SUCCESSFUL REPRESENTATION OF PERSONAL INJURY CLAIMS AND ACCIDENT CASES IN ALABAMA
As representatives of an Alabama personal injury law firm, the personal injury lawyers and accident attorneys of Schwartz Zweben LLP and PersonalInjuryAttorneyNow.com have firsthand knowledge of the various state statutes unique to Alabama, as well as proven success in trying personal injury, accident, or wrongful death lawsuits in the state. They understand the key demographics that influence the occurrence, and ultimately the outcome, of personal injury lawsuits in Alabama and can help you get the professional legal advice and representation you need to negotiate a just verdict or favorable settlement here. Areas of expertise include:
Medical Malpractice in Alabama
Alabama Workers Compensation Claims
Schwartz Zweben LLP and PersonalInjuryAttorneyNow.com also offer an easy-to-use, efficient means of obtaining legal advice, personal injury information, and representation from qualified Alabama personal injury attorneys and accident lawyers. The personal injury lawyers of Schwartz Zweben and its affiliate offices serve the entire state of Alabama, representing plaintiffs in all types of personal injury and wrongful death actions from Huntsville to Mobile, from Tuscaloosa to Montgomery. Among the practice areas in which our personal injury attorneys specialize are:
- Asbestos and Mesothelioma
- Industrial Accidents
- Brain Injury and Brain Damage
- Car Accidents
- Construction Accidents
- Medical Malpractice
- Nursing Home Abuse and Neglect
- Slip and Falls
- Unpaid Wages
- Workers Compensation
We can give you a free, confidential evaluation of your case at no obligation, as well as sound information about your legal options for pursuing personal injury damages. If you decide to proceed, we can provide access to the services of the very best personal injury attorney or accident lawyer in Alabama for your needs. You will receive skilled, assertive, effective representation from an Alabama personal injury lawyer who has direct experience with your type of personal injury or accident claim, a proven record of obtaining full and fair compensation for damages, and access to all the critical resources and experts needed to win your case.
Contact us today for a free review and evaluation of your case.
MEDICAL MALPRACTICE IN ALABAMA
According to an article published in the Journal of the American Medical Association (JAMA), more than 225,000 people die each year directly due to adverse effects associated with a medical practitioner or treatment. That makes it the third leading cause of death in the United States, trailing only heart disease and cancer. Another analysis concluded that between four percent and 18 percent of consecutive patients experience negative effects in outpatient settings. The consequences each year are staggering:
- 116 million extra physician visits
- 77 million extra prescriptions
- 17 million emergency department visits
- 8 million hospitalizations
- 3 million long-term admissions
- 199,000 additional deaths
- $77 billion in extra costs
In medical malpractice cases, Alabama adheres to the pure doctrine of contributory negligence. This means that if a plaintiff was careless in any way and that negligence contributed to his or her injury, there is no recovery of damages. Although this is now a minority view, the Alabama Supreme Court is unlikely to alter this doctrine judicially. When presented with a direct challenge to the continued application of contributory negligence as a complete defense, the majority of the Court, for various reasons, decided that Alabama should not abandon the doctrine, which has been the law in Alabama for approximately 162 years. However, when no contributory negligence is established, Alabama's joint and several liability rules make each and every person who was responsible for an injury liable for the entire amount of the injury and judgment.
In Alabama medical malpractice cases, plaintiffs must prove negligence through expert testimony, unless an understanding of the doctor's alleged lack of due care or skill requires only common knowledge or experience. A health care provider may testify as an expert witness in any action against another health care provider based on a breach of the standard of care only if he or she is "similarly situated," as defined by statute. This means, in part, that expert witnesses against a physician accused of negligence must be certified in the same specialty and must have practiced within the previous year.
The law in Alabama allows patients and their families to seek compensation for medical malpractice. Victims may sue for past, current, and future estimated medical expenses directly related to the negligence. In addition, they may seek to recover damages for time lost from work (including time spent going to medical appointments or therapy), permanent disfigurement or disability, pain and suffering, loss of future earning ability, and other expenses incurred as a direct result of the injury.
Although the legislature passed a damage cap in 1987, the Alabama Supreme Court held it to be unconstitutional. The statute, which has never been repealed, provides that a medical malpractice plaintiff's recovery for non-economic losses, including punitive damages, may not exceed $400,000. A $250,000 cap on punitive damages--applicable to all cases except wrongful death and those claiming intentional wrongful conduct, actual malice, or defamation--also has been held unconstitutional by the Court. Damages for wrongful death, including wrongful death caused by medical malpractice, are awarded in a manner unique to the state of Alabama. All damages in Alabama wrongful death cases are considered to be punitive, rather than compensatory. Damages may be awarded in cases of simple negligence, with no requirement of willful or wanton behavior by defendants.
At Schwartz Zweben LLP and PersonalInjuryAttorneyNow.com, the Alabama lawyers who specialize in medical malpractice litigation, arbitration, and negotiation have extensive experience in dealing with the state's complex medical malpractice laws. They understand how to navigate the system, locate the most credible experts, and help you obtain full, fair compensation should you or a loved one be the victim of medical malpractice in Alabama. Contact us today for a free review and evaluation of your Alabama medical malpractice case.
ALABAMA WORKERS COMPENSATION CLAIMS
The U.S. Bureau of Labor Statistics reported nearly 4 million occupational injuries and illnesses nationwide in 2008. Approximately 68,500 of these incidents occurred in Alabama. In addition, 97 employees in the state suffered workplace fatalities in 2008, according to the State of Alabama Department of Labor.
The Alabama Workers Compensation Law ensures necessary medical attention and proper payment of compensation benefits to employees who sustain injuries on the job or suffer occupational diseases. In the case of a workplace fatality, the law also provides benefits to the employee's dependents.
Depending on the circumstances surrounding a workplace accident in Alabama, injured workers have a variety of options for recovering damages. In some situations, workers compensation may be the only recourse. However, if coverage is inadequate to cover lifelong medical expenses, if the actions or negligence of a third party caused the injury, or if a defective product caused the injury, there may be other legal options for pursuing compensation. In many situations, for example, an injured worker can file a workers compensation claim as well as a civil lawsuit against a co-employee or the manufacturer of a defective product. However, pursuing workers compensation lawsuits in Alabama can be complicated.
At Schwartz Zweben LLP and PersonalInjuryAttorneyNow.com, the Alabama lawyers who specialize in workers compensation litigation, arbitration, and negotiation have extensive experience in dealing with the state's laws covering occupational injury and illness. They understand how to navigate the system, locate the most credible experts, and help you obtain full, fair compensation should you or a loved one be the victim of a workplace accident injury or illness in Alabama. Contact us today for a free review and evaluation of your case.
The statute of limitations for bringing personal injury, product liability, and wrongful death actions varies state to state. In Alabama:
- Personal injury actions must be filed within two years from the date of the injury.
- For adults, medical malpractice cases in Alabama must be filed within two years of the incident or within six months of discovery of the injury (not to exceed four years). Children under the age of four must initiate the malpractice case before the child's eighth birthday, but not more than four years after discovery. Minors older than four years must bring actions within four years.
- Wrongful death suits must be brought within two years of the date of death. Only punitive damages are allowed (without limitation of amount recoverable), not compensatory or actual damages.
- For injuries related to product liability, plaintiffs generally have two years in which to file. For exposure to or ingestion of harmful substances, discovery rules apply.
Award Limits
Alabama has no limits on malpractice damages, but it does have caps on punitive damages:
- Clear and convincing evidence of deliberate or conscious malice is required.
- Limit of three times compensatory damages, or $5,000, in civil actions (but not wrongful death, intentional torts, or class actions.)
- Punitive damages are limited to the larger of three times compensatory damages or $1,500,000.
- Other caps apply to punitive damages from different sized businesses, government entities, civil actions, libel, and other situations.
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