ASK THE ATTORNEY

PERSONAL INJURY

How long do injured people have to make a personal injury claim?

In an Alabama personal injury case, the statute of limitations is generally two years. This time limit is covered under Alabama Statute Section 6-2-38, which states: “All actions for any injury to the person or rights of another … must be brought within two years.” However, a few exceptions may extend this two-year time limit.

Alabama Statute Section 6-2-8 states that if a person is under the age of 19 or is determined to be legally “insane,” they may be able to file a claim within two years after they are either older than 19 or are deemed lawfully sane. A different extension is granted under Alabama Statute Section 6-2-10. This statute allows people who are “absent” from the state of Alabama to not have the time spent out of the state counted against the two-year time limit. In all these circumstances, the statute of limitations will expire after 20 years, regardless of whether there is an extension granted under extenuating circumstances.

Other factors that may be considered include the loss of compensation caused by not working, the potential loss of future income, property damage and various other elements of an accident. Talking to a knowledgeable personal injury lawyer can help you determine what factors may be considered in your case.

How is personal injury compensation determined?

Many factors can contribute to the total compensation possible in a personal injury settlement. It is important to note that you cannot accurately estimate the amount of compensation potentially available unless you talk to an experienced personal injury attorney. The following information only includes factors commonly accounted for when determining compensation.

Frequently, the primary factor that is evaluated when determining compensation is the severity of a person’s injuries. The seriousness of a person’s injuries will often determine the total cost of medical recovery. Serious injuries may also cause permanent disabilities that significantly impact a person’s quality of life. When calculating compensation, injured people must consider both the short- and long-term costs associated with recovering from their injuries.

Other factors that may be considered include the loss of compensation caused by not working, the potential loss of future income, property damage caused by an accident and a variety of other factors. Talking to a knowledgeable personal injury lawyer can help you determine what factors may be considered in your case.

What are common mistakes that injured people make after an accident?

An injured person can damage their injury case in many ways. Because of the multitude of ways that a case can be damaged, having a personal injury attorney by your side can make a significant difference in the outcome of your case. With that being said, here are three common mistakes that injured people can make:

1. Exaggerating claims: Some hurt people may try to exaggerate or lie about their injuries to increase their settlement amount. When injured people misrepresent the nature or extent of their injuries, they destroy their credibility. Lying is not necessary to obtain a fair amount of compensation.
2. Failing to take action quickly enough: Some injured people may wait to contact a personal injury attorney or even begin to think about filing a personal injury claim. Waiting can be a mistake because the evidence is often fleeting in injury cases. Additionally, the statute of limitations usually begins to count down immediately after an accident.
3. Trusting the insurance company to do the right thing: While some insurance providers can offer a fair amount of compensation after an accident, this is often not the case. Insurance companies are businesses that seek to maximize profit. These insurance companies often accomplish this goal by minimizing the claims paid to injured people. Insurance companies have teams of attorneys and claims adjusters that work to cut down on payments. Legal representation can help injured people protect their rights after an accident.

MOTOR VEHICLE ACCIDENTS

NURSING HOME ABUSE

Q:  Why is nursing home abuse sometimes difficult to spot and prosecute?

A:  It is difficult to remain complacent about nursing home abuse. Most of us realize that someone who has been neglected in a long-term care facility could have been one of our own family members. At Lyons-Irby, LLC, we understand how to prosecute lawsuits to hold abusers and nursing home operators accountable for their carelessness and negligence.

While investigating cases of nursing home abuse, we discover that the causes often include patterns of understaffing, lack of training and poor supervision of low-wage caregivers. In some cases, supervisors and administrators may have turned a blind eye to negligence and abuse. We will determine every party who was in any way responsible for the abuse and then create a personalized strategy to get justice.

Q:  What are the symptoms and causes of nursing home neglect and abuse?

A:  Nursing home abuse takes many forms, both physical and emotional. Neglect and abuse have no place in caregiving for people who need assistance as they advance in age or struggle with disabilities.

Bedsores – also known as decubitus ulcers – are nearly always clear evidence of negligence in long-term care settings. Proper care of a physically challenged elderly or disabled person includes turning them and keeping clothes clean and dry so that sores do not develop.  When decubitus ulcers appear, prompt diagnosis and treatment are critical. Untreated bedsores may lead to sepsis and, ultimately, death.

Other common signs of nursing home neglect and abuse include the following:

• Dehydration and malnutrition
• Skin tears and unexplained bruising
• Burns caused by scalding bathwater
• Medication errors
• Falls associated with poor supervision or bed-to-wheelchair and wheelchair-to-toilet transfers
• Injuries – sometimes outside the facility – occurring after residents wander off unsupervised
• Psychological and sexual abuse

Whatever harm has come to you or your loved one through abuse or neglect in a long-term care facility, our attorney is ready to get to the bottom of it. The first step is a detailed review of the facts and circumstances.

Q:  Can I really recover monetary damages from injuries sustained by a faulty product?

A:  When we buy products, we expect them to be helpful, and we don’t expect them to cause us harm. Unfortunately, some product manufacturers fail to meet this basic standard, and consumers are the one who are forced to pay the price. If you or someone you love was severely injured because of an unsafe product, you may be entitled to compensation.

At Lyons-Irby, LLC, our knowledgeable and experienced product liability attorney, Our team can help you recover the compensation to which the law entitles you. 

When a seemingly safe product causes an injury, it can feel disorienting and unnerving. It is critical that injured people and their loved ones get the help they need to protect their rights. Our lawyer helps injured people document every piece of evidence and begin crafting an effective legal strategy. One other important factor is that most personal injury cases in Alabama have a two-year statute of limitations, and the countdown starts immediately after an accident.

Our firm represents clients who are injured by a variety of products, including those involving:

• Vehicles and specific parts on cars or trucks
• Medical devices
• Tools and home improvement devices
• Toys and other products commonly used by children
• Devices related to food preparation
• All types of heavy machinery

The product manufacturers and insurance companies have significant resources to fight product liability claims.  Our firm has worked on both sides of personal injury cases, and he has the knowledge to fight for those who were hurt by negligent product manufacturers.

LOSS OF A LOVED ONE

Q:  How can an attorney help me after the loss of a loved one?

A:  The loss of a loved one in an accident caused by the negligence of another is a devastating experience. Beyond the grief, there is also the loss of financial and emotional support that can leave your family reeling. If you have lost a family member because of an accident, a compassionate attorney can help you get the compensation you need to take care of your family.

At Lyons-Irby, LLC, we understand the difficult situation that families face after the death of a loved one. Our trusted attorney will handle the details of your wrongful death case while you focus on taking care of your family.  With more than 20 years of experience with personal injury and wrongful death cases, our experience allows us to help clients after the death of a family member. As your representation, Champ will work to get you the best possible outcome in an efficient manner.

Our firm has experience with a wide variety of wrongful death accidents, including those involving:

• Car, truck and motorcycle accidents
• Negligent actions by nursing homes
• Animal bites
• Construction site accidents
• Slips or falls on dangerous property

We will thoroughly investigate the details of your loved one’s death and determine who is responsible. Our attorney will then work to pursue your compensation from the negligent parties and their insurance providers.  We understand that the last thing you want to deal with after the loss of a loved one is a legal battle. Our staff will work closely with you to understand your case details and will then carry out your wishes.

CONSTRUCTION ACCIDENTS

Q:  How can an attorney help recover benefits after a slip or a fall?

A:  The negligence of a business or individual can cause a person to slip or fall on private property. A fall from any distance can leave a person with severe injuries and expensive medical bills. Getting these negligent parties to cover medical bills or lost income can be a challenge without the help of a trustworthy attorney.

Lyons-Irby, LLC, is a Birmingham law firm that helps people across Jefferson County with their premises liability cases. Our team has more than 50 years of combined legal experience with particular expertise in the area of personal injury and a long history of positive results. We will protect your rights and work to maximize your compensation. 

A slip or fall can cause many kinds of serious injuries, including:

• Back, neck and spinal injuries
• Broken bones and lacerations
• Temporary and permanent brain damage
• Cuts and abrasions

No matter what types of injuries you are suffering from, our team will work to hold the negligent parties accountable.

The reality is that most personal injury cases do not go to the courtroom but are ended in negotiation. It is also essential for you to choose an attorney who is not afraid to take your case to the courtroom if negotiations are not fruitful. Because of this, it is important for you to choose a personal injury attorney who is skilled at both negotiations and litigation.

Our firm features litigators who will aggressively pursue your compensation in both negotiations and, if necessary, litigation. We will create a personalized strategy for your case based on the unique details of your premises liability case. Lyons-Irby will guide you through your legal matter and then work to get you the best possible outcome.

ANIMAL BITES

Q:  What factors should I consider if I’ve been bitten and injured by an animal?

A:  Animal bites can cause disfigurement, nerve damage and other lifelong damage. If an animal bite seriously injured you or your loved one, you need help who can hold the negligent owners accountable. At Lyons-Irby, LLC, we help injured people and their families get the compensation they deserve after a severe animal bite.  Our Birmingham office helps people across Jefferson County who were injured by bites from dogs and other animals.

Many breeds of dogs can seriously disfigure and damage a person’s body, especially children. Our staff will help you calculate the full cost of a person’s injuries, including plastic surgery, physical therapy and other costs. Once the total cost of treatment is determined, we will work to get the maximum compensation from the negligent parties and their insurance providers.Oftentimes, the incident is caused by the owner’s failure to secure their property and make it safe.

We have helped people who are dealing with all kinds of injuries caused by dog bites, including:

• Scars and disfigurements
• Soft tissue injuries
• Nerve damage
• Puncture wounds
• Psychological trauma

Children who are bitten by an animal can have permanent and lifelong injuries. If a dog bite has injured your child, we will do everything in our power to get them the compensation and medical treatment they need. 

Dog bites are serious and waiting to contact an attorney will only weaken your case. You can schedule your free consultation now at our Birmingham and talk to our attorney to get a clear idea of how we can help you.

ASSAULT & BATTERY

Q:  Isn’t assault a criminal charge?  How can I file civil charges for monetary damages?

A:  Intentional acts of violence done by one person to another can cause both physical, emotional and mental scars that can last for years. If you or your loved one was the victim of assault or battery, then you can get help with both your medical bills and pain and suffering. At Lyons-Irby, LLC, our team works to hold perpetrators of violence accountable for their actions.

The Lyons-Irby firm has more than 50 years of Alabama litigation experience. He will fight to maximize your compensation and will not hesitate to take the opposing party to the courtroom if negotiation is not possible.

In addition to criminal charges involving assault and battery, a civil claim allows victims to obtain compensation for their medical expenses, pain and suffering, lost wages and other expenses. Not every personal injury attorney is well-versed at civil litigation involving assault and battery. Because this is a niche area, you want a lawyer who thoroughly understands these complex cases.

Our firm will use our more than two decades of legal experience to create a personalized strategy for your civil case. We will handle every detail of your legal matter so that you can focus on moving forward with your life in a positive direction.

Getting legal help after experiencing physical violence could be one of the smartest moves you make. Recovering from this type of injury can be both physically and mentally devastating, and there is no shame in asking for help.

​

​