Protecting People’s Rights
If you’re looking for legal representation in Alabama, you can turn to our civil litigation attorneys at McPhillips Shinbaum, LLP. We have an experienced group of lawyers who are dedicated to helping. Our team has helped thousands of clients get the claims they deserve.
The People’s Law Firm
With our practice’s more than 43 years of experience, we have served as a beacon of hope and strength for all the people of Alabama. Our senior partner, Julian McPhillips, started this firm back in 1978 to provide clients with aggressive representation in court. Mr. McPhillips has now earned the moniker of “The People’s Lawyer” for his dedication to solving civil rights cases.
We are now a seven-attorney litigation firm that offers legal representation to Alabama residents in state and federal courts. Our team is known for our outstanding trial advocacy skills. Because of our accumulated record of million-dollar verdicts and settlements, we have earned a glowing reputation among our clients and peers. With our services, you can be assured that you’ll get beneficial and agreeable results in court.
Our Areas of Practice
At McPhillips Shinbaum, LLP, we stand as a beacon of unwavering commitment to our clients. We are dedicated to championing the rights of our clients in the intricate landscape of civil litigation.
Our core mission revolves around the fundamental principle of protecting the constitutional rights of every individual we represent, ensuring that justice is not just an ideal, but a tangible reality.
We understand that confronting legal challenges, whether against formidable insurance companies, powerful government sectors, or large corporate entities, can be daunting. This is precisely where our firm steps in, leveraging decades of collective experience to navigate these complex terrains, routinely handling both intricate settlements and aggressive courtroom battles.
Our approach is rooted in a deep understanding that behind every case is a person, a family, or a business facing significant challenges. We pride ourselves on offering personalized, empathetic, yet fiercely effective legal representation.
We are equipped with the foresight to anticipate obstacles and the strategic acumen to overcome them, always with your best interests at heart. We are not just legal practitioners; we are your advocates, your guides, and your unwavering support system through what can often be the most trying times of your life.
If you’re facing a legal challenge, don’t hesitate to reach out to McPhillips Shinbaum, LLP today for a consultation.
Personal Injury Law
Do you need a Montgomery personal injury lawyer? We’re here to help.
When the negligence of another party results in severe injury, the path to recovery can be fraught with physical pain, emotional distress, and financial strain. Our attorneys at McPhillips Shinbaum, LLP are profoundly committed to fighting for the rights of those who have been unjustly harmed. We believe that victims of negligence should not bear the burden of someone else’s carelessness. With over four decades of combined experience in handling a comprehensive range of personal injury cases, our team possesses the deep legal insight and tenacious advocacy required to pursue justice on your behalf. We understand the profound impact an injury can have on your life, and we are here to ensure that you receive the full and fair compensation you deserve.
Motor Vehicle Accidents
Motor vehicle accidents are among the most common causes of personal injury, ranging from minor fender-benders to devastating collisions. Whether you were involved in a car accident, truck accident, motorcycle accident, or were injured as a pedestrian or bicyclist, the aftermath can be overwhelming.
Causes often include distracted driving, driving under the influence, speeding, reckless maneuvers, and driver fatigue. Dealing with insurance adjusters, proving fault, and accurately calculating both immediate and future damages can be incredibly complex.
Your Montgomery personal injury lawyer will step in to manage every aspect: conducting thorough investigations, collecting crucial evidence such as police reports, witness statements, and accident reconstruction data, and engaging in skilled negotiations with insurance companies. When negotiations fail, we are fully prepared to litigate aggressively in court, ensuring that your claims for past and future medical expenses, lost wages, vehicle damage, and pain and suffering are vigorously pursued.
Products Liability
In a world filled with countless consumer goods, we often trust that the products we use are safe. Unfortunately, design flaws, manufacturing defects, or inadequate warnings can lead to serious injuries. Products liability cases involve holding manufacturers, distributors, and retailers accountable for harm caused by their defective products.
This can include anything from faulty auto parts and dangerous medical devices to unsafe consumer goods and toxic chemicals. These cases are often complex, requiring battles against large corporations with vast legal resources, extensive expert testimony, and exhaustive discovery processes.
Your Montgomery personal injury lawyer has the resources to challenge these powerful entities, navigating intricate product safety regulations and consumer protection laws to ensure that negligent manufacturers are held responsible for the harm their products cause.
Premises Liability
Property owners have a legal obligation to maintain a safe environment for visitors. When they fail to uphold this duty, and someone is injured as a result of unsafe conditions on their property, it falls under premises liability law. This can encompass a wide range of incidents, including slip and falls due to wet floors or uneven surfaces, injuries stemming from negligent security, dog bites, and swimming pool accidents.
The legal standard often revolves around proving the property owner’s knowledge of the dangerous condition and their failure to rectify it. Our role is to meticulously investigate the circumstances of your injury, establish the property owner’s negligence, and secure comprehensive compensation for your medical bills, lost income, and the pain and suffering you have endured due to their oversight.
Catastrophic Injuries
Some injuries transcend typical personal injury claims, resulting in life-altering or permanent consequences.
These catastrophic injuries, such as spinal cord injuries, traumatic brain injuries, amputations, severe burns, and paralysis, demand a different level of legal advocacy. The impact on a victim’s life is profound, often requiring extensive medical care, long-term rehabilitation, assistive devices, and leading to a significant loss of earning capacity and an enduring experience of pain and suffering.
Our firm approaches catastrophic injury cases with a comprehensive understanding of the long-term implications. We work with medical and financial experts to accurately assess future medical needs, develop detailed life care plans, and aggressively pursue the maximum possible damages to ensure our clients receive the ongoing support and financial security they will require for the rest of their lives.
Work-Related Injuries
Workplace accidents can lead to significant injuries, impacting a worker’s ability to earn a living and maintain their quality of life. While workers’ compensation systems are designed to provide benefits for injured employees, navigating these systems can be challenging, and benefits may not always cover the full extent of damages.
Furthermore, in many cases, a third party (not the employer) may also be liable for the injury, opening avenues for additional claims beyond workers’ compensation. This includes construction accidents, industrial incidents, repetitive stress injuries, and exposure to hazardous materials. Our firm assists clients in ensuring proper workers’ compensation claims are filed and benefits are received, while simultaneously investigating and pursuing additional claims against negligent third parties who contributed to the injury.
Our job at McPhillips Shinbaum, LLP is to make sure that you will be able to submit all the requirements needed to recover monetary damages within the given deadlines. We have been dealing with insurance companies for a number of years, and you can be assured that we will help you with your claims for past and future medical expenses, emotional distress, lost wages, loss of earning capacity, and other related damages. If you or a loved one has suffered a personal injury due to another’s negligence, contact McPhillips Shinbaum, LLP immediately to discuss your rights and options.
Wrongful Death: Seeking Justice for Lost Loved Ones
The sudden and tragic loss of a loved one due to someone else’s negligence is an experience of profound trauma and emotional distress. Beyond the immeasurable grief, families are often left grappling with unexpected financial burdens and complex legal questions.
At McPhillips Shinbaum, LLP, our attorneys understand the immense pain you are enduring. When such a tragedy occurs, the law provides a pathway for surviving family members to file a wrongful death action on behalf of their deceased relative. We recognize that overseeing intricate legal procedures while simultaneously mourning the loss of a family member can be an overwhelming and nearly impossible task. This is precisely why we are here to offer compassionate, yet resolute, legal representation.
A wrongful death claim arises when a person dies as a direct result of the negligence, recklessness, or intentional act of another individual or entity. These cases often stem from circumstances similar to personal injury claims, such as fatal car accidents, medical malpractice, dangerous products, or workplace fatalities.
Who Can File a Wrongful Death Claim?
In Alabama, the ability to file a wrongful death claim is determined by specific statutory provisions. The lawsuit must be brought by the personal representative of the deceased person’s estate. The damages recovered in a wrongful death action are not distributed according to inheritance laws but are punitive in nature and intended to punish the wrongdoer.
Damages Sought in Wrongful Death Cases in Alabama
As mentioned above, Alabama’s wrongful death statute is unique in that it provides solely for punitive damages. This means that the damages awarded are intended to punish the party responsible for the death, not to compensate the survivors for their financial losses. Therefore, the focus is not on the economic losses, but on the severity of the defendant’s wrongful act that caused the death. While economic and non-economic losses are factors that influence the punitive damage award, they are not the direct object of recovery.
Some factors that might be considered when determining punitive damages include:
- The culpability or blameworthiness of the defendant’s conduct.
- The nature and extent of the injury to the deceased.
- The need for deterrence to prevent similar conduct in the future.
It’s important to note that Alabama law does not allow for the recovery of damages for emotional distress, loss of consortium, or other similar non-economic damages typically sought in other states’ wrongful death actions. The sole focus is on punitive damages for the wrongful act that led to the death. This makes choosing the right legal counsel vitally important for these types of cases.
Navigating the Challenges
Our team at McPhillips Shinbaum, LLP is here to offer our unwavering support by making sure that all legal documentation is processed accurately and within the stringent timeframes for such cases. We will meticulously investigate the circumstances surrounding your loved one’s death, gather all necessary evidence, and work with experts to calculate the full extent of your damages.
We are here to ensure you will be able to deal with the challenges presented by the Alabama wrongful death statute, providing clear explanations and strategic guidance every step of the way. We will also help you seek claims from the responsible person or organization, whether through skilled negotiation or aggressive litigation, always striving to achieve the justice and financial security your family deserves. In the wake of a tragic loss, let McPhillips Shinbaum, LLP shoulder the legal burden. Contact us for compassionate and determined representation in your wrongful death claim.
Criminal Law
Facing criminal charges, whether a misdemeanor or a felony, can be one of the most frightening and uncertain experiences of a person’s life. The stakes are incredibly high, with potential consequences ranging from hefty fines and probation to significant prison time, a permanent criminal record, and the loss of fundamental rights.
At McPhillips Shinbaum, LLP, our Montgomery personal injury lawyers are acutely aware of the gravity of these situations. We believe that every individual is presumed innocent until proven guilty and deserves a robust, unwavering defense. We have a proud history of successfully defending clients, from minor infractions to major cases, and you can be assured that our lawyers will work tirelessly in securing your freedom from the charges you stand accused of.
The moment you are charged with a crime, your future, your reputation, and your liberty are on the line. It is paramount to have an experienced and aggressive legal team by your side to protect your constitutional rights throughout every stage of the criminal justice process.
The Importance of a Strong Defense
A strong criminal defense is not just about avoiding conviction; it’s about ensuring that due process is followed, that your rights are upheld, and that every piece of evidence is scrutinized. Our attorneys are skilled in identifying weaknesses in the prosecution’s case, challenging inadmissible evidence, and presenting a compelling narrative on your behalf. We understand that the criminal justice system can be intimidating, and we are here to demystify the process, explain your options, and empower you to make informed decisions.
Misdemeanor Cases
While often considered less serious than felonies, misdemeanor charges can still carry significant consequences. These include offenses such as petty theft, simple assault, minor drug possession, or driving under the influence (DUI).
A conviction can result in fines, probation, short jail sentences, and a criminal record that can impact employment opportunities, housing, and personal relationships. Our firm’s approach to misdemeanor cases focuses on minimizing penalties, seeking dismissals where possible, and protecting your future opportunities from the long-term repercussions of a criminal conviction. We will work diligently to explore all avenues, from plea bargains to trial, to achieve the most favorable outcome.
Felony Cases
Felony charges represent the most serious category of crimes and carry the most severe penalties. These can include offenses such as murder, robbery, aggravated assault, grand theft, major drug offenses, and more.
A felony conviction can lead to substantial prison time, exorbitant fines, and the permanent loss of civil rights, including the right to vote or possess firearms. Our defense strategy for felony cases is rigorous and comprehensive. We conduct thorough investigations, challenge the prosecution’s evidence, engage in aggressive plea bargaining when appropriate, and, if necessary, mount a powerful and strategic trial defense aimed at securing your acquittal or a significant reduction in charges.
Drug-Related Offenses
Drug crimes are a broad category, encompassing charges related to possession, distribution, manufacturing, and trafficking of controlled substances. These cases can be particularly complex, often involving state versus federal charges, mandatory minimum sentences, and asset forfeiture laws.
Our Montgomery personal injury lawyers can challenge the legality of search and seizure procedures, questioning the chain of custody of evidence, and exploring alternative sentencing options such as diversion programs or drug court, where appropriate. We work to protect your rights and ensure that any evidence obtained illegally is suppressed.
Sex Crimes
Accusations of sex crimes are highly sensitive and carry immense social stigma, in addition to severe legal penalties. Charges such as sexual assault, rape, child pornography, or indecent exposure can lead to lengthy prison sentences, mandatory sex offender registration, and a lifetime of reputational damage.
Our firm approaches sex crime cases with the utmost discretion and meticulous attention to detail. We are dedicated to protecting our clients’ reputations, conducting a thorough review of all evidence, challenging the credibility of accusers, and ensuring that every aspect of due process is strictly followed. We understand the devastating impact these charges can have and are committed to providing a vigorous defense.
Domestic Violence Cases
Domestic violence cases are often emotionally charged and complex, frequently involving intertwined civil and criminal components, such as restraining orders. These charges can include assault, battery, or harassment within a domestic relationship.
Our Montgomery personal injury attorneys can help you navigate the delicate dynamics involved, protecting your rights, addressing any underlying issues that may have contributed to the charges, and seeking fair and just outcomes that consider the full context of the situation. We work to ensure that protective orders are handled appropriately and that your side of the story is heard.
The criminal defense process, from arrest and arraignment to bail hearings, discovery, motions, plea negotiations, and potentially a trial, can be a long and arduous journey. Our commitment at McPhillips Shinbaum, LLP is to be your steadfast advocate every step of the way.
We draw upon our defense record over the years and our understanding of criminal law to tirelessly work towards securing your freedom and protecting your constitutional rights throughout the entire process. If you are facing criminal charges, your future is on the line. Do not delay. Contact McPhillips Shinbaum, LLP immediately for a robust and unwavering defense.
Your Trusted Legal Partner
At McPhillips Shinbaum, LLP, our overarching commitment to justice and our clients’ well-being defines every aspect of our practice. Whether you are navigating the devastating aftermath of a personal injury, seeking justice for the wrongful death of a cherished family member, or fighting for your freedom against criminal charges, our experienced legal team is prepared to stand by your side.
We combine legal knowledge with a client-centric approach, ensuring that you receive not only exceptional legal representation but also compassionate support during your most challenging times.
We understand the complexities of the legal system and the emotional toll that legal battles can take. Our dedication to thorough investigation, strategic negotiation, and aggressive litigation is designed to achieve the best possible outcomes for our clients. We believe that everyone deserves dedicated advocacy and a fair chance at justice. The path forward may seem daunting, but with McPhillips Shinbaum, LLP, you have a powerful ally. No matter the complexity of your legal challenge, McPhillips Shinbaum, LLP is ready to stand by your side. Reach out today to schedule a confidential consultation and take the first step towards securing your rights and your future.
When it comes to cases involving personal injuries, auto accidents, and wrongful death, you will need an experienced legal professional to guide you through the complex legal process. Our reliable lawyers are here to help you recover the losses and damages you incurred by obtaining the fair compensation that you deserve.
Give McPhillips Shinbaum, LLP a call today to schedule your free initial consultation. You may reach our lawyers at 334-262-1911 or by filling out the contact form on our website. We are here to assist you with any concerns you may have.