Archive for Huntsville Accident Lawyer

Stay safe when trick-or-treating


We know a number of little ones will be out searching for candy in a variety of costumes.  Here are some tips to keeping your children safe while doing so.

  1. According to the NHTSA, twice as many children are hit by a car on Halloween than any other day of the year.  Make sure your child’s costume is highly visible to oncoming cars.  Use reflective tape on their costumes and/or bags.  Remind your children to look both ways prior to crossing the street.
  2. Encourage your children to leave their cellphones in their pockets while walking.  Texting and walking is just about as dangerous as texting and driving.
  3. Remind your children to stay out of the houses and cars of strangers.
  4. Do not let your children wear decorative contact lens, these lead to a number of ER visits each year.
  5. Only let your children eat factory-wrapped treats.  Even a well intentioned homemade treat may contain allergens or contaminants.
  6. Make sure they stay away from lit candles and wear a flame-resistant costume.
  7. Have fun!

McFalls elected President of Huntsville Young Lawyers

Tim is proud to have been elected president of the Huntsville Young Lawyers and began his term August 6, 2013. Tim, as new president, was honored to host the Sixth Annual Judicial Appreciation Party in honor of our Madison County Judges.

Tim had this to say about his opportunity to serve his local bar: “It is always special to be placed in a leadership position. I hope to keep the proud tradition of our organization in serving our local lawyers. As we help young lawyers in our community, we help the clients that those lawyers serve.”

Way to go Tim!

Can the claimant meet the demands of his past work?

Can the claimant meet the demands of his past work?

The Regulations provide that a vocational expert may offer expert opinions in response to hypothetical questions about whether a person with the physical and mental limitations of the claimant’s medical impairment can meet the demands of the claimant’s previous work, either as the claimant performed it or as it’s performed in the national economy.  If your client can still perform his previous job, he is not entitled to disability benefits.

Is the claimant capable of performing other work? Do jobs exist in significant numbers?

Is the claimant capable of performing other work? Do jobs exist in significant numbers within the claimant’s residual functional capacity given his age, education, and work experience?

This issue emerges in every case where the Medical-Vocational Guidelines do not direct a conclusion that the claimant is or is not disabled. For the Medical-Vocational Guidelines to be used, a claimant’s RFC, education and work experience must coincide with the criteria of one of the rules in the Guidelines. Where there is no close fit between a claimant’s abilities and the Medical-Vocational Guidelines, the Guidelines are still a framework used to determine how the claimant’s remaining occupational base with the other factors affecting your client’s ability to perform sustained employment for any job available in the national economy. See Section 348.


Flesh Eating Bacteria Patient Dies

It had been twelve days since the doctors told the Michigan woman that she was clear of a life-threatening virus when she took a turn for the worse.  Despite the accidental misdiagnosis, it is unclear whether the husband can sue the doctors or the hospital for wrongful death.  According to the National Necrotizing Fasciitis Foundation, many cases are misdiagnosed or found late and the patient gets the wrong treatment.  The foundation places the blame for the death plainly on the shoulders of the hospital, stating that they should have run blood tests to determine whether her white blood cells were elevated, a sign of infection.  It is unclear where the woman contracted the flesh-eating bacteria.