 21, 2009
Well it only took 25 years longer than expected, but Big Brother is finally here. No, Im not talking about the government, Im talking about Twitter, MySpace, and Facebook. If you haven't joined one of these sites, you are one of the few remaining holdouts...


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