Birmingham, Alabama Personal Injury Lawyers

Drake Law Firm

2 Perimeter Park South
Suite 510E

Birmingham, Alabama 35243

Phone(205) 970-0800
Fax (205) 970-8809

Articles Published by Drake Law Firm

 Alabama Premises Liability Claims: Claims Not Requiring Prima Facie Proof of Notice

This article discusses Alabama premises liability law, and explains that Alabama distinguishes between various premises liability cases. Specifically, this article discusses how plaintiffs bringing claims alleging a defective premises or a hazardous premises created by an employee are not required to make a prima facie showing of a premises owner's knowledge of the defect.

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 Alabama Enacts New System to Reduce Uninsured Motorists on Roadway

This article provides insight into the problem of uninsured motorists in Alabama; the article also discusses the new insurance verification process adopted by the state in its attempt to reduce the number of uninsured motorists on Alabama's roadways.

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 Alabama Child Injury Lawyer Recaps 2012’s Major Recalls of Hazardous Child Products

This article discusses the dangers of defective products, particularly in the context of children's toys and goods. In addition to a general discussion of child injury and product liability claims, the article identifies a few examples of defective children's goods recalled in 2012.

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 New Law Provides for Quicker Resolution of Alabama Personal Injury Claims

This article discusses a new law in Alabama allowing parties to hire a private judge to preside over certain cases, including non-jury personal injury claims. In addition to providing details of the new law, this article also identifies the benefits that a personal injury claimant may reap from utilizing the new private judge system.

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 Alabama Auto Accident Law Shields Defendant’s Auto Insurance from Trial

This article identifies a major concern in jury trials regarding Alabama auto accident claims. Under Alabama law, a defendant's auto liability insurance is inadmissible at trial. Ironically, a defendant may introduce evidence that a plaintiff had health insurance that offset his or her medical expenses. This article explains the practical ramifications that plaintiffs face when a defendant's insurance coverage is shielded from the jury.

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 Damages as a Matter of Law in an Alabama Auto Accident Case

This article discusses a critical distinction between the amount of damages and the existence of damages under Alabama law. The artcile explains how this distinction can be used to a plaintiff's advantage in a motion for summary judgment in an Alabama personal injury case. Specifically, the distinction may allow an injured individual to obtain a judgment as a matter of law that he or she is entitled to damages, leaving only the amount of damages to a jury.

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 Obamacare’s Impact on Alabama Personal Injury Claims

This article discusses the potential impact that the PPACA ("Obamacare") may have on Alabama personal injury claims. Specifically, the article dicusses how medical liens currently affect an injured individual's recovery. The article also explains how the PPACA may actually allow personal injury victims to obtain a larger portion of their overall recovery.

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 Doctrine of Attractive Nuisance: Alabama’s Child Safety Exemption to General Premises Liability Law

This article discusses the doctrine of attractive nuisance, a significant exception to the general principles of Alabama premises liability law. The doctrine essentially raises a landowner's duty of care towards trespassing children if certain conditions are present. In addition to identifying the facts necessary to invoke Alabama's doctrine of attractive nuisance, this article analyzes the impact of the doctrine on premises liability law in Alabama.

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 Co-Employee Liability for Alabama Workplace Injury Claims

Under Alabama workers' compensation law, injured employees are generally not allowed to pursue claims against co-employees. This article explores exceptions to Alabama's general prohibition against co-worker liability and discusses situations that allow injured workers to recover against co-workers and supervisors.

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 Alabama Governmental Cap Prevents Car Wreck Victims from Recovering Full Compensation

This article explores the intricacies of Alabama's governmental entity statutory damage cap and analyzes the impact of the cap on individuals injured in a car accident caused by state or local government employees. Due to the statutory cap, many car accident victims are left with substantial financial burdens and may never receive full compensation for their injuries.

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 Procedural Traps of an Alabama Wrongful Death Action

Due to the unique nature of Alabama's wrongful death statute, a claim brought under the statute is subject to many unusual procedural traps. This article identifies and discusses some of the unusual nuances of bringing a wrongful death claim in Alabama.

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 The Significance of Nursing Home Arbitration Agreements in Alabama

Many victims of nursing home abuse are being forced to arbitrate their claims pursuant to their initial agreement with the nursing home. This article provides insight into the situation and discusses the impact of arbitration on Alabama nursing home abuse and neglect litigation.

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 Car Wrecks Caused by Animals: Alabama’s Farmer Immunity

Pursuant to Alabama law, drivers injured by stray livestock are essentially barred from recovering damages from the animal owner. This article examines the details of the Alabama statute regarding livestock car crash liability.

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 Alabama DUI Car Accident Law

This article provides a general overview of the possible routes to recovery for individuals injured by a drunk driver in Alabama. In recent years, nearly one-third of all deadly Alabama car accidents involved drunk drivers. Many times, the victims of drunk-driving accidents suffer substantial property damage and personal injuries while the intoxicated driver is unharmed.

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 Alabama Work Place Accidents: The Applicability of Federal Law

Many Alabama work place accidents are resolved through the workers' compensation claim process. However, certain industrial accidents are governed by federal legislation. This article provides a general overview of the application of the Federal Employers' Liability Act (FELA) and the Jones Act to Alabama work place accidents.

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 Alabama Loss of Consortium Claims

An injured individual may have many causes of action that stem from an accident. This article explores Alabama's loss of consortium claim that allows an uninjured spouse to bring an action arising from an accident that injures his/her spouse.

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 Alabama Dog Bite Law

This article provides a brief overview of Alabama dog bite law. Many apartment complexes and homeowner associations are beginning to place limits on the breed of dogs that owners and tenants may own. These breed restrictions come in response to a recent increase in serious dog-bite injuries.

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 Alabama Child Personal Injury and Contributory Negligence

Alabama law recognizes that a child's mental capacities are different from those of an adult. Thus, Alabama follows special rules for determining whether a minor has the requisite capacity to contribute to his or her own injuries and be barred from recovery pursuant to the defense of contributory negligence. This article provides an overview of Alabama child injury law and contributory negligence.

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 Hiring an Alabama Truck Crash Lawyer - What You Need to Know

Trucking accident claims are more complicated than garden-variety car wrecks. Additionally, they often result in more severe injuries. As such, hiring an Alabama truck injury lawyer who is familiar with DOT regulations and the trucking industry is an important consideration. This article examines the different claims that can be made against the truck driver and his company under Alabama law.

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 Alabama 18 Wheeler Accidents and Spine Injuries

18-wheeler and tractor trailer accidents account for a large percentage of spinal injuries in Alabama every year, particularly around the Birmingham metro area. However, some conservative juries are skeptical of a claimant's spinal injuries when the impact speeds are relatively minor or when the property damage is minor. This article addresses common spinal injury issues associated with truck accidents.

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 Alabama Auto Insurance - Is "Full" Coverage "Good" Coverage?

Alabama law requires all motor vehicles operated on public roads to be covered by at least $25,000 in liability insurance. But, while having this coverage is in compliance with the law, is it adequate for the foreseeable circumstances of an Alabama auto accident? The answer is, usually not. It is common in the practice of personal injury and auto accident law for clients and others to mention that they have "full coverage" insurance.

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 Alabama Statute of Limitations for Personal Injury Claims

As with the other forty-nine states, Alabama law has a statute of limitations for filing a personal injury claim. That is, a certain period of time within which a lawsuit must be filed to preserve the claim. This article addresses the different kinds of claims and the exceptions to them.

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 Do I Need an Alabama Car Accident Attorney?

Alabama law requires mandatory liability insurance coverage for all automobile drivers. But, if you suffer a serious personal injury, the mere existence of coverage on the at-fault driver may not be enough. Plus, there is no guarantee the insurance adjuster will fairly handle your claim. This is when you must decide whether a qualified Alabama car accident attorney is needed for your claim.

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 Alabama Personal Injury Claims Against Distracted or Texting Drivers

This article briefly summarizes the current state of the law in Alabama with regard to car accidents caused by texting drivers, as well as proposed changes in the laws regulating smartphone use while driving. In order to recover compensation for personal injuries caused by a motor vehicle accident, Alabama law requires proof that the other driver was negligent.

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