Alabama Personal Injury Blog - Lawyers

Death over Dogs

Jon Lewis — Thu, 18 Jun 2009 10:27:39 GMT

There was a short editorial in the Birmingham News this morning discussing Donte Stallworth's sentence versus Michael Vick's sentence. The article questions the justice between the two. After reading this piece, it got me to thinking that this would be a good Part 6 to my Accidents Caused by Drunk Driving Series, but the title just didn't seem to fit.

I agree with the writer that there is something wrong with this picture. How could Michael Vick be sentenced to 23 months in prison for his involvement in a dog fighting scandle when Donte Stallworth only received 30 days in jail for getting in a car drunk and killing someone? It doesn't make sense.

I'm a dog lover. My family has a dog at home. We give to Hand in Paw. However, it seems strange that the penalty for driving drunk and killing someone would be so much less severe that being involved in a dog fighting ring. Is it because we have been de-sensitized to drunk driving, but we aren't used to dog fighting? I can't answer that question, but I agree that the justice seems out of whack.

Originally posted at InjuryBoard by Jon Lewis

Alabama Injury Attorneys - How to Choose?

Jon Lewis — Thu, 04 Jun 2009 08:21:00 GMT

I'm always amazed at all of the advertisements for Injury Attorneys in Alabama. You see ads on billboards, on television, and on radio. There are so many. How can anyone know who to choose? I also wonder, would people choose their doctor from an ad? If not, why would they choose their lawyer from an ad? And, what makes them choose one over the other? Is it the jingle from Goldberg? Is it the testimonials from Alex Shannarah? Is it the numbers on Wettermark, Holland and Keith's commercials? Or is it seeing Mr. Norris in a Norris commercial?

How would you go about choosing an attorney? Many people ask friends and family members. If they have had experience with an attorney, good or bad, they may be able to provide some insight. Others ask attorneys they know for recommendations. Other lawyers typically have some knowledge of who the competent and good lawyers are. Some people even ask judges. Judges see attorneys in action.

Today, there is another way to select an attorney: interact with the attorney online. With Facebook, LinkedIn, MySpace, JDSupra, blogs, Twitter, YouTube, etc., there are so many ways you can get to know your potential attorney. You can read their website. You can e-mail them. You can look up their testimonials. You can even see them live through video if they have it. On our site, we have suggested questions to ask attorneys. We'll even recommend attorneys you should use if you don't feel comfortable with our firm. You and your attorney will be a team, and you need to work together as a team. How can you if you don't KNOW your teammate?

In this day and age, don't select your attorney from a simple commercial. Your case is too important to hire an attorney strictly based upon a sound bite. Interview your attorney - if not in person, do it online. Ask them about their experience. Ask them if they feel comfortable about providing names of other quality attorneys. If they don't, maybe you should keep searching.

Originally posted at InjuryBoard by Jon Lewis

Insurance Company and Corporate Names

Jon Lewis — Sat, 16 May 2009 15:35:40 GMT

Names may change, but the companies don't. In law school, we learned a phrase, "Form over Substance". What's an example? You can call a table a chair, but it's still a table.

In the Birmingham News today, it was reported that GMAC Bank is taking on a new name. GMAC Bank has now become Ally Bank. This is not a surprise given the fact that GM is about to file bankruptcy. Why would GMAC Bank want to be associated with a bankrupt company? They wouldn't.

Another example of this is 21st Century Insurance. Who is that? Surprise!! AIG. Can you believe it? AIG sold its insurance division to Farmers, and it's now called 21st Century Insurance. They don't want their company associated with AIG anymore. Are they really any different?

Why do I care? Well, a couple of years ago in Seattle, the U.S. Chamber of Commerce ran a full page ad in the USA Today stating, "Same leopard. New Spots". They were referring to the Association of Trial Lawyers of America. Our Group decided to change the name of the organization to the American Association for Justice.

Obviously, "Trial Lawyers" have been bashed in the media and by corporate interests, and our organization wanted to let people know what we stand for as opposed to what our name is. People can bash "Trial Attorneys", but who can bash "Justice?"

I bring this up because I want people to know that the corporate and insurance interests are no different. In fact, they are worse. Why? Their hypocrisy knows no bounds. They criticize trial lawyers as greedy and selfish when it is now abundantly clear where the greed lies. Given our current economy and mortgage crisis, who has exemplified more greed than huge corporations. Look at Enron, Tyco, HealthSouth, Madoff, Worldcom, AIG, and on and on. These companies, and their officers and directors, were fleecing the American public. Do they care? No, they just change their name and go on with government backing - our tax dollars.

On the flip side, what do trial lawyers do? We try to protect individuals from injury and fraud. Which side are you on? Corporate accountability or Corporate greed? I'm biased, but I'll take corporate accountability and side with trial lawyers any day of the week.

Originally posted at InjuryBoard by Jon Lewis

Alabama Neck Injuries - Low Impact Car Accidents

Jon Lewis — Tue, 24 Mar 2009 10:40:47 GMT

Can your neck be injured in a car crash with a low impact? Most defense attorneys and insurance companies would have you believe that it's impossible. They make many arguments to jurors that it's impossible and that these are just preexisting injuries. But, they are wrong!! Don't be fooled!

There are two examples I can give that will illustrate the force applied even at low speeds: 1) would you put your hand on the back of a stopped vehicle and let another car roll into your hand at 5 miles per hour? Of course not. It would crush your hand. 2) Have you ever played with the ball pendulum game (commonly called kinetic balls or Newton's Cradle)? This game demonstrate newton's third law of motion: for every action, there is an equal and opposite reaction. When one ball is pulled back and strikes the next ball, the force is great enough to travel through the three others and kick the last one up.

When your car is hit from the rear, the force travels through the car, jerks your body, and typically, your head snaps back and then forward. This force can trigger symptoms that were not present prior to the impact. It can also cause damage. This is commonly referred to as whiplash, but that term has been used so critically that it is better to use the proper medical terminology of "cervical strain", "bulging disk", or "herniated disk", depending on what your condition is. If you were already susceptible to an injury due to degeneration in your neck, this force causes the symptoms to present themselves through pain and, sometimes, through numbness and tingling.

Do you have an experience where you were involved in a low impact car crash and experienced significant pain and injury to your neck? Did the insurance company or defense attorney argue such a condition couldn't result from such a low impact? Did they make you feel awful - like you were lying? Let us know. We want to hear your story. The more people who talk about the possibilities show how real they are. Please give us your comments even if they are contrary to the above (maybe you were involved in a low impact car crash and had no pain). We want to know.

Originally posted at InjuryBoard by Jon Lewis

Need an Alabama Attorney - Ask Questions

Jon Lewis — Wed, 18 Mar 2009 13:21:42 GMT

Before You Hire A Personal Injury Lawyer

Choosing the right attorney to represent you is a very important decision.
Here is a list of questions that a client should ask an attorney before they hire him/her.

How long have you been practicing in the specific field of accident and injury law?
What percentage of your practice is devoted to accident and injury law?
Have you previously represented people with injuries similar to mine?
Do you have investigators and expert witnesses who will help in cases with my type of injury?
Can you help me with my property damage claim and get a rental car for me?
Will you handle my case on a percentage fee basis?
If I can't come to your office, will you come to my home or office?
Will you discuss my case with me over the telephone?
Are you a member of the Alabama Association for Justice?
Are you a member of the American Association for Justice?
Have you ever defended insurance companies against injury claims?
Will you evaluate my case for me without cost or obligations?
If the insurance company doesn't offer a fair settlement, are you willing to take my case to trial?
Have you won any trials?
Do you have any references?
Are you licensed in any other states?
Have you given any seminars or taught any CLE courses?
What is your participation in the organizations you belong to?
Are you Certified in any areas?

There are many attorneys to choose from. With television, yellow pages, billboards, and internet, you can go nuts looking at all the information. Some attorneys never go to court. Some are just businessmen in a sense. That doesn't make them bad attorneys, but you need to know that before you employ your lawyer.

The most important thing for you to remember when choosing an attorney is that you will spend significant time with this person/firm while your case is pending. You are a team, and you need to work together toward the common goal of obtaining adequate compensation for your case. You have to be comfortable with your attorney, and your attorney needs to be comfortable with you. Keep that in mind while you are making this important decision.

Originally posted at InjuryBoard by Jon Lewis

Do you Really Know your Doctor?

Jon Lewis — Sat, 31 May 2008 10:00:00 GMT

When you or someone you know has been injured in an accident, there are several things you need to know about your medical treatment in the event your case eventually gets into litigation.

First, you need to make sure you relate your injuries to the accident when you go to the hospital or doctor. Once the case gets into litigation, the attorneys order all of the medical records. Jurors tend to believe what is written in the record as opposed to what you tell them so make sure the record is clear.

Second, in that same regard, make sure you and your doctor are on the same page. I cannot tell you how many times a client's doctor has testified in deposition that he either didn't know the client was in the accident or that the client did not attribute any of her symptoms to an accident. When you visit your doctor, the doctor listens and takes notes, either handwritten or via dictation. Ask him what he writes down or listen to what he dictates and make sure it's accurate. When your attorney takes his deposition a year or so later, he will go on what he wrote down or dictated, and he won't remember what you told him.

Third, make sure your doctor is not biased against these types of cases. Your doctor is the key to your case. If she testifies that your injuries were "possibly" caused by the accident, you're in trouble. "Possibly" doesn't cut it. The doctor MUST testify that the accident caused your injuries to a reasonable degree of medical probability (defense attorneys argue "to a reasonable degree of medical certainty" which is impossible - no one knows for certain unless the injury is clear). For some reason, many doctors just do not like these cases, and they don't seem to want to get involved and help their patient. Take care of this on the front end when you first meet with the doctor so her testimony doesn't bite you down the line.

Fourth, make your doctor spend time with you and explain his diagnosis and treatment plan. Many doctors come in and out of the examination room as if it were a drive thru window at a fast food restaurant. Ask questions so the doctor can't just up and leave. Make sure he understands what your problems are and how you were not having these problems before the accident.

Fifth, keep a log of your pain and the date, time and dosage of medications you take. When you take medication, it is pretty clear you are having pain, and such a log along with the dates and amounts of medication purchases can be clear evidence to a defense attorney and jury of the actually pain you were having.

These are just some helpful tips. Your doctor needs to believe in you and be your friend. Make sure that's the case because their testimony can kill the case if it's not in line.

Originally posted at InjuryBoard by Jon Lewis

Lewis & McAtee, P.C. - Personal Injury Attorneys

Jon Lewis — Thu, 22 May 2008 16:08:12 GMT

As new members to InjuryBoard.com, Lewis & McAtee, P.C. would like to introduce the firm to the organziation and the readership. Our firm was started over forty (40) years ago by Jon Lewis' father, Robert F. Lewis. The firm name was Robert F. Lewis, P.C. until a few years ago when Stuart McAtee joined as a partner.

Lewis & McAtee, P.C. handles a variety of cases which include, but are not limited to, car accidents, truck accidents, wrongful death claims, product liability claims, medical malpractice claims, child injuries, workers compensation claims, lemon law claims, securities fraud, fraud in general, slip and fall claims, and social security disability claims. Over the years, we have handled many cases for satisfied clients. Most have been settled, and some have been tried to a jury verdict. In fact, during November, December, and January of 2007 and 2008, we tried three jury trials, and our clients were victorious in two of the three.

We gladly accept referrals, and we are looking forward to our association with InjuryBoard.com.

Originally posted at InjuryBoard by Jon Lewis