Will I Have to Go to Court for my Alabama Personal Injury Claim?Will I Have to Go to Court for my Alabama Personal Injury Claim?

Will I Have to Go to Court for my Alabama Personal Injury Claim?

/by

If you’ve been injured in an accident, you might be wondering whether you’ll have to go to court to recover fair compensation. While most personal injury cases in Alabama settle before trial, having a law firm with extensive trial experience can significantly impact your case’s outcome – even if you never step foot in a courtroom.

Understanding the Personal Injury Claims Process

The journey toward compensation in a personal injury case is far more complex than many people realize. From the moment you hire an attorney, the process of investigation, documentation, and strategic planning begins. This process isn’t just about gathering evidence – it’s about building a compelling narrative that demonstrates the full impact of your injuries and the strength of your legal position.

Your attorney’s primary focus during these early stages is creating leverage for negotiations with the insurance company. This involves not just collecting basic accident information, but also consulting with medical experts, analyzing long-term care needs, and calculating the full financial impact of your injuries. A thorough approach during this phase often determines whether court appearances will ultimately be necessary.

Key elements of the initial case development include:

  • Comprehensive medical documentation gathering
  • Accident reconstruction and investigation
  • Witness statement collection
  • Police report analysis
  • Expert consultation and preliminary opinions
  • Documentation of lost wages and future earning capacity
  • Assessment of long-term medical needs

The strength of this initial groundwork often determines whether an insurance company will offer fair compensation without the need for court intervention. Cases built on solid evidence and expert opinion typically generate better settlement offers, as insurance companies recognize the risks of facing such well-documented claims in court.

Why Most Cases Settle Before Court

The often-cited statistic that around 96% of personal injury cases settle before trial requires a deeper understanding to appreciate its significance. Settlement rates are high not because cases are weak or attorneys are unwilling to go to trial, but because thorough preparation and experienced legal representation often make trial unnecessary. When insurance companies face well-prepared cases backed by attorneys with proven trial experience, they frequently opt to offer fair settlements rather than risk a jury verdict.

The decision to settle isn’t solely based on the likelihood of winning at trial. Insurance companies conduct detailed cost-benefit analyses that consider numerous factors beyond just the potential verdict amount. They evaluate the expense of prolonged litigation, the strength of evidence, the credibility of witnesses, and most importantly, the track record of the plaintiff’s attorney in similar cases. This comprehensive evaluation often leads them to conclude that a fair settlement is the most prudent course of action.

Key factors driving settlement decisions:

  • Cost-effectiveness compared to trial expenses
  • Time value of money and interest considerations
  • Predictability of outcome versus jury uncertainty
  • Strength of documented evidence
  • Witness availability and credibility
  • Venue considerations and jury tendencies
  • Insurance policy limits and exposure risks

When cases are properly prepared and expertly presented during negotiations, settlement often represents the best outcome for all parties. However, the ability to obtain a fair settlement relies heavily on the insurance company’s belief that your attorney is ready, willing, and able to take the case to trial if necessary.

When Court Appearances Might Be Necessary For An Alabama Personal Injury

Despite the high settlement rate, certain situations inevitably require court intervention. Understanding these scenarios helps clients prepare mentally and emotionally for the possibility of court appearances. Sometimes, court involvement becomes necessary not because of an unwillingness to settle, but because fundamental disputes about liability or damages cannot be resolved through negotiation alone.

The complexity of personal injury cases often extends beyond simple determinations of fault. Cases may involve multiple parties, disputed insurance coverage, complex medical causation issues, or significant disagreements about the value of future damages. In these situations, court proceedings might be required to resolve specific issues even if the entire case ultimately settles before trial.

Circumstances that may require court appearances:

  • Disputed liability between multiple parties
  • Disagreements over injury causation
  • Complex medical evidence interpretation
  • Insurance coverage disputes
  • Statute of limitations issues
  • Disputes over future care needs
  • Contested pain and suffering valuations
  • Comparative fault arguments

Even when court appearances become necessary, having an experienced trial attorney often helps streamline the process and maintain focus on achieving the best possible outcome for the client. Each court appearance serves a strategic purpose in advancing your case toward either a favorable settlement or a successful trial verdict.

The Importance of Having a Trial-Ready Attorney

As we have talked about earlier, insurance companies approach claims differently based on the attorney handling the case. And this difference profoundly affects settlement values.

An attorney’s reputation for trial success isn’t just about courtroom skills – it represents their demonstrated ability to fully develop cases, present compelling evidence, and secure favorable verdicts when settlement offers are inadequate. This reputation becomes a powerful negotiating tool long before any potential trial date.

Claims adjusters may even have different settlement authority levels based on which firm represents the plaintiff. When they see a trial-ready attorney with a strong track record involved, for example, they are more likely to make their best offers early to avoid the cost and uncertainty of litigation.

What makes an attorney “trial-ready”? Some of the most important attributes include:

  • Comprehensive case preparation from day one
  • Strong relationships with expert witnesses
  • Advanced evidence presentation capabilities
  • Proven track record of courtroom success
  • Resources to fully fund complex litigation
  • Extensive experience with similar cases and injuries
  • Strategic approach to case development

The value of having a trial-ready attorney extends beyond just negotiating leverage. These attorneys typically build stronger cases from the start, anticipate and address potential challenges early, and ensure all damages are fully documented and supported by evidence.

Alabama-Specific Considerations

Alabama’s legal system presents unique challenges that make having experienced trial counsel particularly important. Two key aspects of Alabama law that significantly impact personal injury cases are:

Contributory Negligence Rule

Alabama is one of the few states that still follows the pure contributory negligence doctrine. Under this rule:

  • If a plaintiff is found to be even 1% at fault for their injuries, they are barred from recovering any compensation.
  • This applies to most personal injury cases, including car accidents, motorcycle accidents, and truck accidents.
  • The rule only applies to persons over age 14, as courts have held that children younger than 14 cannot be contributorily negligent.

This strict rule makes it essential to anticipate and counter any potential arguments about the plaintiff being at fault during both settlement negotiations and trial preparation.

Expert Witness Testimony

Alabama has specific requirements for expert witness testimony, particularly in scientific evidence cases:

  • Expert testimony must be based on sufficient facts or data.
  • The testimony must be the product of reliable principles and methods.
  • The witness must have applied the principles and methods reliably to the facts of the case.

Additionally, Alabama has specific rules regarding expert witnesses in medical liability cases.

The Trial Process: What to Expect

When a personal injury case proceeds to trial, it follows a carefully structured process designed to ensure a fair presentation of evidence and arguments. Understanding this process helps alleviate the anxiety many clients feel about court appearances. While each trial has unique aspects, the fundamental structure remains consistent, and knowing what to expect at each stage helps you feel more confident and prepared if your case does go to trial.

The preparation for trial begins months before the actual court date and involves extensive coordination between your legal team, expert witnesses, and you as the client. Your attorney will spend considerable time preparing you for testimony, organizing exhibits, and developing the most compelling presentation of your case. This preparation phase is important because trials require precise timing, clear presentation of evidence, and careful adherence to court rules and procedures.

Key phases of the trial process:

  • Jury selection (voir dire)
  • Opening statements from both sides
  • Presentation of plaintiff’s evidence and witnesses
  • Defense case presentation
  • Expert testimony coordination
  • Cross-examination of witnesses
  • Closing arguments
  • Jury deliberation and verdict

Each stage of the trial process serves a specific purpose in presenting your case effectively to the jury. Your attorney will guide you through each phase, ensuring you understand what’s happening and what to expect next. While the process may seem intimidating, having a well-prepared legal team makes it much more manageable.

Suffered a Personal Injury in Alabama? Contact M. Adam Jones & Associates for a Free Consultation

While most personal injury cases settle out of court, having an attorney with extensive trial experience can significantly impact your compensation. At M. Adam Jones & Associates, we prepare every case thoroughly while working to achieve the best possible outcome through settlement negotiations. However, if a trial becomes necessary, our experienced team is ready to fight for your rights in court.

Contact us today to schedule a free consultation. Let us put our trial experience to work for you, whether through settlement negotiations or courtroom advocacy.

Adam Jones,
Managing Partner
Adam Jones & Associates, LLC

206 N. Lena St.
Dothan, AL 36303

Tel: 334-699-5599
Fax: 334-699-5588

What Does Maximum Medical Improvement Mean in a Car Crash Claim?

/by

Many individuals who are injured have a long road to recovery. During the recovery process, various surgeries and other types of procedures may be required. In addition, personal injury victims could be looking at several months of physical therapy and other forms of rehabilitation. Unfortunately, some accident victims never end up making a full recovery. Instead, there comes a point where they reach what is known as maximum medical improvement (MMI).

If you or a loved one suffered a serious injury in Alabama, you should not face this situation alone. Insurance companies are notorious for doing whatever they can to reduce the amount of compensation that they have to pay out on behalf of their insureds, and you need a strong legal advocate in your corner who understands the laws of the state and who knows what it takes to hold those responsible for auto accidents fully accountable.

After you have received prompt medical attention for your injuries, your next call should be to M. Adam Jones & Associates to discuss your legal claim. Our legal team has in-depth experience representing clients who have been injured in car accidents and other personal injuries, and we have a successful track record with even the most complex cases.

Message us online or call our office today at 334-699-5599 to schedule a free, no-obligation consultation with one of our attorneys.

What Is Maximum Medical Improvement?

Maximum medical improvement (MMI) is a term used in the field of medicine to indicate that an individual’s condition has stabilized and is unlikely to improve with further medical treatment. It is often used to determine the extent of an individual’s injuries and their permanent level of impairment.

Once an individual has reached MMI, their treatment will typically focus on managing symptoms and preventing further deterioration, rather than trying to achieve a complete recovery. MMI is typically used in car crash claims to determine the amount of compensation that an individual may be entitled to receive.

How is Reaching MMI Different from Making a Full Recovery?

As stated earlier, reaching (MMI) means that an individual’s condition is not expected to improve any further with medical treatment. It is a point at which the individual’s condition has stabilized, and the effects of their injury or illness are unlikely to improve.

A full recovery, on the other hand, means that an individual has completely recovered from their injury or illness and has returned to their normal level of functioning. In other words, MMI is a medical determination whereas a full recovery is a functional determination.

Some examples of car crash injuries in which a victim may reach MMI but never make a full recovery include:

  • Traumatic Brain Injuries (TBIs): TBIs vary widely in severity. Some are mild where the victim recovers within days or weeks while others result in long-term cognitive issues even after reaching MMI.
  • Spinal Cord Injuries: The spinal column is one of the most important areas of the body, and when someone suffers a spinal cord injury, there is the potential for partial or total paralysis as well as long-term ongoing pain.
  • Fractures/Broken Bones: Many individuals who suffer fractures make a full recovery, but for aging and elderly car crash victims, this might not always be the case. While they might heal to a certain point, there is a good chance that the fractured bone will remain weak and potentially deteriorate over time.
  • Amputations/Loss of Limbs: The loss of a limb is a permanent injury in which the victim will never be the same. At best, they may receive a prosthetic replacement that will restore some functionality.
  • Severe Burn Injuries: Car crashes that result in fires and explosions could cause those involved to suffer severe burns. A third-degree burn could cause permanent scarring and disfigurement in the affected areas of the body.

Who Decides When an Injury Victim Reaches Maximum Medical Improvement?

The determination of maximum medical improvement (MMI) is typically made by a physician or a team of physicians. They assess the individual’s condition and progress over time, taking into account factors such as medical tests, treatments, and the individual’s own symptoms and level of functioning. Then they use this information to make a determination of whether the individual’s condition has stabilized and is unlikely to improve further with medical treatment.

It is important to note that there is no set timeline with regard to the determination that an individual has reached MMI. It typically takes several months or longer, depending on the severity of the injuries, how the individual is responding to treatment, the continuing need for medical care, and other factors.

Once it has been determined that an injury victim has reached MMI, their attorney will have the information needed to negotiate the best possible settlement on the victim’s behalf. Prior to this determination, the insurance company may present a lowball settlement offer to try to make the case go away, but it is usually not advisable to accept this type of offer prematurely and without knowing the full extent of your injuries.

This is the type of situation in which the counsel of an experienced attorney is invaluable. Work closely with your attorney and rely heavily on their advice when it comes to a determination that you have reached MMI, settlement negotiations, and other important issues.

Injured in Alabama? Contact M. Adam Jones and Associates for Experienced Legal Help

If you or someone close to you got hurt in a car accident in Alabama, get in touch with M. Adam Jones & Associates right away to get started on your legal claim. We are committed to securing full and fair compensation on your behalf!

  1. Adam Jones,

Managing Partner

  1. Adam Jones & Associates, LLC

206 N. Lena St.

Dothan, AL 36303

Tel: 334-699-5599

Fax: 334-699-5588

 

 

Can an Employer Be Liable for Employees Drinking and Driving?

/by

It is well known that driving while intoxicated is among the leading causes of auto accidents, and according to the National Highway Transportation Safety Administration (NHTSA), drunk driving is responsible for more than 10,000 vehicle-related deaths each year.

In some cases, third parties can be held liable for these accident as well. One such example is when someone is drinking and driving on the job. When this happens, it might be possible to hold the employer liable, depending on the circumstances of the case.

Holding third parties (like the driver’s employer) liable when their actions contribute to a drunk driving crash is important, because penalizing all responsible parties is one of the best ways to get this type of behavior to stop. Another reason is that these parties may provide additional sources of compensation, which could allow victims to receive full damages for expenses such as medical bills, lost wages and earning capacity, pain-and-suffering, emotional distress, and other losses.

When is an Employer Liable for an Intoxicated Employee Causing an Auto Accident?

In general, an employer can only be held liable for an auto accident caused by an employee if it occurs “within the scope of employment”. This legal theory is known as “respondeat superior”. In other words, the employee needs to be carrying out the business of his/her employer when the accident occurs.

Here are some examples of situations in which an employer may be on the hook for an employee who causes a drunk driving crash:

  • An employee causes a drunk driving accident while he/she is out making a delivery for the employer.
  • An impaired commercial truck driver causes a drunk driving accident while transporting a load for the employer.
  • A car accident occurs while an intoxicated employee is picking up lunch for co-workers at the direction of a manager/supervisor.

The third situation mentioned can sometimes fall into a gray area. For example, if an employee is “off the clock” and decides to take an extended lunch that includes a few cocktails, then the employer might not be liable if the intoxicated employee gets into a car accident. The same might hold true if an employee gets into a crash after deciding to stop for a few drinks on their way home from work. The important distinction here is whether or not the employee can reasonably be considered to be acting within the scope of their employment when the crash occurs.

Another situation that often comes up during this time of the year is when an employee consumes alcoholic beverages at an employer-sponsored holiday party. While a party like this might technically occur “off the clock”, it might still fall within the employee’s “scope of employment” – again depending on the specific circumstances.

For example, if free alcohol is provided by the employer to the employees attending the party and they drive drunk on their way home, then there is a good chance that the employer will be on the hook. But if the party is held at a bar or restaurant where alcohol can be purchased by employees on their own and the employer is not providing any, then the situation is not quite as clear. The employer might not be responsible in a case like this, but maybe the establishment has some liability if they serve alcohol to someone who was clearly intoxicated.

Injured in a Drunk Driving Accident in Alabama? Contact an Experienced Personal Injury Attorney

When drunk drivers cause auto accidents, they can result in severe and catastrophic injuries. And while intoxicated drivers are generally assumed to be liable for accidents that they are involved in, outside parties such as employers and establishments that serve alcohol could be on the hook as well in some instances. Cases like these can be complicated, however, and this is why we recommend getting in touch with it skilled and knowledgeable attorney as soon as possible.

If you or someone close to got hurt in a drunk driving accident in Alabama, M. Adam Jones and Associates is here to provide the strong legal guidance you need. Contact us today for a free consultation and case assessment. We look forward to serving you!

How Social Media Use Can Affect your Personal Injury Claim

/by

Most of us these days use social media frequently. People love to go on to Facebook, Instagram, Twitter and similar platforms to catch up on what their friends and family are doing, post status updates of their own, read the latest news, and participate in various ongoing discussions.

Under most circumstances, social media activity is fine as long as you do not allow it to consume too much of your life. But when you are in the middle of a personal injury claim, it is a much different story. Social media posts are made in the public domain, and if your posts are uncovered by the other side, they can be used against you to diminish your claim.

How can Social Media Posts Hurt My Claim?

You were involved in a pretty bad car crash. The other driver ran a red light and collided into the side of your vehicle while you were crossing the intersection. You are taken to the emergency room to get checked out, and it looks like you have suffered some moderate to severe injuries. What is the first thing you do when you get out of the ER? For a lot of people, the answer is to post a status update on Facebook or whatever their favorite platform is.

You are generally an optimistic person, so you post a photo of yourself smiling as you leave the ER. You reassure people in your network that, although the accident was bad and your car is totaled, you are going to be “just fine”.

At first glance, that short status update seems pretty harmless. But even a reassuring post that projects an optimistic outlook could be twisted and taken out of context by the insurance company to claim that your injuries are not really as bad as you are saying they are. Sure, this was just your spur of the moment reaction right after the accident and you did not know the full extent of your injuries, but they might still try to use a post like this against you.

Posts that you make that are not even related to your accident can also be harmful. For example, if you post a picture of you and your family smiling and relaxing while on vacation, just your happiness on social media might provide ammunition for the insurance company to say you’re your claims of pain and suffering and emotional distress are overstated. This could happen if you are tagged in a post that is made by one of your family and friends as well.

Do Not Count on Privacy Settings to Keep Your Social Media Activity Confidential

Some people believe that their social media posts cannot be uncovered by the insurance company because they have the strictest privacy settings. Unfortunately, this is not necessarily the case. Keep in mind that insurance companies spend vast resources fighting accident injury claims, and they have professional investigators who are very good at finding information.

These investigators are tech savvy, and they know there could be a potential treasure trove of information on a victim’s social media profile. They will use every trick in the book to try to retrieve your posts, and you can count on the fact that they are up-to-date on all of the latest technologies that can be used to accomplish this. You should also keep in mind that all of your electronic activity is discoverable in any case, and it could be subpoenaed by the other side if it came to that.

How Should I Handle Social Media Activity during a Personal Injury Claim?

Knowing that anything you say and do on social media could be used against you in a personal injury claim, the best approach is to stop all social media activity until your claim is resolved. But if you cannot quit cold turkey, at the very least, do not make any posts of your own and limit your activity to just reading the posts of others.

Be sure to instruct your family and friends not to tag you in any of their posts either. And finally, always follow closely the advice of your attorney regarding social media activity and other actions you should take (and not take) while your personal injury claim is ongoing.

Speak with a Seasoned Personal Injury Attorney about Your Case

If you or someone close to you got injured at the hands of another party in Alabama, you need strong legal counsel by your side working closely with you to pursue maximum compensation. As soon as possible after the injury, contact M. Adam Jones and Associates for a free consultation. We will meet with you to thoroughly assess your case and inform you of your legal rights and options.

M. Adam Jones,

Managing Partner

M. Adam Jones & Associates, LLC

206 N. Lena St.

Dothan, AL 36303

Tel: 334-699-5599

Fax: 334-699-5588

Valuing a Human Life: What is a Wrongful Death Lawsuit Worth in Alabama?

/by

Losing someone close to you is always heartbreaking, but when a loved one dies because of someone else’s negligent or reckless actions, it is even more difficult to take. And although no amount of money can make up for the untimely loss of a loved one, the best our legal system can do is provide monetary compensation through a wrongful death lawsuit.

Wrongful death is defined as the loss of life that is caused by a “wrongful act, omission, or negligence” of another party (Alabama code section 6-5-410). Some of the situations in which a wrongful death action may be appropriate include deaths resulting from:

  • Motor vehicle accidents
  • Nursing home neglect and abuse
  • Medical malpractice
  • Dangerous premises
  • Dangerous or defective products
  • Criminal acts

A wrongful death lawsuit is similar to a personal injury lawsuit, except that the person who was injured is deceased and no longer able to pursue the case on their own. Someone else must file the action on the decedent’s behalf.

It is important to note that a wrongful death lawsuit is a civil action brought by a private party that is separate from any criminal charges that may have resulted from the decedent’s death. If the responsible party is charged criminally, this type of case is handled by the government, with a conviction likely resulting in imprisonment and other penalties. With a wrongful death action, the plaintiff is solely seeking monetary damages.

In Alabama, wrongful death lawsuits are unique and work differently from other states. There are major restrictions on who is allowed to bring this type of action in our state, and the damages available are far more limited than with a personal injury lawsuit.

Who May File a Wrongful Death Lawsuit in Alabama?

In many states, a spouse, child, or other close family member is allowed to initiate a wrongful death action on behalf of the decedent. In Alabama, the only one who is allowed to bring this type of action is the personal representative of the decedent’s estate. If there was a will, the personal representative would be the person who is named in it. If there was no will, this person will have to be appointed by the court.

The process of appointing a personal representative without a will can be somewhat lengthy, and those thinking about bringing a wrongful death suit need to be aware of the two-year statute of limitations that applies in these types of cases.

Two years may seem like plenty of time, but it can go by fast when you are dealing with other matters related to the decedent’s estate and trying to adjust to life without them. The statute of limitations may also be shorter in some cases, such as with lawsuits against a government entity. This is why it is highly recommended that you get an experienced lawyer involved as early as possible. Otherwise, you may lose out on your right to recover compensation for your loved one’s death.

Damages Recoverable in Alabama Wrongful Death Cases

Another way in which wrongful death claims are unique in Alabama is with the type of damages that can be recovered. Most states allow you to recover damages for economic and noneconomic losses; such as medical bills incurred before the decedent’s death, lost wages, loss of future earnings, emotional distress, loss of consortium, and loss of companionship, care, and support. Unfortunately, Alabama law only allows you to recover punitive damages from a wrongful death action.

Punitive damages are not meant to compensate an injured party for their losses, but rather to “punish” the responsible party for their wrongful actions. This means that the jury is not allowed to factor in the monetary value of the losses incurred as a result of the decedent’s death. They must only look at the egregiousness of the wrongdoer’s actions and the necessity to punish them. This is a much different standard to meet, and success with this type of case is heavily dependent on the persuasiveness of the arguments presented by the plaintiff’s legal counsel.

What About Survival Actions?

Many states allow loved ones to bring a survival lawsuit in conjunction with a wrongful death action in order to obtain additional damages that would otherwise be unavailable. Again, Alabama law is not all that favorable to victims and their families with these types of cases. A survival action can only be brought in our state if a personal injury lawsuit was already filed before the decedent passed away. If you believe there is an open personal injury claim that survives your loved one’s death, get in touch with us right away to find out if a survival claim might be possible in your case.

Contact a Skilled and Compassionate Dothan, AL Wrongful Death Attorney

If you lost a loved one because of another party’s wrongful actions, you may be entitled to compensation. Call M. Adam Jones and Associates at 334-581-9238 or message us online to schedule a free consultation with one of our attorneys. We will meet with you to thoroughly assess your case and advise you of your legal rights and options.

how much is my case worth?

What is my Personal Injury Claim Worth in Alabama?

/by

After someone experiences a personal injury, one of the first things they usually want to know is, “how much is my claim worth?” Unfortunately, there is no simple and straightforward answer to this question. No two cases are exactly alike, and the value of your claim depends on a number of specific factors. To find out the most accurate estimate of what your personal injury claim is worth, the best place to start is to speak with an experienced attorney.

During the initial consultation, your lawyer may be able to give you some idea of what you can expect for a settlement, but in many cases, it is not possible to provide a precise valuation shortly after an injury. For one thing, it may take some time for all the facts and evidence of the case to be uncovered. In addition, it might be a while before you know the full extent of your injuries, your prognosis for recovery, and/or when you expect to reach maximum medical improvement (MMI).

How Much is a Personal Injury Claim Worth in Alabama?

Before determining how much an injury case is worth, you need to figure out if you are entitled to receive any damages at all. In Alabama, if an injured party is found to have “contributed” in any way to the underlying incident that caused their injuries (even 1%), they can be barred from recovering damages. 

So, even if your injury was caused mainly by the negligence of another person or party, if they can find a way to pin some of the blame on you, you may lose out on the compensation you need and deserve. This is one of many reasons it is very important in a state like Alabama to obtain strong legal counsel as early as possible after an injury, so your right to recover compensation can be protected.

In addition to establishing liability, you must also be able to show that the incident the defendant is liable for was the proximate cause of your injuries. Sometimes, this is cut and dry, such as when an automobile runs a red light and collides with a motorcycle, causing the motorcyclist to fracture his leg. However, there are some instances in which there are questions about whether or not the plaintiff had a preexisting injury, and this is an area that the other side you sure to thoroughly investigate.

Damages Available in Alabama Personal Injury Claims

If you are able to prove that the defendant(s) were totally liable and proximately caused your injuries, you may be entitled to damages for both economic and non-economic losses.

  • Economic Damages: These are actual monetary losses that result from the injury, such as hospitalization costs, costs for surgeries and other types of medical treatment, rehabilitation expenses, costs for ongoing medical care, lost wages, loss of earning capacity, and property damage.
  • Non-Economic Damages: These are losses that are real but intangible and more difficult to assign a dollar figure to. Examples of non-economic damages include physical pain and suffering, psychological distress, diminished quality of life, disfigurement, permanent disability, and loss of consortium.

In more rare cases in which the actions of the party responsible for the injuries were willful or malicious, the plaintiff may be eligible for punitive damages. Punitive damages operate under a completely different system than compensatory damages. They are not meant to make a victim whole after a personal injury, but rather to punish the wrongdoer and help deter them (and others) from committing similarly egregious actions in the future. 

In Alabama, punitive damages are capped at three times the amount of compensatory damages. However, there is also a hard cap on punitive damages of $1.5 million, regardless of how much the plaintiff receives in compensatory damages.

Settle or Litigate?

One wild card that might make it more challenging to place a value on a personal injury claim is what a jury might do. Juries are unpredictable, and you never know how much they will award a plaintiff in damages. Since both sides know this, and because going to trial is costly and time consuming, it is generally in everyone’s best interests to reach a reasonable settlement. However, there are times when it is necessary to litigate a claim, such as when the other side is not willing to negotiate in good faith. Your lawyer should be someone who has the proven ability to successfully litigate personal injury cases, and someone who is fully prepared and willing to go to trial when the need arises.

Contact an Experienced Personal Injury Lawyer in Dothan, Alabama

If you or someone close to you has suffered a personal injury that was the fault of another person or party, contact M. Adam Jones and Associates for a free consultation. We will meet with you to thoroughly assess your case and advise you of your legal rights and options. Call us today at 334-581-9238 or send us a message through our online contact form to schedule your free consultation.

Class Action Filed Against Alabama DHR Vendor’s Falsified Lab Results

/by

Brandy Murrah, the 36-year-old owner of A&J Lab Collections, was arrested last month on two counts of forgery for falsifying drug test results. Murrah’s company is a vendor for the Alabama Department of Human Resources (DHR), and she had a contract to perform drug and paternity tests on individuals involved in child custody cases or dependency (CPS) court cases in several counties throughout the state.

Murrah was arrested for performing falsified tests on two women, producing positive results for illegal drugs. Because of these false positive tests, these women had their children taken away and put into the foster care system. Both were later re-tested at independent drug testing facilities and medical clinics, and all their tests were negative. Although the independent tests have vindicated them, they still do not have custody of their kids.

Authorities now say that this could be just the “tip of the iceberg”, and they have no idea how many individuals and families may have been affected by Murrah’s wrongdoing. Investigators are now scrambling to find out how many other families have had to deal with the agony of children being wrongly separated from their parents because of falsified lab results.

The two women, Amy Farver and Tiffany Long, are lead plaintiffs in a lawsuit that was filed against A&J Lab Collections and other defendants in the Henry County Circuit Court. Attorneys M. Adam Jones and Jordan S. Davis of M. Adam Jones and Associates are representing the Plaintiffs in this suit, which they have filed to have certified as a class action.

Thousands of drug tests were performed by Murrah and A&J Lab Collections in multiple counties throughout Alabama, and there are countless individuals and families who may have been negatively impacted by receiving false positives on these tests.

If you or someone you know tested positive falsely on a lab test done by Murrah or A&J Lab Collections, you may be entitled to compensation. Call M. Adam Jones and Associates today at 334-581-9238 to discuss your case and join our lawsuit.

A&J Lab Collections Owner Was Hired by the DHR Even Though She Had a Checkered Past

There are a lot of questions that have yet to be answered in the A&J Labs case. For one thing, how was Murrah ever allowed to become a contractor for the Alabama DHR when she already had a criminal history?

In 2013, Murrah was arrested and found guilty of five counts of credit card fraud. She served three years of probation for these offenses. Despite this record of fraud, Murrah was hired by the DHR in several counties to perform some of the most sensitive tests, tests that have major implications regarding the relationships of parents and their children and the ability of individuals to obtain employment.

Law enforcement officials also believe that Murrah somehow profited from the falsified lab results. This would indicate that this case may go far beyond simple negligence. Although we do not yet know exactly why the test results were falsified, A&J Labs clearly acted willfully and wantonly, causing major harm to the plaintiffs in this case.

Damages suffered by the victims of Murrah’s action include loss of custody, visitation, and time spent with children, loss of reputation, loss of freedom, loss of time and expenses dealing with legal matters related to this case, mental anguish, and emotional distress.

Call M. Adam Jones and Associates Today to Join the A&J Lab Collections Lawsuit

What has happened to Farver, Long, and the numerous other victims in the A&J Labs case is one of the most egregious acts that has ever been perpetrated on Alabama families in our state’s history. To think that the Alabama DHR, the very agency charged with protecting Alabama families, would contract with a vendor who had a record of fraud, and this vendor goes on to mess with other peoples’ lives apparently for her own profit. We must ensure that all parties who played any part in this fraud are held fully accountable, so this type of conduct is never allowed to repeat itself.

If you or someone close to you has been affected by this case, call M. Adam Jones and Associates today at 334-581-9238 to discuss your legal rights and options. You may also message us through our online contact form or stop by our Dothan, AL office in person at your convenience.

seat back injury attorney

The Dangers of Seat Back Failures in a Motor Vehicle Accident

/by

We go to great lengths to protect drivers and passengers while they are out on the road. In recent decades, wearing seat belts has become mandatory in nearly every state. And in all 50 states as well as the District of Columbia, there are laws that require children to ride in specially-designed car seats with proper restraints up until a certain age.

In Alabama, for example, children are required to ride in a booster seat until age six, although the best safety practice is for kids to continue riding in the seats until they are run around ages 8 to 10, depending on how big they are. While there has been a lot of attention paid to the safety of motorists in recent decades, there is a hidden danger that has not been properly addressed; seat back failures.

What is a Seat Back Failure?

The seat back is the upright portion of the vehicle seat. It is adjustable and can be moved forward and backward to ensure that the driver and front seat passenger are comfortable. Seat backs are there for comfort, and to reduce the momentum individuals experience during a collision, thus reducing the chances of a severe injury.

A failure can happen when the force of a vehicle collision causes the seat back to collapse backwards and land on top of one of the back seats. This can cause serious injuries to occupants of the front seat as their head and body are thrown hard against an object or person in the back seat. Seat back failures most commonly occur when the vehicle is rear-ended at a moderate to high speed.

The dangers of seat back failure injuries are worse when there are occupants in the back seat.  Those riding in the back seat are often struck unexpectedly by the force of the seat back collapsing on them. Those most vulnerable to serious injury are children, particularly those who are strapped into booster seats or are secured by another type of restraint.

Some of the most common injuries that occur as a result of seat back failures include:

  • Facial and head injuries
  • Traumatic brain injuries (TBI)
  • Fractures/broken bones
  • Neck and back injuries
  • Spinal cord injuries and paralysis
  • Amputations/loss of limbs
  • Wrongful death

Low NHTSA Standards and Industry Negligence are Major Contributors to Seat Back Failures

Most of us believe, based on conventional wisdom, that the back seat is the safest place for children to ride. We base this belief largely on the assumption that there are adequate governments standards in place for seat backs, and the assumption that, by now, auto makers should be able to create seat backs that more than meet adequate safety standards. Unfortunately, a 2016 CBS investigation found that both of these assumptions are false. 

It turns out that the National Highway Transportation Safety Administration (NHTSA), the agency responsible for setting auto safety standards, has not updated its standards for front car seats since 1967. The standard is so low, in fact, that even a banquet chair would qualify. And although every vehicle produced today meets this paltry standard, a large percentage of seat backs failed in crash tests that CBS conducted.

Some of the other key findings of the CBS investigation included:

  • The NHTSA has been aware of its need to update front seat safety standards since the early 1970s, but after decades of studying the issue, new standards had yet to be put in place;
  • Auto makers have been aware of the potential problem of seat back failures since at least the mid-1990s;
  • The cost for automakers to make front car seats safe for consumers would be minimal, “on the order of a dollar or so” according to one industry engineer.

CBS found that over 100 individuals (that we know of) have been killed or seriously injured because of seat back failures since 1989. And while this is not a huge number compared to many other vehicle defects, it makes no sense that the NHTSA would continue to take no action on this issue. Even the loss of one life is one too many, especially for something that would take minimal cost and effort to address.

It should be noted that several auto manufacturers have had recalls in recent years over seat back safety issues. These include:

  • Audi
  • Toyota
  • Nissan
  • Honda
  • Ford
  • Mercury
  • Tesla

Unfortunately, because the standards are so low, consumers have very little way of knowing which vehicles are safe for themselves and their children to travel in. CBS did name three automakers in their report that have been proactive and strengthened their car seats to well above government safety standards; Mercedes Benz, BMW, and Volvo.

Injured in a Seat Back Failure? Contact an Experienced Alabama Personal Injury Lawyer

Seat back failures are not the most common occurrence, but when they happen, the results can be disastrous. If you or a loved one has been seriously injured or killed resulting from a seat back failure or any other type of auto defect, you need skilled legal counsel by your side to help ensure that you receive just compensation, and that those responsible are held fully accountable. 

At M. Adam Jones and Associates, we have extensive experience representing clients who have been injured in auto accidents in Alabama. We have a successful track record with even the most complex cases, and we work closely with our clients, exploring every potential legal avenue toward obtaining full and fair compensation for their injuries.

For a free consultation with one of our seasoned Alabama personal injury attorneys, call our office today at 334-581-9238 or send us a message through our online contact form.

Adam Jones & Associates

“…But I’m Not The Only One.”

/by

When I was a boy one of my favorite cartoons began with a sheepdog and a wolf. “Mornin’ Ralph,” said the sheepdog. “Mornin’ Sam,” said the wolf. They would clock in to work, the sheepdog would casually sit down, and the wolf would begin some ingenious scheme by which he hoped to abscond with a sheep. Inevitably Sam, always a step ahead of Ralph, would catch his nemesis in the act, grab him by the throat, and send him over a cliff with a mammoth punch. But sometimes, a split-second before Sam could give Ralph the business, the lunch whistle blew. Sam would release his grip from Ralph’s neck, the two retrieved their lunch pails, and they both enjoyed a nice, quiet lunch together. When the whistle blew again, they dutifully re-assumed their respective positions – you know, with Sam’s hand around Ralph’s neck – and over the cliff went the wolf with a fresh black eye.

As a lawyer, the work I do often reminds me of this cartoon. I show up with my briefcase, another lawyer shows up with his (or hers), and we exchange pleasantries. Then the whistle blows, and we proceed to use all of our training, skill, intelligence, and wit to pummel each other. It’s a pretty unique occupation, if you think about it. After all, my success depends upon the other side’s failure, and vice versa. Outside of professional sports, who else can say that? Sure, it can be frustrating. It can be aggravating. It can even be devastating. But it is never, ever personal. Not for the lawyers. At least, it’s not supposed to be. At the end of the day we clock out, and then we stand in the parking lot for a while and talk football. Or family. Or hunting season. Or politics.

Speaking of politics, that’s another subject that brings Sam and Ralph to mind these days, especially during an election cycle. I’m sure you’re aware of it, how some people – nice, happy, genuinely good people – become angry, raving lunatics when espousing their personal political beliefs. If you’re reading this on Facebook, then you already know what I’m talking about. But in case you don’t, then take a moment to just scroll up or scroll down.

Nasty, huh?

Now, before you send me an email, I do know that I’m as guilty as anyone else. You are, too. Most of us are. Probably all of us. We’re all crazy. But not half as crazy as the idiots and morons who can’t see things our way. The truth as we see it. The truth as we know it. Right?

So let’s talk about Justice Antonin Scalia.

Scalia, who was arguably the most conservative of the nine justices on the U.S. Supreme Court, passed away on Saturday. For those of you not in the business of reading Supreme Court opinions, I won’t even attempt to catch you up. I couldn’t begin to try. However, the New York Times did an excellent piece on Scalia, which you can read here. In short, he was a conservative’s conservative. His opinions leaned so far right that, sometimes, they seemed to make a full circle. As a lawyer who represents average, everyday people being taken advantage of by insurance companies and big business, I will admit that I was not a member of the Scalia fan club. But I can’t deny that his legal opinions, and the wit with which he delivered them, often cracked me up and, more importantly, challenged me to think through my “beliefs” very carefully. Scalia may not have always received my agreement, but he always had my admiration.

And I’m not alone. If Scalia stood at the farthest right flank of the Supreme Court, Justice Ruth Bader Ginsburg most certainly holds down the left flank. A liberal’s liberal, Ginsburg has never seen a progressive cause that she wouldn’t champion. Ideologically and otherwise, she seemed to be the anti-Scalia. Ginsburg, the Jewish woman appointed by Bill Clinton; and Scalia, the Roman Catholic appointed by Ronald Reagan. They were polar opposites of each other.

They were also best friends.Washington’s version of the Odd Couple, Scalia and Ginsburg attended operas and spent every New Year’s Eve together. In Ginsburg’s words, they were “best buddies,” and after Scalia’s death she penned him a warm and bittersweet tribute, in which she wrote:

“’We are different, we are one,’ different in our interpretation of written texts, one in our reverence for the Constitution and the institution we serve.”

It’s certainly ironic that these two people with such extremely opposite viewpoints, two people charged with the profound responsibility of interpreting laws in such a way as to shape the course of the greatest nation the world has ever seen, could….well, get along at all. And yet the rest of us – you, me, and 99.9% of everyone we know – we who have virtually no impact whatsoever on national or global politics, insult each other daily.

On Facebook.

From the beginning, our Founding Fathers warned us that political parties are “to be dreaded as the greatest political evil under our Constitution.” Let’s be honest. Most of us are neither sheepdogs nor wolves. We’re the sheep. But you wouldn’t know it by looking at how we treat one another. Half of us cheer for Sam, while the other half cheer for Ralph. And when the whistle blows and they walk off arm in arm, where does that leave us?

Divided.

This may sound corny or naive, but I dream of the day that we refuse to allow special interests to manipulate us by our emotions rather than our intellect. And I dream of the day when we finally realize that we can respectfully agree to disagree, because maybe that’s the day we truly understand what @AndyStanley means when he says that all this bickering back and forth is, quite frankly, scaring the children. But most of all, I suppose I dream of the day when we all throw Ralph and Sam off the cliff, and we figure this stuff out together. So yeah, I guess it does sound corny and naive, but I dream of the day when We Are One.

As a lawyer, I suppose that whole idea might be bad for business. But as for the boy still inside of me…hey, a boy can dream.