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The Birmingham medical malpractice attorneys at Drake Law Firm have seen a disturbing trend in Alabama over the past 10 years where hospitals refuse to bill health insurance in auto accident cases. The process goes something like this: You are in a car crash and transported by ambulance or private vehicle to the hospital....

How much will I be able to keep? Our lawyers are frequently asked about the taxes that must be paid on monies from a personal injury settlement. The general answer is that the IRS and Alabama Department of Revenue do not consider personal injury settlements to be "income".  Rather, the money is deemed to...

Seek Medical Attention If you are exposed to hazardous materials in an Alabama workplace, you need to immediately seek medical attention.  Time is of the essence in some instances, so you should not hesitate if you think you have been exposed to a toxic chemical or other hazardous material.  If you employer has a...

SEAT BELTS SAVE LIVES The safest thing you can do when you get in your vehicle is put on your seat belt.  According to the Alabama Department of Public Health, a typical driver in Alabama has a 54.1% probability of being involved in an injury or fatal crash while driving an automobile in their...

Personal injury claims in Alabama impose a burden of proof on injured victims. This burden requires victims or their lawyers to show, with a reasonable degree of medical certainty, that defendants caused their injuries. This standard of proof requires the lawyer to demonstrate that defendants are more likely than not responsible for causing the...

Tailgating refers to partying or picnicking from the bed of a parked pickup truck, often in the parking lots of sports stadiums prior to football games. Tailgating season in Alabama can lead to thousands of football fans parked in stadium parking lots and surrounding areas. Unfortunately, not all tailgaters pay adequate attention to safety...

An Birmingham premises liability claim may involve an attractive nuisance, or the attractive nuisance doctrine. Permitting an attractive nuisance to present a hazard to children on a property is a form of owner negligence. A property owner could be liable for a child’s injuries or death if he or she reasonably should have prevented...

Does the Distracted Driving Bill Go Too Far? Two separate bills have been filed in the Alabama legislature to ban, not just texting and driving, but to even hold a phone while operating a motor vehicle. Representative Allen Farley from McCalla filed his in the House while Senator James McClendon is sponsoring a similar...

When a minor causes property damage such as graffiti, broken windows, or smashed mailboxes, liability for repairs may fall to the parents. Laws in Alabama may hold the parents and guardians of children under 18 legally responsible for property damage the children cause. Parents in Alabama may find themselves liable for property damages in...

Most patients who suffer concussions will notice symptoms disappearing within two to three weeks, and heal completely within about a month. Rest and avoiding subsequent head injuries is usually enough to recover from a concussion without lasting side effects. Unfortunately, some victims experience post-concussion syndrome. Post-concussion syndrome is a concussion case where symptoms last...