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Who Is At Fault in a High-Speed Chase?
/by McPhillips Shinbaum, LLPOn July 30, 2013, a high-speed police chase through Birmingham and suburban Homewood resulted in two collisions and three injuries. Police state that they spotted a man with outstanding arrest warrants driving in Birmingham’s south side shortly before 6:00 p.m. The chase ended when the suspect’s vehicle crashed into another car near the corner of […]
Explosive Plane Crash Kills Two
/by McPhillips Shinbaum, LLPOn Wednesday, August 14, 2013, a UPS cargo plane crashed near Birmingham. The crash killed all on board. Police state that the aircraft was approaching Birmingham-Shuttlesworth Airport on a flight from Lexington, Kentucky. The plane suddenly exploded in mid-air and fell from the sky. The tower reports that the crew made no distress calls. Witnesses […]
Wrongful Death and Criminal Acts
/by McPhillips Shinbaum, LLPA former provost at the University of Alabama in Huntsville has asked a judge to throw out the wrongful death suit filed against him following Amy Bishop’s 2010 shooting rampage. Bishop, a professor at UAH, shot two people to death and injured three others following a faculty meeting. Bishop was angry that she was earlier […]
NFL Concussion Lawsuit Settlement
/by McPhillips Shinbaum, LLPThe National Football League (NFL) has reached a multimillion-dollar settlement with current and former players regarding brain damage suffered by players, allegedly while competing on the football field. The total value of the settlement is $765 million. Settlement terms include $675 million in compensation to former players and their survivors, and $90 million for further […]
Three Shades of Cause
/by McPhillips Shinbaum, LLPA previous post discussed the legal duty that one person owes another person. Once it is established that the plaintiff owed you a duty, the next step in your negligence case is to link that duty to your damages. While duty is largely a legal question — for the most part, the law determines who […]
Damages in a Negligence Case
/by McPhillips Shinbaum, LLPThe final element in your negligence case is damage. The other elements — duty, breach, cause-in-fact and proximate cause — may all be clearly established, but if there are no damages then there can be no negligence lawsuit. Your damages can fall into one of several categories. Economic damages The typical car accident costs a […]