Alabama Personal Injury Practice 2012 - Tort Reform Has Changed the Landscape Dramatically

    BIRMINGHAM, AL, April 14, 2012 /24-7PressRelease/ -- Over the last decade or so, tort reform legislation has drastically altered the practice of personal injury law in the state of Alabama. Many causes of action have either been limited significantly or done away with outright. Additionally, public relation efforts by business-oriented lobbying groups have been largely successful in creating an anti-lawsuit bias in the minds of jurors. All of this has resulted in personal injury lawyers being very careful about the kinds of claims they will handle, and a resulting focus on motor vehicle accident claims, one of the last bastions of injury claims largely unaffected by tort reform.

Nursing home neglect lawsuits, arising out of bedsores or malnutrition, used to be a highly litigated area of law in Alabama. Unfortunately, the now condoned use of arbitration agreements by nursing homes has effectively quashed most meritorious claims.

Another area of Alabama injury law, that has gone the way of the dodo, is claims for wrongful termination due to the filing of a worker's compensation claim. An Alabama statute prohibits employers from firing employees solely because they were injured on the job. But, appellate case law has narrowly defined the statute to the point of it being a legal nullity.

Finally, medical malpractice claims against doctors have largely become extinct. The rigorous procedurals rules and statutory limitations have all but immunized physicians for negligence.

In contrast, the Alabama legislature will, from time to time, unwittingly pass laws that actually make it easier for injury claimants to recover. Take the example of the recent ban on texting while driving. If an at-fault driver is charged with texting around the time of an accident, this will make it easier for a plaintiff to win the case and possibly even recover punitive damages. Thus, a texting accident attorney may find this narrow area of practice to be fruitful.

Another example of relaxed tort reform came from the Supreme Court of Alabama when they recently allowed a wrongful death claim for an unborn fetus to proceed. The Court reasoned that while claims for unviable children were historically prohibited, a distinction between viable and non-viable was not warranted. While their reasoning was not intended to be "pro-plaintiff", it has the effect of modifying Alabama's wrongful death law in a way more favorable to the plaintiff's side.

While may changes have occurred in personal injury laws, mostly pro-business, the average injury practitioner must stay in step with the changes. It is no longer feasible to stay with the old paradigms and business models. The tort reform changes have mandated that personal injury lawyers, both for the plaintiff and defense, modify their practice areas and expertise. Notably, Birmingham injury law firms are increasingly modifying their marketing efforts and on-line presence to reflect the changing landscape.

Published by Drake Law Firm
Drake Law Firm is a Birmingham injury practice handling car accidents, construction injuries, tractor-trailer accidents and defective product claims throughout Alabama.

"No representation is made that the quality of legal services to be performed is greater than the quality of legal services to be performed by other lawyers."

Website: http://www.drakelawal.com

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