Category: Tuscaloosa

Mar 30, 2018 - Personal Injury by Cross & Smith

Throughout the United States — and in the state of Alabama — punitive damages awards occupy a special place in popular culture, though many people may be unaware of its importance.  When civil lawsuits (non-criminal) capture the attention of the mainstream, it’s typically due to the existence of a sizable and perhaps disproportionate damage award. For example, a trip-and-fall injury case is not particularly noteworthy if the damages are $100,000 in total, but it may be picked up by various media outlets and make the nightly news if the damages rocket up to $10 million. What does this have to do with punitive damages? Well, put simply, punitive damages act as a multiplier for the “actual damages” in the case.  Suppose you have suffered a grand total of $500,000 in damages, including wage loss, medical expenses, and emotional damages, among other things.  If the court awards punitive damages, then your total compensation may be multiplied by some factor — say, three times — thus leading to damage recovery worth millions of dollars! If you have been injured due to another person’s reckless or intentional actions, then an Alabama court may award punitive damages.  Punitive damages are only infrequently awarded, however.  Given the inherent challenge in securing an award of punitive damages, it’s important to work with a qualified Tuscaloosa personal injury attorney who has experience successfully obtaining such damages on behalf of their clients. Punitive damages (sometimes referred to as exemplary damages) may be a rather confusing and unfamiliar topic […]

Feb 28, 2018 - Personal Injury by Cross & Smith

If you’ve been injured in an accident that was caused due to some mistake made by the defendant, then you might not be certain as to whether you have a legitimate claim through which you can sue and recover damages.  Liability does not necessarily attach to the defendant on the basis of a mistake.  Mistakes only give rise to negligence when the standard of care has been violated.  Negligence, and more generally, the concept of negligence — whether in Alabama or elsewhere — can be quite difficult for the average person (who lacks legal experience) to understand.  Fortunately, however, negligence is a straightforward concept at its core. The conduct of the defendant in a given accident scenario is perhaps best viewed as a point along a spectrum.  On one side is a basic mistake that other reasonable people would have made in similar circumstances — such mistakes will not give rise to negligence, and will therefore not attach liability to the defendant.  On the other side of the spectrum is intentional misconduct, where the defendant specifically intended to cause harm to you.  Finally, resting somewhere in the middle is negligence.  Negligent behavior is not specifically intended.  In fact, negligent behavior can be seen as a mistake that is “unjustified” by the circumstances. Demonstrating that the defendant’s conduct actually qualifies as “negligent” lies at the core of a successful negligence-based personal injury claim, in Alabama and elsewhere.  In order to do so, you’ll have to show that the defendant’s conduct violated […]

Aug 31, 2017 - Personal Injury by Cross & Smith

In the personal injury context, plaintiffs often mistakenly and prematurely believe that their case will be straightforward.  Contrary to these initial beliefs, however, further investigation of the facts may reveal a much more complicated case that involves multiple defendants, questions of contributory fault, evidentiary issues, and more. For example, suppose that you are rear-ended at a red light in Tuscaloosa.  The impact is serious enough to cause significant injuries.  You may initially think that the ensuing litigation will be a basic motor vehicle accident case involving a negligent defendant-driver.  As the case progresses and additional evidence comes to light, however, new legal issues may emerge on the basis of new facts. Suppose that your airbag failed to deploy during the accident, and — as a result of this failure — your injuries were much more severe than they could have been.  If the airbag’s failure to deploy is due to a product defect (i.e., manufacturing defect or design defect), then you may be entitled to obtain compensation from both the defendant-driver and the manufacturer of the airbag.  This will necessarily complicate litigation. The prospect of having to sue multiple parties, and on the basis of different claims, can seem rather overwhelming.  If you’ve been injured in an accident due to the fault of another, you may be entitled to recover damages, but compensation will not necessarily be easy or straightforward. To ensure that your chance of success over the course of litigation is maximized, it’s important that you consult with […]

Apr 14, 2017 - Car Accidents by Cross & Smith

According to PewResearchCenter, nearly 20 percent of Americans rely on their smart phones for Internet access to some degree. For about 7 percent, phones provide the only option for Internet access. While there are many valid reasons for extensive smart phone use, however, CNN reports a poll in which about half of teens indicated that they are addicted to their phones. Just as the use of addictive substances like alcohol and drugs can lead to injuries and fatalities on the road, our Tuscaloosa car accident attorneys warn that device addiction can be just as harmful. Addiction Typically Leads to Poor Choices It may be surprising to learn that smart phone addiction has become a recognized psychological condition, but it is less surprising when looking at the following symptoms, which resemble those of other types of addictions: A need to increase use in order to achieve the same desired effect Inability to reduce usage after trying repeatedly Psychological dependence demonstrated by turning to the phone to fix feelings of anxiety or depression, while experiencing withdrawal symptoms when the phone is not available The loss of a sense of time while using the phone excessively Putting relationships or employment at risk because of too much smart phone use Unfortunately, addicted individuals often make poor choices, regardless of the type of addiction. While teen children might make more poor decisions than adults, it is clear that the risk to passengers and other motorists is significant, regardless of the age of a smart phone-addicted […]

Mar 29, 2017 - Personal Injury by Cross & Smith

Wrong patient surgery is considered to be a surgical “never event” within the medical community, but the U.S. Department of Health and Human Services’ Agency for Healthcare Research and Quality reports that never events happen with some regularity, and 71 percent of them are fatal. Our Tuscaloosa personal injury lawyers believe that even one instance of wrong patient surgery is too many. Patients should take a warning from one recent Massachusetts example and learn as much as possible about how a surgical facility safeguards against patient misidentification before they undergo surgery. Patient Misidentification Can Happen in a Number of Ways Last year, reports surfaced of a wrong patient surgery in Massachusetts that resulted in the removal of a healthy kidney. In initial reports the hospital claimed that the misidentification error occurred outside of their hospital, possibly connected with the referring physician. However, a NY Daily News article published two months later told a different story. State and federal health investigators noted that the patients were several years apart in age. A birthdate check while examining the CT scan — and a display of the patient’s birthdate on computer monitors in the operating room might easily have resolved the issue. Patients and their family members should never have to take responsibility for this type of error, but it is advisable to take the following precautions: Check the arm band to make sure that it correctly shows enough information to conclusively identify the patient. Ask about identification protocols used at the facility. […]

Jan 13, 2017 - Car Accidents by Cross & Smith

It is no secret that the use of cell phones while driving significantly increased car accident rates across the U.S. That impact increased sharply when smart phones brought everything from text messages to full Internet access behind the wheel of moving vehicles. Until recently, each Tuscaloosa auto injury lawyer at our firm believed that powered-off smart phones are the only safe phones to have in moving vehicles. However, the development of apps that focus on driving safety can help reduce the inherent risks. No Need to Power Off When Phones Can Be Smarter According to Consumer Reports, a number of cell phone companies now offer free apps that help drivers automatically avoid texting while driving with these features: Automatic activation: Most apps activate automatically when vehicles reach a specified speed. However, some apps must be turned on by the user before driving. Disabled texting: Drivers cannot send or receive text messages as long as any of the apps are activated. Auto responders sent for incoming text messages: Some of the apps automatically respond to incoming text messages to notify senders that they must wait for a response until drivers reach their destination. This feature is particularly helpful for stopping texters who send more and more messages when they do not receive an immediate response Monitoring of young drivers: Some apps allow parents to monitor the driving and texting activities of their children. Certain apps even assign points for safe-driving behavior, which parents can use to provide positive incentives for avoiding […]

Sep 23, 2016 - Car Accidents by Cross & Smith

In 2015, about 51 million vehicles were affected by recalls. Yet, 25 percent of those vehicles are left unrepaired. This is why the National Highway Traffic Safety Administration (NHTSA) started 2016 off with the Safe Cars Save Lives campaign, which urges vehicle owners to check for vehicle recalls even when they have received no recall notice. Each Tuscaloosa auto injury lawyer at our firm has seen too many cases of accidents that might have been avoided by simple auto repairs. It takes only a small amount of effort for motorists to find out if their vehicles are safe. Every Driver Should be Aware of Vehicle Safety Defects Many drivers have experienced the frustration of a car that stalls out in traffic. The frustration increases when the drivers learn that an active recall exists. If notified, they might have avoided an inconvenient situation. This is an example of a recall that is not specifically safety-related. However, some recalls pertain to defects that pose imminent danger, such as might be the case in situations such as the following: Airbags that inflate prematurely or with too much force, as is the case in the nation’s largest product recall Defective wheels that can cause drivers to lose control Wiring system defects that can cause fires Faulty accelerator or braking controls The chances are that individuals who purchase their cars new from a dealership will receive timely notification of serious defects such as these. However, vital notices can get lost in the mail, particularly when […]

Sep 9, 2016 - Tuscaloosa by Cross & Smith

Any injured Alabama employee can certainly appreciate a workers’ compensation system that pays expenses related to on-the-job injury, usually without regard for liability on the part of the employee or the employer. Still, when a third party causes the injury, liability issues can be back on the table. Our Tuscaloosa workers compensation lawyers regularly assist workers who are seriously injured by defective or otherwise-unsafe equipment. In these cases, workers’ compensation still provides the benefits needed for immediate treatment, but injury victims have every right to pursue additional compensation from any third party responsible for the condition of the equipment. Employees Often Blame Themselves for Equipment Injuries All too often, workers assume that their own negligence somehow caused equipment to injure them, such as in the following circumstances: The equipment was so new that they did not fully understand how to operate it safely. Knowing that the equipment was very old, they should have taken extra precautions when using it. They failed to notice a warning label that announced a safety risk. Safety devices had been removed to make machine operation easier. Of course, every situation has unique aspects, but as a general rule, individuals should not suffer injuries when they use equipment at work. Whether a manufacturer built an unsafe device that injured a worker, or even if a repair shop caused injuries due to errors made during routine maintenance, there is a good chance that a third party was ultimately liable. Alabama Law Contains Strong Protections Related to the […]

Aug 26, 2016 - Car Accidents by Cross & Smith

Our Tuscaloosa car accident attorneys have touted the importance of airbags for a long time, and we will continue to do so. However, consumers need to know that it has been years since the first reports of defective airbag recalls were announced, and additional recalls make the news with alarming regularity. According to a June 2016 Office of Oversight and Investigations Minority Staff Report, the recall completion rates across automakers are unacceptably low, ranging from .04 percent to 57.1 percent. Just as disturbing is the fact that defective airbags continue to be installed in new vehicles. One Technical Detail Permits Recall Noncompliance A simplified explanation of the general issue behind the defective airbags involves the use of non-desiccated inflators. Due to the use of ammonium nitrate propellants, these airbags can inflate over-aggressively in a crash, exposing vehicle occupants to metal and plastic shrapnel. Even though airbags are intended to make driving safer, these accidents have resulted in at least 10 U.S. fatalities and more than 100 injuries. In fact, it is possible that accident victims might have fared better in accidents without the airbags in some cases. As recently as June 2016, the Minority Staff Report stated that four auto manufacturers acknowledge that they continue to install airbags known to be defective. They explain that this practice is within legal boundaries, however, since the official recall is set for the end of 2018. The reasons for the extended recall date are not clear, but they most likely pertain to supply […]

Jul 25, 2016 - Tuscaloosa by Cross & Smith

In January 2016, a news release from the Occupational Safety and Health Administration (OSHA) announced its proposal to penalize an Alabama manufacturing company nearly $200,000 for repeated safety violations. This situation illustrated how the government holds companies accountable for safe premises even if they do not face liability issues for worker injuries under the workers’ compensation system. Workers’ Compensation Should Never Protect Employers from Safety Violations Perhaps the most important feature that helps Alabama workers’ compensation to protect employees is the stipulation that injury victims have a clear path to compensation by giving up their right to sue their employers. In other words, regardless of whether worker or employer carelessness contributes to an accident, the system steps in to help ensure that workers obtain appropriate medical attention, without incurring out-of-pocket expenses — and without fear of litigation. Sometimes, injured workers can feel a sense of frustration when they cannot seek greater compensation in cases where their employers’ clear and repeated consistent negligence makes their jobs unsafe. The good news is that a lack of liability in a workers’ compensation claim does not mean that employers cannot be held accountable. OSHA can be relentless in monitoring for responses to violations that they uncover during inspections. Just as important, if they are not aware of violations, OSHA makes it easy for workers to file a safety and health complaint. Productivity Losses and Expenses are No Excuse for Unsafe Working Conditions Any company is responsible for keeping up with the costs of doing […]