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HGD’s Anna Carroll Selected Selected to Birmingham Bar’s 2022 Future Leaders Forum

The Birmingham Bar Association has selected HGD attorney Anna Carrol to be a member of its Future Leaders Forum Class of 2022. The Forum cultivates leaders from among a group of motivated attorneys who have been licensed to practice for 3-8 years and prepares its members for leadership positions within the bar association and the community.

Anna Carroll is a 6th-year associate attorney at Heninger Garrison Davis. Her favorite thing about being a lawyer is interacting with clients. She strives to meet her clients’ needs and to help make the legal process understandable for everyone. Anna’s practice focuses primarily on personal injury and wrongful death cases, motor vehicle collisions, worker’s compensation cases, and medical malpractice. Anna’s proudest moments as a lawyer are those times when she is able to call a client and tell them that their case has settled.

When not practicing law, Anna enjoys reading, traveling, volunteering at The Literacy Council, and cooking. She is currently serving as President for the Birmingham Bar Association’s Young Lawyers Section.

Congratulations to Anna!

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HGD Welcomes New Team Members to our Birmingham Office

HGD held a welcome reception today to welcome new team members to our Birmingham office. A warm welcome was given to our new full-time employees, summer interns, and summer law clerks.

Pictured L-R: Cherelle Moman – Legal Assistant; Carlos Whitaker – Law Clerk; Alex Rosales – Intern; Katie Goodin – Law Clerk; Lily Hulcher – Reception and Legal Support; Kennedy Carter – Intern; and Davis Frazier – Legal Assistant. Not pictured: SA Friday – Legal Assitant; and Christine McKenzie – Intern.

Welcome to the team!

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Bill Bross Named to Birmingham Business Journal’s “Best of the Bar 2022”

  The Birmingham Business Journal has unveiled the winners for its Best of the Bar Awards, which honor excellence in Birmingham’s legal industry. Congratulations to HGD’s Bill Bross who has been named to the list.

The Birmingham Business Journal will present The Best of the Bar in a special section in the paper to publish on April 14.  This special section will spotlight the work of accomplished area lawyers across a wide range of practice areas.  It also highlights, for local companies and clients, the names of notable attorneys in select practice areas. 

Honorees are selected from a public pool of nominations, submitted through bbj.com/nominations, and are determined by a panel of editorial judges.  Top criteria include contributions to their fields, their tangible accomplishments in their practice area, and their contributions to their firms.  Such factors as professional reputation and civic involvement are also be considered. 

The Magic City is home to a number of attorneys who are pre-eminent experts in their fields, from health care and economic development to venture capital and banking – not to mention a number of corporate counsels who play a critical role in Birmingham’s most successful companies.

BBJ’s Best of the Bar awards are meant to honor the best and brightest in Birmingham’s legal field across a range of practice industries. Congratulations to Bill!

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Erik and Steve Heninger Guest Speakers at ALAJ Midwinter Conference 2022

The Alabama Association for Justice (ALAJ) held its annual Midwinter Conference in February at The Grand Bohemian hotel. The theme for this year’s conference was “Survivors and Revivers.”  Among the guest speakers for the conference were Erik and Steve Heninger from Heninger Garrison Davis (HGD). Erik currently serves as  ALAJ’s President-Elect and Program Chair and led several of the discussions during the three-day conference.  Steve Heninger presented on Cause and Effect or Affect? The Trial Lawyer’s Burden of Persuasion. 

HGD has 18 attorneys who are active members of ALAJ. The mission of ALAJ is to preserve and protect the constitutional right to a trial by jury guaranteed by the Seventh Amendment to the United States Constitution by ensuring that every person or business harmed or injured by the misconduct or negligence of others can hold wrongdoers accountable in the one room where everyone is equal – the courtroom.

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Preparing for Your First Meeting With a Personal Injury Attorney in Alabama

If you become injured in a car accident, slip, and fall accident, or in any other type of accident that was not your fault, you may be wondering whether you have a legal claim to compensation. You may not know what the future holds or how you will pay for all of your medical bills. Rather than navigate the complicated process of pursuing a personal injury lawsuit on your own, you will benefit from working with a trained legal professional.

Requesting an initial consultation to have your case evaluated by an attorney will not cost you anything. If the attorney thinks your case has merit and agrees to pursue the case on your behalf, you will not have to pay a dime unless or until the case is resolved. The following are tips for preparing for your first personal injury attorney meeting to discuss your case.

What Happens at the Initial Consultation?

The first time you meet with a personal injury attorney, a few things will happen. You will give the attorney an overview of what happened before and after the accident that caused your injuries. The attorney will listen to what happened and ask you questions about the incident. They may ask you if you received correspondence from the defendant’s insurance company. They may ask you if you have already filed an insurance claim.

After evaluating your case, the attorney will give you a better idea of whether you have a valid legal claim worth pursuing and how much your claim may be worth. They can also help you understand what to expect from seeking compensation.

Gather Important Information to Take With You

For your Alabama personal injury attorney to assess your case accurately, you will need to bring some important information about your case with you. Your attorney will review this information to get a better idea of the strength of your potential case. They can also use this information to give you an estimate of what your case is worth. Some of the information you should bring to your initial consultation includes the following:

Letters, emails, or correspondence from the defendant or the defendant’s attorney

Copies of any emails or letters you received from the insurance company or companies

A copy of the police report if you are involved in a car, bicycle, or another type of traffic accident

If you are interested in a slip and fall accident, you will need to bring a copy of the incident report

Medical records showing the severity of your injuries

Explanation of Benefits forms and receipts for any out-of-pocket expenses related to the accident

Videos or pictures you have taken of the accident

Any other information that could be important in helping your attorney evaluate your case

All this information will help your return evaluate your case in the best way possible. Once they review your information, listen to your version of events, and ask you some critical questions, they will be able to give you an idea of what your case is worth.

Write Down the Questions You Would Like to Ask the Attorney

Meeting with an attorney can be a somewhat stressful or intimidating event, especially for those who have not worked with an attorney before. Taking some time to write down the questions you would like to ask your attorney can help you remember to ask them. Some of the questions you may want to ask your personal injury attorney include the following:

What are the strengths and weaknesses of my case?

What is the likely outcome of my case?

What is the contingency fee structure your law firm uses?

Who else will be working on my case?

How frequently will the attorney be available to communicate?

How long will it take for the case to be resolved?

Will the attorney be available to contact or meet outside of working hours?

Will the attorney use Zoom or any other video conferencing method?

Schedule Your First Meeting With an Experienced Personal Injury Attorney in Alabama

If you or your loved one has been seriously injured in an accident in Alabama, it is a good idea to call an experienced personal injury attorney sooner rather than later. Contact Heninger Garrison Davis to discuss your case with one of our skilled personal injury attorneys. We will carefully review your case and answer your questions to have a better understanding of your legal rights.

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Bob Saget Died of a Traumatic Brain Injury: How Common are These Injuries?

Last month, Bob Saget, a beloved actor and comedian, was found dead in his Florida hotel room. The autopsy confirmed that he passed away due to head trauma, or brain injury. His family concluded that he probably accidentally hit the back of his head on something, did not think he was seriously injured, and then went to sleep. The autopsy further revealed that he had fractures around his eye sockets, a fracture at the base of his skull, and an abrasion on his scalp. His brain also showed signs of bruising and bleeding.

How Common are Traumatic Brain Injuries?

Traumatic brain injuries can be caused by a bump, blow, or jolt to the head, or a penetrating injury, such as a gunshot wound to the head. There are three primary levels of severity of traumatic brain injuries — mild traumatic brain injuries or concussions, moderate traumatic brain injuries, and severe traumatic brain injuries. Brain injuries can be some of the most challenging injuries to treat. Many people who suffer a traumatic brain injury may assume that they are not seriously injured and may not seek treatment.

Many people were understandably shocked that Bob Saget died from a seemingly minor brain injury. However, brain injuries are far more common than many of us realize. Every year there are nearly 61,000 deaths related to traumatic brain injuries in the United States. Nearly 166 Americans die from traumatic brain injuries every day. The CDC’s National Center for Injury Prevention and Control has estimated that as many as 5.3 million Americans live with a disability because of a traumatic brain injury.

Slip and fall accidents are among the most common causes of brain injuries. Falls lead to over half of traumatic brain injury-related hospitalizations. Motor vehicle accidents and assaults are other common ways people incur traumatic brain injuries. Traumatic brain injuries can lead to short-term or long-term health problems. When children experience traumatic brain injuries, the injuries can impact their development and limit their ability to participate in school and other activities.

What to Do if You Have Experienced a TBI Caused by Someone Else’s Negligence

If you believe that you may be suffering a traumatic brain injury, the most important thing you can do is seek medical attention. Older adults are more likely to become hospitalized or pass away from traumatic brain injuries. Unfortunately, traumatic brain injuries are commonly missed or misdiagnosed in older adults because the symptoms can overlap with other medical conditions.

For people of all ages, symptoms of a traumatic brain injury may not show up immediately after the accident. The shock and adrenaline caused by the accident can cover up some of the symptoms that would indicate a traumatic brain injury. If you have been in an accident, we recommend being evaluated by an emergency medical responder. If an EMT recommends that you go to the hospital for treatment, do so. If not, we still recommend scheduling an appointment as soon as possible with your doctor. Write down all of your symptoms and share them with your medical provider. Ensure that you get the medical attention you need to avoid the severe consequences of a traumatic brain injury.

Recovering Compensation After a TBI

After receiving the medical attention you need, we recommend discussing your case with a personal injury attorney. If another person or company’s negligence caused your traumatic brain injury, you might be entitled to compensation through a personal injury lawsuit. In some cases, you may be able to pursue compensation through the at-fault party’s insurance policy. For example, if a drunk driver collided with your vehicle, causing your traumatic brain injury, you can pursue compensation through that driver’s insurance policy.

Insurance companies are notorious for denying claims or making initial offers far too low. We recommend discussing your case with an attorney before signing any settlement agreement with the insurance company. There is a significant chance that the insurance company has made you a bad offer. An attorney can help you negotiate a better settlement agreement. When necessary, an attorney can take your case to court.

Contact an Alabama Traumatic Brain Injury Attorney

Traumatic brain injuries can cause unexpected long-term symptoms, and even death. If you or your loved one have experienced a traumatic brain injury caused by another person, it is crucial that you reach out to an experienced attorney as soon as possible. Contact Heninger Garrison Davis today to schedule your initial consultation and learn more about your rights.

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Can Inappropriate Emails or Text Messages Constitute Workplace Harassment?

The coronavirus pandemic has brought about many changes to the workforce. Since the beginning of 2020, more employers than ever have allowed their employees to work from home. Approximately one in four Americans, or over 26% of the workforce worked remotely through 2021. By 2025, 22% of the workforce will likely work from home. Currently, technology allows employees to continue working from home. Employees rely heavily on emails, video meetings, and text messages to keep each other informed. What happens when a co-worker uses inappropriate text messages or emails? Can this type of behavior rise to the level of sexual harassment?

Text Messages and Emails Can be Used as Evidence of Sexual Harassment

A text message or email can be used as solid evidence that unlawful sexual harassment in the workplace has occurred. Sexual harassment in the workplace does not need to be a face-to-face interaction, such as verbal offers to perform a sex act in exchange for a promotion or inappropriate touching. Even though text messages may be viewed as fleeting, employees can still use text messages to hold co-workers and employers accountable for sexual harassment or creating a hostile work environment. Examples of text messages that can constitute quid pro quo sexual harassment include the following:

An employer texts an employee asking for a nude photo while threatening to fire the employee if she does not respond

A co-worker continuously texts another co-worker to go out with him or her or engage in a sexual act. He threatens to make her life at work hell if she does not comply

A supervisor texts an employee nude pictures of himself, threatening the employee with a negative outcome if she files a report on him

Text Messages Can Create a Hostile Work Environment

Sexual harassment does not need to happen at an employee’s job site to create a hostile work environment. Regardless of the way in which an employee is sexually harassed, offensive, sexual, sexist, or derogatory comments can be used as evidence to file a sexual harassment claim with the equal employment opportunity commission (EEOC). All of the following types of messages can create a hostile work environment:

Emails

Voicemails

Social media postings

Messages through social media

Text messages

Video messages

Computer printouts

Employees should never be afraid to check their emails, answer the phone, or turn on their computers. Electronic communication is becoming more common than face-to-face communication at work. Employers have a responsibility to ensure that their employees know that electronic communications can rise to the level of sexual harassment. Employers need to take advantage of technological progress while making it crystal clear that unwelcome sexual advances or sexual comments are unlawful.

When are Text Messages Considered Sexual Harassment?

For text messages to be considered sexual harassment, the content of the message and how a reasonable person would feel when reading it needs to be taken into account. The text message does not need to be threatening to be considered sexual harassment. It is usually enough if the message is abusive or spam-like. The following types of text messages can be considered sexual harassment:

Threats of harm of violence

Repeated or unwanted contact of a sexual nature

Unwelcome sexually charged text messages

There is not an exact number of text messages you need to receive for the messages to create a hostile work environment. If the text messages are extremely egregious, one or two text messages could be enough to rise to the level of sexual harassment. If you have told the individual to stop contacting you and they continue to send these types of messages, it is wise that you reach out to an attorney as soon as possible.

What to Do if You Have Been the Victim of Sexual Harassment Through Text Messages

Being the recipient of sexual harassment can be stressful and devastating. If you have been receiving emails, text messages, social media messages, or video messages of a sexual nature from a co-worker or manager, you may be wondering what steps you should take. You may be concerned that the offender will be fired if you report the sexual harassment. One of the best steps you can take is to discuss your case with an attorney as soon as possible. You do not need to continue suffering through sexual harassment at work through electronic communication. You have a right to make the harassment stop.

Discuss Your Case With an Alabama Sexual Harassment Attorney

Continuing to work in a place that allows electronic sexual harassment can negatively affect your job performance, mental health, personal life, and emotional stability. The Alabama sexual harassment attorneys at Heninger Garrison Davis have helped many victims of sexual harassment stop the abuse and recover the compensation and remedies they deserve. Contact us today to schedule your initial consultation and learn more about your rights.

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The Elements of a Bad Faith Insurance Claim

After a car accident, a terrible storm, or any other type of accident, victims who have been injured rely on their insurance company to cover the cost of their medical bills, damaged property, and pain and suffering. Unfortunately, insurance companies do not always honor and pay out valid claims. When insurance companies deny valid claims, it is often because they are trying to cut corners to save money.

When insurance companies intentionally deny a person’s claim without a valid reason, it is called a bad faith insurance claim. If you or someone you love has been the victim of a bad faith Insurance claim, you have the right to pursue compensation. We will discuss the elements you will need to prove to recover compensation in a bad faith insurance claim case.

Understanding the Elements of a Bad Faith Insurance Claim

There are four key elements customers need to prove when bringing a bad face insurance claim:

A valid insurance claim

A delay or denial of the insurance claim

On unreasonable or unfair grounds

The customer experienced damages

First, the claimant must show that they have a valid insurance claim. Not all insurance policies cover all losses under every circumstance. To recover compensation under another driver’s car insurance policy, you will need to be able to prove he or she was at fault for your accident. Both first-party and third-party insurance claims can lead to bad faith insurance denials and delays of compensation.

The claimant will also need to prove that the resolution of their insurance claim has been delayed or denied. Insurance claims take time, so expecting a resolution and mediately or even within the first few days or weeks of failing will not constitute a delay in your claim. However, you are not required to sit through unjustified and unnecessary delays. You also need to show that the denial of your claim was unreasonable or unfair.

The claimant also needs to show that he or she has suffered financial losses due to the insurance companies’ bad faith practices. These financial losses are called damages. For example, if an insurance company has failed to pay out a claim after a bad storm, and the damage to the claimant’s home becomes worse, the claim may be entitled to compensation beyond the original value of the claim.

Examples of Unreasonable or Unfair Denials of Claims

Insurance companies that operate in Alabama have a legal duty to operate in good faith and fair dealing and to treat their customers fairly and honestly. When an insurance company unjustly denies insurance coverage or provides a customer with insufficient coverage for a claim within that customer’s policy, the insurance company is guilty of engaging in bad faith dealings. Examples of bad faith insurance practices include the following:

Unjustified denial of insurance coverage

Excessive delay in responding to an insurance claim for coverage

Lying or being misleading about what coverage a customer’s policy offers

Lying or being misleading about the facts surrounding the denial of insurance coverage

Failure to provide adequate reasoning on why the insurance company denied the claim

Failure to make a good-faith attempt to settle the claim when the insurer is reasonably likely to be liable

Altering an insurance application or policy without the customer’s knowledge and relying on these illegally altered documents to deny the customer’s claim

Canceling or rescinding a customer’s insurance policy to avoid paying a valid claim

Steps to Take When Dealing With a Bad Faith Insurance Claim

If you believe that you or your loved one have been the victim of a bad faith insurance claim, it is important that you carefully track all of the communications with your insurance. Make note of the dates and times of phone calls you have had with your insurance company. Write down the names of the representatives you have spoken to and any complaint or grievance numbers they have issued you. You will need to prove that you have tried to resolve your claim before taking legal action.

Discuss Your Bad Faith Insurance Claim With an Alabama Attorney

Working with an experienced Alabama bad faith insurance claim attorney will help you navigate the process of recovering the compensation you deserve. An attorney can help you pursue an appeal and negotiate the best settlement possible on your behalf. We will help you gather evidence showing that you are ready and willing to pursue legal remedies if the insurance company continues to wrongly deny your claim. If you need help pursuing a bad face insurance claim on behalf of yourself or a loved one, contact the professional and effective Alabama attorneys at Heninger Garrison Davis as soon as possible to schedule an initial consultation.

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HGD Hosts “Alabama Civil Justice Foundation” Grant Awards

The Alabama Civil Justice Foundation (ACJF) recently awarded several grants to nonprofits in the Birmingham area at the HGD Birmingham office. HGD partner, Erik Heninger, serves as President of (ACJF) and was on hand to award the grants to those nonprofits who were selected to receive them. The Mission of the Alabama Civil Justice Foundation is to assist in removing barriers to a civil and just society for Alabama families and children by (1) providing financial assistance to worthwhile charitable organizations serving disadvantaged, disabled, and at-risk families and children; and by (2) providing information and instruction beneficial to individual consumers and the larger community.

The ACJF believes it is important to work alongside prospective grantees to accomplish goals of mutual interest and we are very interested in reviewing programs and services that assist children, families, and seniors by providing civil legal aid and social services to those in need and supporting other social justice-related initiatives. Since 1993, ACJF has awarded more than $12 million in funds to local and statewide nonprofit organizations in a wide range of program areas.

5 FUNDING CATEGORIES:

Access to Justice:  The Foundation supports access to justice within the legal system for all Alabama citizens.

Children, Families and Seniors:  The Foundation supports efforts that build stronger families, nurture children and youth as well as offer children and youth exemplary learning opportunities.  ACJF supports efforts to enhance the lives of seniors in addition to persons with mental and physical challenges.

Community:  The Foundation supports efforts that foster thriving communities, encourage citizen involvement and develop partnerships among public and private organizations. ACJF also supports quality education, healthcare, and housing services for all Alabamians.

Responsibility and Accountability:  The Foundation supports efforts to enhance the accountability, transparency and ethics of government, corporations and other entities. ACJF supports efforts that compel accountability and responsibility by engaging in advocacy, research, monitoring, public awareness and training.

Safety and Security:  The Foundation supports efforts to ensure the overall safety of Alabamians through direct services, public awareness and public policy.

Among those non-profits who received grants from ACJF in spring 2022 are the Offender Alumni Association, Kid One Transport, Pathways, and The Bell Center.

  Click for more information on ACJF’s Grant Cycle and Grant Criteria.

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Brandy Robertson Secures $2.5 Million Judgment in Wrongful Death Case

HGD Partner Brandy Robertson recently recovered a $2.5 million-dollar wrongful death judgment against an individual who caused a head-on collision resulting in death. The defendant was driving erratically at a high rate of speed in the wrong lane of travel when they hit the victim head-on, causing fatal injuries. It was later discovered that the defendant was under the influence of a controlled substance at the time of the crash. The individual subsequently pled guilty to a murder charge for this fatal crash in criminal court and is currently serving time in prison for that conviction.

According to the National Highway Traffic Safety Administration, one person dies every 52 minutes from drunk-driving crashes.  Additionally, 56% of drivers involved in serious injury and fatal crashes tested positive for at least one drug.  Impaired drivers cannot accurately assess their own impairment, which is why no one should drive after using any impairing substances. It is illegal in all 50 U.S. states to drive under the influence of alcohol or any potentially impairing drug – prescribed or over the counter. Driving while impaired by any substance puts the driver and everyone else on the road with them in harm’s way.

If you or a loved one has been injured in an accident through no fault of your own, don’t hesitate to contact Heninger Garrison Davis to understand your rights.

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HGD Sponsors Alabama Head Injury’s 6th Annual “Beer, Band, And BBQ”

The team at Heninger Garrison Davis was a platinum sponsor for the 6th Annual “Beer Band and BBQ” fundraiser for Alabama Head Injury Foundation (AHiF) on March 19 at Avondale Brewery. After COVID-19 forced a two-year absence, the AHIF Birmingham Regional Board was pleased to hold the annual fundraiser again. The weather on Saturday provided the perfect backdrop for the well-attended event with music from the WD band, bbq from Saw’s, and Avondale beer.

This annual event helps bring awareness to the many challenges faced by those who have suffered from a traumatic brain injury. Scott Powell, Executive Director of AHiF, was on hand to share the many benefits that the foundation provides to people who have suffered a traumatic brain or spinal injury. The event was also attended by clients and caregivers from AHiF. The HGD team was out to support the event including partner, Brandy Robertson, a member of the AHiF board of directors, and HGD partner, Erik Heninger, a member of the AHiF Birmingham Regional Board.

One of the specialized practice areas for HGD is Brain and Spinal Injury, and the team often works with clients who have suffered devastating injuries. The fundraiser was held at Avondale Brewing who also donated part of the day’s proceeds to AHiF.

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HGD Sponsors BBA Solo Section “Ott Dog” Luncheon CLE

L-R: Erik Heninger, Judge John Ott, Leslie Rubio, and Jay Stewart

Heninger Garrison Davis teamed up with the Birmingham Bar Association (BBA) Solo Section to sponsor the annual “Ott Dog” Luncheon CLE at the Birmingham Bar Building on Marc 16. Close to 50 attorneys were in attendance to enjoy hot dogs and a presentation from Chief Magistrate Judge John E. Ott.

After Judge Ott’s discussion on “Successful Mediation,” the HGD team held a drawing for attendees. 

  Leslie Rubio – BBA Solo Section vice-chair, with Honza Prchal – HGD attorney

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HGD’s Bill Bross to Lead Birmingham YMCA 2022 Campaign

HGD Partner Bill Bross has been slated to lead the annual fundraising campaign for the Downtown Birmingham YMCA. Bill is a member of the Y board and has been active in the campaign for the past several years.

The YMCA of Greater Birmingham supports, to the tune of $2,200,000 annually, thousands of families and individuals through program and membership scholarships. Every year, the Downtown YMCA raises money to support the Y’s Annual Campaign, which provides valuable financial scholarships to those in our community who could not otherwise afford the valuable membership and programs offered.

Whether through traditional membership and programming or through cause-driven initiatives like Safety Around Water and the Y’s Foster Care Initiative, 100% of the proceeds from this fundraiser are poured right back into the community.  The Y is committed to equity, inclusion, and belonging for all here in Birmingham. No one is turned away from the Y for an inability to pay.

Bill has practiced his entire legal career with Heninger Garrison Davis. Prior to becoming an attorney, Bill was a registered nurse, and worked for many years in various capacities at several hospitals throughout Birmingham. He uses his medical background in his focused practice area, fighting for clients daily primarily in cases involving defective pharmaceutical products and medical devices.

When not practicing law, Bill enjoys time with his family. He and his wife, Sonya, have four children and three grand-children.

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HGD Secures $1.5 Million Judgement in Sexual Assault Case

Erik Heninger and Brandy Robertson secured a $1.5 million judgment against a cheerleading coach and gym for sexual assault and invasion of privacy of two women.  Along with other acts, the coach was secretly recording the cheerleaders – minors at the time – in various states of undress in the gym, the gym’s bathrooms, and while on a trip to a cheer competition.  Erik and Brandy are proud to have represented these two brave young women seeking to hold the coach and gym accountable for these despicable actions.

If you or a loved one has been involved in a situation involving sexual abuse, assault, or misconduct, don’t hesitate to contact Heninger Garrison Davis to understand your rights.

Call 1-800-241-9779 and ask for Erik or Brandy.

You may also chat below or send us a text.

Get more information from the video below:

Sexual Abuse and Sexual Assault Lawsuits

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Can I Sue a Hospital For Refusing to Provide Me Medical Treatment?

Every year, Americans make approximately 130 million visits to the emergency room. Private hospitals with Medicare approval are required by law to provide emergency care to patients who need care. A patient’s insurance status or ability to pay does not matter in most cases. If you have been denied treatment at a hospital and you have suffered medical problems because of the denial, you may have a right to file a medical malpractice lawsuit. Plaintiffs in medical malpractice lawsuits can recover compensation for all of the financial and emotional losses they have suffered due to the hospital’s refusal to provide them with medical treatment.

When Can a Hospital Refuse to Treat a Patient?

The majority of hospitals with emergency rooms must provide emergency medical treatment to anyone who needs it. Whether or not the patient can pay for the treatment does not matter. Hospitals must provide care. In the past, private hospitals could deny providing patients with care. Private emergency rooms frequently refuse to treat patients who did not have enough money to pay for the treatment. Hospitals would transfer patients who can pay to public hospitals in a process called dumping. Sadly, many patients died or suffered serious consequences because they did not receive treatment in time.

EMTALA

In 1986, Congress enacted the Emergency Medical Treatment and Active Labor Act (EMTALA). Under this law, private hospitals that receive any public funding through Medicare must provide emergency treatment to patients in need, regardless of whether the patient can pay for the treatment. As a result, hospitals are now prohibited from releasing patients to another hospital, refusing to treat them because they cannot pay. They must treat the patient until the patient is stable. Not all medical facilities are subject to EMTALA. For example, the following types of medical facilities may not be required to accept all patients for emergency treatment:

Private doctor’s offices

Hospitals without emergency departments

Medical laboratories that are not required to provide emergency care

Hospitals that do not accept federal funding

However, recent court rulings have stated that EMTALA applies to hospital-affiliated urgent care clinics. Hospitals can also refuse to treat patients with emergency medical care when:

The patient appears to be seeking treatment primarily to obtain illicit drugs

Patients have delusions of suffering from an illness but are not ill

Patients behave dangerously or destructively while awaiting medical treatment

Under EMTALA, an Emergency medical condition is defined as a condition with a sudden onset and symptoms, such as intense pain, substance abuse with straw, psychiatric disruption, women in active labor, and any other symptoms that could lead to:

A severe impairment of bodily function

A serious dysfunction of a body part or bodily function

Jeopardy and patience health

Jeopardizing an unborn child’s health

Can a Private Doctor Refuse to Treat a Patient

The EMTALA does not apply to private doctors. Private doctors have a right to refuse patient care for nearly any reason, including the patient’s inability to pay. However, private doctors are prohibited from refusing patience if their decision is based on unlawful discrimination based on age, gender, nationality, race, sexual orientation, or religion. Private doctors can refuse to provide treatment to new patients in the following scenarios:

The doctor’s office is not accepting new patients

The doctor’s office does not take your health insurance

The patient can I pay for the cost of treatment he or she needs

The doctor decided not to treat patients with your specific injury or illness

You or your spouse practice as a medical malpractice attorney

You have not paid for medical treatment you received from them in the past

The doctor’s office decided to stop accepting your health insurance

You have exhibited repeated or persistent drug-seeking behavior

You have been destructive or disruptive as a patient

The doctor chooses not to provide medical care due to religious or conscientious beliefs

Schedule a Complimentary Consultation With an Alabama Attorney

Has a hospital emergency room refused to treat you? Did you suffer additional medical complications because of their refusal to treat you? If so, you may have the right to file a medical malpractice lawsuit against the hospital. At Heninger Garrison Davis, Our Alabama medical malpractice attorneys have recovered millions of dollars in compensation for clients just like you. Contact us today to schedule your free initial consultation and learn more about whether you may have a right to compensation after being denied treatment.

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Causes of Lower Back and Neck Pain After a Car Accident

Car accidents can cause many different injuries, but many victims suffer lower back and neck pain. If you have been involved in a car accident, you may be wondering what is causing your neck and lower back pain. Perhaps you were in a fender bender or an accident that you did not consider to be serious, but now you are suffering from significant pain.

Suffering back or neck pain after being involved in a car accident is common. If you have been suffering from neck or back pain, you do not have to go through the process of obtaining compensation alone. The attorneys at Heninger Garrison Davis can review your case during a free initial consultation and help you understand your legal options.

How Common are Neck and Back Injuries in Car Accidents?

Over 800,000 neck injuries are caused by car accidents every year in the United States alone. The cost of treatment for these neck and back injuries may be as high as $5.2 billion. The force that goes along with car accidents can seriously damage a person’s neck and back. Drivers and passengers are susceptible to back and neck injuries during car accidents.

Neck injuries vary in type and severity. Some neck injuries are mild, while others are life-altering or fatal. The inertia or impact load of the neck increases during a car accident. Some neck and back injuries may heal on their own within a few weeks or months. Unfortunately, many neck and back injuries result in long-term physical, emotional, and financial consequences to the victim. Common types of neck or back injuries from car accidents include:

Whiplash

Ligament sprain

Disc injury

Muscle strain

Herniated disc

Vertebral dislocation in the cervical spine

Neck fracture

Cervical spinal cord injuries

Whiplash

Whiplash is one of the most common types of neck injuries. 90% of injuries in rear-end car accidents are some type of neck injury. When involved in a rear-end accident, a person’s cervical vertebrae suffer a forceful hyperextension followed by hyperflexion. In other words, the next snap forward and backward quickly when another vehicle collides with the victim’s vehicle. As a result, the soft tissue in the cervical spine can suffer strains or sprains, leading to headaches, forgetfulness, pain, and psychological disturbances. Many people assume that whiplash will go away quickly, but that is not always the case. Many people suffer long-term symptoms from whiplash.

Neck Fractures

Neck fractures are some of the most serious types of back injuries a person can experience in a car accident. They are usually accompanied by cervical dislocation. When a cervical spine is severely dislocated, the bone can become displaced and lock into the position, forcing the ligaments to rupture. These types of injuries require surgery and they can cause paralysis, depending on the extent of the swelling and nerve damage. When a pedestrian or vehicle document blocks with his or her head, they are more likely to suffer a cervical fracture. Elderly individuals and young children are more likely to suffer a fracture in a crash. The angle of force on the head and neck impacts the severity of the cervical fracture.

Cervical Spinal Cord Injuries

Cervical spinal cord injuries are often associated with fatalities or life-altering paralysis. These types of injuries happen when the force of a car accident causes a dislocation, fracture, or other type of damage to the spinal cord. Anytime there is a forceful damage to the spinal nerves, temporary or permanent paralysis can occur. The symptoms vary from patient to patient.

They can include autonomic imbalance, bladder and bowel dysfunction, and more. A person with a spinal cord injury is at risk of respiratory and cardiac failure, which can cause a person to die in the acute phase. Car accidents are the second leading cause of spinal cord injuries. Although the rate of these types of injuries has declined, they still occur and they can have a devastating impact on victims, requiring some to have around-the-clock care.

Contact an Alabama Car Accident Attorney

If you or your loved one have been seriously injured in an Alabama car accident, you are not alone. You may be entitled to compensation through an insurance claim or a personal injury lawsuit. The sooner you reach out to an experienced Alabama car accident attorney, the better. Contact Heninger Garrison Davis today to schedule your free initial consultation and learn more about how we can fight for your rights.

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How Do I Afford Therapy for My Traumatic Brain Injury?

Many people who suffer from traumatic brain injuries require intensive care and rehabilitation. Unfortunately, many Alabama residents cannot afford to attend these state-of-the-art rehabilitation centers. Medicaid, Medicare, and many private insurance companies cover the cost of brain surgery, inpatient hospital stays, and the intensive care needed to save a patient’s life. However, these government insurance programs and many private insurers will not pay for all of the rehabilitation programs that a patient needs to relearn the abilities and skills that have been taken away after a traumatic brain injury. Depending on the type of rehabilitation service, they can cost between $600 to $8,000 per day out-of-pocket.

Brain Injury Patients Can be Left Languishing

When a patient cannot pay out-of-pocket for rehabilitation and their insurance will not cover it, they do not attend the repair they need. The lack of health insurance coverage for rehabilitation results in thousands of TBI patients being discharged from the hospital. They are left languishing in their beds at home. During these early months after a brain injury, a person’s brain is most receptive to healing. Failure to begin rehabilitation can result in a loss of a person’s ability to regain use of their language, limbs, find emotional balance, and restore their cognitive ability.

Sadly, most patients who are discharged from rehabilitation hospitals do not go on to receive further care. They only have 16 days of treatment in most cases. Texas is the only state that legally requires insurance companies to cover comprehensive brain injury rehabilitation. Alabama does not have this type of law. As a result, many Alabama residents who become injured do not receive the rehabilitation they need after leaving the hospital.

Does My Insurance Company Cover Rehabilitation?

Many private insurers do not cover rehabilitation. Those who cover rehabilitation after a traumatic brain injury vary in their services. One of the most important things you can do is read the fine print of your insurance policy and understand what your insurance coverage limits are. You should ensure that your insurance company does not exclude cognitive therapy or view brain injury therapy as merely an experimental treatment. If your insurance company does provide rehabilitative services, they may try to deny your services or limit where you can attend rehabilitation.

Since rehabilitative services are so important to a patient’s long-term success, it is important that you discuss your case with an attorney. If you have suffered from a traumatic brain injury, your insurance may cover rehabilitative treatment. An attorney can help you understand the rights you have under your insurance policy and enforce them, holding the insurance company accountable. If an insurance company acts in bad faith to deny your claim, we can hold them accountable. You may be able to bring a lawsuit against the insurance company.

Seeking Compensation Through a Personal Injury Lawsuit

If you have been seriously injured and suffered a traumatic brain injury, you may be entitled to compensation. There are two main ways to recover compensation. You can try to recover compensation through the at-fault individual insurance policy. For example, if you were injured in a car accident that was not your fault, you can pursue compensation through the at-fault driver’s insurance policy. You can also pursue compensation through a personal injury lawsuit. One of the benefits of pursuing a personal injury lawsuit is that there is not a limit on the compensatory damages you can pursue.

You will be able to pursue damages for all of your current and future medical expenses, including the expenses associated with long-term rehabilitative care. Many companies will try to settle personal injury claims out of court. It is important that you do not sign any settlement agreements before an attorney reviews your case. An attorney can help you negotiate a fair settlement agreement that will include all of the costs associated with your traumatic brain injury. At Heninger Garrison Davis, we regularly work with financial and medical experts so we can try to pinpoint all of the expenses our clients will have in the future.

Contact an Alabama TBI Attorney Today

If you or your loved one have experienced a traumatic brain injury and you have concerns about paying for rehabilitation therapy, you need an attorney on your side. At Heninger Garrison Davis, We have helped many traumatic brain injury clients just like you recover the compensation they deserve. Contact our Alabama personal injury law firm today to schedule your free initial consultation.