When to Hire a Workers’ Compensation Attorney

Huntsville lawyersWorkers’ compensation, often called workman’s comp, is a system of laws put in place to protect those injured on the job.

Ideally, workers’ compensation ensures that those injured on the job receive adequate medical care, recover wages lost due to the injury, and gain access to retraining if unable to return to their previous position.

According to OSHA, over 3 million people are injured while at work each year. In the event that you or a loved one is injured on the job, there are some things you need to know about workers’ compensation, including why you may need to hire an attorney.

Does Everyone Injured on the Job Need a Workers’ Compensation Attorney?

Not everyone needs a workers’ compensation attorney. If you sustain a minor injury that only keeps you out of work for a few days and causes no lasting effects on your health, then you probably do not need legal assistance.

However, if you feel uncomfortable handling the matter yourself and would prefer someone who is experienced in workers’ compensation to help you, then it is better to err on the side of caution than to lose benefits you may be entitled to due to your work injury.

If you have been seriously injured on the job, then a workers’ compensation attorney can help ensure you are receiving adequate compensation and benefits.

Why Hire a Workers’ Compensation Attorney?

Your Claim Is Denied or You Do Not Receive Your Benefits in a Timely Matter

It is imperative that you receive the proper medical care as soon as possible after an injury. If your claim is wrongfully denied or if your promised benefits fail to arrive, you need an attorney.

Experienced workers’ compensation attorneys know that many initial claims are denied because employers believe that most employees won’t appeal the denial. Unfortunately this proves true all too often. People mistakenly believe that they have no recourse once a claim is denied. Your attorney can help you get the benefits you deserve.

Another reason claims are sometimes denied is that the “independent” doctor your employer sends you to is more worried about retaining a good working relationship with your company than with making sure you are taken care of properly. If too many claims get approved the doctor could lose the business sent by the company.

If you feel the doctor you were sent to didn’t report your condition accurately, our experienced workers’ compensation attorneys can help you build an accurate medical profile for your case.

Your Employer Tries to Settle for Less Than Your Entitlements

It is often hard to comprehend the worth of your own case. Well-meaning family and friends can further muddy the waters. Because you may not realize how much value your case has, your employer may try to settle with you for a much smaller amount than you are actually entitled to. An attorney can help you place a value on your claim and keep you from getting taken advantage of.

Your Injury Prevents You from Returning to Your Previous Job or From Any Job

In the event that you sustain an injury serious enough to cause permanent damage to your health, you want to make sure to utilize the services of a seasoned workers’ compensation attorney.

The outcome of your case will impact the quality of the rest of your life. You want to make sure that you have a professional on your side who can represent you along the way. Have no doubt that the insurance company will have a team of lawyers working for them. Make sure you protect your best interests with your own team that is there to support you.

You Receive Backlash at Your Workplace

If you are being treated unfairly at work because of a workers’ compensation claim, you have legal recourse. Don’t be bullied when you are trying to do what is right. Let a trained workers’ compensation attorney come to your aid.

There Are Many Other Reasons

This list is not exhaustive. There are many more reasons you would need to hire an attorney for you workers’ compensation claim, including if you already receive disability benefits or if you have a third-party claim.

Ready to Hire a Workers’ Compensation Attorney?

If you need to hire a seasoned workers’ compensation attorney, contact Wolfe Jones. We can help you navigate the legal system to receive the benefits and compensation you deserve.

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

Why Hire a Xarelto Lawsuit Attorney

Xarelto Xarelto is an anticoagulant medication often prescribed to prevent blood clots in patients who are at high risk for stroke, who have had knee or hip replacement surgery, or those with deep vein thrombosis or pulmonary embolism.

The medication is also sold under the name Rivaroxaban and is manufactured by Janssen Pharmaceutical and co-marketed by Bayer Healthcare.

Why Are There Xarelto Lawsuits?

More so than with other anticoagulants, such as Warfarin (Coumadin), there have been a high number of episodes of severe internal bleeding.

Many of these cases have been fatal. The Xarelto lawsuit alleges that the pharmaceutical companies failed to properly warn both the physicians and the patients of the heightened risk of irreversible, deadly bleeding caused by taking the medication.

Don’t Wait Until It’s Too Late

Alabama, like all other states, has a statute of limitations for cases like these. You only have a limited amount of time beginning at the time of the injury to file your case. Wait too late and you miss the window of opportunity.

Once the statute of limitations has passed, you can no longer file a claim against the party that caused the injury.

If you or a loved one have suffered injury from taking Xarelto, or if you have had a loved one die because of this drug, don’t hesitate.

Call the Xarelto lawsuit attorneys at Wolfe Jones to make sure your case is filed in time!

Why to Choose Wolfe Jones As Your Xarelto Lawsuit Attorney

At Wolfe Jones, we have the experience necessary to represent you effectively!

Our firm has taken on a number of cases involving serious injury or death from the use of Xarelto. We have spent time doing the proper research to build our case, which puts you in a better position.

We always have your best interests at heart and will do everything we can to make sure you receive the justice that you deserve. We are committed to treating each of our clients with respect and dignity.

Contact us today with any questions regarding Xarelto or the set up a free consultation.

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

When to Hire a Huntsville Personal Injury Attorney

car accident lawyers

When you’ve been in an accident, you have a lot on your mind. Aside from any emotional turmoil and stress, you have to deal with your injuries, damage to your property, handling your claim, and a variety of other unexpected issues.

Though in some cases you may be able to handle the work on your own, lawyers can help you deal with the process of your claim and reduce your stress along the way.

When should you hire a Huntsville personal injury attorney? Strongly consider hiring an attorney if your situation meets any of the following criteria:

Serious Injuries

The amount of your accident compensation is typically determined by the severity of your injuries. The “severity” is measured by the amount of your medical bills, the type of injuries you have, and the length of time it takes for you to recover.

If you have sustained serious injuries, then you should have a personal injury attorney handle your claim to make sure you receive representation that helps your case. 

Long-Term or Permanent Injuries

Some accidents result in injuries that significantly affect a victim’s physical capabilities or appearance. Figuring out how much a serious injury is worth can be difficult, which is why it is best to turn to professional assistance in these situations.

If you’ve suffered long-term or permanent injuries, then get the help you need from an experienced Huntsville personal injury attorney who can ensure you obtain the representation that you deserve.

When an Insurance Company Refuses to Pay

In many cases, insurance companies and government agencies are unwilling to settle your claim for a full and fair amount. In these cases, you may want an attorney who is experienced at negotiating for injured clients.

When you’re recovering from a serious injury, the last thing you need to deal with is trying to navigate the often-complicated waters of fighting for compensation. Instead, turn to a personal injury attorney who can help.

Wolfe Jones: Personal Injury Attorneys in Huntsville, AL 

Are you looking for a personal injury attorney in Huntsville, Alabama and the surrounding area? If so, turn to Wolfe Jones.

Our experienced attorneys will provide high-quality legal counsel in your personal injury litigation. Contact us today for a free consultation!

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

How to Choose a Personal Injury Lawyer

attorneys huntsville

Are you looking for a personal injury lawyer in Huntsville or North Alabama? If so, how do you choose the best person to represent your case?

Whether you have been injured in a car accident, trucking accident, workplace accident, by slipping and falling on someone’s property, or by being bitten by a neighbor’s dog, it is crucial to find a competent advocate for your case. Each of these situations may be considered personal injury and the level of your injury can make a major difference in processing your claim.

Before you choose which personal injury lawyer you’d like to represent you, make sure you do your due diligence to ensure you are choosing a lawyer who will give you the representation that you deserve.

Ask Your Friends

One of the best ways to start your search for a personal injury lawyer is to seek referrals from friends or coworkers who have been represented by a lawyer in their own personal injury claims. Add these lawyers to your list of ones to consider for a consultation.

However, do not make a decision about a personal injury lawyer solely on the basis of someone else’s recommendation until you’ve met the lawyer, discussed your case, and decided that you feel comfortable working with the individual.

Gauge Experience

Along with obtaining recommendations from your friends, make sure you determine how long the lawyer been in practice. Ask questions. For example, roughly what percentage of the lawyer’s practice involves personal injury cases? Does the lawyer most often represent plaintiffs or defendants? These are a few questions to consider when deciding on a personal injury lawyer. 

Schedule a Free Consultation

Once you have narrowed down your list to lawyers who you feel have the experience needed to represent you throughout the process, it is time to sit down with the lawyer to discuss your claim via a free consultation.

Make sure you bring copies of all your documents: police reports, medical records and bills, income loss information, and all correspondence you’ve already had with the insurance company (if applicable).

Discuss Your Goals

After you have discussed the facts of your case and the history of your negotiations with the insurance company, an experienced lawyer will be able to provide insight as to whether or not you have a case that is worth pursuing.

It is best if you are upfront about your expectations by letting the personal injury attorney know your desired outcome for the case.

If you feel confident with the lawyer’s experience, and comfortable with his or her idea of how to proceed with your case, chances are good that you’ve found a lawyer to assist with your claim.

Remember, an experienced personal injury lawyer knows how to build your case, how to negotiate with an insurance company, and, if necessary, how to take your case to trial. While it is possible to negotiate your claim with an insurance company yourself, a qualified attorney can help you obtain a favorable settlement that, even with the attorney fee deducted, significantly exceeds what you can obtain on your own.

Wolfe Jones: Personal Injury Lawyers in Huntsville, Alabama

If you need help with your personal injury claim, turn to Wolfe Jones in Huntsville, Alabama. The firm has over 154 years of combined experience, providing you with the representation that you deserve.

Scheduled your free consultation today! We will learn more about your claim and help you determine the best course of action moving forward. Call us today at 256-534-2205.

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

Judicial vs. Non-Judicial Foreclosure: What’s the Difference?

Essentially, there are two types of foreclosure procedures in Alabama; judicial foreclosure and non-judicial foreclosure.  Non-judicial foreclosures are more common than judicial foreclosures.  This is due to the fact that judicial foreclosures entail a more burdensome process.  In order to forgo the burdens of judicial oversight associated with judicial foreclosures, lenders often include a “power of sale” clause in the mortgages entered into with borrowers. The power of sale clause is a necessary instrument in allowing lenders to conduct a non-judicial foreclosure and, thereby, eliminating the drawn out judicial process.

Judicial Process

Generally, states that use mortgages without a power of sale clause conduct judicial foreclosures, using the court system to execute the foreclosure. States that use mortgages containing a power of sale clause conduct non-judicial foreclosures, using an out-of-court procedure defined by state law.

In judicial foreclosure states like Florida, borrowers sign two separate instruments: the note, which is evidence of the borrower’s promise to pay the debt; and the mortgage, which is the legal instrument that creates the lien on the property as security for the debt. If the borrower cannot pay the mortgage, the lender hires an attorney, who begins legal action to protect the lender’s interest. The attorney files several documents with the clerk of the court in the county where the property is located.

If the borrower fails to respond to the notices within the statutory time limit, the attorney submits a report to the court requesting that the court appoint a referee. The referee reviews the facts and circumstances in the foreclosure action and renders a report to the court. Then a judge issues a Judgment of Foreclosure and Sale in favor of the foreclosing lender. The judicial auction is advertised and the property is sold at the auction to the highest bidder.

Non-Judicial Process

Non-judicial foreclosures are based on mortgages that contain a power-of-sale clause. The clause enables the lender to initiate a foreclosure sale of the property, without having to file a lawsuit or go to court. The lender is typically required to issue a notice of default and notify the borrower accordingly about the defaulted loan status. If the borrower does not respond, the lender then initiates the steps for conducting the foreclosure sale of the property. In Alabama, this requires notice of the foreclosure by publication in a newspaper of general circulation for three consecutive weeks, followed by a foreclosure taking place at the front of the courthouse of the county where the property is located, for cash, to the highest bidder.

Click on the New York Times link below for an in depth narrative of how judicial foreclosure states continue to muddle through the court system in the wake of the financial crisis.

http://www.nytimes.com/2015/03/30/business/foreclosure-to-home-free-as-5-year-clock-expires.html?_r=0

What is a Gun Trust?

Introduction to NFA Gun Trusts:

NFA Gun Trusts are a fairly recent invention in American law. Over the past few years, gun-owners across the country have created and used Gun Trusts to acquire and use firearms that are tightly regulated by the National Firearms Act (“NFA”) and the Gun Control Act (“GCA”). Under these laws, the Bureau of Alcohol, Tobacco, Firearms and Explosives (commonly known as the ATF or BATFE) requires that certain types of weapons and accessories be registered in the National Firearms Registration and Transfer Record. These weapons are commonly called NFA firearms/weapons, Title II firearms/weapons, or Class 3 firearms/weapons.

Traditionally anyone wishing to own a firearm regulated under the NFA had to register it in his or her individual name. However, the wording of the NFA currently allows for legal entities such as corporations and trusts to register NFA firearms in the name of that legal entity. There are several benefits that come from the use of a Gun Trust:

Benefits of using an NFA Gun Trust:

(1)     NFA firearms owned by a Gun Trust can be accessed and used by the Trustee(s) of that Gun Trust. Because the trustees of normal trusts have the right to manage the trust property, trustees of Gun Trusts have the right to handle and manage the property of the Gun Trust (i.e. any NFA firearms). Because the NFA firearms are registered in the name of the trust, the creator of the Gun Trust can name multiple people as trustees and thus grant them legal authority to use those NFA firearms. However, each trustee of the Gun Trust must submit to a background check with the ATF before they will be authorized to use any NFA firearms owned by the Gun Trust.

 (2)     Trusts, unlike other legal entities such as corporations or LLCs, do not require registration fees or similar expenses in order to remain valid. Trusts are also more private and confidential.

 (3)     After your death, a properly drafted Gun Trust can provide helpful instructions to the person administering your Estate in how to properly distribute your NFA firearms without breaking the law and risking criminal prosecution. Although not necessary, a Gun Trust can also be used to distribute your regular firearms to your designated heirs.

Frequently Asked Questions:

 Q.   What is an NFA firearm or Title II weapon?

A.     Under 26 U.S.C. § 5845 (2012), the following categories of weapons are highly regulated by federal law and require registration with the ATF:

(1)        Machine Guns – this term includes any firearm which can fire more than 1 cartridge per trigger pull, as well as the receiver for any such weapon, or any weapon that is “readily convertible” to a machine gun.

(2)        Short-Barreled Rifles – this term includes any firearm with an overall length under 26 inches or a barrel or barrels under 16 inches.

(3)        Short-Barreled Shotguns – this term includes any shotgun which has a smoothbore barrel and either an overall length of less than 26 inches or a barrel of less than 18 inches in length.

(4)        Suppressors (a.k.a. Silencers) – this term includes any portable device designed to muffle or disguise the report of a portable firearm.

(5)        Destructive Devices – this term includes (A) devices such as grenades, bombs, explosive missiles, poison gas weapons, and (B) any firearm with a bore over 0.50 inch, except for shotguns or shotgun shells which are generally recognized as particularly suitable for sporting purposes.

(6)        “Any other weapon” – this term may include any weapons or devices capable of being concealed on the person from which a shot can be discharged through the energy of any explosive. Examples of such weapons include, but are not limited to, concealable weapons disguised as pens, cigarette lighters, knives, cane guns, and umbrella guns. Such weapons may also include smoothbore handguns designed to fire a fixed shotgun shell.

Q.   What is a Class 3 weapon?

A.    Technically, there is no such thing as a “Class 3” weapon. This term is often incorrectly applied when referring to NFA firearms or Title II firearms (as in Title II of the Gun Control Act). This misnomer likely comes from the fact that gun dealers who wish to sell NFA firearms must obtain Class 3 Special Occupational Tax (SOT) status.

Q.   Can I transfer the NFA firearms I already own to my Gun Trust?

A.     Yes, but you will need to complete and submit the ATF’s Form 4 and pay the transfer tax of $200 for each firearm, just as you would in transferring the firearm to another person.

Q.   Can I name anybody as a Trustee of my Gun Trust?

A.     Not just anybody. Before naming anyone as a Trustee, you should reasonably satisfy yourself that that person is not a “prohibited person” as defined under 18 U.S.C. § 922(g) (2012). Prohibited persons commonly include persons convicted of any felony or a domestic violence misdemeanor, drug addicts, mentally ill persons, illegal immigrants, and persons subject to a protective order (aka restraining order). Additionally, your Trustees should generally be 21 years of age or older since many states may vary in the minimum age requirements of persons allowed to possess a firearm. Anyone you appoint as Trustee must also pass a background check with the ATF, which requires submitting fingerprints and photographs for each applicant.

Q.    Does Alabama law ban any NFA firearms?

A.     No. It is legal to own NFA firearms in Alabama as long as you comply with federal law.

Q.     Does a Gun Trust require its own Tax ID number (EIN)?

A.     No. As long as the Settlor (i.e. the person who created the trust) is also a Trustee, then that person’s Social Security Number is used instead of an EIN. Banks usually request an EIN when setting up a trust account.

Contact Us:

If you are interested in learning more about Gun Trusts or having one created, contact Zach Guyse at 256-534-2205 or by email at zguyse@wolfejones.com.

DISCLAIMER

            The laws and regulations governing NFA firearms are subject to frequent change. As such, the information contained in this document may become outdated from time to time, and should not be relied upon without first consulting with an attorney familiar with the laws referenced herein.

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

Xarelto Lawsuits

About Xarelto

Xarelto is a blood-thinner manufactured by Johnson & Johnson and its subsidiaries Janssen Pharmaceuticals and Bayer Corp. Three common uses for Xarelto include:

  1. Reducing the risk of stroke in patients with nonvalvular atrial fibrillation;
  2. Treating deep vein thrombosis and pulmonary embolism; and
  3. Preventing blood clots in patients following knee or hip replacement surgery.

Like most blood-thinners, Xarelto carries a risk of abnormal bleeding, with bleeding events commonly occurring in the gastrointestinal region and brain. Xarelto, however, carries a significantly higher risk of these bleeding events, which can lead to serious injury and even death. Other adverse reactions to Xarelto include serious swelling and inflammation of the liver known as hepatitis, and other hepatocellular injuries.

Xarelto Lawsuits

On December 12, 2014, the U.S. Judicial Panel on Multi-District Litigation (MDL) filed an order which consolidated all federal Xarelto lawsuits before Judge Eldon Kallon in the Eastern District of Louisiana. Judge Kallon was selected as the judge for these cases based on his experience in handling lawsuits filed against Merck & Co. over its medication Vioxx, which settled for $4.85 billion. More recently, a $650 million settlement was reached over the blood-thinner Pradaxa, which was linked to more than 500 deaths. As more and more victims emerge, Xarelto may prove to be even more deadly than Pradaxa.

Do I have a Case?

Our firm has taken on a number of Xarelto cases involving serious injury or death. Our attorneys provide free and confidential consultations to anyone who has been injured or lost a loved one as a result of Xarelto use. Feel free to Contact Us with any questions or concerns regarding Xarelto.

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