A simple fact of life is that nobody wants to get hurt and deal with doctor’s appointments, physical therapy, surgery, and the limiting effects of a severe injury. The only thing that can make the consequences of an injury worse is knowing that the careless, reckless, or intentional acts of another person or company caused your injuries.
At the Morrison Firm, we believe that injury victims should never be forced to pay for the consequences of careless actions or dangerous and defective products. We fight aggressively and strategically for our injury victims in pursuit of compensation for injuries and other consequences. In fact, our founding partner, attorney Richard Morrison, is a nationally known trial lawyer who has handled high-profile wrongful death, pharmaceutical, tire defect, and product defect cases. To schedule a free and confidential consultation, please call us at the Morrison Law Firm at 334-523-8323.
Attorneys Handling Defective Product Liability Lawsuits
In Alabama, consumers who purchase a product at a retail store or come to use a product at work or through other means are generally protected against injury. This is because the law of the state places a legal duty on companies and entities that sell products in the state. Essentially, companies have a duty to avoid placing goods and products on sale that are defective or dangerous to the ordinary consumers.
There are a variety of means through which a product may have a defect. In some cases, a product may be properly designed, but manufactured with a defect. For instance, consider a prescription medication which was designed and formulated correctly. However, at the manufacturing facility a mistake is made that causes the medication to be twice as strong or introduces a dangerous chemical into the drug.
Products can also have design defects such as when a table saw lacks a particular guard that would prevent injury to the user. Here, the product is manufactured according to specifications, but the problem is in the design. Alabama law also recognizes a cause of action when a product fails to warn regarding a non-obvious risk or danger.
Personal Injury Lawyers Pursuing Negligence Actions and Slip and Falls Accidents
One of the most common types of personal injury is the slip and fall. A slip and fall accident can occur in nearly any setting including at a personal residence, retail store, recreational facility, or nearly any other location. The slip and fall injury is also the foremost example of a negligence action.
Negligence actions can include a broad array of personal injury accidents including:
Slip and falls
Car and truck accidents
Train and aviation accidents
Swimming pool accidents
What distinguishes a negligence action from other types of personal injury lawsuits are the types of proofs an injury victim must present. An experienced lawyer can further explain the steps a plaintiff must take to prove the following four elements of a negligence case exist:
Injury – An injury includes both the physical injuries you suffered and many of the consequences of your injury. For instance, the medical costs of a broken leg, traumatic brain injury (TBI), or another physical injury can be compensated along with lost wages and a loss of earning potential. Speak with a lawyer to understand the full potential scope of damages in your matter.
Duty – In order for another person or party to have liability, they must first have an obligation to another person. In general negligence actions, people generally owe a duty of reasonable care to avoid causing injuries to another person.
Breach of duty – A breach of the duty to behave in a certain manner or to refrain from engaging in careless or negligent behavior is a necessary element. The breach may occur when the driver of a car or truck fails to pay attention to the road. A breach could also occur when a store fails to warn or take corrective action regarding slippery or dangerous conditions.
Causation – Last, a personal injury victim must show both actual ‘but for’ causation and legal causation. An attorney can help show both forms of causation.
Medical Malpractice and Pharmaceutical Injury Lawyers
While medical malpractice and prescription drug injuries can share certain elements with a negligence action, it is important to recognize that this is typically a unique area of personal injury law where distinct standards apply. To prove a medical negligence or drug injury case, one will typically need to show that the actions of the doctor, nurse, or another medical professional fell below the professional standard of care for a similarly situated medical professional. That is, a bad medical result is not enough. The injury victim must also be able to show that the professional’s behavior did not comport with legal standards.
It is also essential to note that a short statute of limitations period applies to medical injuries in Alabama. If you do not file your lawsuit within two years of the injury, you will be barred from bringing the claim in most instances. While the “discovery rule” can sometimes provide an extended window to file a case, this is an exception and should not be relied upon. Individuals who suspect medical mistake and injury should speak with a lawyer as soon as possible.
We Are Personal Injury Lawyers in Montgomery, Alabama
If you have suffered a serious injury due to the carelessness, negligence, or recklessness or another person our lawyers at the Morrison Law Firm may be able to fight for you. Furthermore, if you have suffered a serious injury due to a defective product, we also may be able to help. To schedule a free and confidential initial consultation, please call our personal injury lawyers at the Morrison Law Firm at 334-523-8323.