Personal injury cases encompass a wide variety of situations which arise where someone is injured. These cases include, but may not be limited to, automobile accidents, truck accidents, products liability, workers’ compensation, medical malpractice, nursing home negligence, and wrongful death. Many of these different cases involved different laws and procedures which need to be reviewed by an attorney before making a claim.
Every six hours a bicyclist is fatally injured in America. Head injuries account for seventy-five percent of all serious injuries and deaths from bicycle accidents. Negligent drivers are a major factor in bicycle accidents. If a driver makes a turn, pulls out of a driveway or alley, or opens a car door without being observant, they are putting bicyclists in danger. Injuries sustained to bicyclists may be fatal because of the lack of protection a bicycle provides. There is no competition between a bicycle and a vehicle that weighs thousands of pounds. Drivers must be held accountable for the injuries they cause.
Around 5,000 people are killed each year as pedestrians in traffic accidents. Pedestrian injuries can be extremely severe. Injuries to the spinal cord, head, neck, or paralysis, broken bones, or loss of a limb can all occur to pedestrians struck by vehicles. We understand your need to get your medical bills paid, to help with loss of income, to force the insurance company to pay for all parts of your injury, in all ways that it has caused you injury.
Motor vehicle drivers in the State of Alabama are required to know the rules of the road, and they are required to abide by these rules while operating a motor vehicle. Should a driver fail to follow the rules of the road and cause an accident and injury to you, you may be entitled to compensation
Truck accidents involve what many people refer to as eighteen wheel rigs. Usually, these types of collisions involve traumatic injuries because, as one of our experts put it, such a heavy vehicle is like a locomotive coming down the freeway. These over-the-road carriers are governed by numerous federal regulations which include, but are not limited to, driver rest periods, specific driver logs, and mandated insurance coverage. When you or someone you know is involved in an accident involving an eighteen wheel rig, it is important to employ an attorney familiar with these regulations so the case will be prosecuted properly.
Motorcycles are legal motor vehicles, and the drivers and passengers of motorcycles have the same legal rights as those who are in cars. Unfortunately, drivers and passengers on motorcycles usually incur much more serious injuries due to the lack of protection. Additionally, sometimes these injuries occur because the helmets do not meet the regulated standards and do not offer the proper protection. The attorneys at Lewis, Feldman, Lehane & McAtee, LLC have handled several cases involving motorcycles, and if you know anyone involved in such an accident, please have them give us a call so they will know their legal rights.
When you pick up your prescription from the pharmacy, you assume it has been filled properly and basic standards of care have been followed. You assume the pharmacist has filled your prescription with the correct drug and the correct dose. Sadly, this is not always the case. With millions of prescriptions being written each year, thousands are misfilled. Most of those pharmacy prescription errors will not be serious, but for some, the damage will be tremendous, resulting in permanent injury or death.
Wrongful death occurs when a person is killed as a result of the negligence or wanton act of another. Alabama’s wrongful death statute is different from every other state’s wrongful death action. In Alabama, the family of a loved one who is killed as a result of another person’s negligence is only entitled to punitive damages, not compensatory damages. In other words, if a forty year old husband and father of two is killed in an automobile accident, his family cannot ask a jury to award damages for his future income which they could have expected had he lived another thirty-five years. They can only ask the jury to punish the person who was at fault. There are other intricacies involved in pursuing wrongful death actions such as the actual process for filing the lawsuit. These various intricacies make it imperative that you consult an attorney before attempting to handle such a case yourself.
Any dog bite is serious. Puncture wounds easily become infected, leading to permanent scars. Because of the depth of the wound, it can cause nerve damage and long-term loss of feeling or function. Many Alabama communities have leash laws requiring owners to leash their dogs. At Lewis, Feldman, our attorneys represent people who have been attacked by dogs while riding their bike, running or walking, or delivering packages or mail. We are dedicated to ensuring our clients obtain the compensation they are due, and that dangerous dogs are not free to attack again.
The Federal government, along with state and local agencies, regulates food safety through the Department of Health and Human Services’ (DHHS) and the Food and Drug Administration (FDA). Their mission is to ensure the U.S. food supply is “safe, nutritious, and wholesome.” The agencies also monitor and approve food labeling and warning standards.
Commonly referred to as a “slip and fall.” Business owners have a duty to keep their premises free from dangers and hazards which might cause harm to their customers.
Many new motor vehicles have significant problems. If the problems affect the safety, market value or use of the vehicle, the consumer might be entitled to either a new vehicle or monetary damages, which includes attorney’s fees, under Alabama’s Lemon Law. There are certain rules and regulations that you must follow in order to file a claim. The claim should describe the motor vehicle, state the problem and describe all previous attempts to correct the problem by identifying the person, firm or corporation who, or which made such an attempt, and the time the attempt was made.
Social Security Disability
Social Security administers four separate benefit programs for individuals with disabilities: Social Security Disability Insurance (SSDI), Supplemental Security Income, Disabled Widows and Widowers Benefits (DWB), and Disabled Adult Child Benefits (DAC). The medical requirements to prove disability, as well as the process for making disability determinations, are the same for each program.
It is possible to have a lender or loan servicer initiate foreclosure on your property when you have done nothing wrong. An error can be made by the lender, which puts your loan into default, although you pay your mortgage payments in full and on time. A wrongful foreclosure can also be caused when a mortgage servicer (the company hired by the lender to collect the mortgage payment) or a new owner of your mortgage loan does not understand the details of your loan. Payments can be misapplied, incorrect interest rates can be charged and communication to the borrower can be inaccurate.
Examples of consumer fraud include false advertising, bad faith insurance coverage denial, investment scams, fake charities, defective products, real estate swindles, among many others. Consumer fraud protection shields consumers from these deceptions primarily through enforcement of state and federal consumer protection and product safety laws.
If an employee is injured at work, the employee is governed by the Workers’ Compensation Act of 1992 unless the employer has fewer than five employees or falls within one of the few exemptions provided by the Code of Alabama. An employee may be entitled to compensation if the employee is injured or killed in an accident on the job.
Labor & Wage Disputes
The Fair Labor Standards Act (FSLA) and certain state wage and hour laws ensure workers are paid fairly. Employers sometimes misclassify an employee as exempt, or insist they work “off the clock,” failing to pay an employee fairly for the work they perform. An employee may have a claim under the FSLA if, for instance, meal and work breaks are not paid correctly, if the employee works overtime without compensation or if they are denied vacation and sick time.
Employment discrimination occurs when a person identifies you as belonging to a legally protected group because of a characteristic, and treats you unfairly, because you belong to a protected group. To prove employment discrimination, you must show the employer intended to treat you differently because of the characteristic. This intent can also be demonstrated if the employer has unfairly treated a lot of other persons with the same protected characteristic.
The FDCPA prohibits contacts with third parties if the collector knows the debtor is represented by an attorney, otherwise contact with third parties is permitted, but only to locate the debtor. In practice, a writing is required advising of attorney representation to avoid a he said/she said dispute. The collector must inform the debtor in every communication that the communication is from a debt collector.
Any manufacturing and/or distributor of a product which causes injury to an individual may be liable to that individual under the Alabama Extended Manufacturer’s Liability Doctrine. If you or someone you know is injured by a product, DO NOT dispose of the product. If the product is not preserved in its original state, your case will be lost forever.
This is a form of contract dispute. An attorney may be needed to either recover payment or the merchandise sold.
All health care providers are governed by the Alabama Medical Liability Act in the State of Alabama. Health care providers include all health care personnel with the exception of osteopaths and podiatrists.