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Alabama Court System - What you need to know

Thu, 25 May 2023 20:28:05 GMT

Alabama Court System - What you need to know

Alabamians who are facing legal issues often wonder where they can go to obtain relief. The best way to determine this is to first learn a little bit about how the state's court system is structured.

Lower Level Courts

There are three "lower level” courts in Alabama:

District Court, which handles torts, small claims, family, and juvenile matters
Probate Court-where cases concerning estates and adoptions are heard
Municipal Court, which primarily handles cases dealing with traffic infractions and municipal ordinance violations.

Circuit Court

Upon appeal, cases in district, probate, or municipal court will be referred to one of the state's 41 circuit courts. Alabama's circuit courts are courts of general jurisdiction, meaning they have the authority to hear many types of cases. A few cases that might be heard in circuit court include:

Criminal
Juvenile
Tort, contract, and real property claims with an amount greater than $10,000
Domestic relations

Civil/Criminal Appeals

Cases decided in circuit court may be appealed at either the:

Alabama Court of Criminal Appeals- This court is responsible for felony and misdemeanor appeals, including post-conviction writs and death penalty appeals.
Alabama Court of Civil Appeals- Having jurisdiction over administrative agency appeals, this court also handles appeals in domestic relations and worker’s compensation. Civil cases in which the amount in question is less than $50,000 are heard by the Alabama Court of Civil Appeals as well.

Supreme Court of Alabama

The Alabama Supreme Court is the final say in both criminal and civil matters, including administrative agency decisions. It has exclusive jurisdiction over civil matters where the amount in question exceeds $50,000.

Nine justices make up the Supreme Court. of Alabama. The Chief Justice is an elected official, and oversees the remaining eight justices.

Alabama's multi-tiered court system ensures an orderly legal process, while giving citizens multiple chances to have their voices heard. If you are seeking relief, the above information will help you better navigate through the system.

Municipal Court / District Court / Circuit Court / Supreme Court of Alabama / Alabama Court of Criminal Appeals / Alabama Court of Civil Appeals

Car Accidents and Personal Injury Insurance Claims - What You Need To Know

Thu, 25 May 2023 20:22:29 GMT

Car Accidents and Personal Injury Insurance Claims - What You Need To Know

When the accident occurs through no fault of your own, you rely on the other driver’s insurance company to address your claims. They may offer you a quick settlement but, before you accept, there are many things you should know.

The Damages You Can Recover

Under Alabama law, you have the right to monetary damages when the car accident occurred through the fault or recklessness of the other driver. Damages may include reimbursement or compensation for:

Medical costs – including emergency care, follow-up treatments, surgeries, and rehabilitation.
Property loss – the cost of repairing or replacing your vehicle and any property, such as a lap top or phone, which was damaged or destroyed as a result of the accident.
Lost wages – this includes the time off work to recover from your injuries as well as time missed for follow-up doctor appointments and treatments.
Pain and suffering – you are entitled compensation for the physical pain you experienced as a result of the accident.
Emotional distress – the accident, and your recovery from it, took an emotional toll and you are allowed compensation for this experience.

While some of these damages may be obvious as the time of the accident, others may not be known for months or even years, so you should never rush into a settlement.

The Benefits of Legal Representation

While some people try to manage their claims alone, a 1999 study by the Insurance Research Council found that the average person receives a settlement 3 ½ times larger with legal assistance than without it. Why? The insurance company representing the at-fault driver wants to save money, not help you receive the appropriate compensation.

An experienced personal injury attorney knows the law and will seek all the compensation you deserve. They understand the process and can negotiate on your behalf for all of your current and anticipated medical expenses as well as lost wages that resulted from the accident.

The attorneys of Barfoot & Schoettker, L.L.C. are experts in this field, having successfully represented hundreds of clients injured in car accidents. We treat our clients with respect and provide the guidance and attention necessary to achieve the best outcome given the facts of each case. Contact us or call (800)834-3294 for your free consultation.

Here are some links to related information

Car Accidents and Whiplash

Thu, 25 May 2023 20:17:31 GMT

Car Accidents and Whiplash

“Whiplash” is basically soft tissue damage to the neck or upper back; while you can get whiplash on a ride, while cycling or even while playing sports, the most common cause is an automobile accident. A car that is going in one direction and comes to a sudden, violent stop causes your body to stay in place, while your head whips forward, painfully overextending the neck.

Whiplash can occur in a rear end accident too, even if your car is stationare; the sudden forward motion can jar your neck and cause damage and pain that lasts for months. On another part of the body, this type of injury could be called a strain or sprain.

Car Accident / Injury / Whiplash Information: Symptoms of Whiplash

It might take a few days for all symptoms to show up; whiplash symptoms may not be present immediately after an accident. No matter how you end up with the condition, whiplash causes one or more of the following symptoms:

Neck or upper back pain
Reduced movement or inability to turn the head as usual
Dizziness or light headedness
Blurred vision
Pain that extends to the shoulder or upper arm, or pain when the arm is raised
Tingling or feeling like the arm, shoulder or neck is falling asleep
Cognitive issues, including trouble concentrating or recalling events

Help for Whiplash

Get medical assistance: Since it takes time for the symptoms to show up, you should seek out medical attention for your neck or back if you have been in an accident. Failure to treat a neck injury, including whiplash, could make it worse. Visit the ER or your own doctor promptly to learn the extent of your injuries and get the treatment you need.

Document everything: Make sure you get a copy of the police report, take photos of the accident site and of your vehicle. You should also record the contact information for the other party and for any witnesses to the incident. If you’ve visited the doctor, you’ll also have medical records to support your claim.

Seek out assistance: The insurance company may not realize the severity of your injury or the way it impacts your life. A personal injury attorney can help protect your rights and ensure you are being treated fairly.

Contact us to learn what comes next after your injury and to be sure you are being treated fairly; we're here to help you during this difficult time.

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Dangers of ATV's

Thu, 25 May 2023 20:09:24 GMT

Dangers of ATV's

All Terrain Vehicles, more commonly known as ATVs, can be safe when used responsibly but pose inherent dangers in many circumstances. The Consumer Product Safety Commission states: “ATVs are the fifth deadliest product that we oversee,” resulting 700 deaths and 136,000 emergency room visits each year.

ATV Injuries and Death

ATVs are heavy machines designed to handle rough terrain. When hitting an object or driven on rough or steep areas, they can overturn or throw people from the vehicle, causing severe injuries or death. More people are driving ATVs, either legally or illegally, on paved roads and highways, which has resulted in a 10% increase in ATV highway deaths this year (2016).

Injuries that range from minor to severe can occur during ATV accidents. The most common injuries are:

Arms and Hands (29%)
Head and Neck (27%)
Torso (22%)
Legs and Feet (21%)

These injuries may require surgeries and ongoing treatment and others can result in permanent impairment.

Statistics often feel impersonal but the deaths and injuries are very real. Over the summer, a well-respected pastor and a father and his one-year-old daughter died in separate ATV accidents in our state. In mid-October a woman riding as a passenger on an ATV was also killed. While most ATV injuries and deaths occur in the summer months, in Alabama these numbers are also high during hunting season, so be careful.

Lawsuits

Despite the risk of injury and death, ATV usage remains high. When an accident occurs, two types of lawsuits might be filed:

Product Liability. The manufacturer is sued with claims that the faulty design of the ATV caused the accident. In 2013 an Alabama jury awarded 3.3 million dollars in damages to a woman injured in an ATV.
Personal Injury. The ATV driver or someone who was otherwise careless, is sued under a claim that their actions resulted in the plaintiff’s injuries or loved one’s death.

If you are injured or a loved one is killed in an ATV accident, hire a skilled attorney who understands ATV claims and can best represent your interests. The attorneys of Barfoot & Schoettker, L.L.C. are experts on ATV claims and can help you achieve the compensation you deserve. Contact us today to learn more.

All Terrain Vehicles / Injuries / Lawsuits/ Dangers

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Roundup Causes non-Hodgkin's lymphoma

Equifax Breach and Your Identity

Thu, 25 May 2023 20:02:55 GMT

Equifax Breach and Your Identity

Equifax sustained a breach of their system exposing 143 million individuals personal information. It has been reported that the information obtained by the hackers included Social Security numbers, birthdates, and addresses. If you believe your identity has been hacked call us today and talk with one of our lawyer.

The breach appears to have occurred months ago, but Equifax only learned about it July 29 and still waited more than a month to publicly disclose the incident. In the meantime, the company was creating a website, www.equifaxsecurity2017.com, which allows consumers to check and see if their personal information could have been impacted by the breach, according to the Washington Post. Regardless of whether a consumer was one of the 143 million people affected or not, they can opt to enroll in a free credit monitoring service through TrustedID Premier.

The process sounds simple, but it isn’t, and consumer groups warn that red flag issues should make consumers proceed with caution.

First, after a consumer verifies whether their information was potentially impacted, they have the option to click “Enroll.” An auto generated message gives them a date in the future to return to the site and complete the enrollment. So, while their data was compromised months ago, and they have waited to even learn of the breach, they still must wait days to activate the monitoring.

Parsing through the fine print, consumers will note they agree to mandatory arbitration if they opt to use the service. The terms of service appeared to have changed Friday, CBS News noted, and it may be possible to opt-out of arbitration. Even so, the responsibility to opt out will be on customers.

Arbitration clauses, or “rip-off clauses” as consumer rights activist call them, forced on consumers involved in financial transactions may soon be a thing of the past thanks to the Consumer Financial Protection Bureau (CFPB). The CFPB announced rules in July that will block companies “that extend credit or collect debt” from “contractually obligating customers to binding arbitration agreements,” CBS News reported.

Richard Cordray, who heads the CFPB, discussed the new rule in a New York Times commentary saying, “Not only do group lawsuits help consumers recover money they otherwise would forfeit, but they also protect many more consumers by halting and deterring harmful behavior.”

Finally, a cyber-security blog, Krebs on Security, noted that the new website had been reported as a possible phishing attack – potentially subjecting consumers to even further damage. Krebs on Security has previously recommended consumers consider alternative measures to protect themselves from cyber crime, including:

Place a fraud alert, or security alert, on your credit file, which lasts for 90 days. The law allows them to be renewed as often as the consumer wishes. A longer-term alert can last up to seven years with proper documentation showing fraud has been committed against a person or is likely to be committed against them. Potential creditors are supposed to contact a consumer and obtain permission before opening new lines of credit in their name if they have a fraud alert in place. A consumer only needs to file a fraud alert with one of the major credit bureaus (Equifax, Experian or Trans Union). They are required by law to alert the other two bureaus.
Place a security freeze, which locks access to a credit file against anyone trying to open a new account or acquire a line of credit in someone’s name. A credit freeze may be less frustrating than a fraud alert if a consumer needs to apply for credit. A freeze can be lifted temporarily by the consumer if they are applying for credit.
Monitor your own credit. Consumers can obtain one free credit report from all three major credit bureaus each year. A free copy is available at www.annualcreditreport.com, or call 877-322-8228 to obtain the free report.
Consumers also can reduce their exposure to identity theft by opting out of unsolicited credit card or insurance offers. Doing this, via www.optoutprescreen.com, or 888-5OPT-OUT, should block most unsolicited applications and reduce the incidence of identity theft.

Source:
CBS News
Washington Post
New York Times
Krebs on Security

Free Legal Consultation
At Barfoot & Schoettker, there is never a fee for legal services, unless we collect for you. Contact us today at 334-834-3444.

Federal Investigation / Alabama State Prisons

Thu, 25 May 2023 19:53:48 GMT

Federal Investigation / Alabama State Prisons

The Department of Justice issued a press release on October 6, 2016, stating that it is conducting an investigation into conditions in Alabama’s prisons for men. This investigation comes after years of severe overcrowding, chronic under-staffing, strikes and riots. The recent murder of a Holman correctional officer shone a spotlight on the intolerable conditions faced by both the inmates and the staff.

In its press release, the DOJ announced the federal investigation into the Alabama State Prisons will focus on three specific issues:

Whether prisoners are adequately protected from physical harm and sexual abuse at the hands of other prisoners;
Whether prisoners are adequately protected from use of excessive force and staff sexual abuse by correctional officers; and
Whether the prisons provide sanitary, secure and safe living conditions.

Overcrowding is cited as the root cause of the issues within the system. Currently, the system is operating at 183% of capacity, with large dormitories housing between 90 and 150 men. These spaces offer no privacy or security and the sanitation facilities are inadequate to meet the reasonable needs of the prisoners. The overcrowding also results in extremely limited recreational time, which increases prisoner tensions.

The issue of over-staffing is exacerbated by chronic under-staffing within the prison system. In a recent statement, Department of Corrections Commissioner Jeff Dunn explained, “The major issue, to use a military term, is boots on the ground. We need more boots on the ground.” There are too few officers overseeing too many prisoners and the officers’ focus shifts to protecting themselves rather than the men in their charge.

The DOJ will investigate the allegations under the Civil Rights of Institutionalized Persons Act (CRIPA) and hopes to work with state to address any issues it identifies. If the state refuses to cooperate, it could be the subject of a federal lawsuit.

While the allegations are investigated, the prisons remain dangerously overcrowded and understaffed. Alabama Gov. Robert Bentley states he looks forward to working with the DOJ and believes it will support his $800 million initiative to build four new prisons that passed the was approved by the Alabama legislature earlier this year.

Gunn Murder Case

Thu, 25 May 2023 19:49:55 GMT

Gunn Murder Case

A Case for Calm in the Gregory Gunn Murder

Aaron C. Smith, the Montgomery police officer who shot and killed Gregory Gunn, has been charged with murder. The incident occurred on February 25th at approximately 3:20 a.m. in the Mobile Heights neighborhood. 59-year-old Gunn was said to be walking to his mother’s house after visiting some friends.

Aaron Smith, patrolling the community after a recent surge in crime, viewed Gunn’s behavior as suspicious and approached him. As Smith began to pat Gunn down to check for weapons, Gunn fled from the officer. From this point, however, the details become murky.

Gunn may have been carrying a paint roller with an extension rod on it. Community members have reported that it’s not unusual for individuals to carry a stick or object to protect themselves at night. Others insist, however, that Gunn’s hands were empty at the time of the shooting. Gunn allegedly called out for his neighbor and may have banged at his door. Getting no response, Gunn took a crouching stance. Police indicated that Gunn crouched as he prepared to swing the stick. Others insist that Gunn was simply trying to shield himself. By 3:35, Gunn was pronounced dead. An autopsy revealed that he was shot five times, likely while crouching.

Smith, initially put on administrative leave, has been charged with murder. He was released from jail on $150,000 bail and is now in hiding with his family. The family reports that they have received death threats since the incident occurred. The police have vowed to look into this case carefully. Neighborhood residents admit that the recent crime surge has caused them to appeal to the police department for further patrols. At least one resident insists, however, that white officers should not patrol this predominantly black neighborhood.

This case comes as our nation heals from several recent shootings of unarmed black men. Although most agree that 99.9 percent of police officers perform exceptionally well under challenging conditions, it is important to examine all cases carefully. Through proper analysis of the data, we may be able to address this disturbing trend and prevent further loss of life. We urge all residents to remain open to the facts as they emerge in this case, and withhold judgment until all the details materialize. No matter who is to blame, a tragedy occurred on February 25th. A rush to judgment and condemnation of either party before a thorough investigation occurs would just add to the tragedy.

At Barfoot & Schoettker, LLC, we vow to help our clients stand tall. We hope our city of Montgomery, Alabama will stand tall during this trying time.

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Roundup Causes non-Hodgkin's lymphoma

Thu, 25 May 2023 19:43:48 GMT

Roundup Causes non-Hodgkin's lymphoma

Roundup Linked to Cancer Causing non-Hodgkin's lymphoma

Roundup is the commercial name for the herbicide glyphosate, produced and distributed worldwide by Monsanto. In 2015, the International Agency for Research on Cancer identified this herbicide to be a probable human carcinogenic. Despite this finding, as well as additional studies, Monsanto denies this finding, as well as claims that it knew of this danger yet minimized this risk information.

Who is at Risk?

Prolonged exposure to Roundup increases the risk of developing non-Hodgkin lymphoma, which is a cancer of the lymphatic system. Those at high risk of developing cancer include:

Farm Workers
Landscapers and their Employees
Municipal and Campus Groundskeepers

Most household users of Roundup with limited exposure are at low risk of developing cancer.

Studies Linking Roundup and Non-Hodgkin Lymphoma

Since the 1970s, studies have found a direct correlation between Roundup and non-Hodgkin lymphoma (NHL) in rodents, as well as a genotoxic effects in humans. This means that mutates human DNA, often resulting in cancer. Despite these findings, there have been no governmental requirements for warnings on the Roundup labels or the discontinuation of the product.

The link between Roundup and non-Hodgkin’s lymphoma gained renewed attention in March of 2015, when the International Agency on Cancer Research, which is part of the World Health Organization (WHO), declared Roundup “probable human carcinogen.” This finding was based on three independent studies that all reached the same conclusions.

As a result, several individual and class-action lawsuits have been filed against Monsanto. If you have been diagnosed with non-Hodgkin’s lymphoma that you believe was caused by Roundup, contact us immediately for a free consultation.

What is Non-Hodgkin Lymphoma?

Non-Hodgkin lymphoma is the most common cancer diagnosis connected with Roundup. It is a disease of the lymph system, which is a part of your immune system, which helps fight infections and some diseases. It also helps move fluids through the body. NHL can start in any part of the lymph system, and is often identified by swollen lymph nodes. It can quickly spread throughout the lymph system and then to other parts of the body, including the brain, liver, and bone marrow. There are two categories of NHL:

Low-grade NHL progresses slowly and a person may have it for years with no obvious symptoms.
High-grade NHL is aggressive and may quickly lead to death.

A biopsy is most often used to test and diagnose NHL, though other diagnostic tools may also be used, including blood tests and imaging (MRI, X-ray, CT scan, etc.)

There are several subtypes of NHL, each with their own aggression and survival rates. The primary treatments for NHL are:

Signs and Symptoms of Non-Hodgkin Lymphoma

Because it is based in the lymph system, Non-Hodgkin lymphoma (NHL) can manifest in different ways and places in the body. Some common signs and symptoms include:

Enlarged lymph nodes
Weight loss
Sweating and chills
Fever
Fatigue
Swollen abdomen
Chest pressure or pain
Shortness of breath

Please note that these are generalized symptoms that can indicate a variety of non-life-threatening conditions and it is important to contact a healthcare professional for evaluation.

How We Can Help

The attorneys of Barfoot & Schoettker are focused on helping those injured by defective products and are willing to speak with you today about the Roundup lawsuit. We deliver the expertise and services you need, with the personalized attention you deserve. If you have been diagnosed with non-Hodgkin’s lymphoma and you believe it is due to Roundup exposure, contact us today. We do not charge a fee for a consultation regarding your potential claim against Roundup.

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What do you need to know about Slip and Fall Injuries

Thu, 25 May 2023 19:33:35 GMT

What do you need to know about Slip and Fall Injuries

If you’ve slipped and fallen inside a store, business or even someone’s home, that person or organization could be held responsibility for your injuries. Premises liability will depend on a variety of factors and will depend on whether the property owner or business took the correct amount of precautions and did enough to ensure your safety.

Did the owner or their employees know there was a danger? If the owner of the premises was aware of the danger but did nothing to improve the situation or protect visitors, they could be held responsible for your accident. Whether you slip on water left standing inside a retail store doorway or fall into an open access hatch that has not been properly secured and roped off, the owner or operator of the establishment has not taken reasonable precautions to protect guests or visitors.

Did the employees or owner actually cause the danger? Spills, broken fixtures and other hazards need to be cleaned up promptly. If the store or business owner does not attend to hazards promptly, they could be held responsible for your injuries.

Did the business repair a known problem correctly? If the location in question has had a known hazard, from a broken railing to overly hot water in the bathroom, has the owner truly made a good faith effort to repair it? Sticking a railing that people depend on for safety back into place with duct tape may make it look better, but it will still be incredibly treacherous to anyone visiting the location. A bad repair may make a slip or fall worse; if the repair is purely cosmetic and causes the location to look safe, a visitor will not notice the danger until it is too late.

The primary determining factor in a slip and fall case is liability – did the establishment do enough to recognize a danger and did they respond in a reasonable amount of time to correct that hazard.

If you’ve been injured in a fall at a place of business or other setting, a personal injury attorney can help sort out the details and ensure that you are being treated fairly. If the business or property owner is to blame, your attorney can also help pursue compensation for your injuries.

Talcum Powder Litigation: What you Need to Know About this Dangerous Product

Thu, 25 May 2023 19:28:45 GMT

Talcum Powder Litigation: What you Need to Know About this Dangerous Product

A landmark $72 million in damages is highlighting the dangers of a common health and beauty aid marketed to women and babies – talcum powder. The 2016 case is bringing national attention to Johnson and Johnson’s talcum powder product and the damages it could cause anyone using it.

The company was ordered to pay damages in the amount of $72 million to the family of a woman who contracted cancer and later died after using the product. Those still using this dangerous product are advised to seek medical treatment; while those who have experienced damages, or lost a loved one due to talcum powder use should seek the advice of a personal injury attorney.

What is Talcum Powder?

Talc is a naturally occurring mineral; it is crushed into a powder form to create a variety of products. Companies like Johnson & Johnson use it in cosmetic, personal care and beauty items. According to the American Cancer Society, women who use talcum powder in or around the genital region are at an increased risk of ovarian cancer. Ovarian cancer is particularly dangerous because it is very difficult to detect; in many cases, the cancer has a chance to grow and spread before the patient even realizes she has the disease.

Talcum Powder / Litigation

With warnings and studies ranging back to 1971 that pointed out the increased cancer risk, companies like Johnson & Johnson likely knew of the link but failed to add warning labels or caution customers. The clear link between ovarian cancer and talc has led to injury lawsuits across the country as women and families become aware of the harm caused by a seemingly benign product.

If you or someone you love has experienced ovarian cancer and used talc or talcum powder in the past, a personal injury attorney can help ensure you are treated fairly. Contact us to talk about your specific situation and to learn more about what to expect from the process; our evaluation is free and designed to help you get the assistance and insight you need.

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Uber Insurance Concerns

Thu, 25 May 2023 19:20:53 GMT

Uber Insurance Concerns

Are there insurance concerns with Uber ride-sharing? Yes, there is currently no Alabama law requiring ride-sharing drivers to carry insurance above and beyond traditional personal car insurance. There are issues to consider as the driver or a passenger in a ride-sharing arrangement.

Generally, personal car insurance will not cover a ride-share driver in the event of a wreck. Personal auto insurance policies typically exclude coverage when using a vehicle as a business service. If a ride-sharing driver has only their personal automobile insurance, he or she may be personally liable for damages caused. Ride-sharing drivers should check with their insurance company and/or their insurance agent to make sure they have coverage before taking on any passengers.

Similarly, if a passenger is involved in a wreck caused by the ride-sharing driver with only personal automobile insurance, the drivers insurance most likely will not cover you as the passenger. Uber typically provides coverage, but you want to do your research to be sure you are covered. Before you ride make sure there is coverage for you, if the driver negligently causes and accident. Additionally, you should check with your insurance agent to determine what type of coverage you have on your personal policy that may cover you if a wreck occurs. Be safe and educated on the risks of driving or riding with these cutting edge services.

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When to Call A Personal Injury Attorney

Thu, 25 May 2023 19:18:30 GMT

When to Call A Personal Injury Attorney

If you are injured in a car crash, as a result of medical malpractice of from the carelessness of a manufacturer of a product or retailer everyone you know tells you to hire an experienced personal injury attorney. If you press them as to why they think you need one, they usually will answer “to sue them.” But there are many reasons to seek a personal injury lawyer's help. These include:

A PI attorney has experience with your type of situation and will advise you as to whether your case is worth pursuing.
When you hire a PI attorney, his or her experience helps you clear through pain and/or grief for a loved one. Rather than making a bad decision in the realm of tragedy, a PI attorney can be your voice of reason by encouraging you to accept a settlement or continue to pursue your case.
PI lawyers do not collect a fee unless they win your case
The aftermath of a personal injury claim is filled with forms, depositions, medical records and more. A PI lawyer can help you navigate through it all.

Other reasons to hire a PI attorney include his or her investigative team, your attorney has experience working with opposition lawyers, has experience working with insurance companies, get you the best-negotiated settlement or a high jury award. Attorneys that special in PI usually handle personal injury / car accidents and more.

Small personal injury attorneys are well-equipped to handle your case and do so in a more personal and compassionate way than if you chose a large law firm where a partner takes your case but then your only contact with the firm is a junior associate.

If you or a loved one was injured or dies from a personal injury caused by someone else contact an experienced personal injury attorney as soon as you can - never sign any documents without the advice of a PI attorney.

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Why you Shouldn't Text and Drive

Thu, 25 May 2023 19:14:02 GMT

Why you Shouldn't Text and Drive

That quick text may not seem to take much time, but it takes your eyes off the road long enough to cause an accident. From the increased risk of accident to the difficulty that comes from trying to do too many things at once, here are just a few of the reasons texting and driving are dangerous.

Texting Increases your Accident Risk

When you send a text, you take your eyes off the road for a significant amount of time; even reading an incoming text is a distraction that could lead to a deadly accident. According to Car and Driver magazine, texting and driving is even more dangerous than drinking of doing drugs before getting behind the wheel.

Multitasking isn’t Easy

Most people overestimate their ability to focus on two things at once, so trying to follow a conversation, even via text while operating an automobile means you won’t do either task particularly well. Missing out on a phone call isn’t a big deal, but missing even a single moment while you are driving could easily cause an accident.

Potential Repercussions

In most states, texting and driving is against the law; even if you do not cause an accident, you could still be issued a ticket. Once you have that ticket in hand, your insurer will likely increase your car insurance premiums; you’re a known risk and an accident waiting to happen.

You Could Injure Someone You Love

If you have passengers in your car, you are risking not only your own own safety but the safety and wellbeing of any one in your car. Even if you drive alone, the other motorists around you and even pedestrians are not safe.

Avoiding texting while driving helps ensure that you and your passengers are safe and that you do not inadvertently cause an accident. No text, message or joke is worth the risk of car accidents or the harm that could potentially result.

car accidents / texting and driving

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Carpal Tunnel Syndrome And Car Crashes: An Unexpected And Devastating Injury

Thu, 25 May 2023 19:07:26 GMT

Carpal Tunnel Syndrome And Car Crashes: An Unexpected And Devastating Injury

Picture the horrific aftermath of a car accident. Which injuries would you expect victims to endure? If you're like most people, you imagine whiplash, skull fractures, or herniated discs. To an extent, those expectations are justified; a report from the Children's Hospital of Philadelphia indicates that car crashes are the leading cause of teenage deaths related to traumatic brain injury.

Unfortunately, because we tend to only look for head and spine injuries (or other major trauma such as broken bones) after an accident, we fail to notice seemingly small injuries that make a huge difference in our daily lives. A prime example? Carpal tunnel syndrome. Most people don't know that this injury can result directly from car accidents; they think of it as an overuse injury and therefore assume that it has developed over time. This misconception prevents many victims from obtaining the justice and monetary damages they deserve.

Below, we examine the science behind the surprisingly close relationship between car accidents and carpal tunnel syndrome. Read on to learn more about this devastating injury — and how you can secure justice.

What Is Carpal Tunnel Syndrome? What Are the Symptoms?

A common condition that impacts over eight million people each year, carpal tunnel syndrome (CTS) causes pain, numbness, or tingling in the hand and wrist. It results from the excessive compression of the median nerve — one of the chief nerves leading to the hand. The condition is named after a space in the wrist known as the carpal tunnel. This is where the median nerve and several tendons pass from your forearm to your hand.

Typically, the symptoms of carpal tunnel syndrome appear gradually. Sufferers may not seek treatment until several months after they've begun to experience symptoms. Tingling or numbness of the thumb, middle, and index fingers typically occur first, but may not last more than a few moments in the early stages of the condition. Typically, these sensations will not target the pinky finger — or at least, not at first.

Over time, tingling associated with carpal tunnel syndrome becomes more frequent and may travel beyond the fingers to include the wrist and forearm. This may eventually make it difficult to complete daily tasks such as typing, driving, or grasping objects.

Other common symptoms of carpal tunnel syndrome include:

Weakness of the hand
Dropping objects
Pain and discomfort in the palm of the hand and the wrist
The sensation of swelling, even if no swelling actually occurs
Constantly feeling the need to 'shake out' the wrist or hand
Difficulty sleeping

Patients who wait too long to seek treatment may suffer permanent damage to nerves or muscles impacted by carpal tunnel syndrome.

Car Wrecks and Carpal Tunnel Syndrome: What the Science Says

While most studies involving car accident injuries focus on typical head and spine trauma, a growing body of research delves into the impact car accidents can have on the nerves and tendons of the hand and wrist. From bone fractures to shearing injuries, it's increasingly clear that a variety of acute injuries suffered during car wrecks can ultimately lead to carpal tunnel syndrome. A few of the most compelling studies about blunt trauma and carpal tunnel syndrome are highlighted below:

Carpal Tunnel Versus Trigger Finger

A study published in the Archives of Physical Medicine and Rehabilitation revealed that some patients suffering neck pain following car accidents also suffered carpal tunnel or trigger finger. These conditions are frequently seen in the same patients; both injuries prompt pain, stiffness, and limited mobility. Researchers involved in the study theorize that both trigger finger and carpal tunnel can occur in response to car crash victims tightly grasping the steering wheel as they attempt to swerve or brace for impact.

As the causes of acute carpal tunnel syndrome (and associated disorders) become clear, patients enjoy greater potential for recovering personal injury damages. This is wonderful news for car crash victims, who can suffer greatly following wrist injuries. Not only does carpal tunnel syndrome require extensive rehabilitation, it can lead to significant loss of income for those unable to complete fine motor tasks at work. A greater understanding of carpal tunnel syndrome and its origins can lead to quicker diagnosis and more substantial personal injury damages.

Do you suspect that your carpal tunnel syndrome was caused by a negligent driver? You deserve justice. Contact us today to learn more about our approach to personal injury and how we can help you hold negligent drivers accountable.

Sources

https://www.forbes.com/sites/jimgorzelany/2012/04/02/forget-football-car-crashes-are-the-leading-cause-of-fatal-head-trauma-among-teens/#ee955c170bd2
https://www.ninds.nih.gov/Disorders/Patient-Caregiver-Education/Fact-Sheets/Carpal-Tunnel-Syndrome-Fact-Sheet#3049_3
https://www.sciencedaily.com/releases/2006/11/061109153942.htm
https://www.webmd.com/g00/pain-management/carpal-tunnel/carpal-tunnel-syndrome?i10c.encReferrer=aHR0cHM6Ly93d3cuZ29vZ2xlLmNvbS8%3D&i10c.ua=1&i10c.dv=14

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The Accident Wasn't My Fault -- Do I Still Need a Car Accident Lawyer?

Thu, 25 May 2023 18:57:43 GMT

The Accident Wasn't My Fault -- Do I Still Need a Car Accident Lawyer?

You do not have to hire a car accident attorney after a wreck, but in many cases doing so can help you get the compensation you deserve and eliminate some of the stress associated with a collision. Learning more about the tasks handled by a car accident attorney can help you determine if you need legal assistance.

An Attorney Can Help File a Claim

Insurance claims are not automatic, you need to file with the at-fault party’s insurance company or your own to be compensated. If the other driver is not insured and you have uninsured/under-insured motorist coverage, you’ll need to file with your own insurer. While claims that are clearly the fault of one driver are supposed to be handled swiftly and efficiency, a claim delay can occur. If you have a lawyer on your side, your claim is far more likely to be taken seriously from day one.

Protect your Status as the Injured Party

The other driver’s insurance company will want to interview – and may use anything you say to weaken your claim or even deny entirely. Working with an attorney ensures you are properly represented and that you don’t risk being blamed for part of or all the accident.

Determine your Damages

You’re injured, unsettled and still in a little shock after the car accident. This is not the time to try to figure out your total damages – and the insurance company knows it. Your total amount of fair compensation is not just the estimate you are provided with to repair your vehicle and a few medical bills. An attorney can walk you through each facet of your damages and ensure you were offered the correct amount. Any settlement should consider:

Current and future medical costs: You know what the hospital is charging you today, but what if your injury requires rehabilitation or surgery later?

Lost time at work: You could be missing out on a paycheck through no fault of your own; payment for missing wages should be considered after an accident.

Reduced ability to earn an income: If the injuries from your accident left you unable to perform your job duties, either immediately or long term, you should be compensated.

Pain and suffering: An accident, particularly one with injuries or fatalities can have a lasting impression on your physical and mental health. Compensation for what you must deal with as a result of someone else's actions should be considered.

Punitive damages: If the accident was caused by road rage or reckless behavior by the other party, you could be eligible for punitive damages as well.

You won’t know if an offered settlement is fair or if you are going to be stuck without compensation for some of your care and needs unless you speak with an attorney. A settlement that includes thousands of dollars may sound great until the medical bills start pouring in, or you discover you can no longer do your job. Working with an attorney from the start prevents this unfortunate and all too common scenario.

The claims process after a car accident can be drawn out and frustrating; most people only have to go through this once, so they often don’t even know where to begin. There are some instances that absolutely require the help of a car accident lawyer; if any of the below scenarios applies to you, it is time to call for help.

5 Times you Might Need an Attorney After an Accident

You didn’t cause the collision, but you still may need legal assistance to protect yourself and your financial future. These are the most common reasons you might need an attorney after an accident:

You or a loved one was injured: If you have injuries, you may not know the full extent of the damage for a while. An attorney can help ensure you are treated fairly and that you don’t end up being held responsible for high medical bills. Injuries to the head, back and neck may not be readily apparent but could mean long term medical care is needed.

You’ve been offered a settlement: A fast settlement may sound like you are getting everything resolved quickly, but it may be a low offer that does not cover the full extent of your injuries and damages. Never agree to a settlement, particularly one offered in a hurry, without speaking to an attorney first.

You don’t know what to do next: If you are not to blame, you’ll need to file a claim with the other party’s insurer – or your own. If you are not sure of your next steps or don’t know what to do about your injuries and damages, a free consultation with a car accident attorney can help clarify things.

The other driver is claiming the accident was your fault: Once the initial shock wears off and the other party realizes what they’ve done and how their own insurance will be impacted, they may try to make you look like the one to blame. If there is any question at all, or the other party claims you did something wrong, you need a car accident lawyer to protect your interests.

Your claim was delayed or denied: Everyone agrees you were not to blame – so why was your claim denied? Insurers deny claims for a wide range of reasons, and if you have received a claim denial or are experiencing a claim delay, an attorney can help.

Feeling unsettled, upset and unsure of what to do is common after an accident; working with a personal injury attorney can take some of the burden off you and allow you to recover and focus on what matters most, moving forward. If you've been injured in a car accident that was not your fault, don't delay, get in touch right away to protect yourself and your loved ones.

What is a Safe Distance Between Cars While Driving?

Thu, 25 May 2023 18:46:31 GMT

What is a Safe Distance Between Cars While Driving?

Driving on the road is something that cannot be avoided in Alabama if you want to be able to get around. However, driving comes with its own hazards that drivers need to be aware of. One of the most common types of crashes is one where one vehicle collides with another. According to the Alabama Department of Transportation, 71.8% of all crashes in 2017 fell under this accident category. This is a large portion of accidents and while you cannot avoid all crashes, you can take one simple and specific step to lessen the likelihood of an accident. That one thing is leaving a safe distance between cars while driving.

More Space Allows for More Stopping Time

The main reason why leaving more space between your car and the car in front of you is that is allows for more stopping time. You cannot control what another driver is going to do but you can control what you can do in your own vehicle. In order to give yourself as much time to react when something does not go as it should or there is a sudden change in what the car in front of you is doing, is to give yourself more space to react. More space between cars means you get more stopping time. If you do not give yourself enough space and you are right behind a vehicle and they suddenly stop, you will more than likely run right into the back of them. The lack of space between cars means you did not leave yourself with extra time to stop your own vehicle. The more room you have, the more likely you are to stop before you hit a vehicle in front of you.

What Does a Safe Distance Look Like?

There is not a quick rule of thumb that is universal no matter what the driving conditions are. However, that does not mean that you do not have a reliable way to determine how much space that you should leave between your car and the car in front of you. As a rule of thumb, you should leave more space when you are driving faster, and you should also leave more space when the conditions are not good for driving. For example, when it is raining or snowing outside, you should leave more space in front of you than you normally would in sunny and dry conditions. An easy way to measure how much space you should leave in front of you is by car lengths. You will hear a lot of people talk about how many car lengths they should leave in front of them.

While you cannot exactly measure this out, you can estimate this while driving so you can keep at a safe distance. Some commonly used measurements, provided by SafeLite, when driving at a speed of 55 miles per hour include:

Keep 16 car lengths between you and another car
Keep 20 car lengths between you and a semi-truck
Keep 33 car lengths between you and an emergency vehicle
Keep 4 car lengths between you and a farm tractor (since they travel at a maximum speed of 25 miles per hour)
Keep 5 car lengths between you and a snow plow (since they travel at a maximum speed of 55 miles per hour)

While you are unlikely to see many snow plows in Alabama, it is a good reference point for other automobiles you may find on the road.

Why Many People Follow the "Two-Second" Rule

The above section provides a lot of helpful information if you are driving at a speed of 55 miles per hour. However, you will be traveling at different speeds on different roads and in different conditions. Because of this, it is good to know how to generally estimate how much space you need to leave. An easy trick is the "two second" rule. With this rule, the idea is that you are traveling two seconds behind the vehicle in front of you. When there is inclement weather, you may want to add in a buffer and use the "three second" rule instead. One thing to note is that this is not a guideline to provide a safe driving distance but instead it will give you the time to react, so you can brake and avoid rear-end accidents. The more time you have allotted for this, the more distance should be between your car and the car in front. This is a great general rule as it can be applied to any speed, any condition, or any road. You can change the amount of space based on your speed because the faster you go, the more space you will need to come to a complete stop. You can use this general rule to make an educated decision on the distance between you and the car in front, no matter where you are driving or what is happening outside.

When in Doubt, Leave More Space

These simple tips can help you better determine how much space to leave in order to be safer on the road for yourself and for others. When in doubt, it is always better to leave more space. You can only anticipate what your car or other cars will do in an unfortunate situation, so it is important to be evaluating everything as you are driving in order to be safe and avoid accidents. Things can change in an instant and you need to be alert and ready to react. While leaving more space may agitate impatient drivers who are not paying attention to what is happening around them, you will have peace of mind knowing that you are leaving yourself plenty of space to brake in time. If you happen to be in a situation that leads you to want to be more careful, such as suspicion of a drunk driver weaving in and out of the lane in front of you, that is the perfect time to leave additional space because it is always better to be safe than sorry. Use the "two second" rule to give you your baseline and then determine from there if you should leave even more space - you will thank yourself for this later.

You should always leave plenty of space no matter the circumstances. However, unfortunately sometimes accidents are unavoidable. If you do happen to get into an accident - whether you are driving too close to someone or there is someone too close to you - after you call your insurance company, be sure to contact us. If you are injured in the accident, you may have a case and we would love to help guide you through the often complicated and overwhelming process.

Should You Hire a Lawyer for a Traffic Ticket?

Thu, 25 May 2023 18:35:27 GMT

Should You Hire a Lawyer for a Traffic Ticket?

It’s often frustrating and happens at the most inconvenient times, but the reality is that nearly everybody receives some form of traffic ticket at a stage in their life. Tickets are expensive, a nuisance and can cause more stress than is necessary when the individual chooses to contest the traffic ticket themselves in court.

The results from representing yourself in court can often end up worse, as a driver may unintentionally harm their case. The driver may be unfamiliar with what details are most important to present and therefore focus on insignificant aspects. It is also not uncommon for the driver to present a version of events in a disorganized fashion. This is why when choosing to contest a traffic ticket, engaging a professional is usually the better option.

An attorney can present and argue your case in an objective manner, which may result in a lower fine - making a big difference in the amount you need to pay. An attorney may even be able to get the case dismissed and the ticket thrown out which helps keep your insurance rates at the same level and avoids needing to attend traffic school, among other penalties.

According to Statistic Brain, 41 million people receive speeding tickets annually and $6 billion is paid out in speeding tickets each year. There are many violations above and beyond speeding, all varying in severity. You do not always need a traffic lawyer to represent you to fight a traffic ticket, but it is often beneficial, especially if you are uncertain about the situation and the proceedings. For very serious traffic violations an attorney should always be engaged to help you present your case and obtain the best result possible.

Below are our key reasons as to why a lawyer is beneficial, regardless of the traffic violation:

Ability to Dismiss or Lower Ticket Penalties

Often, you might be in a different city for business or vacation when you encounter the unfortunate experience of receiving a traffic ticket. By hiring a local lawyer, they are usually authorized to make a court appearance on your behalf. This saves you time and further repercussions if you are unable to get back to the location where the offence occurred. Furthermore, a lawyer will present a well-organized defense on your behalf - one that is likely to be much more effective than what the driver could present on their own.

An Attorney can Often Make a Court Appearance on Your Behalf

Offers Professional Advice

Above all, a lawyer is a professional, with extensive knowledge of the law and traffic laws. They know the situation and likely outcomes better than anybody as it is their job to do so. You might be able to get advice from friends or family, but no advice is going to be as helpful or accurate as that from a lawyer. An attorney pays attention to the unique details of your situation, goes through the course of events with you and helps you make the most informed decision possible. A lawyer will listen to the facts before analyzing your legal position. Regardless of the traffic violation, when you go through all of these details with an attorney, they have the ability to determine your legal position and provide guidance on how to proceed with contesting the traffic ticket.

It’s Probably Less Expensive Than You Think

When people think of the term “lawyer”, they assume there are significant financial ties related to the service. This is not always the case. Traffic ticket cases take up much less time than more severe cases, meaning that lawyer rates for this type of offence are often quite reasonable. There would be no point hiring a lawyer if the costs were going to exceed what your traffic ticket is - which is why lawyers make it more affordable. The cost of hiring an attorney is likely worth it if your fine is heavily lowered or dismissed altogether. You will be out of pocket less than what you initially thought you would be.

Don’t risk fighting your traffic violation on your own as the end result might become even worse than what you began with. Hiring a lawyer to help you take the appropriate steps to present your case in court is the best possible option, giving you a greater chance of lowering the ticket penalty or dismissing it completely. It is never anybody’s intention to violate a traffic law but sometimes there are circumstances beyond our control that may lead us into legal trouble. At Barfoot & Schoettker we want our clients to be involved in the decision making process and to have a full understanding of how the law affects their case. We vow to act quickly and with care in resolving your violation before it garners a larger negative impact on your life. Contact us today via our online form or call (334) 834-3444 to discuss your situation and see how we can help you.

4 Steps to Finding the Right Attorney For You

Thu, 25 May 2023 18:28:01 GMT

4 Steps to Finding the Right Attorney For You

Finding a lawyer that is the right choice for your specific needs is arguably the most important step before embarking on any legal process. Whether you’re fighting a DUI, starting a new business or addressing a personal injury claim, you need a trustworthy, experienced and passionate attorney to handle your legal matter and obtain the best result possible for you.

You need to be prepared to take time, conduct research and thoroughly consider your options before you select a lawyer for your specific case. Selecting the right lawyer from the overwhelming amount available can be difficult. The best place to start is to ask yourself what you want to achieve by hiring a lawyer and what your end goal is. Standing up for your rights, defending you or simply helping you - the nature of the situation can help you choose someone most appropriate.

Here are some of our key tips to consider while you go through the process of finding the right attorney:

1. Identify and Select a Specialist Based on Your Legal Issue

As a starting place, review the issue. Do you need an attorney regardless or are you wanting to hire one to reach a specific outcome? Consider what type of resolution you are seeking from the legal proceedings before making any quick decisions. Next, understand that law is a field that has many specialties and subspecialties within it. Before you can accurately determine the best attorney for your needs, you need to understand what your legal issue entails and select one based on their capabilities. There is no point asking a general corporate lawyer to handle a personal injury case as it will put you at risk of an unfavorable result. A lawyer that specializes in a certain area allows them to keep up-to-date and familiar with all the latest developments and legal nuances applicable to the problem. This type of knowledge is essential and may directly correlate to the outcome of your case.

2. Make Sure the Attorney has Relevant Experience

There is no issue “shopping around” when you are looking to hire an attorney as many will vary in skill sets and fee rates. It’s advantageous to select a lawyer that “specializes” in an area, but what good is a specialist if they lack actual experience in the field? Every lawyer has a different skill set that comes with the experience they have developed, and different lawyers may offer you different advantages. It is important to determine what type of skills and experience are vital to achieve your goal.

Ask the attorney what experience they have and ask them to provide examples of similar cases they have worked. It is important to get a good understanding of what the attorney can offer you and learn how they will address your specific legal matter. This also gives you peace of mind knowing that the attorney has been on similar cases before and will work tirelessly to serve you.

3. Communicate and Set Clear Expectations

When deciding which lawyer to hire, you should state your expectations early to ensure that everyone is on the same page. You might select a lawyer from a large firm who doesn’t really offer a personal experience, or you may choose a small firm who will be dedicated to serving you and communicate with you throughout the entire process. Both are possibilities but both will provide very different experiences for the client. You should feel 100% comfortable with your attorney-client relationship so ask all questions that matter to you - Who will be working on my case? What will be our means of communication? What are your values? Your attorney should display a dedicated passion to protect your interests. The best attorneys take ownership in your problem and devote themselves to finding winning solutions.

4. Trust Your Instincts

Above all, the emotion innate to us, is intuition. We possess the capacity to feel, and therefore the ability to know things without consciously reasoning. This is why you should conduct research and follow the above criteria but still ensure you select a lawyer that feels right and that you feel you can work with. It quickly becomes disheartening if you select a lawyer that you don’t have a good rapport with and they aren’t sufficiently addressing legal requirements. If you don’t feel comfortable confiding in your attorney and disclosing information, it is likely a strong indication that that lawyer may be the wrong choice for you.

Experience levels become redundant if you cannot work with their personality or you have differentiating values. This will ultimately affect you achieving your end goal. Use your own intuition to determine whether the lawyer you are considering will be a good match for you. The "gut feeling" is real, and we use it all the time. So make sure you have a good feeling about the lawyer you want to hire and feel comfortable with them to ensure the process is a positive experience.

Much of finding the right attorney for your needs calls for you to do research and devote time into finding the right person, who is going to work tirelessly for you. The energy you exert into finding the right lawyer to work with will ultimately be reflected throughout your case and hopefully provide you with the best outcome possible. It’s definitely important to note any red flags, such as poor communication, negligence in answering questions and a lack of experience or professionalism. At Barfoot & Schoettker we pride ourselves on personal service, honesty and integrity, and aggressive representation to those we serve. We believe in open and honest communication with our clients and we would love to discuss how we can help you. Contact us today via our online form or call (334) 834-3444

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When Do You Need a Lawyer? A Checklist.

Thu, 25 May 2023 18:18:50 GMT

When Do You Need a Lawyer? A Checklist.

There are situations when you know that you certainly need to hire a lawyer, such as a complex divorce or criminal charges. Then, there are times when it can be uncertain as to whether you need to hire a lawyer. This can be a confusing and stressful situation. It is essential to make sure you are in the best hands possible when dealing with legal matters. At Barfoot & Schoettker, we want to help guide you through the complex legal landscape and consider whether hiring a lawyer is the appropriate action for you.

Understanding the basics of law

Civil - Civil law covers legal issues between individuals and organizations in which compensation is awarded to the victim. Civil law does not include situations of criminal activity or lawbreaking. An example of a civil law case would be property disputes or a breach of contract.

Criminal - Criminal law deals with crime and punishment. When individuals or organizations break local, state or federal government laws, the cases are covered in criminal court. Examples of cases that would be classified as criminal law are assault, theft and drunk driving.

Define your problem and decide if an attorney is necessary

How serious is my legal issue? You may find yourself in a situation where hiring a lawyer might not be your first step. For example, this would be the case if you are unhappy with a company's service or treatment. The first step in this situation would likely be to contact the customer service department of the company. If they are unable to resolve your concerns, the next step would be to seek legal advice from an attorney.

However, if you find yourself facing the legal system for any reason, the best policy is usually to at least consult with an attorney to see whether their expertise is needed. A good lawyer will give you the right advice and let you know if your situation is likely to need a lawyer or if it is not really going to make any difference to your outcome. Don’t delay speaking to a lawyer or engaging a lawyer if you decide it’s necessary. By delaying you might compromise the attorney’s ability to do their job to the best of their ability and this could implicate your outcome.

Is a lawyer going to benefit you/your situation?

A lawyer understands the law inside and out. The Bureau of Labor Statistics says, “Becoming a lawyer usually takes 7 years of full-time study after high school—4 years of undergraduate study, followed by 3 years of law school.” There are also a number of admissions tests and licensing exams, or “bar exams,” required to become certified to practice law. This schooling, exams and outside experience require lawyers to be experts in their field.

If unsure, it is always best to consult with a lawyer regarding the law. They will provide you with guidance and expertise that, if you are not a lawyer, you do not possess. If you have a situation that does require a lawyer, it is likely they will have the experience, knowledge and be able to present your case in a more favorable light than what you could. This will result in you being able to get the best result possible from your situation.

Key situations to consider hiring an attorney

We most commonly think of hiring a lawyer when going through a difficult divorce, being charged with a crime or when setting up a will. Apart from these commonly known situations, here are some other situations where you may require an attorney:

DUI

A DUI is an extremely serious crime. If you have been charged with a DUI, you may be facing time in prison, loss of driving license, fines, or all three. A lawyer will help you lessen the consequences by meeting with the prosecutor. If you do not have a lawyer in court for a DUI, you will be more likely to leave with the maximum charges.

Traffic Tickets

Traffic tickets do not only include speeding, they also include not wearing a seat belt, driving without insurance, failing to stop at a stop sign or red light, making an illegal U-turn, warrants for unpaid tickets and many other traffic violations. While traffic tickets might seem like a small issue, sometimes it is easier to have an attorney go on your behalf. Read more about how we can assist you with your traffic ticket here.

Business startups

While exciting, there are multiple legal requirements and hurdles to go through when starting your own business. You will want a lawyer to help you navigate through the steps of beginning and protecting your business startup.

Medical malpractice

Whether a mistake is made during surgery, a nurse administers the wrong medication or conditions such as cancer are failed to be diagnosed, it is essential to have a lawyer on your side. Medical bills are expensive and you deserve compensation for medical malpractice.

Car accident with an injury

According to the Association for Safe International Road Travel, 2.3 million people in the US are injured or disabled in car accidents every year. If the accident was not your fault and you were injured, the other party’s insurance will want to settle your claim quickly to avoid anything other than standard charges. Many individuals do not know car accident and injury laws and compensation rates, but an attorney will. Talk to your attorney first before settling your claim.

At Barfoot & Schoettker, we have dedicated ourselves exclusively to civil and criminal litigation. This has allowed us to develop a high level of expertise in these two important areas of the law. If you are going through any of these situations or other legal matters, contact us today at (334) 834-3444 - we would like to get to know you and learn about your situation.

5 Tips When Contesting a Traffic Ticket

Thu, 25 May 2023 18:08:46 GMT

5 Tips When Contesting a Traffic Ticket

Traffic tickets are one of the most common offenses given by officers. In fact, according to an article from USA Today, over 125,000 people receive a traffic violation in the United States daily. Since traffic offenses happen so often, most people just pay the fine and go on their way. What they don’t know, is that paying the violation fine is technically an admission of guilt in a court-of-law. Multiple violations can even lead to license suspension.

If one does decide to contest their traffic tickets, they can do so by appearing in front of court on the date and location specified on the violation receipt. Most of the time, by attending your trial at court, one might have a reduced fine or even acquitted by the judge.

Deciding to go to court instead of paying the expensive traffic fine? Check out these 5 tips.

1. Hire a Lawyer

Hiring a lawyer is the best thing you can do for your case. You may think traffic court cases are simple. The truth is, they can get very complicated. Unexpected things happen often, therefore, it is wise to hire an attorney with experience to assist in contesting your traffic ticket.

Hiring a traffic attorney is probably not as expensive as you think and it is worth it to have the experience necessary to fight your ticket. With a lawyer, you will be much more likely to have your fine and associated consequences reduced or dismissed completely.

2. Be Prepared

During the trial, the government will try to prove that you committed a traffic offense. The evidence they will have is usually either the officer’s testimony or physical evidence such as a red light video.

You will have the opportunity to fight this and present your own evidence in court. Be prepared to testify or bring photos or videos to support your claim. You, or preferably your lawyer who has the necessary experience, can also cross-examine the officer to possibly find a weakness in their case.

“If there’s a reason you think you shouldn’t have the ticket – you didn’t actually commit the violation, or the equipment used was faulty – bring any proof that you have to support that to court. Keep everything in an organized form, such as a file folder. Try to remember even seemingly unimportant details, such as what you wore that day. The prosecution will sometimes ask for all kinds of strange details, and the more information you have, the more easily you can prove that you’re in the right,” The USA Today said.

3. Be Respectful

Respect is a crucial part of your case. Not only do you need to be respectful to the judge, but you also need to be respectful to the receptionist and security officer. Word can travel, especially in small courts, on how you have treated every employee.

You want to make a good impression on the judge for the sake of your case. You are asking them to listen to your side and they will be more inclined to do so if you are courteous and respectful.

4. Dress Appropriately

It is better to be overdressed than under-dressed.

While a suit may not be completely necessary, business casual attire is. The clothing you wear will impact the judge’s impression of you. A well-dressed person will be taken more seriously and be more likely than a poorly dressed person to have a reduced fine or no fine at all.

According to the USA Today, “Court is a formal affair, and judges want to be shown respect. Wearing your best business attire makes it more likely that they will give your case the right kind of attention.”

5. Be on Time

Just like how the way you dress can impact the verdict, tardiness can do the same. To help you be on time if you aren’t the most punctual person, remember that early is on time, and on time is late.

However, a good way to avoid being late is to hire a lawyer. In most cases, they can attend court on your behalf. This is also especially helpful if you live interstate, have work, children or other important things you can’t or don't want to miss.

What to Expect

Appearing in front of a jury and a judge court can be overwhelming. Being fully prepared can help your case exponentially. The date, time and location of your appearance can be found on the traffic citation given to you by the officer that pulled you over.

Having a lawyer that understands courtroom jargon and knows how to fight for your case is necessary for absolving the offense from your driving record. Oftentimes, a lawyer is the only one involved in conversation with the judge. Knowing this should give you confidence when in the courtroom.

Hiring a lawyer can save you time from having to attend driving school, in some cases the lawyer can attend court on your behalf and your attendance can be waived. A lawyer can save you money by helping reduce your citation fine with the court and stop your insurance rates from skyrocketing by absolving the violation from your record entirely.

At Barfoot and Schoettker, we assist a lot of drivers in contesting their traffic tickets. Contact us today at (334) 834-3444 for legal help with traffic tickets or other legal matters.

A Guide to Personal Injury Terms You Will Need to Understand for Your Case

Thu, 25 May 2023 17:55:54 GMT

A Guide to Personal Injury Terms You Will Need to Understand for Your Case

Are you about to go through a personal injury case and don’t know what to expect? Knowing common personal injury terms is a vital way to help you better understand your case, the process and the outcomes that eventuate. While each personal injury case often differs in many ways, there are several terms that will be commonly used, regardless of the type of injury - for example: a workplace accident, motor vehicle accident or other negligent acts.

There is nothing more overwhelming than being in court and not understanding what is happening or what is being said about your own case. This is a stress that can be lowered by being familiar with important terms and by working with an experienced lawyer who guides you through the entire process. At Barfoot & Schoettker, we specialize in personal injury cases. Our attorneys can level the playing field in the court and throughout the claim process with our knowledge of the law. We also work with your doctors to get the most from your claim and talk to the insurance companies so that you can focus on what matters most - your well being.

At Barfoot & Schoettker, we want to help familiarize you with the terminology that will likely be used in your case. According to Halt.org, “Knowing these terms will surely help you understand your situation and possibilities better and to communicate with a legal consultant effectively.”

What Constitutes as Personal Injury?

Personal injury is the legal term for damage to the body, as well as to the mind and emotions that someone else might be legally responsible for. Personal injury cases are different because they do not involve damage to property. These damages to the body, mind and emotions can either be due to negligent or intentional acts.

The most common kind of personal injury cases involve car accidents. According to the Bureau of Justice Statistics, car accidents make up 52% of all personal injury cases. Other common cases include slip and falls, medical malpractice and assault claims.

You do not want to fight a large insurance company on your own. An experienced lawyer possesses the appropriate knowledge to be able to present your case in a favorable light. By doing this, you will have a better chance of receiving the compensation you deserve.

Basic Lawsuit Terms

Plaintiff: The plaintiff is the person or party that brings the lawsuit before the court. The plaintiff is the person who is seeking legal remedies from the court. In a personal injury case, they will be seeking recovery of losses from the defendant.

Defendant: The defendant is the accused party and is allegedly liable for the injury of the plaintiff. A defendant can be several different parties, such as an individual, company, organization or a combination of these.

Complaint: The complaint is the document that is first submitted by the lawyer in a personal injury case. It is a formal claim for the awarded damages the plaintiff is seeking.

Answer: Once the complaint is filed by the lawyer, the defendant will then file an answer. An answer addresses the allegations made by the plaintiff and responds for what they believe they are liable or not liable for, and for which portion of the damages they believe they are liable for, if any.

Damages: The money received from the personal injury case is called damages. Damages are primarily filed into two categories, economic and non-economic damages. Economic damages are those awarded for actual, quantifiable damages such as medical expenses and wage loss. Non-economic damages are not quantifiable. They are classified as pain and suffering, inconvenience, physical impairment or other injuries that cannot be counted monetarily.

Other Important Terms to Know

Statute of Limitations: This is the time period, set in law, in which one is allowed to file a damage claim. Personal injury cases commonly have a statute of limitations of two to three years. Other cases can vary from one year up to ten years or more.

Tort: A tort can be defined as a wrongful act that is not a crime which results in a lawsuit. A personal injury case is a tort. A tort defines the grounds for a lawsuit in which the plaintiff is seeking damages.

Burden of Proof: This is the plaintiff’s obligation to prove that his or her allegations are true or most likely true in order to recover damages. In a personal injury case, the plaintiff will usually provide evidence that the defendant caused the plaintiff’s injuries. The plaintiff will need to prove that the defendant was more than 50% at fault in order to recover damages.

As you can see, personal injury cases can be complicated and confusing. We hope the terms above will help you feel more confident as you move through your personal injury case with your lawyer. If you are unsure whether you should call an attorney for your personal injury case, keep in mind that engaging an experienced lawyer is always best. Even if you are familiar with the basic terms that will be used in your case, lawyers specialize in the law and the average individual, usually does not. The wealth of knowledge about personal injury law that an attorney can bring to the table will help you win your case and be compensated as you deserve.

At Barfoot & Schoettker, we have an excellent team that specializes in personal injury and we are ready to help you fight your case. Learn more here about our personal injury services or contact us today at (334) 834-3444.

Here are some links to related information

Steps to Take After You Have Been in a Car Accident

Thu, 25 May 2023 17:48:58 GMT

Steps to Take After You Have Been in a Car Accident

Car accidents are an unfortunate and often traumatic experience. You may not be thinking clearly after an accident happens due to adrenaline and fear. However, when you get into a car accident there are some very important steps that need to be taken to ensure that each party involved is safe and that your insurance claim is secure.

At Barfoot & Schoettker, we want to be sure that in the unfortunate event of an accident, you are protected and that you follow the right steps to obtain the insurance claim you deserve.

Here is our list to help guide you through the process following a car accident, so you are a bit more familiar, should one ever occur:

Stop

Always stop if you are involved in any sort of accident. Even if you do not think the accident caused any damage, any time you collide with something it is your legal obligation to stop. Driving away from the scene without stopping is illegal and unethical, especially if there was another car or property involved.

After you have stopped, check yourself and your passengers for injuries. If there was another vehicle involved in the accident, check the driver and passengers in the other vehicle to make sure they are okay. Aside from your immediate well-being, if you plan on filing a claim for injuries, personal injury law can often be complicated, so be sure to take note of any injuries right away so you can discuss these with a lawyer when you hire one.

You must also be sure to turn on your emergency blinkers to notify other drivers of a road disturbance. This is an important step to help prevent other accidents from occurring.

Contact the police

After you have stopped your vehicle and checked yourself and others for injuries, it’s time to call 911. Regardless of the type of accident - wasn’t your fault, a minor fender-bender or a major collision - you still need to make sure that there is a legal accident report. The responding officers will come to the scene to fill out a report and document the scene. They will also help with directing cars safely around the accident if it is holding up traffic and creating more dangers.

It is also important to contact the police as your insurance company will most likely ask for a copy of the accident report if you file a claim. This will aid in the claims process and make sure that you get the compensation you deserve and are protected from the other party.

Limit talking with the other party

After you have had an accident, you will be emotional, scared and even regretful. However, it is important to limit your conversation to only speaking to the police, insurance companies and doctors about the accident. The other driver could use the words said during an emotional time against you in a claim which may be detrimental.

Take pictures

Although the police will document the scene and file their report, it is important that you take your own pictures of the accident. Be sure to get all sides and angles of your car and, if another car is involved, the other party’s car.

If you collide with a pole, curb, building or any other thing, you should still take pictures of the damage you caused to it. This will ensure that you have proof of the damage you have done so that you cannot be held responsible for exaggerated damages.

Get the facts

The conditions that you were driving under are important for your insurance claim. They will ask you what the weather was like, if you were listening to the radio and how loud, if you were distracted by your cell phone and if you could have avoided the accident by changing lanes or driving in the median. It is important to remember or write down these details because it may take days for the insurance company to call and ask you about your accident.

If you are involved in an accident with another car, it is extremely important to write down the following details of the other person:

Notify your insurer and begin the claims process

Call your insurance company as soon as possible. It can be even more beneficial to call them while you are still on the scene so that they can tell you exactly what information they need for your claim. A police officer at the scene will also be able to speak with your insurance company. Often they will give more accurate information as you might be feeling distressed after the accident.

If unsure, engage a lawyer

Car accidents can quickly become overwhelming and confusing. That being said, it is always best to consult with an attorney after any car accident, no matter how big or small, whether it is your fault or the other driver’s fault.

Having a seasoned, knowledgeable lawyer on your side is going to make the claims process immensely easier. Lawyers can deal with the insurance companies for you and help you present your case in the right manner. They will be able to handle your case professionally and in turn, you will be able to get the claim that you deserve after a stressful and potentially traumatic experience.

Car accidents happen too frequently. According to Driver Knowledge, over six million car accidents happen every year in the U.S. alone. That’s over 16,400 a day. Therefore, it is important to be aware of how to safely and lawfully deal with the aftermath of a car accident.

If you need help dealing with your insurance company or the other party’s insurance company, we, at Barfoot & Schoettker want to help makes things right. Contact us today at (334) 834-3444 for legal help with car accidents, insurance claims or other legal matters.

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What Should I Do if I’ve Been Charged with a DUI?

Thu, 25 May 2023 17:40:07 GMT

What Should I Do if I’ve Been Charged with a DUI?

Driving under the influence (DUI) is the offense of driving or operating a motor vehicle while affected by alcohol or other drugs (including recreational drugs or those prescribed by physicians), to a level that deems the driver unable to control a vehicle safely. Driving under the influence is considered a crime in every state due to the dangers it can pose on both the driver and others on the road.

Because it is deemed a crime, DUI cases are handled in criminal court. All individuals charged with a DUI have the right to represent themselves, however most defendants hire a lawyer to ensure they get the best outcome possible.

According to USA Today, each year about 1.5 million Americans get arrested for a DUI. That is a significant number of people - so if you find yourself among this population for the first time, it is important to make sure the worry and stress you are experiencing doesn’t affect the steps you take following the incident. What you do as you are being charged with a DUI is pivotal to your case and can affect the outcome. At Barfoot & Schoettker we are here to help navigate you through the daunting process and make sure you obtain everything you need to help plead your case to a judge. Below are our essential steps to take after your DUI offense:

Write Down All Details

Find Witnesses

Witnesses are important. They can testify on your behalf in court. Witnesses can come to court willingly on your behalf or be compelled to testify by subpoena. This strengthens your defense and can have a big impact on your case. You should note down names and details for any witnesses - those in your vehicle with you, or any family and friends that saw you shortly before, or right after the incident. Witnesses have the ability to testify about how the situation unfolded if they were present, or vouch for you if they did not believe you were intoxicated.

Hire A Lawyer

Going to court without a lawyer is not advised in a DUI case, ever. You need a lawyer in order to have the best chance of winning the case or avoiding penalties, even for a first offense. Many lawyers are specialists in this field and have the expertise and knowledge to be able to present your case professionally, negotiate where appropriate and understand the system better than someone representing themselves.

Many people hesitate to hire an attorney as they fear they can’t afford the costs associated. But driving under the influence is a criminal charge that has serious ramifications and costs should you be convicted. It is not worth taking the risk of having a criminal record and suffering all the long term repercussions - hiring a lawyer is worth the investment.

A DUI arrest is something to be taken very seriously given the significant consequences that are associated with the offense. The facts and nature of the incident will ultimately affect the final outcome for your case but by having an attorney represent you, you have a much better chance of reducing penalties or dismissing the case completely. Here are just a few reasons to consider hiring a lawyer:

1. A lawyer has the ability to get all DUI charges dismissed before going to court.

2. An attorney has the experience to be able to negotiate and get charges reduced to avoid penalties like the ignition interlock.

3. Lawyers are more familiar with DUI’s and know potential ways to try and save a driver’s license suspension.

4. An attorney has a better chance of winning a dismissal if a case goes to trial.

Even though a person has the right to represent themselves in court, at Barfoot & Schoettker we recommend hiring an attorney that has experience handling DUI cases. A DUI shouldn’t be taken lightly. By engaging an attorney, you will have a much better defense and hopefully the final outcome will be more favorable for you.

We have an excellent team that specializes in DUI cases and we are ready to help guide you through this criminal charge process and represent you to the best of our ability. Learn more here about our services or contact us today at (334) 834-3444.

What Benefits am I Entitled to After a Car Accident?

Thu, 25 May 2023 17:32:32 GMT

What Benefits am I Entitled to After a Car Accident?

Regardless of the type of accident -- rear-ended at a red light, side impact collision or riding a bicycle and getting clipped by a car -- being involved in a car accident is never a nice experience and can often cause pain and suffering. Many victims of car accidents need immediate medical attention at the scene, or need to be transported by ambulance to the hospital for monitoring and treatment.

While others, sometimes try to deal with the pain on their own before seeking treatment from a doctor for symptoms that have arisen as a result of the accident.

Automotive accident law in Alabama is important to understand, especially when you live in the state, as you could end up in the unfortunate event of a car accident at any point in time. Hiring an attorney to help you handle your case can be extremely beneficial, as often insurance companies try to get out of paying you what you are owed. By hiring a lawyer that specializes in personal injury and accidents, you have someone on your side that can help navigate you through the complex process and help you receive what you are entitled to.

What is Alabama’s Statute of Limitations for personal injury claims?

Alabama’s Statute of Limitations for personal injury claims is two years. This means you must either settle your injury claim or file a lawsuit within two years from the date of the accident. If your claim can’t be settled within two years, filing a lawsuit is your only other option.

What do I do if the insurance company is difficult to contact and they are delaying settlement of my claim?

Unfortunately, insurance companies are not your friend. You need to remain proactive and make sure your negotiations are being handled in a timely fashion. This is where a lawyer can be extremely helpful, as they are used to dealing with insurance companies and can fight your claim on your behalf while you focus on your health and well-being. The insurance company is under no legal obligation to settle your claim before the statute of limitations expires so this is why you need to remain vigilant and work with an attorney to ensure everything is settled within the required time frame.

Elements of Damages That May Apply to Your Case:

An accident is an expensive and upsetting experience. Medical treatments are costly which often means victims cannot afford unplanned expenses such as these. It can also create significant financial stress when the victim is unable to work for a period of time due to physical pain and/or injury. Your health and well-being is ultimately the main concern, but lack of transportation due to vehicle damage is another frustrating issue to have to deal with.

Property damage – If your vehicle was involved in an accident, your vehicle will be assessed and deemed repairable or total loss. If your car is deemed a total loss, you are entitled to a certain market value of your car. Other out of pocket expenses can often be recovered too such as rental car usage. In addition to this, compensation for items that were damaged in the accident can also be recovered, such as a broken computer that may have been in the car.

Medical bills – This is an obvious category of damages. If an accident causes you to suffer physical or emotional injuries, you may recover the cost of seeking medical treatment, within reason. Common forms of medical bills will include bills for ambulance, emergency room, physical therapy, primary care physician, and other treatment you may require.

Lost wages – After a car accident, injuries can sometimes affect your earning capacity. This could be an inability to work due to physical therapy sessions, time spent in a hospital, or other factors that prevent you from earning your usual wages. Often, you will be able to recover lost wages for the time the victim misses work as a result of injury.

Pain and suffering – This is a class of damages that can often be disputed. It refers to how the accident has affected you and your daily activities. According to FindLaw.com pain and suffering is legally defined as mental or physical distress for which one may seek damages in a lawsuit. These damages are based on the type of injury, the seriousness of the pain suffered, and the prognosis for future pain associated with the injury. Pain and suffering may also include mental and/or emotional damage stemming from the incident, such as anxiety or stress. Many factors are taken into consideration and it is often necessary for relatives or friends etc. to testify how the accident has impacted you.

If you are injured in an accident, then being familiar with Alabama auto accident laws will definitely be of help to you. Generally speaking, in personal injury cases, Alabama law states that you are entitled to medical expenses, pain and suffering, mental anguish, lost wages and property damage, to name a few. However, each case is assessed and treated differently. This is why hiring an attorney who is a specialist in the field is the best way forward. They will ensure you are well informed of your options and are guided correctly about the best way to proceed.

At Barfoot & Schoettker, we take the time to ensure that you are comforted and supported during every step of the legal process while also analyzing every aspect of your case, from the details of the scene to the specifics of your medical treatment. We are on your team, helping you get what you deserve. Contact us today via our form or call (334) 834-3444 to see how we can help you.

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Hiring a Lawyer vs. DIY Personal Injury Cases

Thu, 25 May 2023 17:24:35 GMT

Hiring a Lawyer vs. DIY Personal Injury Cases

Many people lack knowledge about how an attorney can help you in a case and what benefits they can bring to an unfortunate situation. Similarly, people often lack knowledge about whether it is appropriate to file a claim or lawsuit without a lawyer. People often have viable bases for a lawsuit but as they are unsure if they can file a claim themselves, and are concerned about attorney fees, they don’t follow through.

This means that the situation can often go unaddressed and you may not be compensated in the way you deserve. We want to help you look at the benefits and risks associated with hiring a lawyer versus handling personal injury cases on your own.

Handling a Case on Your Own Can be Done, but Should be Carefully Considered

If you absolutely feel the need to represent yourself in a case, it can be done. However, it is not advised as there are many risks associated and it is less likely that you will get the outcome you hoped for. It can be perceived as more efficient to represent yourself in a case if you weren’t hurt badly or didn’t lose much in terms of property damage but, taking on any case - big or small - is time consuming, often overwhelming and can be detrimental to the final outcome. If you are considering representing yourself, you need to be extremely comfortable advocating for yourself and, even more so, when things become contentious and complex during trial - which will often happen.

Hiring an Attorney is Ideal in Order to Get the Best Outcome

Generally, it is in your best interest to hire an attorney. Attorney’s are experts in their field. They understand the legal system, they know how to approach your lawsuit in order to get the best outcome and they are there to help you, while taking lots of stress and work off your plate. As specialists in this field, hiring a lawyer is usually the best option if you want to be compensated as you deserve. Certain injury cases like medical malpractice, disabling or permanent injuries, or injury from defective product cases should definitely not be taken on by yourself. These are complex, detailed cases and need professional expertise to gather information appropriately and fight for you in a court of law.

People are often concerned about the fees associated with hiring a lawyer, but as an attorney understands the legal system and knows various lawsuits like the back of their hand, you are likely to be compensated properly, therefore have the ability to easily cover lawyer fees. Attorney fees are often more reasonable than one may assume, so it is in your best interest to engage a lawyer for an initial conversation in order to get an understanding of the process and the costs before making a rash decision to represent yourself.

Here are some of the risks associated with handling your own personal injury case:

You have to deal with the other party’s insurance company and lawyers on your own, meaning they might not take you as seriously as if you had a lawyer to represent you.
You are liaising with insurance claims personnel who are highly experienced and trained to protect the insurance company’s profits.
Personnel from insurance company’s will often try to exploit your lack of knowledge for the process in order to avoid paying a claim.
Lack of experience means you may not know how to identify all necessary parties, which may be detrimental to your case.
The insurance company will likely offer a lower settlement because they do not perceive that individuals who lack legal representation are serious about taking them to court.
You may accidentally say something that an insurance company will use against you to deny or minimize your claim.
You may not know the types of evidence needed to support your claim or how to go about collecting the evidence if you handle your own case.
An initial settlement offer from an insurance company may sound like a lot of money, but actually be far less than the fair value of the case based on your future medical bills and income losses related to the injury. If you represent yourself, you are less familiar with this situation and could put yourself in a bad position, long term.
Handling your own case adds exceptional amounts of stress, when often the person needs to be focusing on their health and recovery.

After an injury, your priority should be regaining your health and enjoyment of life. Let the personal injury attorneys at Barfoot & Schoettker provide trusted legal guidance and fight hard to obtain the full compensation that you will need to move forward after a serious accident.The most common types of personal injury claims are car accidents, slip and falls, assault claims and other negligent acts. If you have suffered a personal injury, it is vital that you contact us as soon as possible via our contact form or at (334) 834-3444.

What to Consider When Filing a Lawsuit.

Thu, 25 May 2023 17:16:33 GMT

What to Consider When Filing a Lawsuit.

Deciding whether or not to file a lawsuit can be a difficult decision, especially if you are uneducated on what you should consider. People often have viable bases for a lawsuit but are intimidated by the court system and lack knowledge about how an attorney can help them in a case. This means your unfortunate situation likely will go unaddressed and you may not be compensated adequately.

These considerations should help when making your decision and hopefully make filing a lawsuit feel less daunting.

Costs

Costs are the first thing to examine when you are pondering whether or not to file a lawsuit. Paying an attorney is the obvious expense, you should know that if you hire our firm to pursue a personal injury claim we only charge a fee if we recover money for you. There are non-financial costs as well. It is important to realize that lawsuits can create a great deal of stress and also can consume a lot of time. At Barfoot and Schoettker, we do our best to reduce stress as much as possible and not abuse your time. Nonetheless, you should still be prepared for the emotional toll that lawsuits can sometimes generate.

Likelihood of Prevailing

Deciphering the likelihood that you will prevail in your case is certainly a prerequisite to filing a lawsuit. We want to put our clients in optimal situations, so if you don’t have a good chance to win a case, then we will advise you to consider other options and help you determine the best course of action moving forward. On the contrary, if we think we have a strong case for you, then we will begin a plan of action that will set you up for success.

Generally, it is in your best interest to schedule a consultation with an attorney. Even if you think you don’t have a good chance to prevail, an attorney can give you their professional opinion and will sometimes see opportunities that you may have overlooked.

Risk/Reward Analysis

When contemplating a lawsuit, individuals must analyze the risk and reward of their case. This may be challenging to diagnose on your own, so we highly recommend a consultation with a lawyer. Make sure that you talk in-depth on this subject and ask questions to help you understand the situation as best as possible.

Trusting your lawyer’s judgment is important when deciding whether to file for a lawsuit or not. Their abundance of experience will help you manage your expectations and ultimately help you decide if the risk is worth the reward. Even if you are likely to win a case, if the balance of risk and reward is unstable then you won’t want to pursue the lawsuit. In this case, your lawyer should lay out other options for you to consider.

Choosing the Right Attorney

The most important step before filing a lawsuit is finding an attorney that matches up with your specific needs. Whether it’s the insurance company who refuses to adequately compensate you for your personal injury; the wrongful death of a loved one caused by the carelessness of another, or you've wrongfully been accused of a crime, you need a trustworthy, experienced and passionate attorney to handle your legal matter and obtain the best possible result.

Selecting the right attorney from the overwhelming amount available can be difficult, but will ultimately be reflected positively throughout your case if done correctly. Before hiring an attorney, be sure to ask yourself what you are trying to achieve and what your end goal is. This will help you as you are researching your options and meeting with different attorneys.

Your attorney should be well responsive, professional, knowledgeable, and have relevant experience that applies to your certain situation. If they check these boxes and seem to have your best interests in mind, then you might’ve found an attorney that you should hire. If they lack any of these qualities, don’t settle. Put in the extra effort to find an attorney that you are confident about so that you can take care of your needs and accomplish your goals.

At Barfoot & Schoettker we pride ourselves on personal service, honesty and integrity, and aggressive representation to those we serve. We believe in open and honest communication with our clients and we would love to discuss how we can help you. Contact us today via our online form or call (334) 834-3444.

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Understanding the Basics: Personal Injury Law

Thu, 25 May 2023 17:10:53 GMT

Understanding the Basics: Personal Injury Law

After a personal injury, it can be hard to take the necessary actions that are going to fulfill your needs, especially if you are uneducated on the basics of personal injury law. According to the CDC , approximately 40 million people experience personal injury each year.

This blog article delves into the realm of personal injury, so that hopefully clients will have adequate base knowledge to help propel them into a successful case.

What constitutes a personal injury case?

Personal injury cases are civil cases that ensue after a person endures harm from an incident where someone else might be legally responsible for that harm. If someone else is completely at fault, then you may have a legitimate claim on damages, but a lawyer can help you identify this based on your situation.

Types of Personal Injuries

There are two types of personal injuries that can result in a justifiable claim for the plaintiff - intentional acts and negligent acts.

An intentional act is when someone does something intentionally that leads to injury. Examples of intentional acts are assault, battery, and slander. One key thing to note is that there doesn’t have to be an intention to harm someone. Just because the actor didn’t intend to harm the victim, doesn’t mean it is not an intentional act. For example, if someone pulls the chair out from under another person, and the victim falls and breaks their tailbone, the individual could be held accountable for the victim's injuries. Even though the person may have not intended to hurt the victim, they did intend to pull the chair out, which in turn did injure the victim.

A negligent act is when a person inadvertently injures someone else, but they could have been more aware and avoided the situation. This is most commonly seen in car accidents. One example would be if an individual is texting while driving and they accidentally run a red light which causes them to crash into another vehicle. Although they did not intentionally run into the vehicle, they were negligent and will likely be held liable for any damages.

Advice For Personal Injury Victims

Personal injury claims, after being injured without any fault of your own can be arduous, exhausting, and stressful. Nonetheless, there are a few tactics that you should keep in mind that will hopefully ease the pain and make the process more seamless.

The first step is to take notes. The best way to preserve evidence from your case is to take detailed notes as quickly as possible after the accident occurs. Write down what happened before, during and after the incident. You should also take pictures if you feel that it would benefit your case.

Another very important point to keep in mind is to never sign any legal documents before consulting with your personal injury attorney. Deliberating with a lawyer that you trust will help you make a confident decision. One that you will feel satisfied with. Refraining from signing any documents will ensure that you are able to decide on a course of action that is satisfactory for you.

Addressing Personal Injury Claims

Before you address your personal injury claim, it is important to understand the three possible outcomes that may occur during the process.

Informal Settlement - Most cases involving accident or injury are resolved through informal early settlement. After both parties have agreed to settle, a written agreement to resist further action will be generated and the defendant will in turn pay a set amount to atone for the plaintiff’s pain and suffering. This course of action is the most timely and avoids conflict.

Mediation and Arbitration - Arbitration is a legal technique used outside of the courts in which an uninterested third party is brought in to decide on a resolution. This is a common middleground between an informal settlement and a formal lawsuit.

Formal Lawsuit - When the plaintiff files a civil complaint against another party, claiming that they took part in a reckless, negligent or irresponsible act in connection with an accident that caused harm. Filing a formal lawsuit for personal injury is the least common scenario, which usually takes the most time and causes the most stress.

Hiring a Personal Injury Lawyer

It is important to know when to call a personal injury attorney. If you feel that your injury was caused by another party, don’t hesitate to reach out to a personal injury lawyer that you trust. They can help you diagnose the situation and guide you towards the best course of action.

Key Reasons to Hire a Lawyer

Thu, 25 May 2023 17:04:27 GMT

Key Reasons to Hire a Lawyer

Legal trouble is something that no one wants to go through alone. Whether it is following a personal injury accident, a traffic ticket, or an insurance battle, it is usually in the best interest for clients to utilize an attorney that specializes in their specific situation. It is always best to hire an experienced lawyer to represent you in your case because it will relieve a considerable amount of stress and heartache, as well as optimize your probability of winning the case.

Millions of people each year go through the legal process unrepresented by a lawyer. The chances of people prevailing in their cases on their own are highly unlikely. This blog article provides perspective on why you should always be represented by a lawyer in order to attain a favorable outcome.

Lawyers are knowledgeable and experienced

If you feel that your specific situation calls for action, so that you can be recompensed for the suffering that you have endured, then it is strongly advisable that you hire a lawyer. An experienced attorney will be able to apply their previous experience with the legal system to your case, which will hopefully result in the compensation that you are worthy of.

Without an attorney that can offer an abundance of knowledge and experience in the world of law, the chances of prevailing in a case are improbable. An attorney that has ample knowledge and experience within your specific situation is much more likely to win the case. Because they have worked with numerous cases like yours in the past, as well as handling insurance companies and other lawyers, working with an accomplished lawyer is always the best option when contemplating where to start with your case. Consult with a lawyer and figure out the best plan for your particular situation.

Lawyers will save you time and stress

Going through the stressful dispute of law on your own is a strenuous task, especially if you don’t have any prior experience with the law. The best way to make the law process more seamless and less demanding is to hire an attorney that will fight for you, advise you throughout the tricky legal process, and keep you steady as you traverse through rough terrain.

Having a competent lawyer will save you time and effort and will also eliminate a great deal of unnecessary confusion that comes when people try to take cases on their own. Taking a case on your own brings a lot of stress and uncertainty, which is understandable because you’ve never done it before. Hiring a lawyer will give you a sense of comfort in your difficult situation.

During a lawsuit or settlement, it can be difficult to stay grounded and remain rational. If you hire a lawyer, they will be objective and act as a neutral party for you to lean on during your time of stress and vulnerability. This is a very important factor as you proceed with your case. Keeping yourself mentally healthy during the overwhelming legal process will make things easier and may increase your chances of prevailing.

Lawyers can handle complicated paperwork

The amount of paperwork that comes when entering the legal process can be insurmountable for the average civilian. One extreme advantage that comes with hiring an attorney is being able to bypass the intricacies of paperwork. As mentioned above, legal disputes are very time consuming. Hiring an attorney will be a great time saver and you also won’t have to encounter the agony of filling out hours worth of paperwork. You also won’t have to worry about understanding all of the paperwork on your own or risk completely something incorrectly. Hiring a lawyer means they can guide you through what they are doing to give you the best chance of winning your case.

Lawyers will give you the best chance to win

With everything at stake, the main priority is to win your case and receive the compensation that you deserve. Having an outstanding lawyer with past experience in situations like yours will give you the best opportunity to win your case.

Meet with a lawyer to discuss your case and hire an attorney that specializes in cases like yours. Reduce your stress, save time, and finish with a favorable outcome with an attorney by your side.

Hire Barfoot and Schoettker

Law is complicated and it is in your best interests to have a professional that is going to protect you and fight for you in your case. Let the experienced attorneys at Barfoot & Schoettker provide trusted legal guidance and work hard to obtain the full compensation that you will need to move forward. It brings us pleasure to fight for the people of Central Alabama in their time of need. If you are in the Montgomery area, we would love to set up a consultation with you to discuss the best course of action moving forward. Please fill out this contact form or give us a call at (334) 834-3444.

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Key Tips for Slip and Fall Accidents

Thu, 25 May 2023 16:53:21 GMT

Key Tips for Slip and Fall Accidents

According to the CDC, approximately 39.5 million people visit a physician each year due to an unintentional injury - about 1 million of these cases coming from slip and fall injuries. If you or a loved one has experienced a slip and fall injury, it is important to first seek medical attention and then diagnose the situation.

If you believe that someone else is liable for your injury, there are several steps that should be taken to ensure that you receive the compensation that you deserve. This blog articulates the structure of slip and fall accidents and gives a brief step by step guide on how to handle these difficult situations.

What Constitutes a Slip and Fall Lawsuit

Before filing a lawsuit for a slip and fall injury, it is important to understand what constitutes a slip and fall accident, so that you are able to ascertain if your situation deems appropriate for a lawsuit.

A slip and fall accident is one type of personal injury that is caused when someone injures themselves by slipping or tripping on someone else's property. One critical aspect of a slip and fall injury is whether the injury could have been prevented if the owner of the property took certain precautions. If the injury could have been prevented then it is likely a form of negligence and the property owner should be held liable. If the owner of the property took necessary action to prevent the injury then it will be much more difficult to hold them liable in a slip and fall injury case.

There are several examples of slip and fall injuries and ways property owners can prevent injury. Wet floor cases are the first injuries that come to mind. If someone slips and injures themselves and there wasn’t a wet floor sign displayed to warn pedestrians, then it is possible that the business could be held liable for damages. Another example are outdoor slip and fall injuries. Whether the injury is caused because of damaged sidewalks, hazardous landscaping, or inadequate lighting outside, these hazardous accidents are all examples where the land owner could be held liable for damages.

Slip and Fall Checklist

Seek Medical Attention

Although receiving compensation may be on the forefront of your mind after an accident, please take care of your health first. After an accident make sure you seek medical attention as quickly as possible. If you fail to visit a doctor to address your medical needs then it will be extremely difficult to win your case because it shows that your injury may not be legitimate.

If you seek medical attention soon after the accident, you follow all steps and instructions that the doctor gives, and you keep your medical records from your doctor visits then it will tremendously increase your chances of prevailing in a case.

Obtain an Accident Report

Evidence proving the legitimacy of your case is going to be the cornerstone of obtaining adequate compensation for your pain and suffering. Without evidence it would be impossible to prevail.

There are plenty of simple things you can do to make sure that you have a substantial amount of evidence. Photos and videos can be great assets for your case. Do your best to take as many pictures as possible to prove that you were injured and prove why you were injured. Another action that will give you leverage in your case is taking as many notes as possible. Write down anything and everything that you think might be important to your case. Once you have gathered enough evidence via pictures, videos, and notes, an attorney will be able to utilize certain evidence to help you in your case.

File Your Case Quickly

Lastly, you will want to file your case quickly with the help of an attorney that specializes in slip and fall incidents. The faster you move on all phases of this process, the better chances you will have to be reimbursed for your pain and suffering.

Hire a Slip and Fall Attorney

Here at Barfoot and Schoettker, we specialize in all personal injury accidents and are ready to help the citizens of Alabama. If you’ve been injured in a fall in the Montgomery area, we can help ease the process and obtain the compensation that you deserve. Contact us today at (334) 834-3444 to schedule a free no-obligation consultation.

Here are some links to related information

Car Accidents: Facts & Main Causes

Thu, 25 May 2023 16:23:18 GMT

Car Accidents: Facts & Main Causes

Everyday that we leave our houses and drive to work, school or the grocery store, we are at a slight risk of being involved in a car accident . Although this isn’t usually at the forefront of our minds, we do see the impact that car accidents can have in our community each year. Every year in America there are approximately six million people that suffer from car accidents. Three million of those people are injured. Throughout this blog article we will be exploring the main causes of car accidents as well as several facts that you should be aware of.

If you are on the fence on if a wrongful death attorney could benefit your case, refer to the guidance below.

Main Causes of Car Accidents

1. Distracted Driving

Distracted driving is the number one cause for car accidents in the United States each year. According to a recent study performed in 2018, at least 80 percent of car accidents are caused by distracted driving. Distracted driving includes texting, calling, eating, applying makeup, brushing your hair, touching the radio and many other things as well. According to driverknowledge.com, 33 percent of people admit to texting and driving, which raises their chance of being in an accident by 23 times every time they drive their vehicle. Do your part to lower the chance of traffic accidents by focusing all of your attention on the road, not texting while driving, and not being distracted by things or people inside of your car.

2. Speeding

Speeding is also a leading cause for car accidents, which is why law enforcement around the country hand out nearly 100,000 speeding tickets per day. When you are traveling above the speed limit, this gives you less time to react in the case of an emergency. Following the speed limit will significantly reduce your chances of being in a car accident. Slow your car down and drive more conservatively, so that you keep yourself and others safe.

3. Driving Under The Influence

Driving under the influence of drugs or alcohol is also a leading cause for car accidents. On average, a person is killed every 53 minutes due to a drunk driver being out on the roads. If you have had a couple of drinks and need to get home, please utilize a taxi service, uber, or call a friend to come pick you up to ensure that you arrive home safely. When you drive drunk, not only do you put yourself at risk, but you put everyone else on the road at risk as well.

4. Reckless Driving

Whether the reckless driver is running late or just has a complete lack of regard for traffic rules, there are a large number of car accidents registered each year due to reckless driving. Reckless drivers put millions of people at risk each year. Please do your part to drive cautiously, as well as following all traffic rules.

Car Accident Fast Facts

Nearly 1.25 million people die in road crashes each year, on average 3,287 deaths a day across the globe.

Road traffic crashes rank as the 9th leading cause of death and account for 2.2% of all deaths globally.

Road crashes are the leading cause of death among young people ages 15-29, and the second leading cause of death worldwide among young people ages 5-14.

Over 40,000 people in the United States die in road crashes each year.

Nearly 8,000 people in the United States are killed in crashes involving drivers ages 16-20.

In 2017, seat belts saved 14,955 lives.

1 in 7 people do not wear a seatbelt while driving.

Seatbelts reduce the risk of death by 45%.

People not wearing a seatbelt are 30 times more likely to be ejected from the vehicle during a crash.

These facts about car accidents were taken from the Association For Safe International Road Travel.

Every time that you get behind the wheel and put your foot on the gas, you are taking a significant risk. When driving, use extreme caution and always be fully aware of your surroundings so that you lower the chances of being involved in a wreck.

Barfoot & Schoettker

If you do end up in the unfortunate event of a car accident, it’s crucial to make sure you write down all information, regardless of if it was or wasn’t your fault and contact a lawyer. A lawyer can help you understand what benefits you are entitled to, as well as steps that you should take to ensure that you are compensated properly for your pain and suffering.

If you were recently in a car accident and feel like your situation was not handled correctly and that you are missing out on compensation, please give us a call at (334) 834-3444. We would love to schedule a consultation with you to assess your situation and then help you fulfill your needs. When you work with Barfoot & Schoettker, you can guarantee that your legal rights will be protected while relying on an experienced team of auto accident lawyers to represent you.

Here are some links to related information

What Do Lawyers Do?

Thu, 25 May 2023 16:01:38 GMT

What Do Lawyers Do?

Law is involved in almost every aspect of society, therefore lawyers are critical to the way we operate as Americans. According to statistica.com, there are approximately 352,000 lawyers currently working in the United States. Whether you are curious about a lawyers job description or you are thinking about becoming a lawyer, the goal of this blog article is to give some perspective on what lawyers do and how they help people everyday.

Weekly Tasks for Lawyers

Because the weekly tasks of a lawyer highly depends on their specialization, it can be difficult to give an accurate list for all lawyers. Here is a generic list of things that lawyers might perform throughout the work week:

Gather evidence for a case

Represent clients in court

Interpret laws and applying them to specific cases

Negotiate settlements

Examine legal data to determine advisability of defending or prosecuting lawsuit

Advise clients

Present evidence to defend clients or prosecute defendants in criminal or civil litigation

Prepare and draft legal documents

Supervise legal assistants

Act as an agent, trustee, guardian, or executor for businesses or individuals

Types of Lawyers

There are hundreds of law specialties and each field varies in the type of work that is performed. Many lawyers specialize in multiple fields. Here’s a brief list of a few common fields with descriptions of what each profession focuses on:

Corporate Lawyer

A corporate lawyer helps companies with paperwork in all phases of business processes. This type of lawyer also gives advice on how to handle certain situations and gives corporations the resources to stay out of all legal trouble.

Personal Injury Lawyer

A personal injury attorney advocates for people that have been injured by the fault of someone else. Personal injury cases are very common, so personal injury lawyers are in high demand.

Family Lawyer

Family lawyers help with divorce paperwork, child custody battles, etc. These lawyers are regularly meeting with families to help them solve their problems.

Criminal Lawyer

Criminal lawyers advocate for people that have been charged for committing a crime. Criminal lawyers spend a majority of their time either in the courtroom or preparing to represent their clients.

Contract Lawyer

A contract is a legal written or spoken agreement. In the business world if someone does not follow the rules of a contract, a contract lawyer can help resolve the dispute.

Employment Lawyer

An employment lawyer handles employee discrimination lawsuits, wage and hour lawsuits, workers’ compensation claims, etc.

Medical Lawyer

A medical lawyer can help with medical malpractice lawsuits. All too often patients are not treated properly in hospitals and they either suffer permanent damage or parish. A medical lawyer can help you get reimbursed for your family’s pain and suffering.

Advisor vs. Advocate

Since there are so many specialties for lawyers, it can be difficult to sort them into categories, but one way to split them into two groups is lawyers that primarily advise and then there are advocate lawyers. Advisors and advocates have very different job descriptions and usually lawyers advocate and advise on a daily basis.

Advising Lawyers

Advisors usually don’t spend much time in a courtroom and instead focus on giving advice to people or businesses. Someone who acts primarily as an advisor may be called a “transactional lawyer” and their main job would be to counsel people and businesses through certain situations, such as buying property or selling a company. Advisors can either work for a law firm or work for a corporation.

Advocate Lawyers

Advocate lawyers have a very different job description. Although the everyday work varies depending on which law specialty they focus on, most advocate lawyers are regularly meeting with clients, researching for their legal cases, preparing for deposition, preparing for trial, or negotiating settlements. Advocate lawyers that work in criminal law spend the majority of their time defending people that have been charged with a crime.

Hire Barfoot & Schoettker

Lawyers come in many different variations, but in the end they all have the same goal - to help people with their legal issues. If you are in need of legal help, we would love to schedule a free consultation meeting with you. Whether you have suffered a personal injury, experienced medical malpractice, or are in need of criminal representation we would love to advise you in your current situation and help fix any problems that you may have. To schedule a meeting, give us a call at (334) 834-3444 or shoot us an email.

at info@barfootschoettker.com . For the last several years we have taken pride in helping the citizens of Alabama and we look forward to serving the Montgomery area for many more.

Here are some links to related information

How to Handle a Hit-And-Run Car Accident

Thu, 25 May 2023 15:49:11 GMT

How to Handle a Hit-And-Run Car Accident

Being a victim of a hit-and-run car accident is very frustrating and not something anyone expects when they begin their day. It is important to understand the best way to handle the situation just in case this unfortunate event happens to you. The goal of this article is to give some quick tips on how to handle a hit-and-run car accident, as well as some ‘Do’s and Don'ts’ when becoming victim to this horrific circumstance.

Do’s and Don’ts

Don’t - Chase the Fleeing Car

Directly after you have been in an accident and the driver flees the scene, your first inclination might be to follow the driver. It is important to understand that you should never leave the scene of the car accident to chase the person that has committed the hit-and-run. There are several reasons for this that we will delve into below.

The main reason to not leave the scene is so that when the police arrive they know that you are not at fault and they can see clearly where the accident occurred. This will help your case tremendously because the police officer will know when and where the accident happened and will also be able to gather other information that you or any other eyewitnesses were able to supply.

Another reason to not go after the person that hit your car is because they could be dangerous. If someone is fleeing a car accident, they could be hostile and willing to do anything in their power to make sure that they are not caught. The safest course of action is to stay in place and avoid that unnecessary conflict. Focus on gathering as much information as you can and let law enforcement handle the fugitive.

Do - Call the Police

In this situation, law enforcement is the key to capturing the person that damaged your vehicle and ultimately getting the compensation that you deserve for damages and suffering. If someone has been injured, call 911 immediately, otherwise call the non-emergency phone number.

When the police officer arrives you will need to tell them the order of events in which they occurred as well as any other information that you have gathered since the incident. This will help them put together a comprehensive police report that will benefit your case. It would be a good idea to take pictures of damage, take notes immediately after the accident, and if possible take a picture of their vehicle as they are driving away, preferably with the license plate visible.

Do - Use Witnesses

Eyewitnesses can be a huge asset for you in a hit-and-run situation. Another set of eyes confirming information to the police officer will give them optimism that you are telling the truth and hopefully they can help provide any other information that you may have missed, such as what the driver looked like, what car they were driving, and if there were any passengers in the vehicle. If you see that someone witnessed the accident, ask them to stay and help relay any information that they have to the police officer. Also be sure to obtain their contact information just in case you need to contact them in the future about your case.

Do - Gather Information

As previously discussed above, it is vital that you gather information for law enforcement and the insurance company. The more information that you can give to these two respective parties, the more they will be able to help you. Useful information that should be documented for your case includes the getaway vehicle's license plate number, the make and model of the getaway car, information on how each vehicle was damaged, as well as a step by step story-line of the accident.

Do - Report the Accident to Your Insurance Company

Lastly, you will want to report the hit-and-run accident to your insurance company. This is the only way that you can receive compensation for the damages of your vehicle. Because the other party fled the scene, you will have to pay the deductible for collision coverage, but all damages should be covered and your insurance premiums will not go up since you were not at fault.

Hire Barfoot and Schoettker

Being involved in a hit-and-run car accident is a very unfortunate, frustrating event. Being equipped with knowledge on how to handle the situation will make the entire process much less stressful and will hopefully result in full compensation in a timely manner.

If you have not received the compensation that you deserve for a car accident, we would love to schedule a free consultation to determine the best course of action moving forward. Here at Barfoot and Schoettker, we take pride in helping our clients throughout the entire legal process. If you are in the Montgomery, Alabama area, please give us a call at (334) 834-3444 or visit our website.

5 Things to Know About Medical Malpractice

Thu, 25 May 2023 15:32:40 GMT

5 Things to Know About Medical Malpractice

According to ABPLA , medical malpractice occurs when a hospital, doctor or other health care professional, through a negligent act or omission, causes an injury to a patient. Medical malpractice can happen during the diagnosis, during the treatment, or advice for treatment after an illness.

Medical malpractice claims are more common than you may think. You may be entitled to a claim and will need the help of an attorney. This blog article will walk through some key things you need to know about medical malpractice.

You have to prove medical malpractice to place a claim

Medical malpractice claims have requirements that need to be covered before they can be placed.

You must show that there was a doctor-patient relationship with the doctor you plan to sue. In simple terms, you hired the doctor and the doctor agreed to be hired by you.

The doctor’s negligence caused the injury. To prove that your doctor was negligent in their practice or diagnosis, you must be able to prove that your doctor caused you harm where another doctor would not have. The patient needs to outline where the doctor deviated from the medical standard of care.

Your injury led to specific harm or damage. A specific injury must be caused by the doctor’s negligence. These injuries can include physical pain, additional medical bills or lost work.

There are different types of medical malpractice

There are a few different types of medical malpractice that can be viable for a claim. The most common are listed below, but you may be entitled to your claim in other circumstances. Barfoot & Schoettker can help you determine if you have a viable case for medical malpractice.

Failure to diagnose/misdiagnosis

Improper treatment

Birth injuries

Prescription drug errors

Failure to treat

Medical negligence is the third leading cause of death in the U.S.

According to the Medical Malpractice Center, there are 80,000 to 100,000 deaths in the U.S. each year due to medical malpractice or error in diagnosis. The majority of malpractice cases are from misdiagnosis of an illness. From these many occurrences of malpractice, there are only 15,000 to 19,000 suits filed annually in the U.S.

Medical malpractice can occur during the diagnosis, during the treatment, or advice for treatment after an illness. In order to avoid medical malpractice, the patient should research their diagnosis and try to best understand it. Always speak up if you think something is wrong and document your symptoms.

You have two years to file your claim

In the state of Alabama, you have a time limit of two years to file your claim for medical malpractice. This time restraint means from the date the mistake occurred. Each state has its own rules so you will have to do your research to find the statute of limitations in your state. Malpractice lawsuits may take a longer period of time to resolve than the two years following.

Compensation vs. punitive damages

In any medical malpractice lawsuit, there can be compensatory damages or punitive damages for the patient in the case that they win. A patient may receive compensatory damages which are intended to compensate you for medical bills, lost wages, and pain and suffering. Punitive damages are a second form of compensation in which the health care provider is punished for the malpractice. If the plaintiff chooses to give extra punishment to the provider, the sum will not be used to compensate the patient but rather to deter the health care provider from committing similar misdeeds in the future.

Hire Barfoot & Schoettker

Have you suffered from medical malpractice? Your first step should be to contact an attorney in order to review the details and determine whether your case is actionable. The lawyers at Barfoot & Schoettker will be able to work with you to gather the evidence and file within the statute of limitations.

It is important to have an experienced lawyer, like the ones at Barfoot & Schoettker, by your side in the case of medical malpractice to ensure that you receive the compensation you deserve.

Contact the lawyers at Barfoot & Schoettker today if you believe you have been unjustly served and have a possible medical malpractice case. Call (334) 834-3444 or submit a free case evaluation form electronically.

Should You Hire a Wrongful Death Attorney?

Thu, 25 May 2023 15:22:16 GMT

Should You Hire a Wrongful Death Attorney?

The death of a loved one is one of the most painful and confusing moments in one’s life. If their passing was due to the negligence of another, it can make this time even more difficult to process. It can be hard to realize in the midst of grief if the loss of your loved one is eligible to receive compensation. Although we understand that no amount of money can replace your loss, working with a wrongful death attorney can help bring clarity and justice to the situation.

If you are on the fence on if a wrongful death attorney could benefit your case, refer to the guidance below.

1. Understanding Wrongful Death

The first item to understand when considering whether you should pursue legal action due to the passing of a loved one is the legality behind wrongful death. In the state of Alabama under code 6-5-410, wrongful death is described as a death that was caused by the “wrongful act, omission, or negligence” of another person. The personal representative of the deceased can bring about a wrongful death suit only if the death could have been a personal injury claim if the deceased had survived. In other words, you can look at a wrongful death case as a personal injury case, whereas the victim is no longer able to fight for their own compensation so you must step in on their behalf. Wrongful death claims can also be filed in the civil court of Alabama even if the accused was not criminally charged for the case. There is a time limit, as the case must be filed within two years after the date of the death

2. Types of Cases

Now that you have grasped the legality behind wrongful death, it is time to determine if your case falls under wrongful acts, omission or negligence. There are varying circumstances we have encountered which have been eligible for a wrongful death case. Motor vehicle accidents are a common case ranging from motorcycles to buses, as well as drunk driving. Medical malpractices such as misdiagnosis, treatment errors, and failure to diagnose could also be eligible for compensation. Other types of wrongful death cases that have been filed range from construction accidents, plane crashes, house fires and more. If you have any doubts or questions on whether your specific situation falls under these categories, contacting an attorney would be a beneficial option.

3. Recovery Amounts

When considering the amount of compensation you could receive on behalf of your loved one, it is important to reference your state’s law on the subject. Alabama possesses a fairly unique law in regards to how recovery amounts are determined. Here, amounts are decided not based on the life of the estate of the deceased, but rather on the amount of damage done by the defendant. The law is structured this way to prevent future incidents happening of this kind by rightfully punishing the one who committed the act. The wealth of the defendant can be factored into how much is recovered to assure the crime won’t be committed again. In order to guarantee you are receiving the maximum amount of award possible, it is advised to hire a wrongful death attorney.

4. How an Attorney Will Benefit You

During this process of grieving, starting a legal battle may be the last thing on your mind. A wrongful death attorney is there to lift that weight off your shoulders. There is a great deal of paperwork involved in any legal process that requires strict attention to detail and deadlines. By hiring an attorney, they will handle the whole process freeing up time for you to be with loved ones. A wrongful death attorney will also obtain the appropriate defendant for your case, ensuring that the correct individual or organization at fault is brought to justice. With the wrongful death laws in Alabama being some of the most complex, an attorney will also provide guidance to assure you are educated and informed throughout the entire process.

If the death of your loved one was caused by the carelessness of another, Barfoot and Schoettker is here to make certain you receive the compensation your family deserves. We aim to be an ally to support you through this painful time by taking care of every aspect of the legal process. You don’t have to go through this alone. To schedule a free consultation in the Montgomery, Alabama area, give us a call at (334) 834-3444 or send an email to info@barfootschoettker.com .

Here are some links to related information

Watch Your Step: You could qualify for a premise liability case

Thu, 25 May 2023 15:15:11 GMT

Watch Your Step: You could qualify for a premise liability case

If you have sustained an injury on public or private property as a result of negligence by the owner, then you may be eligible to file a premise liability lawsuit.

According to alllaw.com, premise liability refers to a property owner’s potential responsibility for any injuries that may occur on his or her property as a result of negligence or unsafe conditions. Almost any type of structure or open space can fall prey to a premise liability case.

Premise liability is something that every property owner can be held to whether they own something as simple as a one-bedroom house in a neighborhood or something much bigger like an amusement park.

There is a wide variety of injuries, accidents and situations that can lead to a premise liability lawsuit, including:

Slip and fall accidents

Animal bites

Swimming pool injuries

Inadequate maintenance

Having children on the premise

Fires

Falling equipment

Dangerous property

Inadequate or negligent security measures

Although it does not seem probable that many of these situations would happen at a restaurant or retail store, they have happened and will continue to happen in the future. So it’s important for owners of restaurant and retail properties to know about the liabilities that come along with being a public business.

Before filing a premise liability lawsuit against an individual or company, the accuser needs to be able to prove four key factors:

The defendant, the person who directly or indirectly caused the injury, occupied, leased or owned the property where the injury was sustained. This step should be relatively easy to prove. As the owner, leasee or occupier, it is the defendant’s responsibility and duty to make sure that the property is safe.
The plaintiff, the person filing the case, was injured. There are several ways to prove that an injury was sustained including a testimony from the plaintiff, a testimony from a doctor who treated the plaintiff and showing medical records or medical bills. If the injuries sustained require long-term treatments or will continue to affect the plaintiff in the future, it is important to discuss this in the case proceedings or in court.
The defendant was negligent in the use of the property or failed to warn the plaintiff about any dangers. According to Cornell University’s law school, negligence is defined as “a failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances. The behavior usually consists of actions, but can also consist of omissions when there is some duty to act (e.g., a duty to help victims of one's previous conduct).” So in a premise liability case, the plaintiff needs to be able to prove that the defendant did not take the proper measures required in that particular situation to assure no harm was caused.
The plaintiff must prove that the defendant’s negligence was a significant reason for why he or she was harmed. The best way to do this is to prove that the injury sustained was reasonably foreseeable as a result of the defendant’s actions or omissions of action.

Regardless of how simple or easy it may seem to prove or disprove the previously mentioned factors, when it comes to prosecuting or defending a premise liability case there is another key element to keep in mind: individual state laws.

Different states have different laws when it comes to the status of the visitor on the defendant's property. In this case, it is important to consider why the plaintiff was on the defendants property and whether they were invited there.

The visitor can be classified in one of three categories: an invitee, a licensee or a trespasser. An invitee is a visitor who enters the property to financially benefit the owner, for example, a restaurant customer. A licensee is a person who received written or verbal consent from the owner to enter the property, usually for the purpose of a social call. A trespasser is a visitor who unlawfully enters the property without the permission of the owner.

To go along with the reason why the plaintiff was on the defendant’s property, the outcome of premise liability cases in some states is affected by the plaintiff’s fault in the injury as well.

For example, in states like Alabama, if the plaintiff is found to have been at any fault in the injury, they will most likely be unable to recover any sum of money from the case.

Filing or defending a premise liability case can be a headache if you do not have the right legal team. Having lawyers with the proper knowledge and plenty of experience can alleviate the pain and stress that comes along with a legal case.

At Barfoot and Schoettker, we are confident in our ability to help you solve your premise liability case. Whether you are looking to file a case or defend one, we would love to schedule a free consultation appointment with you to decide the best course of action.

Workplace Injuries: Who is responsible?

Thu, 25 May 2023 15:03:29 GMT

Workplace Injuries: Who is responsible?

If you’ve sustained a work-related injury, your employer may be held responsible. Workplace injuries are common and workers must make sure they’re following guidelines. However, if something goes wrong the employee should know their rights . There are a few things any employee should be aware of when it comes to dealing with a workplace injury.

This post will explain your employee rights, what is considered a workplace injury and the employee’s responsibilities.

Your rights as an employee

When you signed a contract with your company, you became a liability for your employer. This also gives you some employee rights. First off, you have the right to file a claim for your injury in workers compensation court or the state industrial court.

Second, you have the right to see a doctor and pursue medical treatment. If you are released by your physician, you have the right to return to work. In addition, if you are unable to return to work due to your injury you have the right to some type of disability compensation.

Lastly, if you disagree at any point with your employer, the employer’s insurance company, or the workers' compensation court, you have the right to appeal the decision. Throughout the process, you have the right of lawyer representation.

As an employee, it is important to understand your right to act as well as your right to refuse certain requests or offers. In the state of Alabama, the workers’ compensation laws provide that you receive the proper payment of compensation benefits along with the necessary medical attention.

What is considered a workplace injury

Before you can file a claim, you need to be sure that your injury is indeed a workplace injury. The basic requirements to be labeled a workplace injury are that which happened while doing your work duties or something on behalf of your employer.

Any company-hosted event can also be considered a work duty. This includes picnics, holiday parties or other social events. A work-related injury may occur at one of these events, and even if alcohol is involved, it may still be considered a workplace injury.

An injury that occurs during a lunch break does not typically constitute a work-related injury since it happened on your own time. If you have a preexisting condition that is worsened through your work duties, it will most likely be considered work-related. In addition, any mental health conditions that are developed during your employment are typically going to fall under a workplace injury.

What is not considered a workplace injury in the state of Alabama? The Alabama Department of Labor has a list of exceptions:

When the accident is caused by the willful misconduct of the employee.

When caused by the act of a third person or fellow employee for personal reasons, and not directed against him as an employee or because of his employment.

By the employee's intention to bring about the injury or death of himself or another.

By the employee's intoxication from alcohol or use of illegal drugs.

By failure or willful refusal to use safety appliances provided by the employer.

By willful refusal or willful neglect of the employee to perform a statutory duty.

By the employee's willful breach of a reasonable rule or regulation of the employer, of which rule or regulation the employee has knowledge.

Employee responsibilities

Even as an employee, you have some responsibilities when it comes to safety in the workplace. It is your responsibility to take care of your own health and safety as well as your coworkers. At no point should you put someone else in harm’s way.

It is also important for a new employee to familiarize themselves with the company’s health and safety policies. According to nidirect, it is crucial to tell your employer if something happens that might affect your ability to work, like becoming pregnant or suffering an injury. This is because your employer has a legal responsibility for your health and safety, they may need to suspend you while they find a solution to the issue or problem, but you will normally be paid if this happens.

If you are provided with PPE, it is important that you wear that gear at all times while conducting your workplace duties. It is just as important that the employee follows rules and guidelines as it is that the employer does.

Contact the lawyers at Barfoot & Schoettker today if you have suffered a work-related injury and need a lawyer. Call (334) 834-3444 or submit a free case evaluation form electronically.

Here are some links to related information

Legal Advice For College Students

Legal Terms you Should Know Before Filing a Lawsuit

Thu, 25 May 2023 14:53:47 GMT

Legal Terms you Should Know Before Filing a Lawsuit

Despite what some people might think, much more time, work and effort is put into handling court cases than is portrayed on popular television shows. Not all court cases are glorious battles between lawyers in beautiful, old courthouses with helpless clients watching in awe.

In the real, modern day world, lawyers and their clients must work together as a team throughout the entire legal process. It is important for a trusting relationship to be established between the two, along with mutual trust and continuous, open communication.

These prerequisites for success mean that finding the right lawyer for your lawsuit is essential. But before you start looking for a lawyer, it is important to fully understand what kind of lawsuit you want to file. To effectively do this, some research into the legal system must be done.

Before filing a lawsuit, we recommend that you have a basic understanding of the legal system and its procedures. One of the best ways to do that is by knowing some of the most common terms used in a U.S. court of law.

We have compiled a list of the most important and prevalent words used in a lawsuit to help you better understand the process and have basic legal knowledge when you begin filing a case. You may have heard some of these words in your favorite crime television shows or movies and after reading this, you will finally know what they mean.

Cause of Action: According to Cornell University’s Law Schoo l , a cause of action is “a set of predefined factual elements that allow for a legal remedy. The factual elements needed for a specific cause of action can come from a constitution, statute, judicial precedent, or administrative regulation.”

In other words, the cause of action is the reason why the plaintiff is filing a court case. During the legal process, the cause of action is broken down into several elements and each of those elements must be proven to win the case.

Damages: According to The Legal Dictionary, damages are “monetary compensation that is awarded by a court in a civil action to an individual who has been injured through the wrongful conduct of another party.” There are several reasons for damages which include economic, emotional and physical. As a result of various causes for damages, there are multiple types of damages.

Compensatory damages are awarded to the plaintiff if they have suffered an injury or economic loss. On the other hand, punitive damages are meant to punish the defendants for their actions, such as intentional acts. The other types of damages are consequential, incidental, liquidated and nominal.

Demurrer: A demurrer is “a formal response to a complaint filed in a lawsuit, pleading for dismissal and saying, in effect, that even if the facts are true, there is no legal basis for a lawsuit.” A demurrer can be used in a situation in which the complaint is unclear or is missing essential factual elements.

For the demurrer to be considered valid, a hearing must happen and the judge must rule in its favor. However, in some cases, the judge may allow the plaintiff time to make amends to the complaint, but if the amendments are not made in time or if the amendments do not fix the problem, the judge will grant the demurrer.

Due Diligence: Due diligence can be defined as “the conduct that a reasonable man or woman will exercise in a particular situation, in looking out for the safety of others.” In the American legal system, if a defendant acted in a way that is deemed normal and reasonable, then the plaintiff cannot prove that he or she was injured as a result of negligence. What is considered due diligence in a court case is decided on by the jurors.

Malfeasance/ Nonfeasance: According to Northeastern University Law School, the term malfeasance “refers to the act of doing something illegal or morally wrong, including dishonesty and abuse of authority by a person or business,” whereas the word nonfeasance means “failure to act when action is legally required.”

Simply put, malfeasance is when a crime is actually being committed, and nonfeasance is the lack of taking action when action is required. Both can be considered legal offenses.

Now that you know five of the most basic and common words used in court cases, you are ready to start the process of filing a lawsuit and finding the perfect lawyer to help you. At Barfoot and Schoettker, we have experts ready to assist you at every stage of the legal process and we are well-prepared to help you get what you deserve. Call us today to set up a consultation.

Here are some links to related information

5 Reasons Not to Represent Yourself in Court

Thu, 25 May 2023 14:43:28 GMT

5 Reasons Not to Represent Yourself in Court

If you are having to make a court appearance for a criminal case in the near future, you may be tempted to appear “pro se” or “on one’s behalf” in order to defend yourself. Although this may seem like a money saving option, in reality it could cost you more time, money, and potentially the whole case if done incorrectly. Generally, it is ill-advised to represent yourself in a court case and here are a few of the reasons why.

1. Judge Tolerance

Winning over your judge is one of the most important aspects when involved in a court case. By choosing to represent yourself with little knowledge of the legal system, it is likely the judge will not be tolerant or patient. You do not get granted a free pass for not knowing the rules or not having a lawyer present. The judge will hold you to the same standards as if you did. Judges are not able to offer you assistance in the middle of the case if you get stuck, as you would be expected to be equipped with all necessary knowledge. A judge will be able to read you your rights and in doing so will strongly urge you to have an experienced defense counsel. Having a lawyer represent you will also make the trial go smoother for all parties involved.

2. Mountains of Paperwork

A court case comes with an overwhelming amount of paperwork that is expected to be filled out correctly and submitted before the various deadlines. Failing to fill out a line or make a deadline could mean a world of difference in terms of the outcome of your case. Lawyers are trained for years to have strict attention to detail and possess the knowledge of the different rules that come with the processing and submission of each document. Hiring an experienced defense will help take this weight off your shoulders so you are able to focus on your role in the trial.

3. Lack of Legal Knowledge

By not possessing enough legal knowledge, you could end up damaging your case. Defense attorneys spend years studying and practicing the ins and outs of the law both in school and in court. They are also trained to not let emotions cloud the argument at hand, which can be difficult to do without training and practice. Letting your emotions take the wheel when defending yourself could lead you to say something incriminating to your own case and could further irritate the judge. The lack of basic legal knowledge and trial structure could also be damaging as you have most likely never presented opening and closing statements, interviewed a witness, or argued evidence. It is extremely important each of these elements are done correctly, which is why it is worth investing in someone who has trained for years to do so.

4. The Other Party Will Have A Lawyer

If you are defending yourself in a case, you have to fully accept the realization that the other party will most likely have a lawyer. This automatically puts the odds in their favor as you would be defending yourself against someone with years of legal expertise and knowledge. You want to give yourself the best chance possible to have a fair trial which is why you are given the right to an attorney. This right was given for a reason, so it is highly recommended you use it.

5. Hire An Expert

There are some things in life that require an expert to ensure it is done correctly. Rarely would you cut your own hair, do you own dental work, or build your own home. The court is no different. If you want your case to have the fairest outcome possible, it is highly recommended you hire an experienced lawyer to defend you. A lawyer will save you time, money, and stress in the long run and will be your partner to guide you through the extensive legal process.

Here at Barfoot & Schoettker, we provide an expert team of attorneys that are determined to pursue justice on your behalf. Contact us today through our website form or giving us a call at (334) 834-3444.

How to Build a Defective Product Case

Thu, 25 May 2023 14:36:53 GMT

How to Build a Defective Product Case

When purchasing a product, a consumer has every right to believe the item will perform safely and correctly when used per the manufacturer's instructions. Unfortunately, thousands of people every year find themselves a victim of a defective product.

If you have been injured by a defective product, you may be entitled to compensation by filing a product liability claim. The goal of these claims is to find what party in the supply chain is held responsible for the defect in the product before it reaches the customer for use. Defective product liability suits are put into three separate categories to help determine who is at fault.

Types of Defective Products

Design Defect

These types of defects result from an error in the original design of the product. In this case, even if the product was used as intended, it will still cause injury or damage to its user. Typically, the entire line of the products would then be deemed unsafe resulting in a recall. If there is a possibility for any potential danger in a products design, warning labels should be included explaining these risks. Lack of a warning label can also lead to a product liability lawsuit.

Manufacturing Defect

A manufacturing defect occurs during the assembly of the product. In this case, you would have to have been using the product according to the manufacturer's instructions, but a faulty component of the intended design is what caused injury. An example of this defect would be the brakes of your car being installed incorrectly at the factory. Here, it would only be one or a few products possessing the defect and unlikely the whole product line since it wasn’t an error in the initial design.

Marketing Defects

Finally, a marketing defect is when the product is marketed falsely, has inadequate warning labels, or instructions. The product must be deemed dangerous when used without a consumer being properly informed of the potential dangers associated. A popular example would be a medication not letting consumers know of a particular side effect. If you don’t know that a medication would make you drowsy, so you get behind the wheel of a car and cause an accident, that would be a marketing defect for the medication and you could receive compensation.

Establishing Your Claim

Now possessing the information needed to discover if you qualify for a defective products case, you can now learn about the process of establishing a claim. In Alabama, under the Alabama extended manufacturer’s liability doctrine (AEMLD), “you must prove that that the product reached the user without substantial alteration, and that you suffered injury or property damage due to a product's defective condition which made the product unreasonably dangerous”. A common claim used in a defective products case is strict liability.

Strict Liability

Strict liability is a popular claim in a defective products case because it requires the least amount of proof from a consumer than other legal claims. In this case, a consumer doesn’t have to show that they personally had any fault or negligence in causing the product to perform incorrectly. They just have to demonstrate that the defect in the product is what resulted in injury. Whoever is deemed at fault must have been able to anticipate that there was a potential for injury to the consumer when using the product. The anticipated use of the product should also be known to the manufacturer as well.

Other theories of liability that can be brought about when strict liability can not be established are negligence or a breach of warranty. When proving negligence, you must demonstrate that the at-fault party was careless in the creation, design, or marketing of the product. A breach of warranty occurs when the expressed or implied warranty that covers the product is broken.

It is the responsibility of every party in the supply chain to ensure that a product is safe and properly labeled with warnings before it reaches the hands of a consumer. If this process has failed you, and you have been injured due to a defective product, you may be entitled for compensation. Here at Barfoot & Schoettker, we are committed to bringing you justice and getting you the maximum amount of compensation. By choosing to partner with a lawyer for your case, we will save you time and provide expertise to guarantee you are establishing the correct claim to the party at-fault. Contact us today to get started by visiting our website form or giving us a call at (334) 834-3444.

Benefits of Hiring a Lawyer for an Insurance Claim

Thu, 25 May 2023 14:27:07 GMT

Benefits of Hiring a Lawyer for an Insurance Claim

When something bad happens, you expect your insurance, the thing you pay hundreds of dollars for each month, to compensate you properly. Whether you get into a car wreck, your house burns down or you slip and fall, insurance companies begin to pinch pennies leaving you to fend for yourself.

It is not uncommon for companies to misrepresent policies and claims to give you the short end of the stick. According to the AARP, 200 million insurance claims out of the 1.4 billion submitted yearly are denied.

Handling an insurance claim by yourself can be frustrating. Simpler claims can usually be handled without an insurance lawyer, but with claims that have more at stake, you need someone to advocate for you.

You will be more likely to need legal help with claims that you and the insurance adjuster do not agree on. Larger, expensive claims, such as damage to your house or claims where fault is hard to establish. With these complex claims, there tends to be a lot of miscommunication when trying to get information from insurance companies making an already confusing situation even more confusing.

Before you decide to take on a powerful insurance company by yourself, take a look at the benefits of hiring a lawyer for your insurance claim.

Boost Your Chances of Success

An experienced insurance lawyer has the knowledge about what it takes to win these types of cases. Your chances of winning your claim without proper representation is significantly lower than without.

Not having a lawyer may end up costing you more. Attorneys come fully equipped with knowledge of the law to give you the leg up against insurance companies. A lawyer is going to present your best case and knows how to challenge evidence.

When you hire an attorney, they will examine your insurance policy to determine your coverage and any payouts. Then, they will conduct a thorough investigation, audits and other documents to settle your claim dispute and ensure proper compensation.

Put the Stress on the Attorneys… It’s Their job!

You have already gone through something traumatic, the last thing you need is any more added stress. Insurance companies have made filing claims a daunting and time consuming task. When you hire an insurance lawyer, they will carry the weight on their shoulders making your life easier.

The law is not meant to be handled alone. Lawyers are legally responsible to put your needs before themselves, and you can have peace of mind knowing that you have someone in your corner who has your best interest in mind.

Insurance Lawyers Know What They Are Doing

Becoming a skilled lawyer is not an easy task. It takes five to seven years of rigorous coursework to receive the title, not to mention the extensive field experience then required to become a successful lawyer. Lawyers who specialize in insurance law handle these claims on a daily basis and are well versed in any and all issues that may arise.

Having an experienced professional on your side who knows that they are doing will help you take on these powerful insurance companies. What insurance companies don’t tell you is that in most cases, the representation of a lawyer results in significantly more compensation for victims, even after factoring in attorney fees.

Free Consultation

When you have been taken advantage of by your insurance company, and you believe you have been mistreated and denied reasonable coverage, it is important to have an experienced insurance law attorney on your side.

At Barfoot & Schoettker we offer free consultation and ensure effective representation with exceptional results. We stand up to the powerful insurance companies, with their seemingly limitless resources and large stables of lawyers. If you need help conquering these giants, call us at (334) 834-3444, or request a free electronic case evaluation.

Uber Passenger Guide: What to do if your driver gets into a car crash

Thu, 25 May 2023 12:03:08 GMT

Uber Passenger Guide: What to do if your driver gets into a car crash

Thousands of freelance drivers roam the streets waiting for someone who needs a ride to work or the airport. The only requirements for these drivers is a valid driver’s license and a four-door vehicle no older than 15 years. Drivers on rideshare apps are not professionals, they are just average people looking for a source of income.

With over 111 million monthly users, Uber has become a staple in today's society. People depend on rideshare apps to get them home safety after a night out, but what happens when that doesn’t happen?

Every year, there are more than six million car accidents that happen in the United States alone. You do not have to be driving a vehicle to be at risk. If you are using a rideshare app, like Uber or Lyft, and involved in a car crash, follow this guide to ensure you are properly compensated for your injuries and other damages.

Call 911

The first step after getting into any type of car accident is to dial 911. For every car accident, the police need to be notified, but depending on the severity of the crash, paramedics may need to be involved as well.

The 911 operator will dispatch an officer to document the accident and record any important details at the scene, including statements from all parties involved, photographs and even weather and traffic conditions. These details will be important if you need to file an injury claim or lawsuit against the ridesharing app or driver. Your attorney will rely on the accident report to make your case.

Get to the Hospital ASAP

Even if you do not think you are injured, you should still go to the hospital. People who visit the emergency room after a car crash can experience a wide variety of injuries from whiplash to internal issues like head trauma or spinal cord damage.

A trip to the emergency room after a car accident is extremely beneficial to your health, because some symptoms don’t appear right away. A car crash can be a scary experience and your brain will adapt to this by releasing adrenaline, which turns your body into fight-or-flight mode. Adrenaline can make your major injury feel like a minor injury.

If you decide to file a personal injury claim after a car crash, and wait to seek medical help, your claim will not be taken seriously. It is a big red flag for insurance adjusters when you do not immediately go to the emergency room after being in a car crash. The insurance adjusters will claim that if your injuries were as serious as you say there are, then you would have went to a doctor right away.

Report Accident to Uber

If you are a passenger in an Uber and your driver is involved in a car accident, it is important to notify Uber right away, especially if the accident was your Uber drivers fault. You can report the accident on Uber’s website.

If there is no formal record of your accident, you will not be able to seek money from Uber’s $1 million insurance policy. Dealing with rideshare car crashes can be complicated due to all of the parties involved, so the best thing to do is let an experienced personal injury attorney handle the case.

Barfoot & Schoettker is Here to Help

Car accidents and personal injury claims are confusing and stressful as is, but adding a ridesharing app to the mix makes it even more complicated. You do not need to fight these large companies on your own. Barfoot & Schoettker will thoroughly review the accident to determine who is held liable for your injuries, and ensure proper compensation.

If you are riding in an Uber or another ride sharing platform, and are involved in a car accident, call Barfoot & Schoettker for your free consultation today!

Here are some links to related information

Things to Know About an Initial Consultation With a Personal Injury Lawyer

Thu, 25 May 2023 11:52:11 GMT

Things to Know About an Initial Consultation With a Personal Injury Lawyer

A car accident, slip and fall or other unfortunate event, might feel like your world is turning upside down, but here at Barfoot and Schoettker we can help! Following a personal injury incident, you may wonder what the next step should be. A case evaluation with professionals like us will help to make certain you are taken care of and devise a proper plan to help acquire the correct compensation.

Once you have made the decision to meet and schedule an appointment you may be wondering what all will be discussed and shared in the meeting. Coming prepared to a first consultation is best to ensure that your case will be taken care of urgently and correctly. This is what we recommend knowing before coming to meet with us:

Understand personal injury and what we do

Personal injury involves damage to the body, as well as the mind and emotions caused by someone else's intentional or neglectful acts. Incidents such as slip and falls, dog bites, automobile accidents and more can be the cause of this type of injury.

A personal injury lawyer can fight to make sure that you receive fair payment and are not taken advantage of by insurance companies and large corporations. By compiling evidence and forming a plan to approach your specific situation, an experienced lawyer will be able to represent and present your personal injury case appropriately.

Bring everything

Like almost anything in life, it is best to be over than under prepared, and that applies to a free consultation with us! When learning about your specific situation and forming the foundation of a case, bringing any information, documents or evidence that might be helpful is vital. We suggest the following documents to pack:

Photographs and self taken notes of the injury or accident

Medical documents including X-rays, MRI’s and appointment visit notes

Retrieve any accident and police investigation reports

Witness contact information and statements

Any tickets or citations

While every piece of paper that you bring might not be investigated in detail at the initial meeting, it helps your personal injury lawyer to understand the incident and begin to build a portfolio of evidence.

Come with questions

Just as we will have plenty of questions for you, we know that you will be curious about us and our process. We will explain everything we believe and value along with the services we offer that best suit your needs, but having questions prepared so that you are not left wondering about anything is important. Questions that might help put your mind at ease include:

What are the next steps?
How long have you been in the business?
Have you dealt with cases similar to mine?

Choosing the best lawyer for your needs can be a daunting task, but we can ensure that if your case is taken on you are our top priority.

Prepare to discuss fees and next steps

It's important for you and your personal injury lawyer to be on the same page throughout the entire process. As the consultation nears the end the discussion of fees, court costs and more will occur. Understanding your and the lawyers expectations will help avoid any unnecessary speedbumps.

Once you have decided on your personal injury lawyer, paperwork will follow. A contract and documents allowing personal representation are needed for the professional to fight for your case while you recover. Besides paperwork, the next steps to start approaching your case in detail will be explained. Scheduling the following meeting, timelines for you to expect and additional materials that may be needed will also be talked through.

Here at Barfoot and Schoettker we have years of experience in cases ranging from personal injury to wrongful death. From the first meeting at the free consultation to the moment your case is closed, we are here to stand up for you every step of the way.

With us you are not just another number, you are a unique client. If you are the victim of a personal injury, contact us today for a no obligation free consultation.

Here are some links to related information

So You Have Been Served, Now What?

Thu, 25 May 2023 11:41:23 GMT

So You Have Been Served, Now What?

You have been served, but it’s not from your waiter. Instead a random person shows up at your doorstep, hands you legal paperwork and says “you’ve been served.” Before you have the chance to comprehend what just happened, that person is gone and you are left with a stack of paperwork full of legal mumbo-jumbo.

To be served means you have been given notice of a lawsuit. Unfortunately, many individuals find themselves receiving a lawsuit when they did nothing wrong. A lawsuit can be brought forth by a number of things, including a car accident or a slip and fall incident.

Whether you saw this coming or not, the process of being served can be scary and intimidating, and it is important to stay calm and take steps towards resolving the issue. Follow the steps below to ensure that you are doing all you can to create a favorable outcome:

Read paperwork carefully

The first thing you need to do after being served is figure out why you are being served, and never assume why you are being served. If your spouse is divorcing you, you might expect to be served divorce papers, but you could be getting sued for the car wreck you were involved in six months ago.

Some common legal notices are:

Summons and Complaints: you are being sued and if you do not respond, a default judgement will be filed against you
Subpoena: you are a witness in a case, a litigant or court demands that you testify
Restraining Order: a judge issues an order that keeps you from doing something

It is important to review all the paperwork and figure out what you are being called to do. Do not just skim through the papers, because you never know what terms could have been included without your knowledge.

Legal terms can be very confusing, especially to those not familiar with the subject. If you need assistance reviewing your legal notice, Barfoot and Schoettker offer free consultations to walk you step by step in this complicated process.

Check for deadline or court date

After you have been served, you will be given a certain amount of time to take action. The clock starts the second you are handed the papers. It is important to check and see if a court date has been set, because you will need to be present at this court or forfeit your right to argue.

These deadlines are extremely important. While extensions can be available for those who need more time, you need to be aware of the deadline so you can avoid forfeiting the case altogether. Typically, a forfeited case will not reach a decision in your favor.

Obey the order

Many times, being served means that an order has been enacted against you. You must obey these orders until told otherwise. For example, if you have been served with restraining order papers, you must not contact or come into contact with the petitioner.

When a court decides that you can not do something, it is crucial that you do not do it. You will face legal consequences if you fail to comply.

Call Barfoot & Schoettker

No matter what legal action is being taken against you, it is always in your best interest to contact an attorney. According to Linkedin, although having an attorney is not technically necessary, the odds will be against you if you try to represent yourself.

Representing yourself in court is not the best method. Trials can be messy and near impossible to navigate on your own. You will need an attorney to discuss the repercussions of the legal matter and decide on which option is the best to take. Always take this approach so that you can be sure that your rights will be protected.

Here at Barfoot and Schoettker, we provide free consultation and ensure aggressive representation, because we want to make sure that your rights are protected. We pride ourselves on providing an honest assessment of your options so that you can have the best outcome possible in all your legal matters. Contact our office today at, (334) 834-3444.

Just like Truck and Car Accidents, Lawyers are Not Equal!

If you have an injury caused by a truck accident and you’re looking for the right legal team to support you, contact Barfoot & Schoettker for your free consultation today. We practice personal injury law the way it should be practiced. We take pride in being good lawyers who help people.

Differences Between Truck and Car Accidents

Thu, 25 May 2023 11:14:11 GMT

Differences Between Truck and Car Accidents

Trucking accidents are defined as vehicle collisions involving tractor trailers, 18-wheelers, semi-trucks and other commercial vehicles. These large trucks are more prevalent on highways than ever before. Dealing with these types of accidents are a lot more troublesome than a “regular” car accident .

Truck Accident Injuries are much more Serious

Getting into an automobile accident is terrifying no matter the size of the vehicle. It is easy to determine the outcome between a semi-truck and an average car. According to the <https://www.iihs.org/topics/fatality-statistics/detail/large-trucks >Insurance Institute of Highway Safety, a total of 4,136 people died in large truck crashes in 2018, and 67% of those deaths were occupants of cars and other passenger vehicles.

You do not have to be a physicist to understand the law of force. These large trucks weigh 20 to 30 times more than an average car, and their size and weight naturally put them at a higher risk of causing accidents.

Trucks Carry More Insurance

Your personal car is insured according to your state’s coverage requirements, and the cost depends on your personal information and driving history. When you are talking about an 18-wheeler, it gets a little more complicated.

For semi-trucks, the coverage depends on many factors. One depending on whether they’re an owner-operator or if they’re leasing from a carrier. The price of their coverage depends on what they haul, how much their truck is worth, how far they drive, their age, their CLD experience and their credit history.

The insurance policies for large trucks are worth millions of dollars, and they don’t pay out easily. Don’t take on these big insurance companies on your own! Barfoot & Schoettker have an expert team of attorneys determined to pursue justice on your behalf.

Truck Accidents Have Greater Compensation

Because of the level of severity of trucking accidents, there is a higher compensation for victims. Like car accidents, truck accident victims have the right to be compensated for medical care, nursing home costs, rehabilitation, domestic services, and loss of earning capability.

Truck Drivers Follow Strict Guidelines

All personal vehicles follow state and local traffic ordinances, but semi-trucks have federal regulations to follow as well as having a commercial driver’s license. These trucks travel almost exclusively on highways and interstates, and must register with the Federal Motor Carrier Safety Administration and the Department of Transportation.

The guidelines established from these organizations regulate many aspects of truckers day-to-day activities including limits to driving time, mandated rest periods, required inspections and vehicle maintenance, and strict documentation rules.

There is More Evidence in Truck Accidents

When you get into a “regular” car accident, the lawyers involved will collect evidence after the crash including witness statements, photographs, security camera footage, police reports and more. However, when a commercial truck is involved, there is a whole other realm of evidence that needs to be secured.

Driver’s Evidence includes the driver’s qualifications and training files, documentation of driving time, inspection records, and post-collision drug and alcohol screening results.
Vehicle Evidence includes maintenance and inspection history and GPS tracking data.
Cargo Evidence includes weight tickets, trip envelopes, dispatch instructions, delivery documents and bills of lading.

Just like Truck and Car Accidents, Lawyers are Not Equal!

Filing a Wrongful Death Claim in Alabama

Thu, 25 May 2023 10:59:25 GMT

Filing a Wrongful Death Claim in Alabama

Wrongful death claims occur when someone is killed due to another person's negligence or misconduct. Sadly, negligence is all too common in today's society. More than 190,000 people die each year as a result of someone else's careless acts.

Losing a loved one is a painful experience, especially if it comes without warning and could have been easily prevented. No amount of money can bring your loved one back to life, but Alabama does allow the victim’s surviving loved ones to seek compensation through a wrongful death action.

If your loved one was neglected in any of these ways below, you may be entitled to a wrongful death compensation:

Who Can File?

To be eligible to file a wrongful death claim, the decedent's death must have been caused by the negligent or willful conduct of another person or entity. Unlike other states, Alabama does not allow family members of a deceased person to file a wrongful death claim. Instead, Alabama restricts the ability to file these claims to the personal representative of the deceased person’s estate. If the deceased person does not have a will, things become tricky.

For those with a will, a personal representative has already been named within that document. For those without, a personal representative will be appointed by the court after giving notice to all heirs and beneficiaries. This process usually takes a few weeks, but if any complications arise, it can prolong several months.

Process of Filing a Claim

Time is of the essence during the process of filing a wrongful death claim. Alabama’s statute of limitations sets a time limit for wrongful death claims. These claims must be filed within two years of the date of death.

Because this process has many moving parts and a quick turnaround time, it is wise for the personal representative to consider a wrongful death suit before it is too late. If you miss the deadline, you will be unable to recover compensation for the death of a loved one.

The process of filing a wrongful death claim can be stressful, especially when you just lost a loved one unexpectedly. To seek more information about the complicated process or speak to an experienced attorney, call Barfoot & Schoettker for a free consultation today.

Damages in an Alabama Wrongful Death Case

Alabama handles wrongful death cases differently than other states. Almost all states allow surviving family members to recover damages for economic losses such as funeral expenses, medical bills and loss of income.

The Alabama wrongful death law only allows for punitive damages, which has the sole purpose of punishing the defendant and helping to deter them from similar actions in the future. To obtain punitive damages, you must prove that the actions of the defendant were the cause of death and that they should be punished through monetary award.

Is it Worth Filing a Claim?

Losing a loved one is a very stressful time and the last thing you want to think about is dealing with a lawsuit. Our lawyers are here to remove the stress involved so that you can focus on dealing with the grief associated with the loss you suffered. If you have lost someone dear to you because of someone else’s careless actions, seek justice.

Barfoot & Schoetter want to help you get your life back to normal. Our lawyers have represented, in two separate house fires, the death of a loved one; One involving the death of a small child and the other involving the death of a young man. In each of these matters, we were fortunate to obtain confidential awards for our clients. We do not charge any fees or costs unless and until we win your case. We never settle your wrongful death case without your authorization. If a wrongful death has occurred to a loved one, you need to speak with a lawyer at Barfoot & Schoettker to understand the type of compensation available to you under the law. Contact us at (334) 834-3444.

Here are some links to related information

The Differences Among Federal, State and Local Offenses

Thu, 25 May 2023 10:39:58 GMT

The Differences Among Federal, State and Local Offenses

The United States has a three-tiered form of government with each tier having its own set of specific responsibilities, regulations and rules. These three tiers are the federal, state and local governments.

Each local government must adhere to its state’s laws while each state must adhere to federal laws. However, that does not mean that local and state governments cannot have other laws that are specific to their jurisdiction.

As a result of each form of government having its own legal system, there are differences in the types of cases brought to court and the procedures taken within each type. Oftentimes, cases can move from the local level to the state level and from the state level to the federal level when they are being appealed. The seriousness and importance of the cases increase each type they move up the judicial system ladder.

However, every time a case gets moved around and retried, the lifespan of it is greatly increased, adding to the stress and expenses of all those involved in it. For this reason, it is important to know the differences among local, state and federal jurisdictions and laws.

Local Laws and Offenses

According to the Tenth Amendment of the United States Constitution, all powers not granted to the federal government are reserved for the states and for the people. Local governments fall under “the people” category which means they have the right to pass laws and judgements among many other things.

There are two types of local governments: counties and municipalities. Counties consist of numerous municipalities who all have their own governing bodies including mayors and city councils. Generally, municipalities are in charge of park and recreation services, fire and police departments, public transportation, housing and public works. As a result, specific local laws and regulations usually center around these topics.

The majority of court cases that are handled at the local level are about violations, issues, questions and concerns regarding rent laws, local safety and local zoning. Although municipalities can enforce their own unique laws, they must also abide by all laws set by their states’ governments and the federal government.

State Laws and Offenses

State governments are structured to mirror the federal government with three branches: executive, legislative and judicial. Heading the judicial branch of a state government is a state supreme court. No trial will begin in state supreme courts, instead these courts focus on reviewing rulings made in lower state courts such as local courts. The decisions that state supreme courts make are usually binding unless overruled by a federal court.

State judicial branches also consist of appeals courts, circuit courts and special topics courts such as juvenile courts or probate courts. The majority of cases that are ruled on in state courts consist of issues regarding criminal law, probate law, family law, contract cases and tort cases.

Although states have the Constitutional right to make and enforce their own laws, they still must abide by federal laws. The federal government also has the power to overturn state court rulings.

Federal Laws and Offenses

Just like states’ governments, the federal government of the United States is broken into three branches: executive, legislative and judicial. The judicial branch of the federal government is headed by the Supreme Court which is the highest court of the country and the only court explicitly mentioned in the Constitution.

The majority of the cases that the Supreme Court handles are of an appellate nature, meaning that the cases have already been ruled on in lower courts. The Supreme Court usually does not hold trials, instead the Supreme Court Justices decide how certain laws pertain to the cases. The findings and rulings of the Supreme Court cannot be overruled and are binding.

Although it is uncommon, some court cases do originate in the Supreme Court. The highest court in the land has jurisdiction over cases that are between states or cases that involve diplomats and ambassadors.

The federal court system is also composed of the U.S. Courts of Appeals, the U.S. District Courts, the U.S. Courts of Claims and the U.S. Court of International Trade.

These courts rule on cases that involve bankruptcy, the constitutionality of laws, U.S. treaties and laws, public officials and issues surrounding Habeas Corpus. When filing a case, it is important to understand the differences among the court systems in the United States. Knowing what category to file your case under is also an essential part of the system.

Learning all the rules and procedures of the United States judicial system can be a long and tiresome task. However, if you hire the right legal team, they can do the hard work for you. At Barfoot & Schoettker, our knowledge staff will help you along every step of the way.

Here are some links to related information

Car Accident: How to Avoid a Tire Failure

Thu, 25 May 2023 10:18:03 GMT

Car Accident: How to Avoid a Tire Failure

Flat tires and blowouts can lead to dangerous road accidents. Frequently inspecting your tires to ensure that they are properly functioning and cared for can help to minimize the chance of tire failure. According to the National Highway Traffic Safety Administration, an average of 700 people are killed each year in a faulty tire-related car accident so frequently tending to your tires can greatly benefit your own safety and those around you.

Here are a few ways that you should inspect your tires to ensure they are properly functioning:

Inspect your tire threads

Testing your tire threads to determine if they should be replaced is easy and quick. According to Firestone Complete Auto Care, the penny test is a reliable method. This involves placing a penny in multiple locations of your tire thread and evaluating how much of Lincoln’s head is covered.

If the top of his head is visible, it may be time for tire replacements. If his head is partially covered you most likely have more time before purchase should be made. Periodically using this simple trick to test your tires will save you money and secure your vehicle’s safety. If you feel that your tires may need replacing, consulting a vehicle expert is recommended.

Check your tire pressure

Maintaining proper tire pressure is vital to your tire’s longevity and the car’s overall function.

Not only does proper tire pressure allow your car to drive smoothly, but it also gives your car the ability to reach maximum fuel efficiency. When tires are under-inflated they do not easily roll and therefore more fuel energy is required to propel the vehicle. Over time this extra fuel energy expense can compile into a large bill. It is also important to avoid over-inflating your tires. When tires are too full less contact is made with the ground and therefore the handling performance of the car is minimized.

Here is how to check and correct your tire pressure:

Consult your car owner’s manual to determine the correct pressure level for your specific vehicle. This number will be represented in the unit “psi” (pounds per square inch).
Locate the tire valve stems and unscrew them. Using the round end of an air pressure gauge, push down forcefully to allow enough air to escape for an accurate measurement reading. Read the guide to determine your current tire’s pressure level.
If the pressure is too high, you can release air by inserting the opposite end of the air pressure gauge into the tire valve stem. Only release small amounts of air at a time and frequently re-measure the pressure to ensure that you have not let too much out.
If the pressure is too low, you will need to locate an air compressor. These are typically found at a gas station or small units can be purchased online for personal use. You will set the pressure goal, attach the pump to your tire stem, and begin the filling process.

While this process may seem tedious, it can improve your overall car function, ensure that your vehicle is safe to drive, and help to avoid potentially dangerous flat tires or blowouts.

Watch where you drive

Bumpy roads with sharp turns and roads surrounded by construction might not be the best route choice. Bumpy paths can unevenly affect tires and construction site areas have the potential to contain nails and screws that can easily puncture your wheels. Attempting to avoid roadways that might inflict above-average wear and tear on your tires is recommended.

Not only does where you drive have an impact on your tires but how you drive does too. Reckless driving not only impacts the safety of those around you and increases your probability of being involved in an accident but it also puts unnecessary strain on your car and tires.

Evaluate your tire age

Just because your tires are shiny and don’t look particularly worn doesn’t mean it is not time to switch them out. Over time, the structural integrity of tires can decrease, causing safety hazards to those occupying the vehicle.

According to Safecar.gov it is recommended to have your tires fully inspected once they reach the age of five years and then annually thereafter. To determine the age you can inspect the tire identification number located on your tire. The week and year that the tires were manufactured are represented by the final four digits of this code.

Maintenance is key

Checking your tire pressure and driving on smooth ground is great, but with improper maintenance, your tires can cause car damage and become a major safety concern. Simple services such as rotating your tires every time your oil is changed may seem unnecessary at the moment but can save money and extend your tire life.

Car alignment inspections also greatly benefit your tires as it will help avoid uneven weight distribution that will eventually damage your tires.

Even when taking all precautions, accidents can still occur. If you were recently involved in a car accident, we at Barfoot & Shoettker want to help. Contact us today to schedule a free consultation so we can learn more about your case and how we can best assist you.

Everything you need to know about Filing a Lawsuit

Thu, 25 May 2023 10:07:43 GMT

Everything you need to know about Filing a Lawsuit

Determining if filing a lawsuit is the right next step for you can be difficult. It’s important to know and fully understand what all is involved in filing and following through with a lawsuit, prior to making the decision. Whether you are on the plaintiff or defendant side, the paperwork, time, and research that must be dedicated in order to construct a strong case can be time-consuming and overwhelming.

Here at Barfoot and Shoettker, we understand the details and processes behind filing a lawsuit and want to ensure that our clients feel prepared from start to finish. Here are a few things to keep in mind when exploring the idea of filing a lawsuit:

What is a lawsuit?

Before you can file a lawsuit or start the process, it’s important to know what you are doing and the type of case you will soon be involved in. A lawsuit is defined as a claim or dispute brought against another in a court of law. Each type of lawsuit comes with its own protocols, expectations, and challenges so it is best to define what you are dealing with early.

Do you have a solid case?

Understanding what is a strong case or the best angle to approach a lawsuit is important. Narrowing down the main issue and cause for concern should be done at the beginning so that everyone involved is on the same page and the case is able to smoothly move forward.

When it comes to some cases, it can be confusing to determining who is at fault and exactly what caused the desire for compensation. Thankfully, experienced lawyers are able to pinpoint the topic of a case, who to sue, and determine which route will lead to case success. It’s important to keep in mind that just because you may think you have a case that couldn’t possibly lose, there is a chance that you may walk away empty-handed.

Do you have the time and resources?

The lawsuit process can be extensive which is why a good first step when looking to file a lawsuit is hiring a reputable lawyer. Even if you have a deep understanding of the legal system, the common language used, and all that accompanies being involved in a lawsuit does not mean you should spearhead your own.

Having an outside source that can handle the paperwork, court appointments, and other necessary communication will help alleviate stress. The lawsuit process is constructed of multiple steps that many do not realize each requires research and planning.

What are you seeking?

When filing a lawsuit, many do not have a clear idea of the end goal. Whether the cause of the lawsuit is a car accident, workplace incident, or anything in between it is important to know why you are suing.

Sitting down with an experienced lawyer at the beginning of the process to evaluate your entire case in detail to determine the appropriate compensation that should be requested will give your lawsuit a strong goal. Entering the courtroom with a compensation goal that is simply unachievable will not only delay the lawsuit process but may make you seem uneducated or inexperienced. The lawyers at Barfoot and Shoettker want to ensure that you are granted the appropriate amount of compensation.

How Barfoot and Shoettker can help

Here at Barfoot and Shoettker, we want to help you every step of the way. As experienced lawyers, we know the ins and outs of the legal system and everything that comes along with it.

We have represented a variety of clients ranging across all case types. We understand the stress and emotional strain that a lawsuit can cause when trying to handle it alone. Contact us today to set up a consultation and learn more about how we can help you.

Not wearing a seat belt: Can you still recover damages?

Thu, 25 May 2023 09:56:20 GMT

Not wearing a seat belt: Can you still recover damages?

The evolution of seat belt laws in Alabama has been a long and complex journey. The benefits of wearing a seatbelt while in a moving vehicle are never-ending and have been shown to not only lessen the impact of accidents but also save lives. Here at Barfoot & Schoettker we care about the safety of our clients.

We know that insurance companies and other parties involved in cases may make it appear that no compensation should be awarded, but we want to evaluate your case to fight for any compensation that you deserve. We want to ensure that compensation is given when necessary and believe that a seatbelt should not stand in the way.

History

While seatbelts were not always required, each state now has laws to ensure that all passengers, of all ages are protected while traveling in a moving vehicle. According to Alabama Public Health, the beginning of seatbelt laws in the state date back to 1982:

1982: Children under the age of three must be equipped with a federal motor systems approved child passenger restraint system
1991: If the car is manufactured with seatbelts, the front seat occupant must have it properly fastened while the vehicle is in motion. Not using the seatbelt is a secondary offense
1999: the secondary offense associated with the 1991 law changed to a primary offense
2006: Children under the age of 15 must utilize a restraint system
2019: All passengers, both front and back seat, are required to utilize a seat belt

Seatbelt Safety

Seatbelts are there for a reason. While you may not think that you will get into a serious accident just down the road from your house or in general, there is always a chance and a seat belt can be the difference between life and death. Alabama Public Health states that:

When used correctly, seat belts reduce the risk of fatal injury to front-seat passengers by 45% and the risk of moderate to critical injury by 50%
Every hour someone dies in America because they were not wearing a seat belt
A common cause of death and injury to children is being crushed by unbelted adults

What if you failed to wear a seatbelt?

According to Alabama Code 2018 32-5B-7, Failure to wear a safety belt in violation of this chapter shall not be considered evidence of contributory negligence and shall not limit the liability of an insurer, nor shall the conviction be entered on the driving record of any individual charged under the provisions of this chapter.

Simply put, this means that if an individual does not wear their seatbelt, it can not necessarily be used against them as evidence of contributory negligence. It also can not be used against the plaintiff as evidence of the plaintiff’s failure to mitigate damages.

What does this mean?

So, while you should always wear a seat belt as a safety precaution, not wearing a seat belt does not limit the liability of the insurer and is not evidence of contributory negligence.

Here at Barfoot & Schoettker our professionals approach each case as their own. We understand that no two cases are alike and want to ensure that you receive the proper compensation. We have experience dealing with cases of all types including those dealing with car accidents.

If you or a loved one has been involved in a car accident and feel that compensation should be served, don’t let insurance companies or the other party try to stop you from inquiring. Contact us today so we can thoroughly evaluate your case and determine the best next steps.

Zantac Recall and What it Means for You

Thu, 25 May 2023 09:47:21 GMT

Zantac Recall and What it Means for You

While new products and prescriptions enter the market every year, so do new recalls and drug concerns. Federal announcements for the removal of products from shelves and stores can be concerning and should be taken seriously. These updates can be difficult to follow but should be followed in order to be aware of any potential side effects regarding medications you have in the past or currently consume.

Here at Barfoot and Schoettker, we want our clients to receive the justice that they deserve, no matter the type of case. As professionals in the industry, our goal is to fight for the compensation that is appropriate for you. We provide personal injury care, including any drug recall concerns you may have.

On April 1, 2020, Ranitidine, commonly known by the name Zantac, was ordered by the U.S. Food and Drug Administration to be removed from store and pharmacy shelves because of the N-Nitrosodimethylamine (NDMA) in it that has potentially harmful effects.

While the FDA had been testing the drug since 2019, the amounts or effects of NDMA were not known to be concerning at the time. It wasn’t until extensive tests over time were conducted to know that the recall was necessary because of the potential long-term effects of causing cancer.

The Food and Drug Administration (FDA) is the organization that is committed to “ensuring that the medicines Americans take are safe and effective. We make every effort to investigate potential health risks and provide our recommendations to the public based on the best available science.”

It is important to know the details of this drug and recall in order to know if you may be entitled to compensation.

What is Ranitidine

Ranitidine, or Zantac, is a popular heartburn medication that was available both over-the-counter and by prescription. Prescription ranitidine also treats more serious conditions like preventing stomach and intestine ulcers.

The Concern

According to the FDA, “the impurity in some ranitidine products increases over time and when stored at higher than room temperatures and may result in consumer exposure to unacceptable levels of this impurity.”

The reason for this impurity is because of NDMA, a human carcinogen, which can cause cancer, is found in Ranitidine. While NDMA is found in some foods and water, it is not harmful at low levels and has not been proven to cause cancer at these levels.

In addition to harmful effects at higher temperatures, even long term shelf storage and lengthy manufacturing time can cause an increase in the levels of NDMA in ranitidine. The older the ranitidine product is, the more concerning the NDMA levels are for daily intake.

According to Janet Woodcock, MD, of the FDA, “We didn’t observe unacceptable levels of NDMA in many of the samples that we tested. However, since we don’t know how or for how long the product might have been stored, we decided that it should not be available to consumers and patients unless its quality can be assured.”

What this Means for You

The FDA recommends not taking Ranitidine anymore as soon as possible and safely disposing of the drug. There are similar drugs to Ranitidine that have not been recalled famotidine, or Pepcid, cimetidine, or Tagamet, and many other alternative heartburn medications.

If you frequently took Zantac (Ranitidine) and have been diagnosed with any of the following listed cancers, you should call and speak with one of our lawyers today, you may be entitled to compensation.

Bladder Cancer and bladder removal
Colon Cancer
Prostate Cancer
Kidney Cancer and kidney removal
Liver Cancer
Stomach Cancer
Breast Cancer
Pancreatic Cancer
Ovarian Cancer
Esophageal Cancer

If you or a loved one has been given the diagnosis of one of the above listed cancers after taking a prescription or over-the-counter Zantac or other drug containing ranitidine, you may be eligible for compensation. Here at Barfoot & Schoettker, we want to ensure that you receive the proper repayment that you deserve. When you work with us we will closely evaluate your case and propose the best steps in order to receive justice. Contact us today to learn more about our process and discuss your case.

Here are some links to related information

Most common types of medical malpractice

Thu, 25 May 2023 09:37:58 GMT

Most common types of medical malpractice

According to John Hopkins , patient safety experts estimate that the third highest cause of death in the United States is a result of medical error. ABPLA states that medical malpractice occurs when a hospital, doctor or other health care professional, through a negligent act or omission, causes an injury to a patient.

Medical malpractice is a frightening topic that many are unaware of and often misinformed of their rights. Here at Barfoot & Schoettker, we understand the different types of medical malpractices and your rights. It is important to ensure that you receive the proper compensation if an issue does occur:

Failure to diagnose/misdiagnosis

Without a proper diagnosis, the correct treatment and recovery plan cannot be formulated or executed. Failure to diagnose is when a medical professional examines and tests the patient but does not diagnose them with the issue. A misdiagnosis is when the incorrect medical issue is expressed and treated wrongly.

This type of issue is malpractice because when an illness is not diagnosed or incorrectly diagnosed, the patient is not receiving the correct treatment and could potentially be receiving harmful treatments. This also results in the patient's illness to potentially worsen.

Improper treatment

When a doctor either treats a patient in a way that no other medical professional would or uses the correct treatment but administors it incorrectly, it may be considered malpractice. This improper treatment has the potential to harm the patient, cause long lasting issues and worsen the current condition.

Birth related

Birth injury malpractice comes in many forms, and compensation varies depending on case details. Here are three common types of birth related malpractice claims:

Birth injuries: When medical professionals act negligently during the delivery process of a baby, injuries can occur. While not common, birth injuries can result in trauma or even death of the mother or the child. Improper care such as lack of evaluating the child's oxygen level or the blood loss of the mother can be cause for lawsuit.
Wrongful Birth: This claim is made when parents feel that improper information or results were given relating to the mental or physical state of the child that would have caused them to avoid or terminate the pregnancy. Damages that relate to the cost of care needed as a result of the child's condition, along with compensation for the parents emotional injury is often fought for.
Wrongful Pregnancy: Wrongful pregnancy claims are made when parents feel that due to the negligence of doctors, methods to avoid pregnancy fail. Failed sterilization and abortions are two common wrongful preganancy claim drivers.

Prescription drug errors

When we are prescribed medication, we don't usually question the prescription when we pick it up from the pharmacy, but unfortunately sometimes the prescriptions we think we are picking up and consuming are incorrect. Here are a few of the common types of prescription drug errors:

Administering the wrong medicine dosage
Mislabeling medication
Not informing the patient of potential side effects
Administering the incorrect medication
Prescribing medicine the patient is knowingly allergic to
Prescribing medication that reacts negatively with medication the patient is already taking

These types of errors are potentially deadly and should be addressed to ensure you receive the compensation you deserve.

Surgical Errors

A variety of surgery related errors can cause death, negatively change the patients quality of living and extreme emotional impacts. Many believe that just because a consent document was signed, there is no way to fight it if something wrong is done. Just because consent is given does not mean that things can be performed incorrectly. Common surgical errors that lead to a claim are:

Improper amounts of anesthesia are administered
Avoidable organ damage
Leaving medical equipment and tools inside the patient
Performing an unnecessary or incorrect procedure

Medical malpractice can be scary and have lasting impacts on patients both mentally and physically. Medical malpractice comes in many different forms and can have lasting effects on more than just the patient.

Here at Barfoot & Schoettker we want to ensure that you receive the proper care and compensation you deserve from any medical malpractice experience. Our professionals are ready to work with you every step of the way from understanding your situation to determining the best next steps. Contact us today to make an appointment.

Here are some links to related information

What you need to know about suing over bed bugs

Thu, 25 May 2023 09:26:19 GMT

What you need to know about suing over bed bugs

According to PestWorld, one out of five Americans has had a bed bug infestation in their home or knows someone who has encountered bed bugs at home or in a hotel.Bed bugs, and the bites that result from them, can be scary and painful. Bed bugs are known to transmit diseases through their bites and should therefore be taken very seriously.

When staying in hotels, shared spaces or other rentals, it is important to inspect the space for pests prior to settling in. Dark, enclosed spaces are often hosts for bed bugs, so checking in those types of areas for signs of bed bugs could potentially save you from an infestation.

Here at Barfoot & Schoettker, we care about your well-being and want to ensure that if you become a victim of bud begs, you will receive the appropriate compensation. The infestation of bed bugs on yourself and person property can cause health issues and disturbances in other aspects of your life. Here is what you need to know about suing over bed bugs:

Confirm that they are bed bugs

Before beginning the process of a bed bug lawsuit, it's important to confirm that you are a victim of bed bugs and not an outside insect. Whether you suspect you are dealing with bed bugs in a hotel or rented condo, inspecting the space for signs of bed bugs will help confirm this. Pale yellow skins are an indication of bed bug shedding, red-black stains are signs of bed bug eggs and small black dots can be bed bug fecal matter.

Along with looking for signs of the infestation, confirming that your bites are from bed bugs will help. According to MedicalNewsToday, bed bug bites typically occur in the following areas:

Face
Neck
Hands
Shoulders
Arms
Legs

Raised, irritated, red, itchy bumps are common signs of bed bug bites. Taking a trip to a doctor will be able to confirm the insect that you are suffering bites from.

Types of Damages

It's important to know the different types of damages that you could be dealing with as a result of bed bugs.

Noneconomic: These damages would include intangible damages such as pain and suffering, emotional impacts and punitive damages.
Economic: These damages would include property damages, incurred medical expenses and lost wages that result from the issue.

If you have fallen victim to a bed bug infestation, we want to help. We understand how frustrating and painful bed bugs can be and want to ensure that you receive the proper care and compensation.

Here at Barfoot and Schoettker, we have experience in an array of lawsuit sectors. Our professionals are ready to evaluate your case and determine the best next steps. Contact us today!

Whiplash Compensation 101

Thu, 25 May 2023 09:17:54 GMT

Whiplash Compensation 101

Car accidents are not only frightening but can become an ordeal to deal with especially if extensive car damage occurs. Along with dealing with the physical car damage and determining who is at fault, physical injuries inflicted during the accident can add a layer of complication.

One of the most common physical injuries that is reported as a result of car accidents is whiplash. According to the Mayo Clinic, whiplash is a neck injury due to forceful, rapid back-and-forth movement of the neck, like the cracking of a whip. This injury can cause a wide range of symptoms that do not all appear immediately following the crash. Here at Barfoot and Schoettker we understand how overwhelming car accidents and resulting injuries can be to deal with. We are here to ensure that you receive the proper compensation that you deserve.

Whiplash Symptoms

There are a variety of symptoms that can present themselves as a result of whiplash. Pain and symptoms may not present themselves immediately so it is important to be aware of any signs and properly record and report them. According to John Hopkins Medicine, the following are signs and symptoms of whiplash:

Neck pain and stiffness
Increased pain with neck movement
Inability to move the neck freely
Headaches
Pain in the upper back, shoulder, or arms
Tingling or Numbness in arms
Fatigue
Dizziness
And others

The accident and whiplash claim

Protecting yourself after a car accident can be done in many ways and will ensure that you have the best chance to receive the proper compensation. The following are the proper steps to take following a car accident and when preparing to file a claim:

Visit a doctor: Even if you do not feel physically affected, visiting a doctor following an accident can help to determine if there are any underlying issues or potential issues to be aware of. Tests can be performed to determine if you are experiencing whiplash which can be beneficial evidence in the future. If a treatment plan for any injuries is formulated, it should be followed closely. Failing to abide by the treatment plan could indicate to insurance companies that your injury does not actually exist.

File a claim: Once you have been involved in a car accident it is important to file an insurance claim immediately in order to ensure any possible deadlines are met. When reporting an accident, including as many factual details that clearly explains the incident is vital to ensure the correct person is deemed at fault and the insurance company has a full picture of what occurred.

Document evidence: Taking photographs of damage, accident and interaction notes along with gathering any compiled documents is important to form a solid case. Police reports, medical test results and any car reports are all important to have when looking to file a case involving whiplash suffering.

Personal Injury Attorney: A whiplash case should not be tackled by just anyone. An experienced attorney who has knowledge of personal injury cases is the best person to have with you when approaching this type of case. Here at Barfoot and Schoettker, we want to be your partner every step of the way.

How we can help

If you or a loved one is experiencing whiplash as a result of a car accident, we are here to help. At Barfoot and Schoettker our professionals understand that no two cases are the same, which is why we evaluate and investigate each case in detail to best determine the proper compensation that may be awarded. Contact us today to learn more about how we can help.

Here are some links to related information

How a dog bite or attack case works

Thu, 25 May 2023 09:09:52 GMT

How a dog bite or attack case works

According to the CDC , more than 4.5 million people are bitten by dogs each year in the United States, and more than 800,000 receive medical attention for dog bites. Often unexpected, dog bites can be scary, painful and even result in death.

Here at Barfoot and Schoettker we want you to receive the compensation that you deserve regardless of the case type. If you have been involved in a dog attack case, here is an overview of how it should be handled:

Following the bite

Whether the bite was minor or severe, it is important to document everything in order to build a solid case. If the owner was present during the attack, make sure to exchange insurance information and get their personal contact information right away. If the owner was not present, take pictures of the bite and the site of the attack to ensure your story has no room for interpretation.

It is especially important to gather all the necessary information if the owner was not present. This piece of information could help prove a negligence case because the owner was not there to control their dog.

Following the attack, immediately visit the doctor to be treated. Keeping a record of these visits and all that is involved is vital to ensure that you receive appropriate compensation.

Next Steps

Once someone has suffered from a dog bite, there are many factors to consider when deciding who is held responsible. The laws vary from state to state, so understanding what your state’s liability entails is crucial to being entitled to compensation.

Some state’s follow a “one bite rule” where if the dog does not have a history of violence, then the owner is held accountable, but most states have a liability statute set in place with some provisions including the history of the dog’s behavior, owner negligence, trespassing and/or provoking the dog.

According to FindLaw, in Alabama, the owner is held strictly liable for a dog bite if it occurred on the owner’s property unless the dog was provoked. In this case, the owner would be held liable to the damages needed from the injured person.

These statutes are set in place, but there are exceptions to every rule. In Alabama, if the owner had no previous knowledge of their dog having dangerous or vicious behavior, the owner could be subject to only paying actual expenses of the bite instead of mitigation damages.

These exceptions can be detrimental to being fully compensated, so having an experienced and knowledgeable lawyer is key to being properly compensated for a dog bite.

How we can help

We believe each case, including dog attacks, deserve specific and personalized attention. We specialize in many types of cases, including personal injury, to help ensure you are properly awarded damages.

Here at Barfoot and Shoettker, our professionals are ready to help you no matter the case. We will work alongside you to gather information, form a case and support you every step of the way. Contact us today to learn more about how we can help you today.

Here are some links to related information

Can you sue a bar that over-served causing an accident with a drunk driver?

Thu, 25 May 2023 08:59:55 GMT

Can you sue a bar that over-served causing an accident with a drunk driver?

In the state of Alabama when a person becomes injured due to a drunk driver, they may be able to hold the causing party financially responsible. The laws regarding this specific issue can vary depending on whether the causing party is an individual also known as a “social host” or an establishment.

Here at Barfoot and Schoettker we understand the importance of receiving the justice and compensation that you deserve in any case. As experienced professionals we have handled an array of cases. Here are the details regarding if you can sue a bar that over-served therefore causing an accident involving a drunk driver:

Dram Shop Lawsuit

If Person A is driving after leaving the bar, where he was clearly intoxicated but was continuously served, and hits Person B then Person B can file a personal injury lawsuit against Person A and a dram shop lawsuit against the bar that over-served.

According to Alabama Code 6-5-71, “contrary to the law” if a person has been injured by someone under the influence they are able to seek damages against the person or entity that over-served them, resulting in a case referred to as a dram case.

In a dram shop case there are three parties that should be considered: the defendant, the plaintiff and the person or business that supplied the alcohol. When a person is continuously served even though they appear intoxicated or are not of age this law may come into play.

While the details of your case are unique to you, if you or a loved one has been involved in an intoxicated driver accident, we at Barfoot and Schoettker are here to help.

The Social Host

The person referred to as the social host is the individual who may have overserved the intoxicated party. If the individual person providing the alcohol to the responsible party was a licensed dealer then it could potentially be labeled as a dram shop case. If this is not the case, the person that served the alcohol can still be held liable. It is best to seek a professional, such as the ones at Barfoot and Schoettker to best determine how to handle your specific case.

The Damages

In these types of cases they are eligible to receive compensation for reasons such as:

The medical costs for injury treatment
Injury rehabilitation costs
The lost income experienced due to the case or recovery
The cost of damaged property, such as your car

These cases might also involve charges known as “punitive” which are used to punish the responsible party. No matter if you are dealing with a responsible business or individual, here at Barfoot and Schoettker we will work to fight for the appropriate compensation.

What is my timeline?

While contacting an attorney immediately is suggested, according to the Alabama statute of limitations you have up to two years to file a lawsuit, explained in Code of Alabama section 6-2-38. Your case will not be filed following this two year deadline.

How we can help

Being in an accident involving an intoxicated driver can be scary and overwhelming. Having to handle the case that follows can also be overwhelming and take time away from your recovery process.

Here at Barfoot and Schoettker we want to ensure that you receive the compensation that you deserve. We will work alongside you to ensure that your case is handled properly and efficiently. Contact us today!

Encountering a Defective Product: Here is What to Do

Thu, 25 May 2023 08:47:42 GMT

Encountering a Defective Product: Here is What to Do

We often put our trust in the products we purchase. Thousands each year have that trust broken due to dangerous products that cause harm and result in injury. Here at Barfoot & Schoettker, our goal is to put your best interest at the forefront of your case all while working to hold those accountable for your injury.

Dangerous products have proven time and time again to cause substantial harm to our society. Regardless of whether the product was purchased or something you simply encountered, it is important to know what to do if you or a loved one are injured as a result of a defective product.

1. Take care of your health

Here at Barfoot & Schoettker, we believe in putting our clients first. This is why the first step you should take after being injured by a dangerous product is to seek medical attention. Ensuring your health is of the utmost importance in regards to your general well-being as well as your case. Having medical records will provide documentation for your injury which will ultimately have a role in your case.

2. Keep and document the product

Keeping the product even after it results in an injury can allow the product to be used as evidence in your case. Documentation of the product can include pictures of the product before and after injury, notes and witness statements regarding the injury, and even sales receipts.

3. Determine the defect

In order to make a defective product claim, we must be able to prove that the product’s defect was as a result of one of the three following categories:

Manufacturing Defect
A manufacturing defect results directly from the manufacturing process. This type of defect includes either a flaw that occurred during production or is the result of production contamination.
Design Defect
This type of defect occurs, as the name suggests, as a result of a mistake or overall design of the product itself.
Marketing Defect/ Failure to warn
A marketing defect, or failure to warn as it is commonly referred to, often involves inadequate warning labels or instructions. This type of defect often prevents the product from being used precisely as intended or even safely which can then result in an injury.

If the product is faulty in ove of these categories, then almost any consumer product could be dubbed potentially dangerous and able to cause harm. The following list provides just a few of the many possible defective products:

Defective medical devices

Tainted food or beverages

Fuel fed fires

Defective motor vehicles or parts

And more

Our team at Barfoot & Schoettker has extensive knowledge about defective products and can provide you with additional examples if needed. If you are injured as a result of (but not limited to) one of the following examples, do not hesitate to reach out to our team at Barfoot & Schoettker so that we may help. Here is some additional information regarding defective products that might help you determine the defect.

4. Contact a lawyer and set up a consultation

When choosing a lawyer to help settle your claim, be sure that you select someone who truly has your best interests in mind. You will likely have many questions regarding your case. The right lawyer will be more than willing to help answer any questions you might have along the way.

Furthermore, your lawyer should specialize (or at least have extensive experience) in product liability claims. There are certain time limitations that come with this type of case. Here at Barfoot & Schoettker, we promise to serve you with honesty and integrity all while being aggressive inside the courtroom.

At Barfoot & Schoettker, our professionals are ready to help you no matter the case. Our firm was established on the basis of providing services to the community through honesty and integrity. We promise to serve you with these principles all while being aggressive inside the courtroom. Contact us today to learn more about how we can help you.

Here are some links to related information

Looking out for your Loved Ones: Nursing Home Neglect

Thu, 25 May 2023 08:18:58 GMT

Looking out for your Loved Ones: Nursing Home Neglect

Whether it’s a parent, spouse, or close friend, moving your loved ones into a nursing home is an emotional process. An elder who requires extensive assistance is often in need of the expert knowledge of proper care that family members often cannot provide. Nursing homes can allow older family members to live a more comfortable life during their final years.

Although it is a necessary decision for your loved one’s comfort, giving up your role of responsibility in their daily lives can be very difficult. However, there are many things you can do to ensure that your loved one is safe and well cared for.

Just because your loved one is no longer under your daily supervision, you still play a significant role in their safety and health. It is important that you are diligent in looking for signs of neglect in the nursing home. There are various types of neglect that can occur. We will walk you through how to spot them and the best legal action to take when these events do occur.

Types of Neglect

Neglect of Basic Needs and Hygiene

This type of neglect is when nursing home staff fails to provide basic health care and needs to your loved one. This includes not providing elders with safe food and water which can result in malnutrition and dehydration. Victims of this type of neglect could also experience lack of clean bedding, minimal bathing, and a clean environment

Medical Neglect

One of the most common reasons that families make the decision to place their loved ones in a nursing home is to make sure they are receiving adequate medical attention. Failing to provide any necessary medical attention is considered medical neglect. Examples can include bed sores due to lack of movement, untreated infections and injuries, or failing to administer necessary medications.

Emotional Neglect

Emotional neglect can be the most difficult to identify. Seniors in nursing homes are extremely vulnerable to depression, so their interactions with staff are vital in maintaining their mental health. Lack of emotional support and human connection for residents can be detrimental to a person’s mental health. This type of neglect can also occur when staff members fail to provide assistance or wheelchairs and walkers so that residents can communicate with each other.

Signs of Neglect

Cases of neglect among nursing home residents often go unnoticed. It is important to be aware of the warning signs you need to look out for to ensure the safety of your loved one. Nursing Home Abuse Justice listed the following as signs of neglect in nursing home residents:

Bedsores (pressure sores from lack of movement)
Bruises, broken bones, and other unexplained injuries
Burns, often accidentally self-inflicted
Dehydration
Loss of Sleep
Malnutrition
New or untreated medical conditions
Personal hygiene issues
Significant personality changes

It is crucial that friends and family are adamant in regularly checking in on their loved ones in nursing homes. Even in knowing the signs of neglect, it can still be difficult to detect among elders as many of them may experience serious conditions such as Alzheimer’s or dementia which may leave them unable to defend their story.

Pursuing Legal Action

Elders are a vital part of any community and have the right to appropriate care. When cases of abuse or neglect in nursing homes occur, it is important to quickly take action, seek justice, and prevent them from occurring any further.

Because the residents often spend a significant portion of their time alone with staff members, it can be difficult to prove neglect. Proving your claim will require a great deal of evidence and inspection. After reporting the neglect to facility authorities, legal advice is the best next step. Working with a qualified personal injury attorney will not only ensure that you understand your case, but ensure that you have gathered the appropriate evidence and are working within an ideal time span.

Medical records are a good place to begin gathering information. These should include detailed descriptions of any injuries, illnesses, or infections. However, a lack of these records can also be used as proof of neglect on its own. Another place to look is through the facility’s surveillance footage. If you start to suspect any neglect, begin taking photos of your loved one and the environment around them to use as proof for your claim.

Nursing homes are a place of comfort and care for loved ones and should be trusted facilities. When this trust is broken, it is imperative to take legal action to protect your family members. At Barfoot and Schoettker, our professionals are prepared to evaluate your case and determine the best steps for you. Contact our team today to learn more about how we can help you!

Here are some links to related information

Philips Sleep Apnea BiPAP/CPAP Recall - Potential to Cause Cancer

Thu, 25 May 2023 07:38:45 GMT

Philips Sleep Apnea BiPAP/CPAP Recall - Potential to Cause Cancer

Medical devices are designed to improve a patient’s comfort and quality of life, but every year many companies recall products due to faulty design or manufacturing.

It is crucial to follow Federal updates to understand the potential side effects of everyday products you may be using, and know what to do when you do encounter a defective product. Philips BiPAP/CPAP machines have the potential to cause cancer. If you or a loved one has been diagnosed with cancer after using one of these machines you should contact Barfoot & Schoettker immediately.

The medical equipment company Phillips has recently announced a voluntary recall of their bi-level positive airway pressure (bi-level PAP), continuous positive airway pressure (CPAP), and mechanical ventilator devices in response to potential dangers that have occurred as a result of potential side effects from these machines. Phillips is a large manufacturer of the devices, so many people will be affected by the recall.

Phillips has produced over three million devices using PE-PUR sound abatement foam. After conducting testing, they have determined that there are potential dangers that can stem from this particular type of foam. The foam can degrade and enter the device’s airway ultimately off-gassing certain chemicals that may be inhaled by the user. This degradation may be caused by incorrect or improper cleaning of the devices or high heat and humid environments.

What side effects can you experience from the affected devices?

There are a variety of potential risks from exposure to particles of degraded foam and chemicals from off-gassing. Risks of exposure to degradation include headaches, respiratory issues, inflammation, nausea, and possible carcinogenic effects. Exposure to the off-gassed chemicals may be toxic and could create potential risks of certain types of cancer.

What is Phillips Doing to Fix the Problem?

The recall was issued to inform patients of possible concerns and provide instructions on what actions to take. Phillips has created a registration process to look up your devices and begin a claim if they are affected. Affected devices will be replaced by Phillips or repaired with the new materials. The current sound abatement foam will be replaced with newer and safer materials.

What Should you do if you use a Device Affected by the Recall?

Depending on the device being used, patients have different instructions on how to proceed with treatment. Patients who use BiPAP and CPAP machines are instructed to stop their use of the machine and consult with their doctor and equipment provider regarding the safest next steps for treatment. For patients who use the affected ventilator devices, instructions include continuing to use the life-sustaining device until consulting with your doctor to discuss alternatives.

Here are some links to related information

A Guide to Settlements and Claims

Thu, 25 May 2023 07:00:43 GMT

A Guide to Settlements and Claims

Starting the process of litigation by filing a claim can be confusing and overwhelming. If you don’t understand the process, the confusion only increases as the case progresses. It can be challenging to decide if settling your case or taking it to trial is the right next step. Fully understanding the terms and processes for settlements and claims will allow you to make decisions that are best for your case and will ultimately instill your confidence in the legal process.

At Barfoot and Schoettker, we believe in loyalty and honesty. We know that our line of work can be difficult to follow. This is why we make it a point to communicate with our clients every step of the way. We care about our clients and want them to be educated on their case which is why we have provided a guide to settlements and claims.

Claims

Claims are the first step in any legal process. A claim is essentially a declaration that someone has wronged you in some way or owes you some form of property. The person who files a claim is referred to as a claimant. If the claim turns into a lawsuit, the claimant is then referred to as the plaintiff, and the person that the claim is filed against is referred to as the defendant.

There are many types of claims that can be filed. Legal claims are the most common types of claims that are filed. These types of claims, which are also known as personal injury cases, demonstrate how the defendant has caused the claimant to suffer a loss or an injury of some kind due to negligence. Each type of personal injury case has its own specific process for claims and settlements. The damages that the claimant hopes to receive in these cases are expected to make up for the loss that was suffered. Equitable claims are seeking an injunction that will prevent a future injury that would be caused by the defendant from occurring. The desired outcome of this type of claim is known as equitable relief.

The claimant files a claim by submitting a case to an insurance company. The claim is filed through a statement of claim that expresses what the claimant’s case is and what evidence they are using to support the claim. The amount of detail you should provide in the evidence is up for debate, but it is best to put enough facts for the judge and the defendant to clearly understand the case. The evidence that is included in the case is crucial to the success of the claim. A claim will not be approved if the evidence is not substantial enough. Claims can also be submitted by directly filing a lawsuit against the defendant. After a claim is submitted, the defendant is required to respond to the claim typically within 30 days.

Settlements

The word settlement in Latin means “to be unwilling to pursue.” A settlement is essentially the act of settling a dispute without a trial. The best time to settle a lawsuit is before it goes to court. However, the lawyers are constantly communicating with each other and the judge throughout the process of litigation and can decide later on if settling is the best option based on the strength of their case.

A lawsuit can be settled for many reasons, but the most common reason is cost. Going through a full trial with a case is not only an expensive and lengthy process, but it is also emotionally draining. Before a case goes to trial, the parties participate in a process of discovery where each party presents their evidence for the case. Discovery allows the parties to gain information from each other that can be embarrassing or harmful to their relationship. Secrets are often exposed during discovery that can publically damage a person’s reputation which is often a contributing factor to why many cases are settled before they go to trial.

During the process of a settlement, the plaintiff and the defendant negotiate a deal that will resolve the issue at hand. The plaintiff is usually seeking some form of payment from the defendant to compensate for the loss that they have endured. Each party must decide whether to offer, accept, or decline a settlement. Once a settlement is decided, a contract is put in place to ensure the parties complete their part of the settlement agreement.

How we can help

Our experts at Barfoot and Schoettker are experienced in a variety of cases and are willing to help you with any of your legal needs. We want to be a legal partner that you can trust. We promise to be aggressive in the courtroom and fight to help your voice be heard. We know that the process of litigation can be long and stressful, but we are here to help you through it. Contact us today for a free consultation!

Here are some links to related information

Understanding Legal Jargon: Common Terms Explained

Thu, 25 May 2023 06:39:19 GMT

Understanding Legal Jargon: Common Terms Explained

Perhaps you’ve been in a car accident or your family is suffering from a wrongful death. No matter the reason, it so happens that at this point in time, you’re seeking legal counsel. You’ve already identified a legal issue that needs to be addressed, but you aren’t sure how to navigate the rocky terrain of legal jargon that accompanies pursuing legal action.

That is why we have taken the time to define some of the most common legal terms you are likely to hear from your lawyer and within a court of law. While your lawyer should ensure that you understand the elements of your case, it never hurts to educate and familiarize yourself with the legal jargon that will inevitably arise.

Who’s who?

Understanding the terms associated with different people is essential when it comes to learning more about the elements of any case.

Plaintiff – The plaintiff is the person that initiates a lawsuit against someone else. For example, in the event that your vehicle was hit by a drunk driver and you sought legal action against the driver, you would be the plaintiff.
Defendant – The defendant is the person, company, etc., that the lawsuit is being brought against. Using our example from above, the driver would be the defendant.

Types of Lawsuits

If you have endured some kind of wrongful action, you may believe you have the grounds to pursue legal action, but you aren’t sure what kind of suit you need. These are some of the most common suits you will hear about.

Medical malpractice – In this case, a healthcare provider has caused an injury or in the worst cases, a death, with a patient due to negligence or insufficient standards of care.
Wrongful death – A wrongful death is a death caused by the negligence of another person. Relating back to medical malpractice, if medical malpractice led to a patient’s death, their death would also be considered a wrongful death since if it was the result of the practitioner’s negligence.
Negligence – We’ve discussed negligence, but what exactly is it? Negligence is defined by Barberi Law as the failure to act with the degree of care that the law requires to protect other people and their interests, which often leads to injuring others.
Premise liability – Premise liability litigation is a bit of a broad category within the realm of personal injury law. It essentially refers to “slip and fall” accidents, wherein a person can prove that an injury they sustained was the responsibility of the owner of the property where they were injured.

Miscellaneous Terms

These are terms that, while common, can fit into a number of scenarios and categories. They are just as important as the other legal jargon we have already discussed, which is why they are important to be familiar with.

Affidavit – An affidavit, as defined by the US Court Glossary, is a written or printed statement made under oath.
Damages – Damages are the amount of money that a client can recover in a lawsuit.
Counsel – Simply put, this is legal advice. It can also used to refer to the lawyers in a case.
De facto – This is a Latin phrase meaning “in fact.” If something is de facto, it exists in fact but not as a matter of law.
Settlement – A settlement is the act of settling a dispute without a trial.

How We Can Help

Navigating the legal world can be difficult, that’s why we are here to help make sense of all the jargon and ensure you receive the help you need. Our experts at Barfoot and Schoettker are experienced in a variety of cases and are willing to help you with any of your legal needs. We want to be the legal partner that you can trust. We promise to be aggressive in the courtroom and fight to help your voice be heard. We know that the process of litigation can be long and stressful, but we are here to help you through it. Contact us today for a free consultation!

Emotional Distress: A Guide to Compensation Following an Accident

Thu, 25 May 2023 06:05:25 GMT

Emotional Distress: A Guide to Compensation Following an Accident

Broken bones and auto damage are obvious after-effects of a car accident, but most people do not consider the emotional toll a traumatic event like this can cause.

Many people deal with numerous psychological side effects that can occur after being involved in a car crash, and often these are the issues that linger the longest. What exactly is emotional distress, and how can a lawyer help you with this issue after your accident?

Emotional distress c an be categorized by any of these problems:

Post-Traumatic Stress Disorder
Loss of/Inability to Sleep
Anxiety
Depression
Fear of Driving/Getting in a car
Loss of Appetite
Anger/Guilt

What to Do When Struggling With Emotional Distress

If any of these symptoms apply to you or a loved one following a car accident, the good news is there are ways to receive compensation for the distress you are dealing with.

1. Seek Professional Help

In terms of recovery, it is always wisest to look to the advice of medical professionals to confront and treat any issues that have arisen. Psychiatrists and therapists can help you deal with the stress of an accident and prescribe medication to help get you back to a more emotionally stable state. When building a case on emotional distress, these prescriptions and proof of counseling can also help your chances of receiving compensation.

2. Rely on Loved Ones

Those closest to you might not always understand what exactly you are going through. Since these people care about you, they are often the ones who see you struggling. It is important during an emotionally stressful time to rely on your loved ones so they can help you get through this period in your life. Establishing a support system can serve a reminder during difficult times that you are not alone in what you are experiencing.

Your loved ones can also provide testimonies to affirm the issues you have been facing which can provide support for your case. Those nearest to you are the ones that can attest to your struggles which can make your case stronger. Maybe your siblings, parents, or a significant other can see that you lose sleep at night, have lost interest in things you used to love, or that you now tend to isolate yourself. Having people that are around you to provide support to your emotional distress can make a substantial difference in your case.

3. Understand That Struggling is Normal

It can be frustrating to understand why exactly psychological problems present themselves after an accident. Many people can feel like it is uncommon to experience emotional distress following an accident. This can often leave many feeling isolated when these issues occur. However, the very fact that you can receive compensation for something like this is proof that it is not as uncommon as you may think. Focus on taking care of yourself and your emotional wellbeing first, and know that there are people that are willing to help you through this difficult situation.

How to Build Your Case

If you have been struggling with emotional distress, there is hope for you! Emotional distress cases are built on evidence which can come in multiple forms including:

Personal testimony
Letters from loved ones/those close to you
Witness testimony
Prescriptions for psychological issues
Proof of counselor visits/professional diagnosis

Studies have shown that psychological issues that arise from car accidents can linger much longer than any physical damage the accident may have caused. Post-Traumatic Stress Disorder is a common example of emotional distress that can cause you to feel the need to avoid being in or around a car. This, in turn, can interfere with many other aspects of your life. Being able to vocalize the after-effects of your accident can make your case stronger, more understandable, and plausible for compensation.

Concrete proof is the very best evidence for psychological damage. If you have been seeing a therapist or have been prescribed any kind of medication to cope with stress or other mental health issues, this can serve as evidence to your claim and can prove your need for compensation.

When building a case following an accident, there are several factors that play into it. However, if emotional distress is something you’re coping with, you may have little to no energy to educate yourself on these procedures. Barfoot & Schoettker wants to assist you in this process, help you understand your legal rights and answer any questions you may have.

How A Good Lawyer Can Make All The Difference

When dealing with emotional distress, you need to seek a lawyer that is willing to listen and understand your problems. Our lawyers at Barfoot & Schoettker realize that the most important thing following a car accident is recovery. We want you to feel emotionally prepared as we tackle your case and work to get you the compensation you deserve.

When considering a lawyer, it is important to find someone that is experienced and also comforting. You can rest assured knowing that our lawyers are well-versed in auto accident cases and want to make sure you get the support you need. We strive to make you feel as comfortable as possible while also getting down to the root of your issue.

If you are struggling with emotional distress, don’t just deal with your pain in silence. Let us help you get the compensation you need following a car accident. Contact us today for your free evaluation.

Here are some links to related information

What To Do After An Injury At Work

Thu, 25 May 2023 05:47:57 GMT

What To Do After An Injury At Work

Most people feel comfortable attending their job on a day to day basis and often do not consider the chances of being involved in a work related injury. This is likely because of the safety measures many companies employ and the comfort level employees have at their workplace. Occasionally, employees can be injured on the job regardless of the businesses effort to make the workplace safe.

If you are injured in an accident at work, you have the right to ensure that you are legally compensated based on the work-related injury. Every state has a different system in place which is why it is important to consider speaking to an attorney to learn about the different options or benefits you could receive.

What is Considered an on the Job injury?

An on-the-job injury is an accident or illness you experience while working during your employment under your proprietor. These illnesses or injuries can include: physical injuries, occupational illnesses, repetitive stress injuries, and even psychological injuries.

The most common workplace injury is a physical accident that results from personal work, other people's actions, or general workplace accidents. A workplace injury should not be taken lightly and can be quite significant when it comes to your ability to work and your quality of life.

You Have Rights

Step 1: Report Your Injury

After an injury at work you have certain rights that should be considered before moving forward. The first thing you should do to protect your rights is report your injury to your work employer. When doing so, look into how long your state gives you to report your injury. Some offer only 24 hours for reporting while others offer as long as 30 days. Any accident that takes place at the workplace should be reported because your report could help motivate your employer to implement new safety measures that are necessary to ensure your coworkers' continued safety.

Step 2: Consult a Doctor

After suffering a work-related injury you have the right to obtain medical care from a doctor. You also have the right to get medical treatment with your own doctor, but in some cases, employers may have a physician that specifically handles work related illnesses or injury.

If your doctor clears you for work you also have the right to return to work without fear of punishment or termination resulting from your illness or injury, and you are also entitled to short/long term disability compensation if you are unable to return to work.

Step 3: File a Claim

Because of workers’ compensation laws, you have the right to file a claim for an illness or injury that happened on the job. You also have the right to file for all other claims that are available to you regardless of whether you are eligible for a workers’ compensation claim.

If you believe poor safety controls or dangerous conditions were the cause behind your injury, you have the right to move your case outside the workers’ compensation system and into a personal injury lawsuit.

Workers Comp Insurance vs Personal Injury Lawsuit

Workers’ compensation is a legally mandated system that serves as a form of insurance to provide wages or medical benefits to employees who have experienced an injury or illness. To gain these benefits, the employer gives up the right to sue for negligence in civil court when taking workers’ compensation.

A personal injury case is a legal dispute that comes from an employee that experiences harm from an accident or injury that someone else might be legally responsible for. This means that you can sue an entity or person whose negligence was the direct cause of your injury in court. In a personal injury claim, you are entitled to recover all the damages you lost as well as benefits for pain and suffering.

The main difference between the two is in a workers’ compensation case, the injured employee does not have to prove fault on part of the employer to gain compensation. With a personal injury case, however, proven fault is required. You cannot file a personal injury claim and a workers’ compensation claim for the same injury unless someone other than a co-worker or a defective product caused your work injury.

Common Work Injury Mistakes

Not reporting as soon as possible

One of the biggest mistakes an employer can make when injured at the workplace is not notifying their employer about the accident. Even if you are not physically injured, you are required by law to notify your employer of any incident in a timely manner. Because some employees do not immediately see any symptoms or feel harmed at the time of the accident, they often fail to report it only to have an injury become apparent days later.

Not reporting the full injury

The easiest way to receive the maximum amount of benefits for your work-related accident is to disclose all of your injuries at once. Not seeking treatment for all of your injuries makes it very difficult to receive fair compensation. If you wanted to report an injury weeks later the insurance company could dispute your claims or accuse you of fraud.

Being the only one without Representation

It is incredibly important to work with a lawyer on a work-related injury case. Lawyers provide knowledge and assistance on the legal proceedings and help ensure you are adequately compensated for your injuries. Not having a lawyer could put your case at a huge disadvantage. It is likely that your employer or insurance company will have a lawyer to defend their side of the case, so it is important that you have someone with the same knowledge and experience who can advocate for your injuries.

When suffering from a work-related injury, knowing your next steps and options can have a big impact on your ability to receive the correct form of compensation or benefits. At Barfoot & Schoettker, we will actively work to understand your needs, show compassion, and be aggressive in the courtroom. Our smaller firm size provides us the opportunity to truly focus on your case and provide you with a personal service. Let our attorneys help navigate you through the process of your work-related injury today.

Here are some links to related information

What’s the difference between personal injury and workers compensation?

Thu, 25 May 2023 05:22:11 GMT

What’s the difference between personal injury and workers compensation?

If you are injured while at work, it can be difficult to determine how to best go about getting the compensation you deserve. Most victims either file for workers compensation or a personal injury lawsuit, however, there are a few distinctions between the two. It is important to understand these differences because they can potentially impact the compensation you receive.

What is it?

Workers’ Compensation

Workers’ compensation is a form of insurance provided by your employer that covers the medical bills and lost earnings resulting from being injured while performing a work-related task. However, if you choose to file a workers’ compensation claim, you are giving up your right to sue or file for personal injury.

Personal Injury

Personal injury is a type of lawsuit that can be filed when an injury is inflicted directly by someone else when performing work-related tasks. When filing for this type of lawsuit, you must be able to prove that someone else acted negligently and was the cause for your injury.

What are the differences:

Fault

In Alabama, you must be able to prove fault in a personal injury lawsuit, and that’s where we can help. If someone caused your injury, you can file a lawsuit in order to win the compensation for the damages you have received. When filing a personal injury claim for an incident that occurred at work, you must be able to prove that a co-worker was showcasing negligence to inflict your injury while performing work-related tasks.

However, when filing a workers compensation claim, you don’t need to prove that someone is guilty for causing the accident or injury. Companies have workers compensation insurance to cover their employees’ medical bills, lost wages during time of leave, and rehabilitation expenses if necessary. Likewise, workers compensation will cover any death benefits for employees who are killed on the job.

If you are filing a case, it is extremely important to get the medical attention you need immediately to determine any resulting injuries and make records of the injuries you are making claims on.

Damages

There is also a key difference in the damages that can be won when filing either a personal injury or workers compensation claim.

Workers compensation awards monetary compensation for the injuries and missed pay during recovery after a work-related injury. More specifically, workers’ compensation only covers related medical bills, missed pay, permanent disability benefits, and rehabilitation expenses.

With a personal injury lawsuit, our attorneys at Barfoot & Schoettker will fight for your compensation to cover all damages incurred. These damages can include lost earnings, lost ability to earn, pain and suffering, and loss of enjoyment.

Suing rights

Once you file a workers compensation claim, you have given up your right to file a personal injury lawsuit. When utilizing workers’ compensation you are gaining monetary compensation for the damages incurred in exchange for your employer’s liability immunity.

If you are unsure whether or not someone is responsible for all or part of your work-related injury, give us a call, and we can discuss your options. We offer free consultations and will fight for your rights to fair compensation for your case.

How We Can Help

When suffering from a work-related injury, knowing what type of claim to make can heavily impact your ability to obtain the correct compensation and benefits. At Barfoot & Schoettker, we will actively work to understand your needs, show compassion, and be aggressive in the courtroom.

Our small law firm will provide you with lawyers who truly care about you and your case. We want to win you the compensation you deserve and will make the process as easy and stress-free as possible. Let our attorneys help navigate you through the process of your work-related injury today with a free, no-obligation consultation.

What to Do After a Car Accident

Thu, 25 May 2023 05:12:37 GMT

What to Do After a Car Accident

If you have ever experienced a car accident, you understand the feeling of overwhelming panic that comes when you are unsure of what your next steps should be. When this happens, emotions can be at an all-time high. Remaining calm and keeping these important actions in mind can help you determine how to effectively move forward.

Steps to Take After An Accident

1. Stay at the Scene

The first step you should immediately take following a car accident is to stay on scene. If someone has been seriously injured or significant damage has occurred to either car, leaving the scene could result in criminal penalties such as charges, a suspended license or even jail time for you and the other passengers. There are multiple reasons that could lead to someone deciding to leave the scene. Some people may feel worried for their safety, are scared of being caught, or may be afraid of conviction for their part in the accident. Staying at the scene can help preserve the accident so anyone who needs to investigate can look at what happened in detail.

2. Check on Passengers Safety

Passenger safety is crucial and is typically the most immediate thought that comes to mind after an accident. After checking yourself for injuries, check on the other passengers in the vehicle to make sure they do not need help or medical assistance. If you and the others involved do not notice any injuries, calling for medical attention right away can still prove to be an important and necessary step. This is because some injuries can often take days or weeks for symptoms to become present.

If the accident was minor and you were not injured, drive your car to a safety zone so that you do not obstruct traffic. If the crash was more severe, try to leave the vehicles where they are. Injuries should be carefully considered at this time. Removing passengers with severe injuries could actually do more harm than good. It is important to allow medical professionals to assess the situation to determine whether someone is capable of being moved. If you are on a busy street or highway, try setting up markers to notify oncoming traffic of the accident.

3. Call the Police/Exchange Information

After an accident, by law, you are required to call the police so emergency personnel can be dispatched immediately. Police officers create an accident report that contains the details of the incident which can be useful for future claims.

It is also important to exchange information with any other drivers. This information can include names, numbers, and other basic insurance information. This will allow you to get in touch with those involved for reasons like insurance claims.

4. Do Not Admit Fault

Because of the situation, it can be easy to feel immediate fault following a car accident even if it is untrue. Regardless of fault, try not to admit guilt unintentionally because it may not be clear what occurred until the police come to the scene. A good rule to follow is to wait for the police to disclose what happened in the accident.

Alabama follows a “contributory negligence” rule that states you cannot receive any compensation for damages if you are found to have any fault in causing the accident. This rule makes it crucial to stay silent at the scene to avoid false claims that could take place in the future.

5. Inform your Insurance Company

Your next step after talking to the police is to inform your insurance company of the incident. Collect and record as much information about the accident as possible from videos and pictures. This can help the insurance company understand the extent of the accident and show any proof of injuries or car damages rather than relying on only the report. Gathering vehicle information such as year, make, and license plate number can also prove to be useful to insurance companies as they file your claim.

You should be sure to ask your insurance company about obtaining your property damage valuation after the report is filed. This includes anything that was damaged in the car wreck such as your car and personal property. Be prepared to talk to the insurance company more than once because they will most likely have to follow their own procedures as well and investigate the accident.

6. Consider Hiring an Attorney

If you are unhappy and feel like the other party is taking advantage of the accident to receive unfair compensation, you should consider hiring an attorney. You can maximize benefits for yourself and get an expert in the field that can help defend you. Your attorney may advise you to file a lawsuit. With this, you can recover the damages that an insurance settlement may not provide to you.

In Alabama, there is a statute of limitations that states you have two years from the time of the accident to file a lawsuit to receive compensation. In the chance that you are found guilty of causing a fault in the accident, you are responsible for providing the victim with compensation for damages that are outside your insurance policy limit.

How We Can Help

At Barfoot and Schoettker, we understand how frustrating a car accident can be when it comes to personal injuries and car damages. We can protect the rights that you are entitled to. We are not afraid to fight insurance companies for you. Our team of experienced car accident attorneys are dedicated to helping you easily transition back into your everyday life. Contact us today for a free evaluation of your claim.

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Legal Advice For College Students

Thu, 25 May 2023 04:44:53 GMT

Legal Advice For College Students

The years spent in college are often some of the most exciting, busy, and fun times in a person’s young life. With these new experiences can sometimes come legal trouble if you are not careful. The best thing you can do for yourself when preparing to begin your college career is educate yourself on some of the major violations college students run into, how to avoid them, and what these mistakes may cost you in the long run.

There are a few different categories to consider when educating yourself about common legal issues college students may face. The majority of legal issues college students face include:

Alcohol offenses

Traffic tickets

Local state laws

Renting agreements

Legal Issues Involving Alcohol

For obvious reasons, running into legal trouble relating to the use of alcohol in college is one of the most common issues students deal with during their time at school. The best way to prevent any unwanted interference with the law is to drink responsibly and be aware of some of the common charges you may face as they pertain to alcohol. This will allow you to be as safe and responsible as possible.

Some common laws college students often violate are:

Open container

Driving Under the Influence

Minor in Possession

Public Intoxication

As a general rule of thumb, most places consider it illegal to carry alcohol in public with an open lid. Though there are a few exceptions that have legal, open carry laws, it is always a good idea to keep your alcohol closed and concealed in public spaces to avoid a run in with the law. If you choose to drink, make sure you have made plans for getting home or to a secondary location. You should never choose to drive after drinking. Having a blood alcohol content of .08% or more will result in a DUI which is a very serious offense.

If you are under the age of 21 and get caught with alcohol in your hand or in your general vicinity - even if it is not yours - you could be given a citation for minor in possession. Public intoxication is another major offense you need to be aware of and consider when drinking. If you are inebriated in a public area, a police officer has the ability to arrest you for public intoxication. This charge is extremely serious and will require you to attend court to discuss a potential punishment for your actions.

Traffic Tickets

Traffic violations can be a potential issue anywhere you go. It is best to be prepared for what to do if you receive a traffic ticket during your time in college. Always be aware of and abide by the speed limit. Try making a mental note that speeds may be lower than normal on roads surrounding your campus. Wearing your seatbelt every time you get into a car is the best way to ensure personal safety as well as prevent unnecessary fines. A lack of public parking is a big issue for college students that can often make parking tickets a common occurrence. Make it a point to research the city you attend school in and their local laws on parking violations, as many will increase the fine for each violation.

When you receive a traffic ticket, you have a few options on how to go about dealing with it from paying the fine on time, hiring an attorney, or talking to the court to requesting permission to attend driving school. The best way to address any situation involving the law is to do thorough research and talk to an expert.

Local Laws/Out of State Students

If you are attending school outside of your home state, it is imperative that you are informed on the local laws your university and the surrounding areas abide by. These may differ from what you are used to. Knowing the local law will help you avoid any unwanted legal encounters.

Many out-of-state students attempt to earn residency in the state they attend school as a means to relieve stress related to out-of-state tuition. However, it is always best to do your research before embarking on this journey because it can be a lot of effort, and residency laws differ from state to state. Ultimately, this will affect multiple aspects of your life including state and federal taxes and voting regulations. It is important to know how to proceed so that you do not unintentionally break a law.

Renting Agreements

When looking for a place to live, you will most likely end up signing a short-term lease for anywhere from 6 months to 1 year. Make sure to read and comprehend all of the terms of your lease to avoid any legal trouble down the road. It is also important that you are aware of the circumstances that would allow you to break your lease. A lease is a legally binding contract, so consider consulting a legal professional before you sign any documents that you are not fully informed on.

One of the things that makes college such a unique experience is that you will probably find yourself having to share your living space. When entering into a situation like this, it is important to anticipate any potential issues that may arise in order to be fully prepared.

Living with roommates can sometimes be a tricky situation to navigate. Before you begin your time living together, make sure to have discussions with your roommates and get any agreements you make in writing. Whether it be addressing who gets to take the furniture when the lease is complete or even what responsibilities belong to each of the roommates, make sure that these are understood unanimously.

Consequences For Illegal Actions

As a college student, there are numerous reasons to be well-informed about the consequences of breaking the law. College is a time of preparation for your goals, and a lot of hard work goes into that. One misstep can have lasting consequences on your future if you are not careful. Staying informed will build responsibility and allow you to avoid any of these consequences:

Academic suspension

Campus housing suspension

Delayed graduation

Federal student aid revoked

Grad school implications

Future job implications

How Barfoot & Schoettker Can Help

In the event you do find yourself in legal trouble, the best thing you can do is talk to a good attorney that wants to fight for you and is well versed in all kinds of legal issues. Barfoot & Schoettker’s experts are experienced in various different types of legal issues and are willing to advise you in the best way possible. Contact us for a free consultation today to determine how we can help you with your legal trouble.

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Steps to Take If You Are Falsely Accused of a Crime

Wed, 24 May 2023 17:58:01 GMT

Steps to Take If You Are Falsely Accused of a Crime

Have you or someone you know ever been falsely accused of a crime that you believe you did not commit? Are charges being made against you with no guarantee of being dismissed in the future? If so, it is important to take the right steps to fight these unfair charges and take the correct actions to protect yourself.

A false allegation is a crime that occurs when someone is accused of a crime that they did not commit. No one ever thinks they will be wrongfully accused of a crime until it actually happens. These types of allegations happen more often than not and learning what to do before it happens can help save you time, money, and even potential jail time. See below on what to do when being accused of a crime that you did not commit.

Hire an Attorney

The first important step to take when you believe you have been falsely accused of a crime is to recognize the importance of the situation. You shouldn't assume your innocence will be proven without additional help, because that may not happen. Hiring legal protection early in the investigation can help preserve your rights while also advancing the case's evidence and investigative search, increasing the likelihood of a favorable outcome.

A trusted lawyer can listen to your experience without passing judgment or jeopardizing your confidentiality. This is due to attorney-client privilege, which refers to a rule that preserves the confidentiality between an attorney and his or her client. From there, a lawyer can advise you on which action to take to help defend and protect your name. Legal advice may be to remain silent, conduct an investigation, file a civil suit, or even impeach the accuser.

Say Nothing

Remaining silent is crucial to the case if you have been falsely accused of a crime. Although it may be tempting to scream your innocence, staying silent can help you avoid any possible inconsistencies in your story that can be used against you in the future. Make sure to avoid speaking with the police until you have hired or spoken with a lawyer. It is important to let the lawyer be the voice for you. Avoid contacting the individual who has accused you, and if possible, keep away from them completely until the issue is resolved.

Resist the urge to use social media, whether that be through personal accounts or even speaking to news channels. If the case has the potential to have massive media coverage, staying off the grid can help protect you from claims that could be held against you.

Gather Evidence

After hiring an attorney, you should begin gathering evidence that may help to validate your story. By conducting a pre-file investigation you can gather all forms of evidence that is done before criminal charges have been filed. Evidence can come from photos, videos, clothing, research, witnesses, and much more. Any evidence that can be presented before charges are made can help prove your innocence in the crime and make it hard for the opposition to place blame on you.

File a Civil Suit

If you believe the accuser's acts were motivated by malice and were later found to be innocent, you may be able to file a civil suit complaint. If the defendant created an illegitimate case because of an ulterior motive, you may be compensated for inflicted damages. This might include economic damages like attorney expenses and medical bills, as well as non-economic damages like embarrassment and loss of reputation.

What Not to Do

When false accusations have been made, it can be easy to let your emotions run high, making the situation worse. Avoid doing any of the following:

Do not tamper with any evidence that could potentially be incriminating to you as it may lead to criminal charges in the future.

Consent to any testing or DNA tests without your lawyer present. Even if you believe this will be the determining factor in your innocence you should consult with your lawyer first.

Talk to the victim of the case or witnesses who may be involved.

Talk to law enforcement or investigators without a lawyer or a lawyer present as anything said can become incriminating to you.

How We Can Help

Here at Barfoot & Schoettker, we value open and honest communication with our clients and understand how the law can affect every case. We work with you in any case, small or large, to reach a reasonable goal both inside and outside of the courtroom. We believe that each case deserves the personalized attention that a smaller firm can give you. Let us aid you the way you deserve and expect. Contact us today to see how our lawyers can help achieve justice for you.

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Types of Birth Injuries and Cases

Wed, 24 May 2023 17:33:02 GMT

Types of Birth Injuries and Cases

Have you or your baby sustained injuries from childbirth? Birth injuries refer to trauma to the mother or the baby before, during, or after childbirth. While some birth injuries can be prevented or avoided, childbirth is risky and there are multiple things that could go wrong during the process. Minor birth injuries typically require little medical assistance and often resolve on their own. However, more serious injuries can have lasting effects on either the mother or child.

If you or your baby have sustained injuries due to childbirth, you can file a medical malpractice lawsuit and could be eligible to receive compensation. Sometimes these injuries could result in death and in this case you can file a wrongful death lawsuit. In both instances, these injuries could be avoided if the doctor had provided the proper care.

Risk factors

Because babies are so young and small, they are extremely susceptible to an injury before they are born. There are a number of factors that could increase the chance of the baby or the mother suffering an injury during birth. Your obstetrician should be aware of these risks and do everything possible to prevent causing harm. However, accidents can occur during childbirth which is why it is crucial to understand these risks and the injuries that could be associated with them.

Macrosomia- occurs when the size of the baby is larger than the typical size of a baby at its age. The larger size could cause problems because of the pressure the baby experiences during childbirth.
Cephalopelvic disproportion - occurs when the size of the mother’s pelvis is not ideal for labor.
Breeched delivery- the baby’s position is upside down which means that the baby is much harder to deliver.
Short or extended labor
Premature babies
Deliveries that use forceps or a vacuum
Excessive pulling

Birth injuries

Some birth injuries are caused by mistakes made by the doctor who is performing the delivery which is known as medical malpractice. In these cases, the plaintiff must prove that malpractice has occurred and been able to provide an explanation of how the baby or the mother has been affected by the malpractice.

Brachial Palsy - occurs when the nerves in a baby’s hand or arm are damaged, restricting movement in the arm. While immobility usually lasts up to a few months, permanent damage could occur if there is a tear in the nerve.
Cephalohematoma - occurs during birth and results in a large bump or swelling on the head and sometimes bruising could appear around the bump. This is a fairly common injury that usually resolves in a few weeks but could last up to a few months. Serious cases could result in jaundice.
Facial paralysis - occurs when a nerve is affected in the baby’s face during birth, resulting in temporary facial paralysis. This injury typically goes away but more serious cases might require surgery.
Fractures - occur when the doctor has trouble delivering the baby. Fractures can seem serious and scary, especially for a newborn, but the injury usually resolves in a few weeks as new bones form.
Subconjunctival hemorrhage - occurs when a blood vessel in one or both of the baby’s eyes breaks. This forms a red ring around the outside of the iris. The redness typically fades within a few weeks.
Hypoxic-ischemic encephalopathy - occurs when the baby's body does not have enough blood flow during delivery. The intensity of the mental and physical effects on the body depends on the duration of blood and oxygen loss.

How to avoid injuries

Although it is hard to avoid, there are a few steps a mother can take to reduce the risk of complications during birth. Exercising is vital throughout the pregnancy to ensure that the mother is healthy and happy, but it is especially important as the due date approaches. Regular exercise during pregnancy can regulate your body and help you adjust more easily to being in labor.

While general exercise is useful, targeted exercise is necessary to strengthen the pelvic muscles. Avoid anything that could weaken your pelvic muscles such as straining or constipation. Some of the risk factors that come with childbirth could be avoided through a cesarean delivery, but this procedure comes with its own set of risks that could put the mother in danger.

How Barfoot and Schoettker can help you

At Barfoot and Schoettker, we know that having a child is a tremendous experience, and trying to go through the process of filing a lawsuit is too overwhelming on your own. That is why we are here to help you through this stressful time.

While some attorneys only offer services in one area of law, we specialize in criminal and civil litigation. This means that we excel at medical malpractice and wrongful death cases. Our licensed professionals will fight for you every step of the way to ensure that you and your family receive justice for the pain and suffering you have experienced. If you believe that you or your child has suffered from medical malpractice, contact us today for a free consultation.

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Insurance Bad Faith: What to Know

Wed, 24 May 2023 17:25:50 GMT

Insurance Bad Faith: What to Know

When dealing with issues that involve your insurance company, it is important to be informed of your policies and be able to recognize when an insurance company is acting in bad faith. If you suspect bad faith from your insurance company or simply want to educate yourself before getting into turmoil, read up on our short guide to insurance bad faith.

Qualifying “Bad Faith”

It is important to be able to recognize what your insurance company may be doing that could qualify as acting in bad faith versus simple mistakes that can be easily fixed. When an insurance company attempts to avoid its obligations to a customer to avoid paying a claim, they are acting in bad faith.

This may look like a misrepresentation of an insurance claim contract’s language to a policyholder in the effort to avoid paying a claim. Failure to disclose the full terms of a policy-- including limitations and exclusions-- is also classified as bad faith. Another instance includes an insurance company making unreasonable demands on a policyholder to provide proof of a loss that should be covered. Insurance companies can act in bad faith in different ways. If you suspect foul play, you should consult a lawyer to see if you might be able to make a case.

Are You Experiencing Insurance Bad Faith?

Being educated in this area of malice is wise as an insurance policyholder. This helps you enter discussions with your insurance company prepared so you can ask the right questions about things you agree to. It is important to recognize that bad faith can happen in every sector of insurance policies- health insurance, auto insurance, life insurance, homeowner’s insurance, etc.

Some of the most common instances where insurance bad faith occurs include when an insurer fails to promptly reply to a policyholder’s claim, which is considered an act of negligence. Insurers should also let the policyholder know why they are refusing to pay a claim or only partially cover it. If an insurer is ignoring evidence that supports the need for a policyholder to file a claim, this is also considered acting in bad faith.

If you are experiencing a slight disagreement with an insurance company or a difference in opinion over the loss amount for a claim, these things are not necessarily considered bad faith. Insurance bad faith can and does happen, but it is important to understand what qualifies versus what doesn’t. This is when having a lawyer is helpful. We can help you differentiate between the two and get you the representation you need.

Solving a Bad Faith Insurance Case

If you suspect you may have been the victim of insurance bad faith, it is imperative that you speak to an experienced lawyer to help you build your case. Many states have laws addressing insurance bad faith or unfair claims practices acts. Educating yourself on the laws within your state is also an important practice if you suspect this may have happened to you.

Some state laws will have clauses that require insurance companies to pay additional damages for acting in bad faith in addition to covering the initial claim. In some cases, a jury may also move to award punitive damages to a wronged policyholder in an effort to discourage the insurance company from acting in this way again.

How Barfoot and Schoettker Can Help

Our experts at Barfoot and Schoetter specialize in several different aspects of law and provide various different kinds of services. We have plenty of experience fighting for the rights of policyholders who have experienced coverage disputes, insurance recession, failure to defend, and insurance claim denials, among others. We are your trusted resource to provide effective representation and exceptional results.

If you suspect insurance bad faith with your insurance company, contact us today to speak with one of our professionals. Let us come alongside you in your legal journey and empower you to receive the compensation you deserve.

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Personal Injury: What are the most common injuries in the winter?

Wed, 24 May 2023 17:16:37 GMT

Personal Injury: What are the most common injuries in the winter?

Cold weather, warm fireplaces, holidays, and so much more are all associated with the winter season. However, despite all of the joy, it is also one of the busiest times of the year for injuries and accidents. Slips, car accidents, and other types of injuries are very common due to cold weather conditions such as snow and ice. Winter can be dangerous, so it is important to be extra alert and seek compensation for damages that can be minor to even life-threatening.

Take extra precautions this winter season to ensure you are able to enjoy a happy and injury-free holiday. We've compiled a list of the most common winter accidents that can cause injury and even lead to lawsuits.

Motor Vehicle Accidents

Car accidents in the winter are common for a variety of reasons. Rain or ice can make road surfaces slippery and visibility can be reduced by fog, mist, rain, or snow, making driving unsafe. With shorter daylight periods and earlier sunsets, visibility can decrease even during rush hour, leading to more frequent traffic accidents. It is vital to drive carefully at all times, especially in harsh winter weather conditions.

Anything can happen during a road crash and some accidents can result in serious injuries that can have lifetime consequences. If you believe an accident you were involved in was due to negligence, you could be compensated for personal injury by filing a lawsuit .

During the holidays, drunk driving is more common with the increase in parties and social gatherings. This is a bad combination that can lead to packed cars and the possibility of drunk driving. Alcohol can impair your vision when you drive and with harsher weather conditions in the winter, the likelihood of getting involved in an accident is higher.

Slip and Fall

The number of slips and falls always increase as the air becomes colder and streets and sidewalks become covered with snow and ice. Despite the common fall injury, more serious injuries such as spinal cord or brain injuries are more likely to occur if one does not take precautions. This can be seen more in older generations who have difficulty in movement, making them more prone to injuries in the winter. Wearing appropriate footwear, walking slower, shoveling your sidewalk, and avoiding walking distractions are a few ways to help prevent slips and minimize potential threats.

Falling from a ladder is another common injury that is seen more in the wintertime. Whether you're hanging holiday decorations or clearing snow from the roof, being high off the ground is a risk and can result in injury if a fall occurs. Remember to use a sturdy ladder that is set on even ground and remain in your window of reach when you are moving. If able, get another person to stand at the bottom of the ladder to hold it down, keeping it sturdy as you climb.

Dangerous pollutant poisoning

During the wintertime, you may be tempted to buy or turn on an unvented or vent-free heating appliance to help reduce heating costs while also being easy to use. But, these heaters actually release dangerous pollutants into the house such as carbon dioxide, carbon monoxide, and water vapor. More individuals are poisoned by CO than by all other poisons combined. Gas heaters emit very little carbon monoxide when they are properly maintained and adjusted.

To help reduce the risk of dangerous pollutants, use only approved gas heaters with ODS pilots while also avoiding the use of unvented heaters in confined spaces. Follow all maintenance and operation instructions carefully and try to clean it on a yearly basis. You might also consider purchasing a vented gas or electric heater, which allows pollutants to escape to the outdoors via a vent pipe.

Burn and Heater Accidents

When the winter season arrives, space heaters are utilized to help warm up a place. Despite their convenience, they can be extremely dangerous in our houses. In close proximity to space heaters, It can be easy to accidentally burn yourself. It can also be common for heaters to overheat, making them more likely to spark a fire.

Many people cook more often during the holiday season and forget to practice kitchen safety. The majority of burns are small and heal on their own, but certain burns are more serious than a first-degree burn and require medical attention.

Winter is a great time for bonfires and smores; however, this adds an increased risk if done improperly. Handling a fire can be dangerous to anyone, so make sure to take extra precautions next time you want to start a fire. If not properly monitored, lighting a fire inside or having an outdoor fire pit might result in sparks or burns. Because gasoline might be unpredictable, avoid using it as a starting agent.

How We Can Help

At Barfoot & Schoettker, we recognize that the majority of these injuries are preventable and many of the factors that contribute to them could be the result of negligence. If that is the case, we can help seek compensation through a lawsuit to get what you deserve this winter season. As a well-established law firm, we can assist you in recovering damages for lost wages, pain, and expenses resulting from a personal injury. Contact us today to see how we can help you.

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Gaining Support During a Wrongful Death Case

Wed, 24 May 2023 17:02:58 GMT

Gaining Support During a Wrongful Death Case

Every year, it is estimated 98,000 people are killed from preventable medical errors. Wrongful death is a type of claim where another person can be held liable for your loved one’s death. These types of claims are often committed due to negligence. Losing a loved one is a tragic event and it might be comforting to know there is support from your local law firm. Wrongful death cases can shock the family and friends of the deceased and Barfoot and Schoettker Law is here to help you understand the support you have access to.

One of the hardest parts when dealing with a wrongful death case is not receiving the compensation you deserve. There is no amount of money that can bring back what was lost, but there are many ways to receive support.

Wrongful death claims can include:

Car, plane, and boating accidents
Medical malpractice resulting in death
Exposure to hazardous conditions
Workplace accidents
Liability accidents

Support from a Personal Injury Lawyer

After the loss of a loved one, the mourning families need time to heal together. This can be hard with the copious amounts of paperwork and claims with wrongful death. A personal injury lawyer will be able to support you during this hard time and will take care of the tedious paperwork. By offering free consultations, lawyers are able to show that they truly support and care about the well-being of their clients. A good personal injury lawyer will not close the case until they are sure you are satisfied with their work. At Barfoot and Schoettker, our attorneys always have your best interest in mind.

Support from the State of Alabama

When evaluating the damages for a wrongful death case, the State of Alabama only allows you to recover punitive damages. This can be challenging to evaluate and difficult for the loved one to process. In Alabama, the award of punitive damages is based on the facts surrounding the wrongful acts of the defendant and the loss of financial support the deceased provided to others. Therefore, the law focuses on the acts of the defendant and the financial support provided by the deceased. This is a way the state of Alabama shows support, making sure that the deceased is accurately represented.

When You Can File

In Alabama, the personal representative of the estates of the deceased is the only one that can file a claim. Certain members of the deceased family have the priority to be the personal representative for the first six-month. After the expiration of six months, any adult can file with the Probate Court to be the personal representative of the estate.

You have two years after the date of the person’s death to file a wrongful death lawsuit in Alabama. Therefore, the sooner you take action, the better. Two years seems like a long time, but once you miss that deadline, you are unable to receive compensation for the loss of a loved one. At Barfoot and Schoettker, we never want to see you denied the compensation you deserve.

How We Can Help

Located in the capital of Alabama, we are readily able to represent clients throughout the entire state. Our attorneys cater their cases specifically to each client. Looking at needs and even personalities, we build a genuine relationship with each of our clients. Because our company believes in honesty and integrity, we will make sure you understand your case and what to accurately expect. Our attorneys will not sugarcoat the situation, but they are able to understand how to take care of the client correctly.

Barefoot and Schoettker law firm has extensive experience with wrongful death cases. The partners recognize that no amount of money can replace the loss of a loved one. Another way the law firm shows support to the families is by offering free consultations. Barfoot and Schoettker will never settle your case without making sure you are satisfied with their work.

Contact Barfoot and Schoettker today for more information and get the support you need!

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Documents to Gather After Your Car Accident

Wed, 24 May 2023 15:51:06 GMT

Documents to Gather After Your Car Accident

It can be hard figuring out what documents you need to keep track of in order to make a solid case after a car accident. Being in a car accident is a stressful event even if it didn't result in injury. Having these documents will benefit you when talking with the insurance companies. If you were injured during your accident, then your claim is even more reliant on presenting evidence that the other driver was at fault. It also bodes well to show evidence of said injuries as proof of pain and suffering.

Once it's time to settle your claim, your lawyer will put together a demand package outlining your claim to send to the insurance company. They will need to know a lot of information surrounding the accident. The documents you’ll need can become taxing to find, especially when you don’t even know where to start.

So what documents should you bring to your injury law attorney to help strengthen your claim? Here is a list of 8 of the most important things you’ll need:

1. Photographs

If it's not too late, photograph everything. This includes the wreck, your injuries, and any other damages . Pictures are a great way to visually show the details of an accident. They are also typically timestamped and geotagged which proves legitimacy. To make them easier to find in the long run, create a folder to store all your pictures in. Pictures can show the scene immediately following the collision, pairing well with verbal statements and making a stronger case.

2. Copy of Police Report

When the police came to the scene, they should have drafted an incident report. This report includes information like:

The officer’s opinion on the cause of the accident
A sketch depicting the positioning of the pedestrians and vehicles in the wreck
Statements

To get a copy of the police report, you will need to provide details of the accident (date, location, people involved, officer at the scene) to the police agency that arrived at the scene. With this information, you can request a copy of the report.

3. Statements

At the scene, the responding officers should have taken statements from all parties involved in the wreck as well as witness statements if there were any. These statements should be found in the police report. The insurance companies may also seek their own statements from witnesses. You have the right to copies of all of these statements from the police and insurance companies.

4. Tickets and Fines

It is possible that a ticket or fine was given to the guilty party at the scene. If so, that information can be found in the police report or by asking the local law enforcement officials. These tickets and/or fines can help show the insurance company that there should be no doubt about who is at fault.

5. Info Provided at Scene

You may have exchanged information with the other party involved in the accident. This information may include:

Names
Telephone numbers
License plate number
Insurance information
Car information

There may also be camera footage of the accident. If you can get a hold of the recording, it can also help show the insurance company visual proof of what actions really took place.

6. Proof of Insurance

Proving proof of insurance to your personal injury lawyer is necessary because your policy will show how much coverage you have for your claim. You may be in a situation where the other party involved in the accident does not have insurance. If this is the case, don’t worry, a compensation claim can still be filed through your insurance company.

7. Medical Records and Bills

If you sustained injuries during the accident, you will need to gather the medical records and bills that came with that. These can include an ambulance ride, ER consultation, x-rays, prescriptions, etc. You should also look for a record of the doctor’s diagnosis. Don’t forget to also provide your personal injury lawyer with your health insurance or Medicare/Medicaid since these are likely what covered your medical bills.

8. Records of Loss of Money

On top of your medical bills, also include other related bills or proof of loss of money. If your injury required treatment or unpaid time off work, grab those records. The receipts and bills from your medical treatment show that you continuously sought out help. If you had to take time away from work, find documents showing the time you missed and how much money you lost. These records all show the insurance company how much compensation you deserve. Find any records relating to:

Pain and suffering
Lost Wages
Property Loss
Emotional Distress

How We Can Help

At Barfoot & Schoettker, we don’t just see you as a number. We want you to get the compensation you deserve after your accident. Don’t try to take on the insurance companies by yourself. Let us take them on for you. As a smaller firm, we can give you the personalized attention that you deserve. While you focus on recovering from your accident, we will settle your claim for you. Contact us today to set up a free and confidential consultation.

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Demand Packages: How they can help your case

Wed, 24 May 2023 14:15:20 GMT

Demand Packages: How they can help your case

Around 70% of people with personal injury claims receive compensation. In order to secure a payout, your personal injury lawyer will compile a demand package to send to the insurance company. The success of your case is heavily reliant on the strength of your demand package. Filing a personal injury claim can be very stressful, so we want to help you understand everything you need to know about demand packages.

What is a Demand Package?

A demand package is a set of documents that help inform an insurance company of what really occurred during an accident. This package will be filled with evidence that you or your personal injury lawyer can obtain. A high-quality demand package consists of multiple documents that lay out the details of the case and a specific request for compensation in the form of a demand letter. Documents that need to be collected for a demand package include but are not limited to:

Photographs
Proof of insurance
Medical records and bills
Records of loss of money

Keeping track of all these documents may become hectic. It’s suggested that you obtain each document as early as possible so that you can keep everything organized as more documentation comes in.

The demand letter in your package is a formal payment request for your injuries. Your personal injury lawyer will take on the responsibility of writing this. Each attorney has their own way of writing a demand letter, however, some key points include:

Your medical history
A detailed description of the accident
Your medical diagnosis after the accident
Expenses
Non-economic damages sustained

How a Demand Package Can Help You

A demand package can aid in many types of personal injury claims from car accidents to medical malpractice. A settlement for these claims is determined by calculating the amount of economic and non-economic damages. Economic damages include things like medical expenses and lost wages, making them easy to show through paperwork and documents. The documents in your demand package will present these damages chronologically. If you have ongoing treatments during the time your claim is being filed, your past medical bills can still show what future economic damages will be.

Non-economic damages on the other hand are harder to show because they are intangible. Non-economic damages include things like pain, suffering, and inconvenience. These damages are just as important to your case. Examples of great documentation to gather for your demand package are testimonials from family and friends who have helped with caregiving since the accident.

After your demand package is sent, the insurance company may try to challenge your settlement demand by putting less value on your economic and non-economic damages. Insurance adjusters don’t want to pay victims the full amount of compensation. They may offer a lower amount hoping that you will take a quicker settlement. Once a demand package is sent, negotiations begin until an amount is agreed upon. This is why the evidence provided in your package is so important to your claim; it directly correlates to how much compensation you may receive.

How We Can Help

This entire process may sound complex, but at Barfoot and Schoettker, we don’t want you to have to worry about anything. We will prepare your demand package, write your demand letter, and guide you through the entire process. Contact us today so we can make sure you get the compensation you deserve!

Here are some links to related information

Guide to Motorcycle Accident Lawsuits

Wed, 24 May 2023 13:58:36 GMT

Guide to Motorcycle Accident Lawsuits

If you were involved in a motorcycle crash, you may be dealing with expensive medical bills, missing work, and a long, painful recovery. After being injured in a motorcycle crash, you have the right to sue the person responsible for the collision. According to The Motorcycle Legal Foundation, 79,000 people were injured in a motorcycle accident and 5,115 died in 2019. Many people in these situations do not know there are legal actions they can pursue after the accident.

Here are a set of guidelines about a motorcycle accident and possible legal action. There are a few different things you need to know, such as the legal grounds for suing if you were hurt in a motorcycle accident , who you can sue, how you collect, how to build your case, and how Barfoot and Schoettker can help you.

Legal Grounds

First, to make sure you have sufficient cause to build a case, you must evaluate the cause of the accident. Some common causes for a motorcycle collision are:

Opening car door in path of motorcycle
Car turning left and not yielding to an approaching motorcycle
Driver changing lanes and not checking blind spots for motorcycle
Motorcycle’s parts fail to perform
Road issues such as potholes, debris, or poorly maintained roads that cause a motorcycle to be at risk

These reasons may allow you to sue the party at fault for your injuries or other factors leading to recovery.

Who Can You Sue?

Another driver. Another driver is the most common person sued in a motorcycle crash lawsuit. It can be the driver of a car, truck, motorcycle, or other type of vehicle. The other driver may still be at fault even if it was an accident but their actions led to the collision.
Motorcycle manufacturer. Sometimes these accidents are caused because a motorcycle is not functioning properly. There can be defects with the parts of the motorcycle that the manufacturer was not careful enough with. This could be a problem from it being put together improperly or carelessly, or a broken part was used.
Helmet manufacturer. If you see a doctor after the crash, they can rule if the helmet was ineffective or malfunctioning. If it was ruled as such, you can sue the company that makes the helmets. They are not usually fully responsible for damages but this is a factor to keep in mind. Usually, it is an outside factor causing the accident, but if your helmet isn’t working properly, they can be partially at fault.
Dealerships. If the issue was caused by an issue the dealership neglected when you were sold the bike, they are at fault. This could be a recall or not fully disclosing the condition of the bike sold. You might find it hard to prove, but with reasonable cause we are here to help.
Government. A government entity may be responsible for your accident. This could be from a dangerous road condition such as potholes, debris, or improper signage.

How can you collect?

To win your case against another person, you must have all the following basic elements to establish your case . You must also have an example provided for a case of a careless driver causing the accident.

Duty: It is every driver’s duty to be careful while driving and to have regard for others

Breach: This is breached if they cause an accident

Causation: The breach of duty caused the crash

Damages: This can be physical injury, mental health damage, or lost time from recovery

All 4 of these items must be present for there to be enough to file a suit against the other driver or cause of accident.

Some of the damages you can recover are:

Medical bills: This includes hospital bills, doctors visits, surgeries if needed, and physical therapy.
Pain and suffering you experienced during the process of recovery

Mental health: Mental health issues can arise after being in an accident such as PTSD, anxiety, or depression

Loss of earnings: time off work and opportunities missed while recovering from the incident or future earnings you are losing if you are not able to perform to the best of your ability

Property damages: Personal property can include the motorcycle, helmet, and other personal items worn or present at the scene

Building Your Case

The next stop is to compile all elements you will need when speaking with your lawyer. You should gather all your evidence such as medical records, witness statements, photos or videos from the scene, police report, broken parts, and take note of any reasons the road might have caused the accident.

You will also need to determine the value of your claim. Usually lawyers do this best with medical records and will not let the defendant’s insurance company force you to settle for less.

Next you will file the claim/lawsuit. This is where things may be out of your hands and up to your lawyer. The following step is to negotiate a settlement. Your lawyer can handle all the communication that will be going on between insurance companies and the defendant. The lawyer representing you will fight for you during the settlement, giving you time to focus on recovery and relaxing.

The final step that might occur is taking your case to trial. If your settlement fails and you have enough reason to accuse another for your injuries, you may want to take your case to trial. Your lawyer is ready to fight for you in court with all the evidence you have gathered together.

How we can help

If you or a loved one have been in a motorcycle accident and have reason to seek legal action, contact us at Barfoot and Schoettker to review everything for your case. We provide services for other types of accidents such as car or truck, as well as personal or work related injuries. We are located in central Alabama and serve clients all throughout the state. We take a personalized and unique approach to each case and want to find what works best for you. We are ready to help you win your case!

Here are some links to related information

Roundup Lawsuits

Wed, 24 May 2023 13:28:58 GMT

Roundup Lawsuits

Roundup is the name of an herbicide brand that contains glyphosate. It was originally sold by an American agricultural chemical company Monsanto, in 1974. Roundup has different products for different specifications. They produce a wide range of weed killers and other products under the name. Monsanto was bought by German drug and chemical company, Bayer, in 2018. Bayer owns other household products such as Aspirin, Claritin, Aleve, Alka-Seltzer, and more.

Roundup is used to kill weeds. It is sprayed directly onto the leaves, then the entire plant absorbs the poison and will kill all plants it comes in contact with. The active ingredient, glyphosate, is a common ingredient in many pesticides in the United States.

Does Roundup Cause Cancer?

Since the 1970s, studies have been proving that there was a link between Roundup’s active ingredient and cancer. The EPA began with suspicion in the 1980s. The researchers began to study the link between glyphosate and other pesticides after noticing an increase in farmers being diagnosed with Non-Hodgkin’s Lymphoma. In March 2015, the International Agency for Research on Cancer released a report concluding that glyphosate causes cancer.

Glyphosate is linked to the following diseases, including different cancers:

Non-Hodgkin’s Lymphoma (NHL)
B-cell Lymphoma
T-cell Lymphoma
Hairy Cell Leukemia
Parkinson’s disease
Alzheimer’s disease
Autism
Bone cancer
Skin tumors
Kidney cancer
Liver cancer

Those at risk include farmers, landscapers, maintenance, and municipal workers that keep up with the grounds. Household users are not at high risk for cancer, due to their limited exposure.

The American Cancer Society has put together the following list of symptoms of NHL, which is the most common disease from Roundup.

Enlarged Lymph nodes
Abdominal pain
Chest pain or pressure
Swollen stomach/abdomen
Shortness of breath
Sudden weight loss
Loss of appetite
Fever
Chills
Cough
Chronic fatigue

False Marketing

Monsanto was accused of false marketing by marketing the product as harmless and non-toxic. They also falsified scientific research in an effort to prove that it was safe for humans. Bayer has stated that the weed killer has been through “an extensive body of research” and thoroughly tested. The tests show that products containing glyphosate are not carcinogenic and “can be used safely.” The EPA’s guidelines for using Roundup now are to follow all the directions on the label, use eye protection, and avoid the area for 12 hours after application.

Pets and Animals

Glyphosate can cause short-term complications for animals and pets that eat or touch the plant that was recently affected by the chemical. There is not much research into long-term effects. The EPA says it is only slightly toxic to birds and practically non-toxic to bees and fish, such as insects, worms, or shellfish. Some versions of the chemical were designed to control aquatic plants. Some herbicides may contain other chemicals that can harm fish, but it is generally low in toxicity to fish.

TSome symptoms your pet has been exposed to glyphosate are:

Diarrhea
Drooling
Drowsiness
Loss of appetite
Vomiting

If any of these occur, it is recommended to take your pet to the vet.

Alternatives to Roundup

Here are some safer alternatives to using roundup:

Manual removal of weeds
Vinegar
Flame
Steam
Hot-foam weeding technique
Alternate commercial herbicide products

What Roundup Cancer Lawsuits Have Been Filed?

TIn 1996, the New York State attorney general filed a lawsuit against Monsanto for falsely advertising their products. Monsanto still claimed that their products were safe to be used by humans, environmentally friendly, and biodegradable.

Monsanto, who owned Roundup at the time of early lawsuits, has faced multiple lawsuits filed by farmers, home gardeners, and landscapers for their diagnosis with NHL. The lawsuit blames Roundup’s active ingredient for causing cancer and other diseases. Monsanto has opposed all of these claims.

As of October 2019, there were more than 42,000 plaintiffs who said glyphosate was the cause of their cancer. In 2018, a man with NHL was awarded $298 million from a lawsuit filed for using the harmful cancer-causing chemical. This is one of few cases where people won millions of dollars with proof that Roundup or glyphosate had a substantial cause in their cancer.

In June 2020, Bayer agreed to settle the claim of over one hundred Roundup lawsuits. They ended up paying around $9 billion in settlement, and another $1.5 billion for future claims.

How We Can Help You

If you or a loved one developed Non-Hodgkin Lymphoma or another serious disease and believe it is from Roundup usage, consider contacting us at Barfoot and Schoettker . We offer a free consultation to evaluate your case and offer services to assist you in the best way possible.

Here are some links to related information

Your Guide to Common Lawyer Jargon

Tue, 23 May 2023 18:03:00 GMT

Your Guide to Common Lawyer Jargon

Talking with your attorney can be really confusing when they start using words you’ve never heard before.

When working with your lawyer on a personal injury case, you’ll need to spend ample amounts of time communicating with them in order to build the strongest case you can. In order to have the most efficient communication with your attorney, it can help to have some understanding of common legal jargon that they often use. Here’s a list of some general words and phrases that you may hear while in court or just simply talking with your lawyer:

Personal Injury:

Tort:

A wrongful act that does not always require a lawsuit. It is the grounds on which the plaintiff is seeking damages.

Grounds:

The rational reasons why a case was brought into court by someone.

Cause of Action:

The legal facts that give someone the lawful right to bring an action against another person. Lawsuit: When a plaintiff takes court action against a defendant with the goal of receiving compensation for an injury.

Litigation:

The process of taking legal action and/or filing a lawsuit.

Statute of Limitations:

The amount of time that a plaintiff has to file a lawsuit before the case is no longer able to be made.

Plaintiff:

A person who brings a case against another in court. A plaintiff is the one initiating a lawsuit.

Defendant:

A person against whom the case is made. A defendant is the one being accused of a crime.

Demand Package:

A set of documents laying out evidence showing details of an accident, injuries sustained, and fault.

Damages:

Losses caused by a personal injury accident.

1. Economic Damages: Loss of money in the form of things like medical bills and lost wages. Aso referred to as special damages. Economic damages are easier to calculate than non-economic damages.

2. Non-economic Damages: Intangible loss in the form of things like pain, suffering, and inconvenience. Also referred to as general damages.

Demurrer:

A formal objection to a lawsuit saying that although a plaintiff’s point facial, it is invalid and not sufficient enough to find a valid cause of action.

Deposition:

An oral testimony given outside of court by a witness. It can be used later in the case as written evidence. A deposition can be made during the pre-trial.

Negligence:

Failure to care for something properly resulting in damage or injury to another person.

1. Gross Negligence: Reckless behavior that a reasonable person would not commit. The most serious form of negligence. Ex: Medical malpractice

2. Contributory Negligence: When someone isn’t 100% at fault for a crime, but they did contribute in some way. Ex: Texting and driving

3. Comparative Negligence: When the person bringing the claim is also found legally responsible for an accident. May not result in compensation to the plaintiff. Ex: A slip and fall case where a “wet floor” sign was posted

4. Vicarious Negligence: When someone is indirectly responsible although they did not commit the crime. Ex: A dog attack

Compensation:

Something that makes up for a loss. Typically compensation is made in the form of money paid to the plaintiff.

Acquittal:

When a jury determines that the defendant is not guilty or that the evidence brought against them is not sufficient enough to convict.

Conviction:

When a jury determines that the defendant is guilty.

Appeal:

A defendant requesting that a higher court review the court’s decision after being found guilty.

Decree:

The final decision made by the court and judge, the consequences of the case, and how it will be carried out.

How We Can Help

At Barfoot and Schoettker, we don’t treat you like a number. We want to help you in your time of need and handle your personal injury case for you. We pride ourselves on giving personalized attention to all of our clients. Let us guide you through the process of filing a case. We don’t just want to talk with you, we want to understand you. Contact us today so we can start a conversation.