Huntsville Personal Injury Lawyer - Miscellaneous - Most Commented

Insurance Companies Pad Profits

Eric Artrip — Fri, 25 Jul 2008 15:41:22 GMT

A new study on the "Ten Worst" insurance companies confirms what we in the legal business have long known: Insurance companies put profits ahead of those that are injured and even above their own customers. As an attorney, I've seen firsthand how insurance companies conduct themselves in order to pad their profits.

Take, for instance, a woman I am representing. On the day she and her husband applied for life insurance, they bought a temporary policy that would cover them from "day one." However, when her husband died suddenly of a heart attack, the insurance company denied the claim and claimed the check for payment was never cashed.

When I showed them a copy of the canceled check, they changed the reason for the denial. Right now, we're on their fourth reason with no end in sight.

Too often, insurance companies and millionaire CEOs put profits ahead of the health and safety of the public and their customers. When they do, the only place to get justice or hold wrongdoers accountable is in our courts.

For this reason, it's not surprising that insurance companies have spent years and millions of dollars trying to convince Alabamians that the civil justice system is "broken." It's about time they are held accountable. The only thing "broken" are their promises.

Originally posted at InjuryBoard by Eric Artrip

Outrageous Spending in Alabama Judicial Races

Clay Martin — Fri, 30 May 2008 17:56:12 GMT

Partisan elections for Alabama’s highest courts are out of control. The money that has been spent over the past 15 years on Supreme Court races in Alabama is obscene and definitely calls into question whether Alabamians are electing “fair and impartial” justices to our highest court.

Alabama spends far more than any other state to elect candidates to our top court posts. Between 1993 and 2006, candidates for Alabama’s top state court posts spent more than $48 million. In 2006 alone, 15 candidates in Alabama spent more than $13 million. The next closest state during the same time period was Texas. In comparison, Texas which has almost 5 times the population and ranks 20 states ahead of Alabama in per capita income, spent $28 million ($20 million less than Alabama) on campaigns for its top judicial posts and in 2006 spent around $3 million. So, despite what they say, not everything is bigger in Texas.

Spending tremendous sums of money on partisan judicial campaigns erodes peoples’ faith in the independence of the Judicial Branch and can eventually threaten democracy, which is dependent upon independent courts. Alabama should scrap partisan judicial elections. State Circuit and District Court races should be non-partisan. For our Appellant Courts, Alabama should adopt a form of merit selection, where governors would chose from qualified candidates nominated by an independent, bi-partisan commission. Most states have dropped partisan judicial elections, and we should do so as well.

Originally posted at InjuryBoard by Clay Martin

Nintendo Wii Assists United Cerebral Palsy Therapy Program

Tara Helms — Tue, 18 Aug 2009 18:57:09 GMT

Clay Martin and Tara Helms of Martin & Helms, P.C., a local personal injury law firm, presented a Nintendo Wii gaming system to United Cerebral Palsy of Huntsville & Tennessee Valley, Inc., (UCP) Aug. 17 in conjunction with the nationwide InjuryBoard Project Wii-hab.

UCP Family Services Supervisor Julie Carden accepted the donation of a Wii Fit, Wii Sports, Wii Play, and controllers on behalf of the organization. UCP therapists will use the new gaming equipment during physical and occupational therapies with clients of all ages and abilities.

“Our therapy center is excited to have a Wii system to use with our clients,” Carden explained. “It will be an interactive, fun way to incorporate skills, such as motor coordination, balance, and hand-eye coordination, into therapy sessions. We look forward to using it with clients of all ages.”

UCP is a 501(c)(3) non-profit organization operating two regional centers in Huntsville for individuals in the North Alabama area with cerebral palsy and those representing approximately 155 additional diagnoses, including stroke, traumatic brain injury, autism, Down syndrome, and sports-related injuries. UCP provides physical, occupational and speech therapies, as well as educational, technology and social services to more than 1,000 individuals with disabilities and their families annually in Madison, Marshall, Morgan, Limestone, and Jackson counties. Additionally, UCP’s childcare training, respite and technology services reach statewide.

“Being on the Board of UCP for the past several years, I have come to learn first hand that their physical and occupational therapy programs are top notch and provide life-changing treatment to the facility’s patients. So, when the folks at Injury Board suggested the Wii give-away program, I immediately knew that such a donation would be well received and put to great use by the therapists at UCP,” provided Clay Martin. “We, as a law firm, are very proud to be in a position to assist UCP.”

InjuryBoard is a growing community of personal injury law firms, attorneys, safety industry experts, and consumer advocates committed to making a difference by helping people avoid injury, and to helping those who are injured get the assistance they need to move on with their lives after an accident.

The InjuryBoard network of attorneys banded together this August for Project Wii-hab. The project encourages InjuryBoard members, like Martin & Helms, P.C., to donate Wii gaming systems to hospitals, rehabilitation centers and nursing homes in the communities they serve in an effort to encourage patients to rediscovery healthy living.

For more information on the Martin & Helms, P.C. donation to UCP, contact Clay Martin or Tara Helms at 539-1990 or martin@martinhelms.com; helms@martinhelms.com. For more information on this and all UCP programs and services, contact Julie Carden at 852-5600 or jcarden@ucphuntsville.org.

For more information on the nationwide InjuryBoard Project Wii-hab, contact

Wii Give-Away Project Coordinator James Cool at JCool@injuryboard.com or

(520) 909-8753.

Originally posted at InjuryBoard by Tara Helms

Women for Justice: Community and Political Outreach

Tara Helms — Mon, 23 Feb 2009 19:00:47 GMT

Recently, the Women’s Caucus of ALAJ got together in support of its community outreach project, the Christian Women’s Job Corp (“CWJC”) of Alabama. The Alabama CWJC is a non-profit, faith-based agency where women in need are equipped for life and employment through job-readiness classes, computer classes, GED training, Bible study, and mentoring from other women.

At last month’s ALAJ Mid-Winter Conference, the Women’s Caucus held a fund-raiser and clothing drive for CWJC. I want to thank the women of ALAJ for taking time out of their busy schedules to bring donations of cash and clothing to the mid-winter seminar in support of this effort. The clothing drive was held to gather professional attire and accessories for CWJC participants. In addition, money was raised which provided seed money for Linda Henry, CWJC’s State Coordinator, to assist her in setting up two additional sites in Alabama. However, this fundraising effort was just the beginning and I call upon our membership to continue its support, through contributions of funds, as well as clothing, of this wonderful organization. It is this type of much-needed support that assists CWJC in its mission to help women in need break the cycle of poverty in their lives.

It is not too late to contribute to CWJC. To make a contribution, checks can be made payable to the Alabama Civil Justice Foundation (“ACJF”) with a notation that the funds are earmarked for CWJC. We still hope to raise an additional $2,500.00 towards our goal. If you have any questions, feel free to contact Nikki Taylor with ACJF at nikki@acjf.org.

For more information concerning CWJC, you can visit their website at www.alabamacwjc.com. The website will provide you with CWJC sites in your area, as well as a detailed “needs- lists” for this organization. Feel free to also contact me directly at helms@martinhelms.com, or by telephone at (256) 539-1990, if you are interested in volunteering in this wonderful organization.

Another important event organized by the Women’s Caucus of ALAJ is Lobby Days. The entire ALAJ organization works extremely hard to achieve its mission of making sure that there is a level playing field in our system of justice. On April 8 and 9, the Women’s Caucus will host its third annual Women for Justice Day in Montgomery. I urge you to participate in this process. As lawyers, our practices and our clients’ future are governed by the rule of law. This is your opportunity to have a positive voice at the State House to address legislative issues which directly affect your practice and your clients. It is a wonderful opportunity to meet with legislators and be a positive voice for ALAJ and the legal community as a whole. Our involvement has been welcomed by the legislators. I can assure you they truly appreciate the interest and involvement from concerned constituents.

I urge the readers to encourage others to join the Women’s Caucus of ALAJ. I also want to invite our membership to attend Women for Justice in April of this year. If you would like to attend, please contact Brenda, at Brenda@alabamajustice.org. I hope to see you in April.

Originally posted at InjuryBoard by Tara Helms

Women for Justice 2008

Tara Helms — Thu, 18 Sep 2008 14:45:13 GMT

The year 2008 marks the third year for the Alabama Women’s Caucus of the Alabama Association for Justice. Emily Raley said it well in her role as the first Chair of the Women’s Caucus, that “the role of the Women’s Caucus is to assist women lawyers in developing our skills as lawyers through education, political involvement, networking, and business development.” These goals are being achieved through the work of the Women’s Caucus in association with ALAJ.

Part of the mission of ALAJ is to ensure that its members have the tools needed to provide their clients with a level playing field. Educational opportunities are an important goal in achieving this mission. In addition to the CLE programs offered by ALAJ, the Women’s Caucus offers a CLE during the Women for Justice Day program in Montgomery in April. In addition to the educational benefits of attending the regular ALAJ sponsored CLEs during the fall and winter, the Women’s Caucus CLE offers great opportunities for women to engage in professional development through networking opportunities with other lawyers and professionals. Moreover, the Montgomery location of the CLE offers great opportunities to network and mingle with local legislators, particularly women legislators.

Just as important in achieving the ALAJ mission to provide educations benefits, is the mission to increase political involvement. The entire ALAJ organization works extremely hard to achieve its mission of making sure that there is a level playing field in our system of justice. This Spring, the Women’s Caucus will host its third annual Women for Justice Day in Montgomery. I urge you to participate in this process. As lawyers, our practice and our clients’ future are governed by the rule of law. How many times have you said, “There ought to be a law.” Or, “That is a bad law.” Well, this is your opportunity to have a positive voice at the State House to address legislative issues which directly affect your practice and your clients. I am sad to say that prior to my participation in the first Women for Justice Day two years ago, I knew the names, but not the faces of my local legislators. I had written a few letters, but never took the time to visit the local legislative offices and the State House offices of my representatives. Since that time, I have taken the time to sit down and talk with my local representatives and get to know them. I can assure you they truly appreciate the interest and involvement from concerned constituents.

This year, the Women’s Caucus will be working on a community outreach project as well. The Women’s Caucus will be working to provide assistance to the Christian Women’s Job Corp. The Christian Women’s Job Corp (“CWJC”) is a non-profit, faith-based agency where women in need are equipped for life and employment through job-readiness classes, computer classes, GED training, Bible study, and mentoring from other women. With the support of area volunteers, the goal is to break the cycle of poverty. The Women’s Caucus of ALAJ will be working this year to assist CWJC in its mission to assist these women and the mission of CWJC. We are in the process of organizing a clothing drive where we ask membership to gather professional attire and accessories which can be passed along to CWJC participants. Also, each CWJC site has a hygiene pantry in which all of the basic necessities can be found – items such as shampoo, soap, toothbrushes and toothpaste (that we take for granted) – are readily available and provided to all CWJC participants. Many of these women cannot afford these basic necessities. The Women’s Caucus of ALAJ is calling upon the membership to assist in gathering these items.

My hope for this year is to live up to the standards set by this organization and to build upon the accomplishments of the leadership of the previous years. I am looking forward to working with our current ALAJ members and looking forward to meeting new members. I urge the readers to encourage others to join the Women’s Caucus of ALAJ. By being involved, our members can be a force for positive change. This attitude has been a driving force for this organization.

Originally posted at InjuryBoard by Tara Helms

Insurers Cheat Customers, Report Record Profits

Tedford Taylor — Thu, 13 Sep 2007 15:09:05 GMT

In the wake of Hurricane Katrina, insurers reported their highest ever profit, $73 billion, up 49 percent from the previous year. With 60 million customers paying more than $50 billiion in premiums per year, homeowners are often surprised to find out that insurers won't pay the full cost of rebuilding their damaged or destroyed home. The insurance companies routinely refuse to pay market prices for homes and replacement contents, they use computer programs to cut payouts, they change policy coverage with no clear explanation, they ignore or alter engineering reports, and they sometimes ask their adjusters to lie to customers.

Originally posted at InjuryBoard by Tedford Taylor

New Laws About Leaving Children Unattended in Cars

Jenny Albano — Tue, 31 Jul 2007 14:23:28 GMT

As of now twelve states have laws that specifically prohibit parents or guardians from leaving children alone in cars. Some of the states make it a traffic violation that includes a ticket or fine and other states make the offense a misdemeanor with a possible prison sentence. All states have laws that allow authorities to charge parents with child neglect and endangerment if a child dies because he/she was left unattended in a car.

In Florida, the child-in-car law was just recently amended to make it a second-degree misdemeanor to leave a child under the age of 6 alone in a vehicle for more than fifteen minutes or at all if the car is still running. The new rules went into effect on July 1, 2007 and if a parent or guardian is prosecuted they could face up to 60 days in jail and a fine of $500.

An advocacy group called Kids and Cars had been trying to toughen legislation on this issue.

"We're trying to get people to realize it is just as dangerous to leave a child alone in a vehicle as it is to leave him near a body of water," said Kids and Cars founder and president Janette Fennell. "Just in seconds, something can happen."

Fennel said that there are around 30 to 40 cases of hyperthermia deaths, which is death from unusually high body temperatures, of children left in vehicles every year. These rates have been increasing since the 1990s. Many children die from strangulation by power windows or by crashes caused by knocking the car into gear. Abduction is always a danger of leaving a child alone.

Two South Carolina toddlers were found dead after they overheated and died in their mother's car on Monday, July 30. This is just one tragic example of why harsher consequences need to be inflicted on parents or guardians who leave their children in danger in a car by themselves.

Originally posted at InjuryBoard by Jenny Albano

Steam Pipe Explosion in New York City

Jenny Albano — Thu, 19 Jul 2007 09:54:56 GMT

On Wednesday, a steam pipe burst in Midtown Manhattan, killing one person and wounding around 25 others. During rush hour the pipe burst sending steam and dirt high into the sky. Many New Yorkers thought the explosion was a terrorist attack, but that theory was quickly ruled out.

The explosion left a large crater in the ground, and a red truck lay on the bottom. Many people were struck by falling asphalt and rocks. Other bystanders were covered in mud.

One woman died after the explosion, due to cardiac arrest. Another 15 were taken to Bellevue Hospital, were two people are in critical condition. The rest of the injured include some firefighters and a police officer.

Officials said the pipe might have exploded under pressure caused by an infiltration of cold rainwater, or might have been damaged by a water main break.

The main concern was that asbestos, which can cause fatal lung disease with prolonged exposure, would get into the air. The city's Office of Emergency Management has tested the air said that six of ten samples of dust and debris tested positive for asbestos, but eight air samples taken from around the explosion had no trace of asbestos. Officials believe that long-term health problems are "unlikely".

Engineers warned that that six feet around the crater was still in danger of further collapse. A zone of several blocks has been closed off for investigation and repair.

Originally posted at InjuryBoard by Jenny Albano

Texas Lawmakers consider immunity for Oil Companies

Tedford Taylor — Fri, 04 May 2007 11:01:31 GMT

Texas lawmakers are considering a bill which would shield oil companies from legal claims alleging a fuel additive designed to improve air quality is defective, it has polluted the drinking water in Texas and across the country, and major players in the industry knew it. MTBE is the additive which has been found in drinking water supplies and could cost billiions to clean up. The government has labeld MTBE a possible human carcinogen. There are approximately 200 lawsuits pending nationwide.

Originally posted at InjuryBoard by Tedford Taylor

Autauga County physician awarded $1M in Cemetery Dispute

Tedford Taylor — Tue, 01 May 2007 11:18:22 GMT

An Autauga County jury awarded Dr. Gene Parker more than $1 million against a cemetery for fraud and breach of contract. Parker bought an "estate plot" from the cemetery's former owners which included landscaping, concrete walkways and a large family marker. The current owners redrew the plots, reducing their size so as no not to include space for the aformentioned amenities. Additionally, they denied any liability for their predecessors conduct. Ted and Leah Taylor represented Dr. Parker and obtained the largest jury verdict in Autauga County in years.

Originally posted at InjuryBoard by Tedford Taylor