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WRONGFUL 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.
PERSONAL INJURY
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.
TRUCK ACCIDENTS
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.
LEMON LAW
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 must be made within the
first year or 12,000 miles, whichever occurs first.
- The manufacturer must have an opportunity
to repair the vehicle three (3) times, and one final time
after notice is given.
- And, the notice must be sent via
certified mail.
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.
Finally, the customer must follow the manufacturer's internal
dispute resolution procedure. Before beginning this process, it
would be advisable to consult with an attorney in order to fully
comply with the statute.
MOTORCYCLE ACCIDENTS
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 Robert
F. Lewis, P.C. 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.
MOTOR VEHICLE ACCIDENTS
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
COLLECTIONS
This is a form of contract dispute. An attorney
may be needed to either recover payment or the merchandise sold.
MEDICAL MALPRACTICE
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.
PREMISE LIABILITY
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.
WORKERS COMPENSATION
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.
PRODUCTS LIABILITY
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.
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