by HWC Partner Michael Eldridge Every fall, parents across Alabama celebrate the significant milestone of sending their children off to college. While our attention naturally gravitates toward matters like lodging, tuition, and class schedules, we may also ponder whether our insurance policies continue to provide coverage for our children now…
Alabama Injury Law Blog
Is It Really Product “Misuse”?
by HWC Partner Carter Clay For any attorney who has pursued product liability cases on behalf of injured victims, you know that the attorney(s) for the manufacturer will often claim that the plaintiff “misused” the product and that it was the plaintiff who caused the incident. Oftentimes, attorneys representing the…
Obtaining Medical Treatment Under the Alabama Workers’ Compensation Act
by HWC Attorney Allwin E. Horn, IV One of the benefits of the Alabama Workers’ Compensation Act is that as long as an employee is injured during the line, scope and course of their employment, payment for “reasonable” and “necessary” medical treatment for life will remain the responsibility of the…
False Arrest: Does the Police Officer Have Immunity?
by HWC Attorney Craig Shirley Unfortunately, there are times when people are falsely arrested, whether intentionally or simply by a mistake in identity. When that does happen, there is a potential for a personal injury claim for false arrest and false imprisonment to be made arising out of that false…
Recent Changes to Alabama’s Longstanding Dram Shop Act (Alcohol Injury Claims) & How Drunk Drivers & Retail Bars Just Won a Small Battle Over Drunk Driving Victims
by HWC Managing Partner Josh Wright The Alabama Dram Shop Act has been around since 1909, and in pertinent part, has been in place to protect “every wife, child, parent, or other person who was injured in person, property or means of support by any intoxicated person.” Many bars, restaurants,…
Alabama Declaratory Judgment Act: Some Use It. Some Abuse It.
by HWC Partner Michael Eldridge It is not uncommon for individuals and companies to face situations in which they are unsure of the potential legal ramifications that follow certain future actions or decisions. This is especially true in the context of contractual relationships. Alabama courts have long recognized a party’s…
Safer Alternative Design Proof in Defective Product Cases
by HWC Partner Carter Clay To establish the existence of a safer design, a plaintiff, typically through an expert must provide substantial evidence to show (1) that the injuries caused by the product would have been less severe or eliminated by the use of an alternative design and (2) that…
Alcohol & Drug-Related Injury Cases & the Ever-Developing Area of Toxicology Admissibility
by HWC Managing Partner Josh Wright Managing Partner Josh Wright has developed a specialty over the last 25 years in the litigation of toxicology admissibility. Long a regionally-recognized drunk driving victim’s lawyer, the issue of biologic sample admissibility has developed in the law, and Josh has been on the forefront…
Post-COVID Jury Verdicts … What’s Going On?
by HWC Managing Partner Josh Wright Post-COVID verdict averages in personal injury claims are up close to 50% from that of pre-COVID verdicts, according to recent statistics.¹ Verdicts in 2022 alone for Alabama injury victims have topped $97,000,000 in cases involving a wide array of wrongful conduct, including contract disputes,…
You Better Object During Trial
by HWC Partner Carter Clay Prior to any trial, the attorneys will assess the need to file motions in limine to try to keep out damaging or prejudicial testimony and evidence. Typically, the court will hold a hearing on these motions before commencing the trial and will issue rulings on…