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When OSHA Finds Violations: What It Means for Alabama Workplace Fatality Lawsuits

Wed, 01 Apr 2026 00:30:13 GMT

Understanding how federal safety investigations can reveal negligence after a fatal workplace accident.

Workplace accidents remain a serious concern across many industries in Alabama. Construction sites, manufacturing plants, warehouses, and industrial facilities often involve hazardous conditions where safety must be carefully maintained. Unfortunately, when safety standards are ignored or improperly enforced, the consequences can be devastating.

When a worker dies due to a workplace accident, federal investigators from the Occupational Safety and Health Administration (OSHA) are often called in to examine what happened. These investigations frequently reveal safety violations that may have contributed to the tragedy.

For families who have lost a loved one, understanding the role of OSHA investigations and how they relate to wrongful death lawsuits is an important step toward seeking accountability and justice.

What OSHA Investigations Do After a Fatal Accident

When a workplace fatality occurs, employers are legally required to report the incident to OSHA within a specific timeframe. OSHA then launches an investigation to determine whether safety regulations were violated.

Investigators typically examine several factors, including:

Safety procedures and training programs
Condition of equipment and machinery
Compliance with federal workplace safety standards
Employer supervision and enforcement of safety rules

OSHA inspectors may interview witnesses, review documentation, and inspect the accident site to understand what led to the fatal incident.

Common Safety Violations in Workplace Fatalities

OSHA investigations often uncover safety issues that could have prevented the accident if proper precautions had been taken.

Some of the most common violations include:

Lack of fall protection on elevated work surfaces
Improper safety training for employees
Failure to maintain equipment properly
Inadequate safety supervision
Hazardous workplace environments

In construction-related accidents, falls from heights remain one of the leading causes of fatal injuries. Without proper guardrails, harness systems, or safety protocols, workers face significant risk.

The Difference Between OSHA Penalties and Civil Lawsuits

When OSHA finds safety violations, the agency may issue fines or penalties to the employer. While these penalties are meant to enforce safety standards and prevent future incidents, they do not provide financial compensation to the victim’s family.

This is where civil wrongful death claims may become important.

A wrongful death lawsuit allows surviving family members to pursue accountability in situations where negligence or unsafe conditions contributed to the loss of a loved one.

Unlike OSHA penalties, civil claims focus on the harm suffered by the victim and their family.

Alabama’s Unique Wrongful Death Laws

Alabama has a unique approach to wrongful death cases compared to many other states. Instead of awarding compensation strictly based on financial losses, Alabama law focuses on punitive damages.

Punitive damages are intended to punish negligent conduct and deter similar behavior in the future.

This legal framework emphasizes accountability when companies fail to follow safety standards that protect workers.

Evidence in Workplace Fatality Cases

In wrongful death lawsuits involving workplace accidents, several types of evidence may play an important role.

These may include:

OSHA investigation reports
Workplace safety records
Training documentation
Witness statements
Accident reconstruction analysis

OSHA findings can sometimes provide valuable insight into whether safety violations contributed to the accident.

However, additional investigation may also be necessary to fully understand what happened.

Third-Party Liability in Workplace Accidents

Not all workplace fatalities are solely the responsibility of the employer. In some cases, third parties may also share liability.

Examples may include:

Equipment manufacturers providing defective machinery
Contractors or subcontractors failing to follow safety standards
Property owners maintaining unsafe conditions

When third-party negligence contributes to an accident, additional legal claims may be possible.

Why Early Investigation Matters

After a fatal workplace accident, evidence can disappear quickly. Construction sites change, equipment is moved, and witness memories may fade over time.

Prompt investigation helps preserve important details that may be critical to understanding the cause of the accident.

This is one reason families often seek legal guidance early in the process.

Final Thoughts

The loss of a loved one in a workplace accident is a devastating experience for any family. While OSHA investigations focus on identifying safety violations, they do not provide direct compensation to those affected by the tragedy.

Understanding the legal options available through wrongful death claims can help families seek accountability when negligence contributes to a fatal accident.

By examining safety practices, investigating evidence, and holding responsible parties accountable, these cases help promote safer workplaces for everyone.

Fatal Truck Wrecks in Alabama: How Driver Fatigue and Safety Violations Lead to Wrongful Death Claims

Wed, 01 Apr 2026 00:30:13 GMT

Understanding the role of driver fatigue and safety violations in catastrophic trucking accidents.

Commercial trucking plays a vital role in transporting goods across Alabama and the United States. However, when safety regulations are ignored or drivers operate under dangerous conditions, the results can be catastrophic.

Large commercial trucks can weigh up to 80,000 pounds when fully loaded, making accidents involving these vehicles especially severe. When crashes occur due to negligence, they often lead to life-altering injuries or tragic fatalities.

In many fatal truck accident cases, investigations reveal issues such as driver fatigue, impaired driving, or violations of federal trucking regulations.

Understanding how these factors contribute to accidents can help families recognize when legal accountability may be necessary.

The Dangers of Driver Fatigue

Driver fatigue is one of the most serious risks in the trucking industry.

Long hours on the road can lead to reduced concentration, slower reaction times, and impaired decision-making. When drivers push beyond safe limits, they may struggle to stay alert behind the wheel.

Fatigue can affect driving performance in ways similar to alcohol impairment, increasing the likelihood of serious crashes.

Federal Hours-of-Service Regulations

To reduce fatigue-related accidents, federal law establishes Hours-of-Service regulations for commercial drivers.

These rules limit how long drivers can operate their vehicles without taking required rest breaks.

Drivers must follow strict guidelines regarding:

Maximum driving hours per day
Required rest periods
Weekly driving limits

Violating these regulations can create dangerous conditions for both truck drivers and other motorists on the road.

Electronic Logging Devices and Truck Data

Modern commercial trucks often include electronic logging devices (ELDs) that track driver activity.

These devices record:

Driving hours
Rest periods
Vehicle movement
Engine activity

ELD data can help investigators determine whether drivers followed federal safety rules.

In accident investigations, these records may provide valuable insight into driver behavior leading up to the crash.

Trucking Company Responsibility

While driver error may play a role in some accidents, trucking companies may also share responsibility when unsafe policies or practices contribute to a crash.

Examples of company negligence may include:

Pressuring drivers to meet unrealistic delivery schedules
Failing to enforce safety regulations
Neglecting vehicle maintenance
Hiring drivers with poor safety records

When companies prioritize speed or profits over safety, the risk of serious accidents increases.

Investigating Fatal Truck Accidents

Truck accident investigations are often complex because multiple factors may contribute to the crash.

Investigators may review:

Driver logs and ELD data
Maintenance and inspection records
Toxicology reports
Witness statements
Accident reconstruction evidence

These details help determine whether negligence played a role in the accident.

Wrongful Death Claims in Truck Accident Cases

When a fatal crash occurs due to negligence, surviving family members may pursue a wrongful death claim.

These claims focus on holding responsible parties accountable for unsafe conduct that led to the loss of life.

Potential defendants in truck accident cases may include:

The truck driver
The trucking company
Maintenance contractors
Equipment manufacturers

Identifying all responsible parties is an important part of the legal process.

Final Thoughts

Fatal truck accidents are among the most devastating incidents on Alabama’s roadways. When driver fatigue, safety violations, or company negligence contribute to these tragedies, understanding the legal process can help families seek accountability.

Investigations into trucking accidents often reveal critical information about driver behavior, company policies, and regulatory compliance.

By examining these factors carefully, the legal system can help ensure that those responsible for unsafe practices are held accountable and that similar tragedies may be prevented in the future.

The 18-Wheeler “Black Box”: Uncovering the Truth in Fatal Truck Wrecks

Sun, 01 Mar 2026 00:30:11 GMT

How modern truck data technology is transforming wrongful death investigations in Alabama.

Fatal accidents involving 18-wheelers are among the most devastating crashes on Alabama roads. Due to the size and weight of commercial trucks, collisions often result in catastrophic or fatal injuries. In the aftermath, grieving families are left searching for answers—what happened, who was at fault, and whether the crash could have been prevented.

In 2026, one of the most critical sources of truth in fatal truck wreck investigations isn’t found on the roadway—it’s inside the truck itself. Advanced digital tracking systems, including Electronic Logging Devices (ELDs) and Event Data Recorders (commonly called “black boxes”), now play a central role in determining liability.

Understanding how this data works—and how quickly it can disappear—is vital for families considering a wrongful death claim.

What Is a Truck’s “Black Box”?

Most commercial trucks today are equipped with an Event Data Recorder (EDR), similar to those used in aircraft. This device captures operational data before, during, and after a crash.

Black box data may include:

Vehicle speed
Brake application
Throttle position
Steering input
Engine performance
Seatbelt usage
Crash force impact

This information helps reconstruct the moments leading up to a collision with remarkable accuracy.

The Role of Electronic Logging Devices (ELDs)

In addition to black boxes, federal law requires most commercial trucks to use Electronic Logging Devices. ELDs track:

Driving hours
Rest breaks
Duty status
Route history

These logs are essential in determining whether a driver violated Hours-of-Service regulations—rules designed to prevent fatigue-related accidents.

Driver fatigue remains one of the leading causes of fatal trucking crashes nationwide.

How Data Proves Negligence

Digital truck data can uncover critical evidence such as:

Driver Fatigue

ELD records may reveal a driver exceeded legal driving limits or falsified rest logs.

Speeding

Black box data can confirm whether the truck was exceeding safe speeds before impact.

Brake Failure or Mechanical Issues

Maintenance neglect or delayed brake application may indicate trucking company liability.

Sudden Maneuvers

Steering and throttle data can show reckless or evasive driving behavior.

This digital evidence often becomes the foundation of wrongful death litigation.

Why Acting Quickly Is Critical

Unlike physical crash evidence, digital truck data is not stored indefinitely. In many cases:

Data may be overwritten
Devices may be reset
Records may be deleted under company retention policies

That’s why attorneys often issue a spoliation letter immediately after a fatal crash.

What Is a Spoliation Letter?

A spoliation letter is a formal legal notice sent to the trucking company instructing them to preserve all evidence related to the crash.

This includes:

Black box data
ELD logs
Maintenance records
Driver qualification files
Dispatch communications

Failure to preserve this data after notice can lead to legal penalties.

Trucking Company Liability in Fatal Accidents

Responsibility may extend beyond the driver. Trucking companies can be held liable for:

Negligent hiring practices
Inadequate driver training
Failure to maintain vehicles
Encouraging unsafe delivery schedules

Investigating corporate policies often reveals systemic safety failures.

Why Truck Wreck Cases Differ From Car Accidents

Fatal truck accident claims are more complex because they involve:

Federal transportation regulations
Corporate defendants
Multiple insurance carriers
Technical data analysis

This complexity makes early legal investigation essential.

Seeking Justice Through a Wrongful Death Claim

Under Alabama law, wrongful death damages are punitive—meant to punish wrongdoing and deter future negligence.

Black box and ELD data often play a decisive role in proving the level of misconduct involved.

Final Thoughts

When a fatal 18-wheeler crash occurs, the truth is often locked inside digital systems controlled by the trucking company. Acting quickly to preserve and analyze this data can mean the difference between unanswered questions and accountability.

For families seeking justice, understanding the role of black box evidence is a powerful first step. If you’ve lost a loved one in a fatal truck accident, you don’t have to navigate the legal process alone. Our team is here to help you understand your rights and pursue accountability.

Call Matt Matthews Attorney at Law today at (334-398-8408) for a confidential consultation.

Disclaimer:
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters, and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established. These recoveries and testimonials are not an indication of future results. Every case is different, and regardless of what friends, family, or other individuals may say about what a case is worth, each case must be evaluated on its own facts and circumstances as they apply to the law. The valuation of a case depends on the facts, the injuries, the jurisdiction, the venue, the witnesses, the parties, and the testimony, among other factors.

With offices located in downtown Montgomery, The Law Office of Richard F. Matthews, Jr. serves Montgomery County, Pike County, Elmore County, Autauga County, the River Region of Alabama, and throughout the State of Alabama, including Montgomery, Troy, Wetumpka, Prattville, Selma, and Tuskegee. No attorney-client relationship is established by requesting a consultation or emailing Attorney Richard F. Matthews, Jr. Information submitted in such communication is not privileged and may be subject to disclosure.

Fatalities Beyond the Road: Pursuing Justice for Workplace & Business Negligence

Sun, 01 Mar 2026 00:30:11 GMT

How families can pursue justice after fatal accidents on job sites or commercial property.

Not all fatal accidents happen on highways. Many occur in workplaces, industrial facilities, construction sites, and commercial properties across Alabama. When a loved one dies in one of these environments, families are often told the case is limited to workers’ compensation benefits.

But in 2026, the legal reality is more nuanced.

While workers’ compensation may provide certain benefits, it does not always represent the full extent of legal accountability—especially when third-party negligence is involved.

Understanding Workers’ Compensation Death Claims

When a worker dies on the job, workers’ compensation may provide:

Funeral expense coverage
Partial wage benefits to dependents

However, these benefits are limited and do not address broader accountability.

Workers’ compensation also typically prevents lawsuits against the employer directly.

When Third-Party Liability Comes Into Play

Many workplace fatalities involve parties beyond the employer, such as:

Equipment manufacturers
Subcontractors
Property owners
Maintenance providers

If negligence by any third party contributed to the fatal incident, families may pursue a separate wrongful death claim.

Examples of Third-Party Negligence

Defective Equipment

Faulty machinery or safety gear may create manufacturer liability.

Negligent Subcontractors

Improper work by another contractor can lead to fatal hazards.

Unsafe Property Conditions

Business owners may be liable for dangerous premises.

These claims exist outside workers’ compensation limits.

Why This Distinction Matters in Alabama

Alabama’s wrongful death laws allow only punitive damages—focused on punishing wrongdoing rather than compensating financial loss.

When third-party negligence is proven, families may pursue accountability beyond workers’ compensation benefits.

Investigating Workplace Fatalities

Thorough investigations often involve:

OSHA reports
Safety inspection records
Equipment maintenance logs
Witness testimony
Surveillance footage

Identifying every liable party is key to building a comprehensive claim.

Industrial & Commercial Settings With Elevated Risk

Fatal incidents frequently occur in:

Construction sites
Warehouses
Manufacturing plants
Oil and gas facilities
Retail or commercial properties

Each setting presents unique liability considerations.

The Importance of Early Legal Action

Critical evidence can disappear quickly after fatal incidents. Early legal involvement helps:

Preserve accident scenes
Secure documentation
Identify responsible parties
Prevent evidence destruction

Timing is especially important when multiple companies are involved.

Supporting Families Through the Legal Process

Wrongful death claims are emotionally complex. Legal guidance helps families:

Understand their rights
Navigate probate requirements
Manage legal timelines
Pursue accountability while focusing on healing

Final Thoughts

When a fatal accident occurs at a workplace or business, the legal path may extend beyond workers’ compensation. Identifying third-party negligence can open the door to broader justice under Alabama’s wrongful death framework.

Understanding these options empowers families to make informed decisions during an incredibly difficult time.If your family is facing the loss of a loved one due to workplace or business negligence, compassionate legal guidance is available.Call Matt Matthews Attorney at Law today at (334-398-8408) for a confidential consultation.

Disclaimer:

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters, and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established. These recoveries and testimonials are not an indication of future results. Every case is different, and regardless of what friends, family, or other individuals may say about what a case is worth, each case must be evaluated on its own facts and circumstances as they apply to the law. The valuation of a case depends on the facts, the injuries, the jurisdiction, the venue, the witnesses, the parties, and the testimony, among other factors.

Key Steps to Take After an Industrial Accident in Alabama: What Every Worker Should Know

Sun, 01 Feb 2026 00:30:14 GMT

Key Steps to Take After an Industrial Accident in Alabama: What Every Worker Should Know

Industrial accidents can happen without warning and often result in serious injuries that disrupt a worker’s health, income, and future employment. Whether the accident occurs at a construction site, manufacturing facility, warehouse, or industrial plant, knowing what to do immediately afterward is critical.

In Alabama, workplace injury claims follow specific rules and timelines. Taking the right steps early can help protect your health and preserve your legal rights. This guide explains what injured workers should know and do after an industrial accident to avoid common mistakes and ensure their claim is handled properly.

Step 1: Get Immediate Medical Attention

Your health should always come first. After an industrial accident, seek medical attention as soon as possible—even if injuries appear minor at first.

Some injuries, such as:

Head trauma
Internal injuries
Back or spinal damage

may not show symptoms right away. Prompt medical care:

Protects your well-being
Creates a medical record linking the injury to the accident
Prevents insurers from questioning the seriousness or cause of the injury

In many Alabama workers’ compensation cases, the employer or insurance carrier may direct you to an approved medical provider.

Step 2: Report the Accident to Your Employer Immediately

Alabama law requires injured workers to notify their employer of a workplace injury as soon as possible. Delays in reporting can raise questions about whether the injury is work-related.

When reporting:

Provide clear, factual details
Avoid speculation or assigning blame
Make sure the report is documented

Failure to report an accident promptly may jeopardize your ability to receive benefits.

Step 3: Document Everything

Strong documentation can make a major difference in industrial accident cases.

Important documentation includes:

Accident reports
Medical records and treatment notes
Photos of the accident scene and injuries
Names of witnesses
Dates, times, and locations related to the incident

Keeping organized records helps support your claim and reduces disputes.

Step 4: Understand Your Workers’ Compensation Rights

Most industrial accident claims in Alabama are handled through workers’ compensation. These benefits may include:

Medical treatment
Partial wage replacement
Temporary or permanent disability benefits

Workers’ compensation is generally a no-fault system, meaning you usually do not need to prove employer negligence. However, eligibility rules still apply, and benefits are not automatic.

Step 5: Follow Medical Advice Carefully

Failing to follow medical recommendations can hurt both your recovery and your claim. Skipping appointments or ignoring restrictions may be used to argue that:

The injury is not serious
You are able to return to work sooner than claimed

Always follow treatment plans and keep records of all medical visits.

Step 6: Be Cautious With Statements and Forms

After an industrial accident, insurance representatives may request statements or additional documentation. While cooperation is often required, be careful about:

Giving recorded statements without understanding the purpose
Signing documents you do not fully understand
Minimizing symptoms or injuries

Even small inconsistencies can be used to challenge your claim.

Common Mistakes Injured Workers Make

Industrial accident claims can be negatively affected by avoidable mistakes, including:

Waiting too long to report the injury
Failing to seek immediate medical care
Not documenting the accident
Returning to work too early
Assuming benefits will be approved automatically

Understanding these pitfalls helps workers avoid unnecessary delays or denials.

When Industrial Accidents Involve Third-Party Claims

In some cases, an industrial accident may involve a third party, such as:

Equipment manufacturers
Subcontractors
Property owners

These situations may allow for additional legal claims beyond workers’ compensation. Identifying these possibilities requires careful review of the accident circumstances.

Why Legal Guidance Can Be Important

Industrial accidents often involve serious injuries, long recovery periods, and complex claims. An experienced Alabama workplace injury attorney can help:

Ensure reporting and filing deadlines are met
Review denied or delayed claims
Identify additional legal options
Communicate with insurers on your behalf

Early guidance can help protect your rights and reduce unnecessary stress.

Final Thoughts

Industrial accidents can leave workers facing uncertainty about their health, finances, and future employment. Taking the right steps immediately after an accident—seeking medical care, reporting the injury, documenting details, and understanding your rights—can make a meaningful difference in how a claim is resolved.

For Alabama workers, being informed and proactive is one of the best ways to protect yourself after a serious workplace injury. If you have questions about your rights or need guidance on next steps, speaking with an experienced Alabama workers’ compensation attorney can provide clarity and peace of mind.

Attorney Matt Matthews is available to review your situation and help you understand your options before critical deadlines pass. Call 334-398-8408 or visit our contact page to schedule a consultation.

Understanding Wrongful Death Claims in Alabama: Legal Guidance for Grieving Families in 2026

Sun, 01 Feb 2026 00:30:14 GMT

A clear explanation of Alabama wrongful death laws and what families should know when pursuing accountability.

Losing a loved one is one of the most painful experiences a family can face—especially when the loss could have been prevented. In addition to grief, families are often left with questions about what happened, who may be responsible, and whether legal action is possible. In Alabama, wrongful death claims follow a unique legal structure that differs from many other states.

Understanding how wrongful death claims work can help families make informed decisions during an incredibly difficult time. This guide explains the basics of Alabama wrongful death law, who can file a claim, and what families should expect in 2026.

What Is a Wrongful Death Claim?

A wrongful death claim arises when a person dies as a result of another party’s wrongful act, negligence, or omission. Common situations that may lead to wrongful death claims in Alabama include:

Motor vehicle accidents
Workplace or industrial accidents
Defective products
Dangerous property conditions
Acts of violence or criminal conduct

The purpose of a wrongful death claim in Alabama is not to compensate the family for financial loss, but rather to hold the responsible party accountable for their actions.

How Alabama’s Wrongful Death Law Is Different

Alabama’s wrongful death law is unique. Unlike most states, Alabama allows only punitive damages in wrongful death cases. This means:

Damages are intended to punish the wrongdoer
The focus is on the severity of the defendant’s conduct
Damages are not based on medical bills, funeral costs, or lost income

This approach is designed to discourage dangerous behavior and protect public safety.

Who Is Allowed to File a Wrongful Death Claim in Alabama?

Under Alabama law, a wrongful death claim must be filed by the personal representative of the deceased person’s estate . This individual may be:

An executor named in a will, or
An administrator appointed by the probate court

Although the personal representative files the claim, any recovery is distributed to heirs according to Alabama’s intestacy laws—not the estate itself. Family members cannot file a wrongful death lawsuit directly unless they are appointed as the personal representative.

What Must Be Proven in a Wrongful Death Case

To succeed in a wrongful death claim, the personal representative must generally show:

A death occurred
The death was caused by the defendant’s wrongful conduct
The conduct was negligent, reckless, or intentional
The conduct warrants punitive damages

Evidence may include accident reports, witness testimony, expert analysis, and other documentation showing how the defendant’s actions led to the death.

Time Limits: Alabama’s Statute of Limitations

Alabama imposes a two-year statute of limitations for wrongful death claims. This means the lawsuit must be filed within two years from the date of death.

Missing this deadline usually results in losing the right to pursue a claim, regardless of the circumstances. Because estate matters and investigations can take time, families should avoid unnecessary delays when evaluating legal options.

How Fault Is Considered in Wrongful Death Cases

While Alabama applies a strict contributory negligence rule in personal injury cases, wrongful death claims focus primarily on the defendant’s conduct. Defendants may still attempt to argue that:

Another party was responsible
The conduct does not justify punitive damages
The deceased contributed to the incident

Each case requires careful legal analysis to determine how fault issues may affect the claim.

How Wrongful Death Recoveries Are Distributed

If punitive damages are awarded:

The recovery does not pass through the estate for debt payment
Creditors generally cannot claim the funds
Distribution follows Alabama’s intestacy laws

This structure reinforces the punitive purpose of wrongful death claims and ensures accountability rather than compensation.

Common Misunderstandings About Wrongful Death Claims

Families often believe wrongful death claims will:

Cover medical expenses
Pay funeral costs
Replace lost income

While these assumptions are understandable, Alabama law does not allow damages to be calculated in this way. Understanding this distinction early helps set realistic expectations.

Why Legal Guidance Is Important

Wrongful death claims are legally complex and emotionally challenging. An experienced Alabama wrongful death attorney can help families:

Determine whether a valid claim exists
Handle probate and personal representative requirements
Gather and preserve critical evidence
Navigate negotiations or litigation

Legal guidance allows families to focus on healing while ensuring their rights are protected.

Steps Families Can Take After a Loss

After a wrongful death, families may consider:

Preserving evidence and records
Avoiding early insurance statements
Understanding probate responsibilities
Seeking legal guidance before deadlines expire

Taking thoughtful steps early can help protect future legal options.

Final Thoughts

Alabama’s wrongful death laws are designed to hold wrongdoers accountable and discourage dangerous conduct—not to measure the value of a life in financial terms. While no legal action can undo a tragic loss, a wrongful death claim may provide a sense of justice and accountability.

In 2026, understanding these laws helps families navigate an already difficult situation with clarity and confidence.

If you have questions about wrongful death claims in Alabama or need help understanding your legal options, Attorney Matt Matthews is available to speak with you. Call 334-398-8408 or visit the firm’s contact page to request a confidential consultation.

Alabama Car Accident Injury Rights 2026 | Personal Injury Legal Guide

Tue, 13 Jan 2026 11:14:42 GMT

What Alabama accident victims need to know about fault, insurance, and protecting their legal rights after a serious crash.

A serious car accident can change your life in seconds. Beyond the immediate shock and injuries, many people are left dealing with medical bills, lost income, insurance calls, and confusion about what they should do next. In Alabama, understanding your legal rights after an auto accident is especially important because the state follows strict fault rules that can directly affect whether you are able to recover compensation.

As we move into 2026, this guide explains what Alabama drivers and passengers should know after a serious accident, how the law impacts injury claims, and the steps that can help protect your rights.

Alabama Is an At-Fault State—Why That Matters

Alabama follows an at-fault system for car accidents. This means the person who caused the accident is generally responsible for paying damages through their insurance.

However, Alabama also applies one of the strictest legal doctrines in the country: pure contributory negligence . Under this rule, if an injured person is found to be even slightly at fault for the accident, they may be barred from recovering compensation.

Because of this:

Fault determination is critical
Insurance companies often look for reasons to assign partial blame
Small details can have major consequences

Understanding how fault is evaluated is essential after any serious crash.

Your Immediate Rights After a Car Accident

After an accident, you have important rights that should be protected from the start:

The right to seek medical treatment
The right to file an insurance claim
The right to gather evidence
The right to consult with legal counsel

Exercising these rights early can help prevent mistakes that later harm your claim.

Seek Medical Attention—Even If Injuries Seem Minor

One of the most common mistakes accident victims make is delaying medical care. Some injuries—such as whiplash, internal injuries, or head trauma—may not show symptoms immediately.

Prompt medical treatment:

Protects your health
Creates medical records linking injuries to the accident
Prevents insurers from arguing injuries were unrelated

Medical documentation plays a central role in any Alabama personal injury claim.

How Fault Is Determined in Alabama Car Accident Cases

Fault is determined using a combination of evidence, including:

Police Reports

Officers document accident scenes, driver statements, road conditions, and traffic violations. While police reports do not automatically determine fault, they carry significant weight.

Physical Evidence

Vehicle damage, skid marks, debris, and road layout can help reconstruct what happened.

Witness Statements

Independent witnesses often provide crucial, unbiased accounts of how the accident occurred.

Driver Statements

Statements made at the scene or to insurance adjusters may be used to argue fault. Even casual remarks can be misinterpreted.

Because Alabama law is unforgiving when it comes to contributory negligence, insurance companies carefully analyze all of this evidence.

Dealing With Insurance Companies After an Accident

Insurance adjusters may contact you quickly after an accident. While they may appear helpful, their primary goal is to limit the insurer’s financial exposure.

Be cautious about:

Providing recorded statements
Speculating about fault
Accepting early settlement offers

Once you accept a settlement, you typically give up the right to pursue additional compensation—even if injuries worsen later.

What Compensation May Be Available in an Alabama Injury Claim

If you are not found at fault, you may be eligible to pursue compensation for:

Medical expenses (current and future)
Lost wages and reduced earning capacity
Pain and suffering
Property damage

The amount and type of compensation depend on the severity of injuries and the circumstances of the accident.

Common Mistakes That Can Harm an Accident Claim

Certain actions can significantly weaken an injury claim in Alabama, including:

Admitting fault or apologizing at the scene
Failing to call law enforcement
Delaying medical treatment
Posting accident details on social media
Missing legal deadlines

Even small missteps can give insurers an argument to deny compensation.

Time Limits Matter: Alabama’s Statute of Limitations

Alabama law sets strict deadlines for filing personal injury claims. In most cases:

Injury claims must be filed within two years of the accident
Missing the deadline usually means losing the right to recover damages

Early evaluation of a claim helps ensure deadlines are met and evidence is preserved.

When Legal Guidance Becomes Especially Important

While not every accident requires legal action, serious accidents often involve:

Significant injuries
Disputed fault
Long-term medical care
Lost income
Insurance resistance

An Alabama personal injury lawyer can help evaluate liability, gather evidence, communicate with insurers, and protect your legal position—particularly under Alabama’s strict contributory negligence rule.

Understanding Your Rights Can Protect Your Future

Car accidents bring uncertainty, but knowing your rights helps you make informed decisions. Alabama’s laws make it essential to act carefully, document everything, and understand how fault affects compensation.

By seeking prompt medical care, preserving evidence, and understanding the legal process, accident victims can protect their interests and avoid mistakes that could jeopardize their recovery.

Final Thoughts for Alabama Accident Victims

In 2026, serious auto accidents continue to present legal and financial challenges for Alabama residents. Understanding how fault is determined, how insurance claims work, and what steps to take after a crash can make a meaningful difference.

Being informed is one of the strongest tools accident victims have. Taking the right steps early helps protect your health, your rights, and your future.

What Injured Workers in Alabama Need to Know About Workers’ Compensation Claims in 2026

Tue, 13 Jan 2026 10:20:11 GMT

A practical guide to Alabama workers’ compensation benefits, claims, and employee rights after a workplace injury.

Getting injured on the job can turn your life upside down in an instant. Medical bills start piling up, work becomes uncertain, and many injured workers are left wondering how they will support themselves and their families. In Alabama, workers’ compensation laws are designed to provide financial and medical support to employees hurt at work—but the process is not always straightforward.

As we move into 2026, understanding how Alabama workers’ compensation claims work is more important than ever. Whether you work in construction, manufacturing, healthcare, retail, or another industry, knowing your rights and responsibilities can help you avoid costly mistakes and protect your benefits.

This guide explains how workers’ compensation works in Alabama, what benefits may be available, and what injured workers should do if problems arise during the claim process.

What Is Workers’ Compensation in Alabama?

Workers’ compensation is a system that provides benefits to employees who are injured or become ill as a result of their job. In Alabama, most employers with five or more employees are required to carry workers’ compensation insurance.

The system is designed to be “no-fault,” meaning:

You generally do not need to prove your employer caused the injury
In exchange, you usually cannot sue your employer for negligence

Instead, injured workers receive benefits through the workers’ compensation system.

Who Is Eligible for Workers’ Compensation Benefits?

To qualify for workers’ compensation in Alabama, several basic conditions must be met:

You must be an employee (not an independent contractor in most cases)
The injury or illness must be work-related
The injury must have occurred while performing job duties
The employer must carry workers’ compensation insurance

Common covered injuries include:

Slip and fall accidents
Lifting or repetitive stress injuries
Machinery or equipment accidents
Work-related vehicle accidents
Exposure-related illnesses

Some injuries, such as those caused by intoxication or intentional misconduct, may not be covered.

Reporting a Workplace Injury: Timing Matters

One of the most common mistakes injured workers make is waiting too long to report an injury.

In Alabama:

You must notify your employer as soon as possible
Written notice is typically required within five days
Failure to provide timely notice may jeopardize your claim

Even if the injury seems minor at first, reporting it immediately helps protect your rights. Many injuries worsen over time, and delayed reporting can give insurers a reason to question whether the injury is truly work-related.

What Benefits Are Available Under Alabama Workers’ Compensation?

Workers’ compensation benefits in Alabama generally fall into several categories:

1. Medical Benefits

Workers’ compensation covers reasonable and necessary medical treatment related to the injury, including:

Doctor visits
Hospital care
Surgery
Physical therapy
Prescription medications

Employers or insurers typically have the right to choose the treating physician.

2. Temporary Disability Benefits

If you are unable to work while recovering, you may receive temporary disability payments:

Temporary Total Disability (TTD): When you cannot work at all
Temporary Partial Disability (TPD): When you return to work at reduced capacity

These benefits are usually calculated as a percentage of your average weekly wage, subject to state limits.

3. Permanent Disability Benefits

If an injury results in lasting impairment, permanent disability benefits may apply:

Permanent Partial Disability (PPD): Partial loss of function
Permanent Total Disability (PTD): Inability to return to gainful employment

The amount and duration depend on the severity and classification of the injury.

4. Vocational Rehabilitation

In some cases, injured workers may receive assistance with job retraining if they cannot return to their previous role.

The Workplace Injury Claim Process in Alabama

Understanding the process helps reduce stress and confusion:

Report the injury to your employer
Seek medical treatment through an approved provider
File a workers’ compensation claim
Receive benefits if the claim is approved
Resolve disputes if benefits are delayed or denied

While the system is intended to be efficient, disputes are common—especially over medical treatment, return-to-work status, or disability ratings.

Common Reasons Workers’ Compensation Claims Are Denied

Unfortunately, not all claims are approved. Common reasons include:

Late injury reporting
Disputes over whether the injury is work-related
Claims involving pre-existing conditions
Allegations of employee misconduct
Incomplete medical documentation

A denial does not always mean the end of a claim, but it does mean additional steps may be required.

What to Do If Your Claim Is Delayed or Denied

If you experience delays, reduced benefits, or a claim denial, it is important to act quickly. Options may include:

Requesting additional medical evaluations
Filing an appeal
Providing supporting documentation
Challenging insurer decisions through legal channels

Because workers’ compensation rules can be complex, many injured workers seek guidance from an Alabama workers’ compensation lawyer when disputes arise.

Why Legal Guidance Can Make a Difference

Workers’ compensation insurers handle thousands of claims and often focus on limiting payouts. Having knowledgeable legal representation can help:

Ensure deadlines are met
Protect access to medical care
Challenge unfair claim denials
Secure appropriate disability benefits

Legal support is especially important in cases involving serious injuries, permanent disability, or disputes over eligibility.

Final Thoughts for Injured Workers in Alabama

Workplace injuries can create uncertainty, but understanding the workers’ compensation system gives injured employees a stronger position. Knowing when and how to report an injury, what benefits may be available, and how to respond to problems can make a meaningful difference in recovery and financial stability.

As 2026 approaches, staying informed about Alabama’s workers’ compensation laws helps injured workers protect their rights and make confident decisions during a difficult time.

What to Do Immediately After an Alabama Automobile Accident to Protect Your Rights

Mon, 01 Dec 2025 00:30:02 GMT

Essential Steps to Safeguard Your Legal Rights After an Alabama Auto Accident

A sudden car crash in Alabama can leave you disoriented and overwhelmed. Yet the actions you take in the minutes and hours afterward can significantly affect your safety, your evidence, and your ability to recover compensation.

This guide explains the immediate steps to protect your health and preserve any future claim , covering safety, documentation, medical care, and Alabama-specific laws — including contributory negligence , mandatory crash reporting , and the two-year statute of limitations .

You’ll learn:

The first steps to take after a crash
What information and evidence to gather
Why immediate medical attention protects your claim
How to navigate insurance safely
What Alabama law requires regarding accident reporting
What types of damages you may recover

What Are the First Steps to Take Immediately After an Alabama Car Accident?

Your priority is safety and evidence preservation . These early actions protect people at the scene and help create a reliable record of what happened — something especially important in Alabama due to its strict fault laws.

1. Secure the scene

Turn off engines and turn on hazard lights.
If safe, move vehicles out of traffic to prevent additional collisions.
If police are responding, request that they document the scene before anything is moved, if possible.

2. Check for injuries

Conduct a quick assessment of yourself and passengers.
Do not move anyone who may have spinal, neck, or severe injuries unless they are in immediate danger.

3. Call 911

Always call 911 for crashes involving:

Injuries
Death
Significant vehicle damage
Road hazards or blocked traffic

Police will create an official crash report, which becomes critical for insurance and legal claims.

4. Preserve the scene and gather evidence

Before vehicles or people leave, collect:

Photos and videos (wide shots, close-ups, positions, debris, skid marks, traffic signs, road conditions)
Driver information (license, insurance, plate numbers)
Witness contacts (names, phone numbers, short statements if possible)

5. Notify your insurer — but be cautious

Call your insurer promptly to report the crash, but:

Provide basic facts only (who, where, when).
Avoid discussing fault.
Decline any recorded statement until you’ve spoken with an attorney.
Offer to send a written summary later.

Because Alabama follows strict contributory negligence , even small admissions can be used to deny your claim.

How Should You Document the Accident to Support Your Alabama Car Accident Claim?

Strong documentation builds a credible, timestamped record of what happened. This helps counter disputes and strengthens your position with insurers.

Key Evidence to Gather:

Gathering comprehensive evidence is crucial for any successful claim, as each type of documentation serves a distinct, vital purpose. The Police crash report is indispensable, providing an official account including the officer's details, diagram, and narrative, which is heavily relied upon by insurers and courts. Photos and video offer necessary visual proof, capturing the wide scene, vehicle positions, close-ups of damage, and road conditions, often enhanced by metadata like timestamps.

Witness statements are critical for corroborating your version of events, requiring a record of their names, contact information, and a brief summary of what they observed. To establish a direct link between the incident and your physical harm, Medical records documenting ER notes, diagnoses, treatment dates, and bills must be collected. Furthermore, Vehicle damage documentation, such as repair estimates, receipts, and shop photos, is necessary to accurately prove economic losses. Finally, Digital or metadata evidence, including dashcam footage, GPS data, and phone timestamps, provides objective proof of the incident's timeline and location.

How to Obtain Your Police Report

Alabama crash reports can be purchased through ALEA (Alabama Law Enforcement Agency) online or at select Driver License offices. Keep the report number and officer's name to retrieve it easily.

Why Is Immediate Medical Attention Crucial After an Alabama Auto Accident?

Many injuries — such as concussions, internal bleeding, soft-tissue injuries, and spinal trauma — aren’t obvious right away.

Immediate medical evaluation helps you by:

Identifying hidden injuries before they worsen
Creating medical documentation that links symptoms to the crash
Strengthening your claim by proving the injury occurred because of the accident
Preventing insurers from arguing that treatment delay caused or worsened the condition

Even if you feel “fine,” always get checked by a medical professional within hours of the crash.

How Do You Navigate the Insurance and Legal Process After an Alabama Car Accident?

Navigating Alabama’s insurance system requires caution, especially because Alabama uses a contributory negligence rule.

What is Contributory Negligence?

If you are found even 1% at fault , you may be barred from recovering compensation. This makes evidence preservation and careful communication critical.

Safe steps to follow:

Notify your insurer with basic facts and the police report number.
Provide documented medical records, repair estimates, and photos when ready.
Avoid giving recorded statements about fault or injuries.
Keep all emails, letters, and call logs in a claims file .
Contact a personal-injury attorney early to avoid mistakes that could permanently affect your case.

Statute of Limitations in Alabama

You generally have two years from the date of the accident to file a personal injury lawsuit (Ala. Code § 6-2-38). Missing this deadline usually ends your right to recover.

What Types of Evidence and Documentation Strengthen Your Alabama Car Accident Case?

Your goal is to prove:

Fault
Injury connection
Financial impact

Essential Evidence Checklist:

The process of building a successful personal injury claim relies on collecting and organizing specific pieces of essential evidence. This evidence serves a distinct purpose in establishing fault, injury severity, and economic loss. The Police crash report is crucial, as its officer ID, report number, and narrative provide a baseline factual record for both insurers and court proceedings.

To prove the severity and direct causation of your injuries, you must submit Medical records, which include precise dates of treatment, diagnoses, and detailed treatment notes. Photos and videos offer visual proof of the scene, showing damage and conditions, and are strengthened by being timestamped and securely backed up. The narrative of the crash is supported by Witness statements, for which collecting contact information and written notes is vital. Finally, to prove your economic losses, detailed Repair estimates with itemized parts and labor are required.

What Compensation Can You Recover After an Alabama Automobile Accident?

Alabama allows several types of compensation depending on your losses and the nature of the crash.

1. Economic Damages

These cover measurable financial losses, such as:

Medical bills
Future medical expenses
Lost wages and lost earning capacity
Vehicle repair or total loss
Out-of-pocket costs

Proof required: itemized bills, invoices, employer statements, repair estimates.

2. Non-Economic Damages

These compensate for personal and emotional harm, such as:

Pain and suffering
Mental anguish
Loss of enjoyment of life
Permanent impairment

Proof required: medical notes, therapist reports, personal statements, witness testimony.

3. Punitive Damages (Rare)

Awarded only in cases of wanton, reckless, or intentional misconduct , such as intoxicated driving or extreme road-rage behaviours.

How to Present a Strong Claim

Compile a complete demand package tying your damages to solid evidence.
Include medical records, bills, lost-wage documentation, repair invoices, and photos.
Provide a clear settlement demand with supporting documents.
If the insurer’s offer is inadequate—or if they act in bad faith—consult an attorney about escalating to formal legal action .

How Contributory Negligence Affects Personal Injury Claims in Alabama: An Insider’s Guide

Mon, 01 Dec 2025 00:30:02 GMT

A Practical Guide to Alabama’s Strict One-Percent Fault Rule

Alabama’s strict contributory negligence rule is one of the toughest in the country. If an injured person is found even 1% at fault , they may be completely barred from recovering compensation. This guide explains how the rule works, the major exceptions, and the strategies plaintiffs must use to protect their claims.

You’ll learn:

How Alabama defines contributory negligence
Key exceptions like last clear chance and wantonness
How the doctrine affects different types of injury cases
How to avoid insurer blame tactics
What damages may still be available

Understanding Contributory Negligence in Alabama

Alabama courts apply a “reasonably prudent person” standard to evaluate plaintiff behavior. If the plaintiff failed to act as a reasonably careful person would—and that failure contributed to the accident—contributory negligence may apply.

Because Alabama is one of only a few states that still use pure contributory negligence, the result is often binary :

✔ Recover 100%
✘ Recover 0%

Even small mistakes—like briefly looking at a phone while walking or not using a crosswalk—can be used by insurers to deny valid claims.

Key Exceptions to Contributory Negligence

Despite its severity, Alabama recognizes several exceptions that allow injured plaintiffs to recover even when they contributed to the accident.

1. Last Clear Chance Doctrine

A plaintiff may still recover if the defendant:

Had actual knowledge of the plaintiff’s peril
Realized the plaintiff could not escape danger
Had the final opportunity to avoid the harm
Failed to take reasonable action to prevent the injury

This doctrine shifts responsibility to the defendant’s ability to prevent harm, even if the plaintiff initially created or contributed to the dangerous situation.

2. Wanton or Reckless Conduct (Contributory Negligence Does Not Apply)

If the defendant acted with wantonness —a conscious disregard of known risks—contributory negligence is not a defense at all .

Wantonness includes:

Excessive speeding
Drunk or drug-impaired driving
Road rage behavior
Ignoring known safety hazards

Because contributory negligence does not apply, plaintiffs may recover compensatory and punitive damages even if they were slightly negligent.

3. Minors and Individuals Lacking Capacity

Alabama law limits the use of contributory negligence against vulnerable groups:

Children under 7 are legally incapable of contributory negligence.
Children ages 7–14 are presumed incapable unless the defendant proves otherwise.
Individuals with cognitive impairments may also be exempt depending on their ability to understand risks.

These protections prevent unfair blame-shifting onto individuals who cannot reasonably protect themselves.

How Contributory Negligence Impacts Different Types of Claims:

Car Accidents

Police reports, dashcam footage, and witness accounts are crucial.
Insurers look for any mistake—speeding a little, not signaling, rolling through a stop—to argue contributory negligence.

Slip-and-Fall Cases

Defendants often claim the plaintiff failed to watch their step.
Evidence of property owner negligence (wet floors, poor lighting, lack of warnings) becomes essential.

Medical Malpractice

Expert testimony is required.
Patient behavior is judged differently, but defendants may still argue that patients ignored medical advice.

Each claim type demands tailored evidence to defeat contributory negligence defenses.

Steps for Plaintiffs to Protect Their Claims

1. Seek immediate medical care

Creates a clear record connecting injuries to the incident.

2. Preserve evidence

Photograph the scene, your injuries, hazards, and property damage.

3. Gather witness information

Neutral witnesses often make or break contributory negligence disputes.

4. Be careful with insurer communication

Provide only the basic facts:

Time
Location
Vehicles involved

Avoid recorded statements until you have legal advice.

5. Consult an Alabama personal injury lawyer early

Experienced attorneys can:

Investigate the incident
Retain experts
Identify exceptions to contributory negligence
Counter insurer blame tactics

Many Alabama lawyers work on a 33–40% contingency fee , depending on case complexity.

6. Watch the statute of limitations

Most personal injury cases must be filed within two years , though minors and wrongful death claims may follow different timelines.

Damages and Settlements Under Contributory Negligence

If contributory negligence applies and no exception exists, all categories of damages are barred :

Under Alabama’s strict contributory negligence rule, the impact on damages is significant. Economic damages , such as medical bills and lost wages, are completely barred if the plaintiff is found to have contributed even slightly to the accident—unless a limited exception applies, such as the defendant’s wanton or intentional misconduct. Non-economic damages , including pain and suffering, emotional distress, and diminished quality of life, are also fully barred when contributory negligence is established.

Punitive damages , however, operate differently; they may still be awarded despite the plaintiff’s fault, but only in cases involving wantonness or extreme misconduct by the defendant. In those situations, contributory negligence does not prevent the plaintiff from recovering punitive damages meant to punish reckless behavior.

Insurers frequently try to deny or undervalue claims by alleging partial fault. Strong evidence and legal strategy are critical to countering these efforts.

Countering Common Insurer Tactics

Insurance companies often use several tactics to weaken an injury claim, but plaintiffs can counter each one effectively with the right strategy. First , when insurers attempt an early denial by relying on the plaintiff’s own statements, the best approach is to provide only essential facts and avoid recorded statements, instead offering written summaries that cannot be manipulated. Second , if the insurance adjuster selectively presents evidence, the plaintiff should request the complete set of materials — including full video footage, metadata, photos, and diagrams — to prevent context from being withheld. Third , when the insurer tries to shift blame onto the plaintiff, a strong counter is to use witness accounts, expert accident reconstruction, and accurate timelines to establish the true sequence of events.

Finally , if they argue that the plaintiff “should have noticed” the hazard, the response should be to highlight the defendant’s negligence — such as poor lighting, lack of warnings, unsafe conditions, or driver/property owner failures — to reinforce the plaintiff’s lack of fault. A layered evidentiary record makes it far harder for insurers to exploit contributory negligence.

Conclusion

Contributory negligence makes Alabama one of the most challenging states for injured plaintiffs. But with the right legal strategy—including understanding exceptions like wantonness and last clear chance—you can still pursue compensation even when partial fault is alleged.

When to Consult an Attorney for Your Workers' Compensation Claim

Sat, 01 Nov 2025 00:30:12 GMT

Know the Right Time to Get Legal Help for Your Workers’ Compensation Case

Workers' compensation is designed to provide straightforward benefits to employees injured on the job. In an ideal scenario, you report your injury, file a claim, and receive medical care and wage replacement without complications. Unfortunately, the process doesn't always work smoothly.

Knowing when to consult an attorney can make the difference between receiving the benefits you deserve and being left without critical financial support during your recovery. To discuss any concerns regarding your claim, contact our Montgomery workers’ compensation lawyer at The Law Office of Richard F. Matthews, Jr. today.

Your Claim Has Been Denied

One of the most common reasons to seek legal representation is when your workers' compensation claim has been denied. Insurance carriers deny claims for various reasons, and some are legitimate, but many are questionable. They may:

Argue your injury isn't work-related
Claim you failed to report the injury within the required timeframe
Assert that you were intoxicated or engaged in horseplay when injured

A denial doesn't mean your case is over. Our experienced workers' compensation attorney can review the reasons for denial, gather additional evidence to support your claim, and represent you through the appeals process. Many initially denied claims are ultimately approved with proper legal advocacy.

Disputes Over Benefit Amounts

If you believe you're not receiving the correct amount of workers' compensation benefits, consulting an attorney is important. Calculating average weekly wages, determining appropriate compensation rates, and understanding how pre-existing conditions affect benefits can be complex. Insurance carriers sometimes undervalue claims, hoping injured workers won't recognize the error. An attorney ensures your benefits are calculated correctly based on your actual earnings and the severity of your injuries.

Your Injury Resulted in Permanent Disability

Serious injuries that result in permanent partial or total disability require careful legal handling. The amount you receive for permanent disability significantly impacts your long-term financial security. Insurance companies often try to minimize disability ratings or argue that your permanent limitations aren't as severe as your doctors indicate. A workers’ compensation lawyer can work with medical experts to properly document your permanent impairment and fight for appropriate compensation.

Third-Party Liability Exists

Sometimes workplace injuries involve negligence by someone other than your employer, such as equipment manufacturers, subcontractors, or property owners. In these situations, you may be entitled to pursue both workers' compensation benefits and a separate personal injury lawsuit against the third party. Personal injury claims provide more comprehensive compensation than workers' compensation alone, including damages for pain and suffering. Our firm can identify potential third-party claims and pursue maximum recovery.

Your Employer Lacks Workers' Compensation Insurance

If your employer doesn't carry required workers' compensation insurance , you face unique challenges in obtaining benefits. We can identify alternative remedies, including potential personal injury lawsuits against your employer.

Settlement Offers Are on the Table

Never accept a workers' compensation settlement without consulting an attorney. Insurance companies frequently offer settlements that seem reasonable but actually undervalue your claim. Once you accept a settlement, you typically cannot reopen your claim for additional benefits, even if your condition worsens. Our workers’ compensation lawyer evaluates whether a settlement offer fairly compensates you for all past and future medical expenses, lost earning capacity, and permanent disability.

Seek Help from Our Montgomery Workers’ Compensation Attorney Today

At The Law Office of Richard F. Matthews, Jr., we help Montgomery workers pursue workers' compensation claims. If any of these situations apply to you, contact us today for a consultation to protect your rights and secure the benefits you deserve.

The Role of Medical Evidence in Personal Injury Lawsuits

Sat, 01 Nov 2025 00:30:12 GMT

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Understanding Contributory Negligence in Alabama Personal Injury Cases

Thu, 02 Oct 2025 13:13:10 GMT

How Fault Affects Injury Claims in Alabama

Many people are unaware that Alabama has one of the most stringent personal injury laws in the country. Alabama is one of only five jurisdictions that practice contributory negligence, as opposed to the 46 states that practice some form of comparative fault.

This strict legal standard of contributory negligence can over-complicate an injury case. At the Law Office of Richard F. Matthews, Jr., our Alabama personal injury attorney knows how to apply these laws to your injury case to protect your right to compensation.

What Contributory Negligence Means

Most states allow for partial compensation if you were partially to blame for an accident. However, in Alabama, contributory negligence means that you are completely barred from recovering compensation if you share any blame for the accident you were in. Even the slightest bit of contribution to the incident can eliminate all rights to compensation.

How the Law Affects Alabama Personal Injury Claims

With contributory negligence in play, you must approach personal injury claims differently in Alabama. Insurance companies and negligent parties try to use this law to their advantage to completely deny compensation. If they allege you even did the slightest thing wrong in the moment, they have justification to deny your injury claim.

Without an attorney, it's very difficult to overcome the obstacles insurance companies put in your way to deny compensation. First, they might accuse you of some type of negligence and contribution, which can be hard to challenge when you do not have the right evidence. Proving someone was 100% responsible for an accident is much more difficult than proving they were 55% responsible.

100% is the requirement in Alabama, so you need a skilled personal injury attorney who can present sufficient evidence of liability and challenge any allegations of negligence against you.

What Happens if Your Claim is Denied Due to Contributory Negligence?

Sometimes, insurance companies will simply deny claims, citing that you also contributed. If this happens, do not assume it is the end of the road. Their denial is based on the company’s investigation, which does not really consider your side of the story.

Your personal injury lawyer can build a strong case on an insurance appeal proving you were not to blame. If an appeal is unsuccessful, they can pursue litigation in civil court to present your case before a judge and jury.

Seek Legal Counsel from the Law Office of Richard F. Matthews, Jr. Today

Contributory negligence in Alabama is an unforgiving law. If you are found even slightly responsible, your claim can be denied completely. That is why it is so important to have a lawyer who understands how to build a strong case and keep the focus on the other party’s fault.

At the Law Office of Richard F. Matthews, Jr. , we fight for injury victims across Alabama. If you have been hurt and are worried about losing your right to compensation, contact us today . Our Alabama personal injury attorney is here to stand up for you and work to protect your claim.

Navigating the Workers' Compensation Claims Process: A Step-by-Step Guide

Wed, 01 Oct 2025 13:13:15 GMT

Step-by-Step Workers’ Comp Claim Guide

According to data from the U.S. Bureau of Labor Statistics in Alabama, 29,400 nonfatal workplace injuries and illnesses were reported in a recent year by private industry employees. Many of these conditions likely led to a workers’ compensation claim.

If you have a work-related injury and need to file a claim, Law Office of Richard F. Matthews, Jr. can help. Our Alabama workers’ compensation attorney understands how to best navigate the workers’ compensation claims process to maximize your benefits.

Steps in the Workers’ Compensation Claims Process

The workers’ compensation claims process in Alabama can be quite overwhelming and frustrating. Below are usual steps in the process and common pitfalls to avoid.

Step 1: Report the Injury

In Alabama, the law requires you to notify your employer within five days of an accident. So, if you’re hoping to claim workers’ compensation , the first thing you do is report your injury and do it in writing, even if the injury only seems minor. With your injury reported, you’re creating a paper trail and proof that an insurance company cannot dispute.

Step 2: Get Medical Treatment

The second thing you must do after reporting your injury is see a doctor. In Alabama, your employer has the right to choose the doctor you see for treatment, and unfortunately, if you see your own doctor without approval, you could be responsible for the bill.

However, when you need emergency care, pre-approval for a doctor is not required as long as you notify your employer afterward. Once you see a doctor, ensure that you follow the treatment plan closely and attend all scheduled appointments.

Step 3: Initiate the Claim

In many cases, after you have reported the injury and have seen a doctor, your employer must file a workers' compensation claim on your behalf. However, it's best to ask for confirmation, as well as request a claim number for your records.

Step 4: Understand Your Benefits

You should always understand what benefits are available to you. Some workers' compensation claim benefits in Alabama cover disability and wage replacement benefits, such as Temporary Total Disability (TTD) and Permanent Partial/Total Disability (PP/PTD).

Other benefits cover medical treatment and vocational rehabilitation if you are unable to return to the same type of work. At the Law Office of Richard F. Matthews, Jr., our workers’ compensation lawyer can identify which benefits you should fight for.

Step 5: Keep Records

You’ll want to keep detailed records from the beginning. We recommend holding onto every document related to your case, including medical records, accident reports, and correspondence with the insurance company or your employer. With a detailed paper trail, you have protection against questioned or delayed workers’ compensation claims.

Step 6: Be Ready for Disputes

Unfortunately, even if you do everything right, it's possible that your claim will be denied or your benefits reduced. Often, Alabama insurance companies argue that injuries are not as serious as you claim or that you can return to work quicker than your doctor recommends. In these instances, it's best to have a lawyer in your corner who can help you appeal your claim.

Contact an Alabama Workers’ Compensation Attorney Right Away

Workers' compensation claims in Alabama are not always easy to navigate, and we understand this at the Law Office of Richard F. Matthews, Jr. We also understand that when benefits are delayed or denied, the process can become even more stressful and frustrating.

That’s why it's a good idea to speak with an Alabama workers’ compensation attorney at our law firm. We’re recognized for helping injured Alabama workers protect their rights and obtain the workers' comp benefits they deserve. So, contact our team here for a consultation.

Steps to Take Immediately After a Personal Injury Accident

Mon, 01 Sep 2025 10:25:45 GMT

Essential Guidance to Stay Safe and Secure Justice

Personal injuries occur for various reasons, including car, slip-and-fall, truck, and boating accidents. An injury can disrupt your finances due to hefty medical expenses and the inability to work.

Although you may be entitled to compensation for your injury-related losses, you must demonstrate how the negligent actions of the at-fault party led to your losses. You should, therefore, speak with a legal professional after an accident.

A Montgomery personal injury attorney from the Law Office of Richard R. Matthews, Jr. can investigate the incident, gather evidence, and initiate a claim or lawsuit against the negligent party.

What to Do After a Personal Injury Accident

Your actions after a personal injury accident can enhance your wellness and protect your legal rights. Here’s what to do if injured in an accident caused by someone else’s fault:

Seek Immediate Medical Attention

You should seek immediate medical attention even if you feel fine or believe your injuries are minor. Some injuries, including whiplash, concussion, or internal injuries, may not present symptoms immediately. A healthcare provider can reveal hidden injuries and initiate a treatment plan.

A healthcare provider will also document the injuries and treatment plan, which you can rely on to initiate a compensation claim. An insurer can question the severity of your injury if you delay seeking medical attention.

File a Police Accident Report

You should contact Montgomery law enforcement regardless of the severity of the incident. They will generate an accident report that is an official documentation of the accident, detailing important information such as the date, time, and location of the incident, as well as any involved parties and witnesses.

Having a police report can support your insurance claim and any potential legal actions you may take to seek compensation for your injuries. A personal injury lawyer can use the police report to establish liability and support your compensation claim.

Consult a Montgomery Personal Injury Attorney

You should speak with a personal injury lawyer after sustaining an injury in an accident. They can assess the circumstances of the incident and determine whether it's worth pursuing a claim against the negligent party.

A personal injury lawyer will also gather various sources of evidence to support your compensation claim. For example, they can compile bank statements, profit and loss statements, invoices, and pay stubs to prove a lost wages claim.

Most importantly, a personal injury lawyer will advise throughout the claim process so you can make appropriate decisions that protect your legal rights.

Don’t Face the Aftermath of a Personal Accident Alone

You may be entitled to compensation for economic and non-economic damages if injured in an accident caused by someone else’s negligence. Even so, the at-fault party's insurer may reject your claim or make a low settlement offer that doesn’t match your losses.

However, working with a legal professional can enhance the chances of a positive outcome. A personal injury lawyer can use evidence to negotiate with an insurer or make a compelling case before a jury for a fair settlement value.

Contact our Montgomery personal injury lawyer at the Law Office of Richard R. Matthews, Jr. to understand how to protect your legal rights.

Common Workplace Injuries in Alabama and How to Prevent Them

Mon, 01 Sep 2025 00:30:20 GMT

A Guide to Protecting Employees and Promoting Workplace Safety

A workplace injury can turn your life upside down, leaving you with physical injuries, emotional distress, and lost productivity. For example, a spinal cord injury after a workplace accident can keep you out of work for months, leading to lost income.

Although you may be entitled to compensation for these losses, you may face hurdles. Employers or insurers may dispute claims, delay benefits, or make low settlement offers that don’t match your losses.

You should, therefore, work with a legal professional after sustaining a workplace injury. Our workers’ compensation lawyer at the Law Office of Richard R. Matthews, Jr. can explain your legal rights and secure the medical care and financial support you need to recover from the injury.

Common Workplace Injuries and How to Prevent Them

Workplace injuries can disrupt your life, leading to pain, medical bills, and time away from work. Here are the common workplace injuries in Alabama and how to prevent them:

Back and Neck Injuries: Improper lifting techniques and poor ergonomics are the primary culprits for back and neck injuries. You can prevent back and neck injuries by lifting heavy objects using your legs, maintaining good posture, and investing in ergonomic furniture that supports your spine.
Fractures and Broken Bones: Slip and fall accidents often cause fractures and broken bones in the workplace. To reduce the risk, keep walkways clear of obstacles, wear appropriate footwear with slip-resistant soles, and promptly address any spills or hazards.
Burns: Workers in environments with heat sources, chemicals, or hot liquids face the risk of burns. Prevent burns by wearing protective gear, following safety protocols when handling hot materials, and being cautious around open flames.
Repetitive Strain Injuries (RSIs): RSIs, like carpal tunnel syndrome , can develop over time due to repetitive motions. Avoid RSIs by taking regular breaks, practicing proper ergonomics, and performing stretching exercises to relieve muscle tension.
Hearing Loss: Exposure to loud noises in construction sites or industrial settings can lead to hearing loss. Protect your hearing by wearing earplugs or earmuffs, limiting exposure to noisy environments, and undergoing regular hearing screenings.
Cuts and Lacerations: Sharp tools, machinery, and equipment pose a risk of cuts and lacerations. Prevent these injuries by using gloves when handling sharp objects, following safety guidelines when using tools, and keeping work areas clean and organized.
Head and Traumatic Brain Injuries: Falling objects, slips, and vehicle accidents can result in head injuries. Mitigate the risk by wearing a helmet in hazardous areas, using vehicle seat belts, and maintaining a safe distance from overhead loads.

Proving Negligence in Montgomery Intersection Collisions

Fri, 01 Aug 2025 11:07:26 GMT

Understanding Negligence in Intersection Accidents

Most intersection crashes stem from decisions that violate Alabama traffic laws and endanger everyone on the road. Proving who made that critical mistake is not always simple, especially under Alabama’s strict laws.

To recover compensation in an intersection crash in Montgomery, an injured driver must prove the other party was entirely at fault. A Montgomery car accident lawyer will need to construct a clear and indisputable picture of negligence, one that stands up against scrutiny from insurers looking to sidestep liability at every turn.

A legal professional with the Law Office of Richard F. Matthews, Jr. is ready to help. Please use our online form to schedule a confidential case evaluation.

What Negligence Looks Like Under Alabama Law

Every driver in Montgomery must follow traffic signals, yield when necessary, and maintain a safe distance. A breach of that duty – such as running a red light or making an illegal left turn – creates the foundation of a negligence claim. But under Alabama law, even a minor error by the injured party can block recovery altogether.

This legal reality changes how attorneys must approach intersection crash cases. It is not enough to show that the other driver made a mistake. A Montgomery car accident attorney will have to rule out any potential fault on the part of the client. That means identifying every traffic rule at play, confirming lane positions, and pinpointing exact timing, second by second.

Evidence that Reconstructs What Happened

Solid evidence is the backbone of auto accident litigation that occurs at intersections. Police reports provide the initial framework, but they often contain assumptions or incomplete narratives. A seasoned legal professional will go far beyond that document. They will seek out traffic camera footage from Montgomery’s city-operated intersections, if available. These recordings can contradict faulty witness recollections or fill in missing details.

Witness statements can also offer valuable insight, but they must be approached carefully. People see what they expect to see in a crash. Your Montgomery car accident lawyer will know how to cross-reference those accounts with physical damage patterns, skid marks, and light sequences to isolate the truth from guesswork.

Cell phone data, event data recorders, and even commercial dash cams can provide the type of independent evidence that courts find persuasive. A skilled attorney can access these records quickly, before they are lost or overwritten.

Why Intersection Crashes Pose Unique Legal Hurdles

Unlike rear-end collisions , crashes that occur at intersections rarely produce obvious fault. Both drivers often claim they had the right of way. This becomes especially challenging in high-traffic areas of Montgomery, such as Vaughn Road or the I-85 access points, where lane confusion, signal visibility, and turn configurations increase the likelihood of misjudgments.

These cases require precision. Insurance companies defending at-fault drivers know how to exploit any ambiguity. A Montgomery car accident attorney will use time-stamped evidence and neutral data sources to block efforts to shift blame. Timing is critical – literally and legally. When a dispute turns on whether the light was yellow or red, a two-second difference can determine the outcome.

A Montgomery Car Accident Lawyer is Standing By

Hiring a lawyer who understands how to win under Alabama’s pure contributory negligence rule is essential. Matt Matthews will analyze every factual angle and build a case around what the evidence can prove, not just what a police report might suggest. Contact the Law Office of Richard F. Matthews, Jr. online for a confidential consultation to learn more about how we can help.

Understanding Workers' Compensation in Alabama: What Injured Workers Need to Know

Fri, 01 Aug 2025 00:30:10 GMT

Your Rights, Benefits, and Next Steps After a Workplace Injury in Alabama

Alabama’s workers’ compensation system exists to restore a degree of balance when disruptions occur. However, the process is far from simple. Understanding your rights requires more than a surface-level explanation.

At the Law Office of Richard F. Matthews, Jr., helping injured workers understand how the law applies to their unique circumstances is a priority. If you are trying to recover while unsure of what steps to take next, understanding how the system works can be the foundation for getting your benefits in place. Our skilled Alabama workers’ compensation lawyer is standing by to provide you with a confidential consultation and help you deal with all of the challenges.

Who Qualifies for Workers’ Compensation in Alabama?

Alabama law requires most employers with five or more employees to carry workers’ compensation coverage. The statute applies regardless of whether a worker is part-time or full-time, salaried or hourly. Independent contractors typically fall outside of the law’s protections, although the distinction between employee and contractor is not always clear-cut.

In order to receive benefits, an employee must have suffered an injury or illness that arose out of and during the course of their employment. This includes not just sudden accidents but also occupational illnesses and repetitive stress injuries. A seasoned Alabama workers’ compensation attorney will know how to identify whether your condition qualifies under the law, even when your employer or their insurer says otherwise.

What Benefits Are Available Under Alabama’s Law?

Medical care is one of the primary benefits of a workers’ compensation claim, but it is far from the only one. Covered workers may also receive partial wage replacement if they are unable to work for a certain period of time. These benefits typically amount to two-thirds of the worker’s average weekly wage, subject to state-mandated limits. Long-term or permanent disabilities may result in additional payments, depending on the severity of the impairment and how it affects a person’s ability to work.

The insurance company chooses the treating physician. That fact alone can raise questions about objectivity and fairness. Your Alabama workers’ compensation lawyer will be prepared to contest unfavorable medical opinions and push back against premature return-to-work demands.

Understanding the Claims Process – and Why It Gets Complicated

After a workplace injury, there is a limited window to report the incident. The law states that you need to notify your supervisor within five (5) days of the accident. However, they are circumstances that can extend that notice to within 90 days or the claim will likely be barred. From there, the employer or their insurer decides whether to accept or deny the claim. Many workers are unaware that initial denials are common, even when the facts are in their favor.

Disputes over medical treatment, benefit amounts, or claim validity can lead to litigation. A qualified Alabama workers’ compensation attorney will file a complaint with the Alabama Department of Workforce (formerly the Department of Labor) and, if necessary, represent the worker before a circuit court judge. That process involves gathering medical records, preparing sworn statements, and presenting the case at hearings.

Why You Need the Support of an Alabama Workers’ Compensation Lawyer

Once a claim becomes contested, the worker is at a disadvantage without legal guidance. Insurers often operate from a position of delay and denial. Having legal representation means someone else is responsible for dealing with the insurance carrier’s tactics, not the injured person.

A dedicated Alabama workers’ compensation attorney will move the claim forward with urgency, not excuses. At the Law Office of Richard F. Matthews, Jr., claim delays and benefit denials do not go unchallenged. Find out more about how we can help by using our online form to schedule your confidential case review.

The Consequences of a Felony Conviction in Alabama

Tue, 01 Jul 2025 09:06:58 GMT

What Happens After a Felony Conviction in Alabama?

The consequences of a felony conviction in Alabama are costly and can significantly impact most aspects of your life. Because the penalties can be so harsh and long-lasting, doing everything possible to avoid a conviction or minimize the consequences is essential following an arrest. This begins with hiring an experienced criminal defense lawyer who handles felony charges.

At the Law Office of Richard F. Matthews, Jr., we defend against all charges, including serious felonies, and we can assess the best defense approach for your case. Please don't hesitate to reach out to us for legal assistance and support from felony defense lawyer Matt Matthews today.

Court-Ordered Penalties

When convicted of a felony in Alabama, the judge will issue a sentence that can include different types of penalties allowed under the law.

Imprisonment

One of the most severe consequences of a felony conviction is imprisonment. Alabama law allows from one year up to 99 years or even life in prison for felony offenses, depending on the degree of charge and additional factors. Time in prison not only restricts your freedom but affects your personal and professional life.

Probation

In some cases, the court may order probation instead of or in addition to imprisonment. Probation comes with strict conditions that you must adhere to, such as regular check-ins with a probation officer, fees, and refraining from certain activities.

Fines

Felony convictions often come with hefty fines that can strain your finances and be difficult to pay in the timeframe set by the court. Failure to pay these fines can lead to further legal consequences.

Loss of Driving Privileges

Some felony convictions in Alabama can result in the suspension or revocation of your driving privileges. This can make it challenging to commute to work, run errands, or take care of daily responsibilities.

In addition, under some circumstances, murder is a capital offense , and the penalty for a conviction can be the death penalty or life in prison without the possibility of parole.

Collateral Consequences

In addition to court-ordered penalties, a felony conviction can lead to other long-term consequences that can impact your future.

Permanent criminal record: A felony conviction results in a permanent criminal record, which can affect your ability to secure employment, housing, or loans. It can also impact your reputation in the community.
Loss of gun rights: A felony conviction can lead to the loss of your right to own or possess firearms. This can be particularly challenging if you work in a profession that requires you to carry a weapon.
Employment: Having a felony conviction on your record can make it difficult to find employment. Many employers conduct background checks, and a felony conviction may disqualify you from certain job opportunities.
Immigration: If you are not a U.S. citizen, a felony conviction can have severe immigration consequences, including deportation or inadmissibility.

Avoid a Felony Conviction Whenever Possible With the Right Defense Attorney

To mitigate the consequences of a felony conviction, you need an experienced Alabama felony defense attorney on your side. A knowledgeable lawyer can build a strong defense and do everything possible to achieve the best possible outcome for your case, minimizing the effects on your life. Avoiding a felony conviction might be possible through a case dismissal, reduction of charges, acquittal at trial, or other resolutions.

Consult Our Trusted Alabama Criminal Defense Lawyer Now

If you are facing felony charges in Alabama, don't wait to seek defense representation. Contact the Law Office of Richard F. Matthews, Jr. to schedule a consultation and learn how we can help you protect your rights and future.

Challenging Evidence in Criminal Cases

Tue, 01 Jul 2025 09:06:52 GMT

How Criminal Defense Challenges Prosecution Evidence

There are many strategies for defending against criminal charges, and one common approach is to challenge the evidence the prosecution presents against you. This is no simple task, especially because the prosecutor will be working to present persuasive evidence to obtain a conviction whenever possible.

At the Law Office of Richard F. Matthews, Jr., we understand the steps in challenging evidence and the importance of examining this possibility in every criminal matter we handle. Contact our Alabama criminal defense lawyer today to discuss your arrest and/or charges.

The Importance of Challenging a Prosecutor's Evidence Against You

When faced with criminal charges, the prosecution must prove your guilt beyond a reasonable doubt to convict you of a crime. They do so by presenting evidence of your guilt to the court. By successfully challenging their evidence, you can weaken their case significantly and cast doubt in the minds of the judge or jury. If there is reasonable doubt in their minds, you should not be convicted.

Experienced Alabama criminal defense attorney Matt Matthews can identify weaknesses in the prosecutor's evidence and strategize the best defense for your case.

Challenging Forensic Evidence

Chain of Custody

One common strategy for challenging forensic evidence is questioning the chain of custody . This involves examining the documented trail of where the evidence has been since its collection. Any gaps or inconsistencies in the chain of custody can raise doubts about the integrity of the evidence and its admissibility in court.

Mishandling Evidence in Forensic Labs

Forensic evidence is often key in criminal cases, but it is not infallible. Errors or misconduct in forensic labs can compromise the validity of the evidence. By challenging the handling and analysis of forensic evidence, your attorney can cast doubt on its reliability and credibility.

Challenging Witness Testimony

Depositions

Depositions are pre-trial testimonies given under oath outside of court. By conducting depositions of witnesses, your attorney can uncover discrepancies or inconsistencies in their statements. Challenging witness testimony through depositions can weaken the prosecution's case and bolster your defense.

Cross-Examinations

During trial, cross-examining witnesses allows your attorney to challenge their credibility and poke holes in their testimony. Skilled cross-examinations can expose biases, motivations, or inaccuracies in witness statements, undermining the prosecution's case against you.

Getting Illegally Obtained Evidence Suppressed

Sometimes, evidence against you is obtained illegally, such as through an unlawful search or seizure or following an illegal traffic stop or arrest. If your defense lawyer identifies constitutional violations of your rights, it may be possible for them to have that evidence suppressed by the criminal judge. Suppressing illegally obtained evidence requires technical legal arguments and motions, but if successful, it can significantly weaken the prosecution's case and increase your chances of a favorable outcome.

Consult An Alabama Criminal Defense Attorney As Soon As Possible

Challenging evidence in a criminal case requires legal experience and knowledge of evidentiary and criminal laws. An Alabama criminal defense attorney from the Law Office of Richard F. Matthews, Jr. can provide you with the knowledgeable guidance and aggressive representation you need.

Don't wait to seek legal help; contact us today to protect your rights and challenge the evidence against you.

Understanding Pain and Suffering Damages in Alabama MVA Cases

Mon, 02 Jun 2025 17:06:44 GMT

What You Should Know About Pain and Suffering Claims in Alabama Motor Vehicle Accidents

The fallout from a motor vehicle accident is more than financial. Too often, victims have serious injuries that cause mental and physical pain and suffering.

At the Law Office of Richard F. Matthews, Jr., we understand the overall toll that these accidents can take on you and your family. That is why we are ready to seek the compensation you deserve for your pain and suffering.

If you have been involved in a motor vehicle accident in Alabama and are struggling with the physical and emotional effects, please reach out to our Alabama car accident lawyer for a free consultation.

What Are Pain and Suffering Damages?

When you are involved in a car accident, the physical injuries and property damage are not the only losses that you may suffer. Pain and suffering refers to the physical and emotional distress that you experience as a result of the accident. This can include physical pain, mental anguish, emotional distress, and the impact on your daily life and activities.

Factors That Influence Pain and Suffering Damages

Calculating pain and suffering damages can be complex, as there is no set formula. The amount awarded for these damages depends on various factors, including:

Severity of injuries: The more severe and long-lasting your injuries are, the higher the potential for pain and suffering damages.
Impact on daily life: If your injuries have significantly affected your ability to perform daily tasks, enjoy hobbies, or maintain relationships, this can increase your pain and suffering damages.
Emotional distress: The psychological impact of the accident, such as anxiety, depression, and post-traumatic stress disorder (PTSD) , may also contribute to the amount of pain and suffering damages awarded.
Prognosis for recovery: If your injuries are expected to have long-term or permanent effects on your health and well-being, this can also increase the amount of pain and suffering damages you may receive.

Insurance Companies Often Undervalue Pain and Suffering

Unfortunately, insurance companies often undervalue pain and suffering damages, leading to inadequate compensation for the victims. This is where a car accident lawyer can be instrumental in ensuring you receive full and fair compensation for your pain and suffering.

Car accident lawyers have experience dealing with insurance companies and fighting for pain and suffering damages. One way they can do this is by properly calculating your damages using an accepted method.

For example, the per diem method involves assigning a daily value to your pain and suffering and multiplying it by the number of days you have suffered. This method takes into account the severity and duration of your injuries, as well as the impact they have had on your daily life. On the other hand, the multiplier method involves multiplying your economic damages, such as medical bills and lost wages, by a certain multiplier to determine the value of your pain and suffering.

By employing these methods, car accident lawyers can build a strong case to ensure that you are fully compensated for the physical and emotional pain you have endured as a result of the accident. Don't let insurance companies undervalue your pain and suffering – seek the assistance of a car accident lawyer to protect your rights and secure the compensation you deserve.

Contact Our Trusted Alabama Car Accident Lawyer

If you have been injured in a car accident in Alabama, seek legal representation to protect your rights and pursue the compensation you deserve. Contact the Law Office of Richard F. Matthews, Jr. Our firm is here to guide you through the legal process and fight for your best interests. Reach out to us today for a free consultation.

Defending Against Domestic Violence Allegations

Sun, 01 Jun 2025 17:06:42 GMT

Legal Defense Strategies for Domestic Violence Accusations

Alabama law takes violent offenses seriously, especially domestic violence. A conviction can have many lasting effects far beyond fines or probation, as it can affect your family relationships, job prospects, where you live, and more for years to come.

Having an aggressive defense is critical for anyone facing these charges. At the Law Office of Richard F. Matthews, Jr., we have extensive experience in defending against domestic violence allegations, working to minimize the consequences our clients face.

Contact our Montgomery domestic violence defense attorney today to discuss your case and start building a strong defense.

Understanding Domestic Violence Laws in Alabama

Domestic violence in Alabama includes any incident that causes physical injury or is intended to cause physical injury to a family or household member. This includes spouses, former spouses, persons who have a child in common, or those who have or had a dating relationship.

Possible Defenses Against Domestic Violence Allegations

When facing domestic violence allegations, an experienced Alabama domestic violence defense lawyer can help build a strong defense strategy tailored to your specific situation. Some common defenses against domestic violence charges may include:

False accusations: In some cases, an individual might falsely accuse someone of domestic violence due to revenge, anger, or manipulation. Your lawyer will work to investigate the credibility of the accusation and gather evidence in your defense.
Self-defense: If you acted in self-defense to protect yourself from harm, it can be a valid defense against domestic violence charges. Your attorney will gather evidence to demonstrate that your actions were necessary to protect yourself or others.
Lack of evidence: Prosecutors must provide sufficient evidence to prove beyond a reasonable doubt that you committed the alleged domestic violence crime. Your lawyer will work to challenge the evidence presented and highlight any inconsistencies or lack of evidence.
Constitutional violations: Your attorney will examine whether your rights were violated during the arrest or investigation process. If there were any constitutional violations, such as illegal search and seizure or Miranda rights violations, it can weaken the prosecution's case against you.

The Importance of a Proper Defense

There is a lot on the line in domestic violence cases, and a conviction can have costly consequences in addition to court-ordered penalties.

Protective Orders

One reason you need a proper defense is to avoid protective orders when possible. These orders can restrict your contact with the alleged victim and even force you out of your own home. A knowledgeable attorney can challenge these orders and fight for your right to continue living in your residence and maintaining contact with your family.

Effects of Custody

Furthermore, domestic violence allegations can significantly impact child custody and visitation arrangements. Successfully defending against your allegations can help protect your ability to continue to spend time with your children.

Your Career

In addition to safeguarding your personal life, a proper defense can also protect your career opportunities. A domestic violence conviction can not only make it difficult to get hired due to a criminal record, but it may disqualify you from certain professions. These include many caretaking professions, including nursing, teaching, long-term care, and more. Avoiding a conviction can protect your livelihood.

Consult a Montgomery, AL Domestic Violence Defense Lawyer Now

If you are facing domestic violence allegations in Montgomery, Alabama, our experienced team at the Law Office of Richard F. Matthews, Jr. is here to help. Contact us today to schedule a consultation and discuss your case. Our dedicated criminal defense attorney will provide the representation you need to build a strong defense.

How Do Wrongful Death Damages Work in Alabama Cases?

Thu, 01 May 2025 11:17:14 GMT

Understanding Compensation in Wrongful Death Cases

In Alabama, wrongful death cases allow surviving family members to seek compensation for the emotional, financial, and other losses they have suffered as a result of a close loved one's preventable death. If you are facing the devastating aftermath of a wrongful death, it's important to understand how these damages work and how they can help provide some measure of justice and stability for you and your family.

Contact our Alabama wrongful death lawyer at the Law Office of Richard F. Matthews, Jr. at to discuss your situation and get the compassionate support you need during this challenging time.

Alabama Wrongful Death Damages are Different

Alabama has unique wrongful death laws that govern the type and amount of damages that can be awarded to surviving family members. Unlike other states, Alabama does not allow for compensatory damages in wrongful death cases. Compensatory damages are typically awarded to compensate the plaintiffs for their losses, such as medical expenses, funeral costs, and loss of financial support. However, in Alabama, families are only entitled to receive punitive damages.

Families Only Entitled to Punitive Damages

In Alabama, families who have lost a loved one due to wrongful death are only entitled to seek punitive damages. Punitive damages are not intended to compensate the family, but rather to punish the at-fault party and discourage others from engaging in similar wrongful conduct. These damages are determined based on the severity and egregiousness of the defendant's actions.

Punitive Damages are Determined According to the Gravity of the Conduct that Caused the Wrongful Death

The amount of punitive damages awarded in an Alabama wrongful death case is based on the gravity of the defendant's conduct. Factors such as the defendant's intent, their level of negligence, and any malicious or wanton disregard for the safety of others are taken into consideration. For example, a death caused by an unintentional mistake on the road will result in less damages than a death due to aggravated drunk driving or intentional violence.

If the case goes to trial, a jury will assess the defendant's actions and determine an appropriate amount of punitive damages to award a family. An experienced wrongful death attorney can build a strong case to maximize the potential damages.

You Want the Right Attorney Fighting for Maximum Compensation

Alabama wrongful death laws are different from other states, especially regarding the unique damages. You need the right attorney to fight for maximum compensation on your behalf who understands the ins and outs of Alabama wrongful death cases. With their experience and knowledge of the law, they can oversee the legal process and advocate for the justice you and your family deserve.

Consult an Alabama Wrongful Death Lawyer Today

If you have lost a loved one due to someone else's negligence or misconduct, it's important to consult an experienced Alabama wrongful death lawyer as soon as possible. Even if you know your family deserves justice, it does not mean the process will be simple, so the right legal support is critical.

The legal team at the Law Office of Richard F. Matthews, Jr. can guide you through this difficult time. Reach out to our legal team today to schedule a free consultation and protect your rights.

Distracted Driving: A Growing Concern on Montgomery Roads

matt@mmatthewslaw.com (Matt Matthews) — Thu, 01 May 2025 01:30:14 GMT

How Mobile Devices and Inattention Are Endangering Drivers in Montgomery

Distracted driving has certainly become a growing concern on Montgomery roads, just like most cities across the U.S. It is a safety issue that should concern us all.

At the Law Office of Richard F. Matthews, Jr., we are committed to fighting for the rights of innocent victims who have been injured due to the negligence of distracted drivers. If you have injuries, we urge you to take action and contact our Montgomery car accident lawyer today to discuss a possible case.

The Increase in Distracted Drivers

Montgomery, like many other cities, has seen a significant increase in the number of distracted drivers on the roads. There are a few main contributors to this problem.

Smartphones

The increasing popularity of smartphones has significantly affected the number of distracted drivers on the road. Over 2.9 billion text messages are sent and received every day in the United States, and this constant connectivity has led to a rise in the number of drivers using their phones while driving.

Using a smartphone while driving not only diverts the driver's attention from the road but also impairs their ability to react to unexpected situations. Texting, browsing social media, and using apps are all activities that take the driver's focus away from their primary task: driving safely.

In-Car Infotainment Systems

Many modern vehicles are equipped with in-car infotainment systems that offer a variety of features designed to enhance the driving experience. Many people believe these systems make driving safer, as they often have hands-free calling and texting capabilities. However, these systems can be a source of distraction if not used responsibly.

Changing the music playlist or even inputting navigation instructions can take the driver's attention from the road, increasing the risk of car accidents. Further, even hands-free calling and texting requires mental and visual distraction.

Disregard for Alabama Distracted Driving Laws

To combat the above issues, several states, including Alabama, have implemented laws that restrict the use of electronic devices while driving. These laws aim to discourage drivers from engaging in any activities that take their attention away from the road.

Despite laws to address distracted driving, many drivers in Montgomery disregard them. This disregard not only puts themselves at risk but also endangers the lives of others sharing the road.

In Alabama, it is illegal to text while driving. The fine for a first offense is $25, with subsequent offenses carrying steeper fines. However, these fines do little to deter drivers from using their phones or engaging in other distracting activities while behind the wheel.

Did a Distracted Driver Hit You? Know Your Rights

If a distracted driver caused your accident, it is essential to know your rights. The negligent actions of a distracted driver can result in life-changing injuries, medical expenses, and mental trauma. In such cases, you may be entitled to compensation for your damages.

At the Law Office of Richard F. Matthews, Jr., we will thoroughly investigate your accident, gather evidence, and build a strong case on your behalf to hold distracted drivers accountable.

Contact a Montgomery Car Accident Lawyer Now

If you have been injured in a distracted driving accident, do not hesitate to contact our Montgomery car accident attorney. We offer compassionate and personalized legal representation, and we are here to help you seek justice for your preventable crash.

Contact the Law Office of Richard F. Matthews, Jr. now to schedule a free consultation.

Federal Wire Fraud Charges: What You Need to Know

Tue, 01 Apr 2025 10:36:12 GMT

Understanding Federal Wire Fraud: Penalties, Defenses, and Legal Insights

If you or someone you know is facing federal wire fraud charges, always understand the gravity of the situation and the potential consequences that lie ahead. Federal wire fraud allegations are serious and can result in lengthy prison sentences and costly fines.

Fortunately, the Law Office of Richard F. Matthews, Jr. is here to defend you. We have experience fighting complicated federal charges, and we can build a strong defense tailored to your situation. Contact our Montgomery criminal defense attorney now; there is a lot at stake.

What is Wire Fraud?

Wire fraud is a federal offense that involves using electronic communications, such as phone calls, emails, or facsimiles, to intentionally deceive others for personal gain. It typically involves a scheme or fraudulent activity designed to obtain money or property from victims.

Wire fraud charges can be brought in cases where the fraudulent activity crosses state borders, involves interstate communication, or utilizes electronic devices or systems that fall under federal jurisdiction.

Elements of Wire Fraud

To establish a wire fraud charge, federal prosecutors must prove the following elements:

Intent : The individual knowingly and willfully participated in a scheme to defraud.
Deception : The individual used interstate wire communications to execute or further the scheme.
Materiality : The scheme involved a deliberate misrepresentation or omission of material fact.
Victim : The scheme affected a victim who relied on the misrepresentation or omission and suffered financial harm as a result.

Penalties for Wire Fraud

Wire fraud is a federal offense and carries severe penalties upon conviction. The potential consequences include:

Prison Sentence : Those convicted of wire fraud can face up to 20 years in federal prison. If the fraud scheme involved a financial institution or affected a disaster relief program, the maximum sentence can be increased to 30 years.
Fines : Wire fraud convictions can result in substantial fines, with fines up to $250,000 for individuals and up to $500,000 for organizations or entities. If the offense involves a financial institution or affects a disaster relief program, the maximum fine can be increased to $1,000,000.
Restitution : In addition to prison time and fines, a court may order the convicted individual to pay restitution to the victims. Restitution involves reimbursing the victims for their financial losses resulting from the fraud.

Defending Against Wire Fraud Charges

If you are facing federal wire fraud charges, it is essential to have an experienced and skilled attorney by your side to mount a strong defense. The Law Office of Richard F. Matthews, Jr. will thoroughly analyze the evidence, examine the prosecution's case, and identify any weaknesses or defenses that can be used to challenge the charges against you.

Possible defense strategies for wire fraud charges may include:

Lack of Intent : Demonstrating that there was no intent to deceive or defraud the alleged victim.
Lack of Knowledge : Proving that the defendant was unaware of the fraudulent scheme or did not have knowledge of its details.
Lack of Materiality : Establishing that the misrepresentation or omission was not material to the alleged victim's decision-making process.
Entrapment : Showing that law enforcement induced or coerced the defendant into committing the crime.

Don’t Wait to Call Our Montgomery Federal Criminal Defense Attorney

When facing federal wire fraud charges in Montgomery, Alabama, you want the Law Office of Richard F. Matthews, Jr. on your side. Contact our Montgomery criminal defense lawyer now to start protecting your future.

Common Injuries in Rear-End Collisions on I-65

Tue, 01 Apr 2025 03:30:00 GMT

Understanding Rear-End Collision Injuries on I-65

Rear-end collisions on I-65 can be terrifying, as they can happen at high speeds and leave you with serious injuries. Even if a rear-end accident happens in heavy traffic, such as during rush hour or during the weekend when people are heading to the coast, the sudden impact from behind can result in costly injuries and losses.

At the Law Office of Richard F. Matthews, Jr., we understand the toll these injuries can have on your life. Our Montgomery car accident attorney represents clients injured in I-65 crashes, and we can assess your best options.

The #1 I-65 Rear-End Accident Injury

Whiplash is the most common injury associated with rear-end collisions on I-65. This injury occurs when the head is jerked forward and backward abruptly, putting a strain on the neck muscles and ligaments.

Symptoms of whiplash may include:

Neck pain
Stiffness
Headaches
Dizziness
Cognitive difficulties

It is important to seek medical attention immediately if you experience any of these symptoms after a rear-end collision.

Spinal Injuries

Another common injury in rear-end collisions is damage to the spinal cord. The impact of the collision can cause fractures or dislocations in the vertebrae, leading to loss of sensation and function in various parts of the body. Spinal injuries can have long-lasting effects on the victim's quality of life, potentially resulting in paralysis or chronic pain. Treatment for spinal injuries often involves surgery, physical therapy, and ongoing medical care.

Head and Brain Injuries

The force of a rear-end collision can also cause head and brain injuries. These injuries range from concussions to more severe traumatic brain injuries (TBIs) . Symptoms of head and brain injuries may include headaches, dizziness, memory problems, difficulty concentrating, and changes in mood or behavior. Always seek immediate medical attention if you experience any of these symptoms after an accident, as these injuries are invisible but prompt diagnosis and treatment are essential to prevent further complications.

Facial Injuries

Facial injuries are another common result of rear-end collisions on I-65. These injuries can range from minor cuts and lacerations to more severe fractures and disfigurement. The impact of the collision can cause the face to strike the steering wheel, dashboard, or airbag, leading to significant trauma. Treatment for facial injuries may involve surgery, dental work, and ongoing medical care to restore both function and appearance.

When you have serious injuries from a rear-end crash, you need serious legal representation. Insurers often discount these collisions as “fender benders,” but at the Law Office of Richard F. Matthews, Jr ., we know how much the resulting injuries can affect your life.

We can determine liability and seek compensation for your medical bills and other losses. We present your claim in a persuasive manner and negotiate for the full financial recovery you deserve.

Learn How Our Montgomery Car Accident Lawyer Can Help

Seek justice after a rear-end collision on I-65 by contacting the Law Office of Richard F. Matthews, Jr. Our team is ready to fight for you and protect your future. Contact us today and let us be your trusted advocate.

What Are the Penalties in Big Truck Wrecks?

Wed, 05 Mar 2025 20:27:21 GMT

What Are the Penalties in Big Truck Wrecks?

If you have been in a big truck wreck, the consequences can be devastating. Not only are you dealing with physical injury and emotional distress, but you are also likely facing financial burdens from medical bills and lost wages.

It is important to understand what penalties may apply to those who caused the crash and how these penalties might benefit you. Reach out to a Montgomery truck accident lawyer from the Law Office of Richard F. Matthews, Jr. today for a free consultation, and let us assess your situation.

Penalties for Violating Trucking Regulations

Truck drivers are required to abide by strict regulations to ensure the safety of everyone on the road. Violating these regulations can have serious consequences. The penalties for violating trucking regulations can vary depending on the nature and severity of the violation. Common penalties include fines, license suspensions, and even criminal charges in some cases.

However, while these penalties are intended to hold the truck driver accountable for their actions, they do not compensate the victims of the accident. If you have been involved in a big truck wreck, always allow a truck accident attorney to pursue a civil claim and seek compensation for your losses.

Civil Liability for the Losses of Truck Accident Victims

When a big truck wreck occurs, there are also civil penalties in the form of liability for the losses of injured victims. There are often multiple parties that can be held liable for truck accidents , and understanding who these parties are and their potential liability is essential in seeking justice and compensation.

Liable Parties

Truck Driver - The truck driver is often the most obvious party to be held liable for a big truck wreck. If the driver was negligent, reckless, or violated any traffic laws, they can be held accountable for the damages caused. This can include compensation for medical expenses, pain and suffering, lost wages, and more.

Trucking Companies - In many cases, the trucking company that owns the truck or employs the driver can also be held liable for the losses of the accident victims. This is because the company can be vicariously liable for the actions of drivers. Further, if the company failed to fulfill these responsibilities, they may bear some or all of the liability for the accident.

A Truck Accident Lawyer Can Hold Parties Accountable for Big Truck Wrecks

The legal process after a truck accident can be difficult, especially when you are dealing with injuries and recovery. Hiring a skilled and experienced truck accident lawyer is essential to help you build a strong case, gather evidence, and negotiate with insurance companies or other parties involved. They will assess the full extent of your damages and pursue fair compensation for your losses.

Contact Our Montgomery Truck Accident Attorney Now

To schedule a free consultation with our Montgomery truck accident attorney, contact the Law Office of Richard F. Matthews, Jr. We understand the challenges you are facing and are here to provide the guidance and support you need during this difficult time. Don't wait; reach out to us today and let us fight for the compensation you deserve.

Proving Negligence in Alabama Wrongful Death Cases

Wed, 05 Feb 2025 20:21:56 GMT

Proving Negligence in Alabama Wrongful Death Cases

Losing a loved one due to an unexpected wrongful death is an incredibly painful and devastating experience. If you are in Alabama and believe that your loved one's death was caused by someone else's negligence, you should never hesitate to seek justice and hold the responsible party accountable.

However, justice does not happen automatically, and proving negligence in wrongful death cases can be challenging, requiring an understanding of Alabama's laws and legal procedures. At the Law Office of Richard F. Matthews, Jr. , we represent families who have lost a loved one due to negligence. Our Montgomery wrongful death attorney is here to help.

Understanding Wrongful Death and Negligence

In Alabama, a wrongful death claim arises when a person's death is caused by the wrongful act, omission, or negligence of another party. The key factor in establishing a wrongful death claim is proving that the death was the result of someone else's negligence.

Negligence, in legal terms, refers to a failure to exercise the level of care that a reasonably prudent person would have exercised in similar circumstances. To prove negligence in a wrongful death case, your wrongful death attorney must establish several legal elements.

Duty of Care

The first step in proving negligence is establishing that the defendant owed a duty of care to the deceased. This duty of care typically arises when there is a legal relationship between the defendant and the deceased, such as a doctor-patient relationship, employer-employee relationship, or driver-passenger relationship.

Breach of Duty

Once the duty of care is established, the next step is to demonstrate that the defendant breached that duty. This can be shown by proving that the defendant's actions or failure to act fell below the standard of care expected in the given situation.

Causation

To prove negligence, it is crucial to establish a causal link between the defendant's breach of duty and the death of the deceased. This requires demonstrating that the defendant's negligent actions or omissions directly contributed to the wrongful death.

Damages

Lastly, to successfully pursue a wrongful death claim, you must show that the death caused damages. Alabama handles damages for wrongful death cases in a unique way, so you don’t prove the damages your family deserves. Instead, you must demonstrate that if your loved one had lived, they would have had a personal injury claim for certain damages, such as medical bills or pain and suffering. If they would have qualified for damages in a personal injury case, you can satisfy this element of negligence in a wrongful death case.

Proving negligence in a wrongful death case can be a complex legal process that requires expertise and knowledge of Alabama's laws. Always consult with an experienced Montgomery wrongful death lawyer who can guide you through the legal claim process.

Contact a Compassionate Montgomery Wrongful Death Lawyer

Remember, you should never attempt to prove negligence in a wrongful death case alone. Contact the Law Office of Richard F. Matthews, Jr. today to speak with a skilled Montgomery wrongful death lawyer who will fight for your rights and ensure that justice is served. Call us now to schedule your free consultation.

Alabama Wrongful Death vs. Personal Injury: Key Differences

Tue, 28 Jan 2025 13:52:06 GMT

In Alabama, the primary differences between wrongful death and personal injury claims are the plaintiffs and the damages available. If you have an injury, you can bring a personal injury claim to seek compensatory damages for medical bills, lost income, and pain and suffering.

When an injury victim does not survive, however, they cannot bring a claim themselves to collect compensation. However, the law provides rights to surviving family members to receive compensation under certain circumstances. Wrongful death claims only allow for the recovery of punitive damages, focusing on punishing the defendant instead of covering losses.

The best way to identify your proper legal path is to discuss your case with an Alabama personal injury and wrongful death lawyer. They can outline the steps you need to take to receive fair compensation, no matter your situation.

Parties Involved

The parties involved in a personal injury lawsuit and wrongful death claim differ; specifically, different individuals must bring the legal claim to succeed under the law.

Personal Injury - An injured person files a personal injury lawsuit. They are the plaintiff in the case and have the right to pursue compensation for their injuries.
Wrongful Death - A personal representative of the estate brings this type of claim, while the proceeds go to qualified beneficiaries. The will names the personal representative, or the court appoints the person representing the deceased’s estate. The named beneficiaries usually include the deceased's spouse, children, or parents.

Nature of Damages

Again, you can seek compensatory damages for personal injury claims in personal injury cases. These damages include economic and non-economic damages. Wrongful death claims allow the family of a loved one to request punitive damages.

Personal Injury - Compensatory Damages

The injured party can seek various compensatory damages. The damages in a personal injury claim are intended to make the injured person "whole" again, as much as possible, by covering their economic and non-economic losses.

Economic damages cover medical bills, lost wages, property damage, and other tangible costs.
Non-economic damages encompass pain and suffering, emotional distress, loss of consortium, and diminished quality of life.

You have two years from the date of an accident or the discovery of an injury to request compensation.

Wrongful Death- Punitive Damages

In Alabama, the primary purpose of a wrongful death claim is to punish the wrongdoer and prevent others from engaging in similar conduct. While the damages awarded do not directly compensate the deceased's family for their emotional pain and financial losses, they serve a broader societal purpose by holding the defendant accountable and promoting public safety.

Additional Considerations

If you wish to file a personal injury lawsuit or wrongful death claim, it's important to remember the points below.

Statute of Limitations

In Alabama, the statute of limitations for both personal injury and wrongful death claims is two years from the date of the injury or death.

Burden of Proof

In both types of claims, the plaintiff must sufficiently prove the defendant's negligence or wrongful conduct caused the injury or death by a preponderance of the evidence.

Contact Alabama Attorney Matt Mathews Now

Understanding personal injury and wrongful death claims in Alabama helps people following a preventable injury or the unfair passing of a loved one. Consulting with an experienced injury or wrongful death attorney is highly recommended. The legal team at the Law Office of Richard R. Matthews, Jr. can provide guidance, assess your case, and advocate for your rights.

Contact attorney Matt Matthews in Montgomery, Alabama, for more information.

The Impact of Weather & Speeding on Montgomery Traffic Accidents

Tue, 28 Jan 2025 13:34:43 GMT

Speed affects a vehicle’s stopping distance and impact force in any collision. Going 70 mph instead of the 55-mph limit increases your stopping distance by almost 100 feet. That’s a significant shift on Montgomery’s busy streets, where unexpected obstacles or sudden traffic changes require quick reactions. Further, when the weather gets bad, including rain or fog, speeding becomes even more dangerous.

You may have an injury claim if you’ve been injured in a traffic accident by a speeding driver in adverse weather. Speak to a Montgomery car accident lawyer about your rights today.

How Speed Leads to Catastrophes

The physics of speeding accidents is simple but often ignored. The kinetic energy of a moving vehicle increases exponentially with speed, not linearly. So a car going 60 mph doesn’t just have twice the impact of one going 30 mph. It has four times the destructive power. This exponential increase in force can turn what would have been a minor fender bender into a substantial wreck.

For example, if you’re traveling on I-85, the faster you go, the more disproportionate the energy behind your vehicle. In a high-speed wreck, a vehicle structure can’t withstand the increased stress, causing safety belts and airbags to lose effectiveness, and vehicles to crumple.

Statutory speed limits in Alabama are:

70 mph on interstates
65 mph on roads with at least four lanes
55 mph on other roadways
45 mph on county roads

There can be exceptions to the statutory limits, so stay aware of signs and always keep speed limits in mind when you’re traveling.

Weather’s Impact on Road Safety

Montgomery’s weather is harsh on drivers. The city gets a lot of rain throughout the year, and sudden thunderstorms are common during summer. When the rain first starts to fall, it mixes with oil and other substances on the road surface, creating a slick condition that reduces tire traction.

Fog is also a big problem in Montgomery, especially in the early morning. The Alabama River’s humidity and temperature changes can create thick fog banks that limit visibility. Under these conditions, the safe following distance between vehicles should increase, but many drivers maintain their usual following distance and create hazardous situations.

Speed and Weather - A Deadly Combination

When speed meets bad weather, risks multiply. A car going fast in heavy rain faces threefold challenges:

Reduced traction
Poor visibility
Increased stopping distance

The margin for error disappears. A sudden need to brake in wet conditions while going fast can cause hydroplaning, where the tires lose contact with the road surface altogether, and steering is ineffective.

The Science of Stopping in Bad Weather

Again, understanding stopping distance helps us understand why speed and weather are such deadly combinations. Total stopping distance is made up of three parts:

Perception time (the time it takes to see a hazard)
Reaction time (the time it takes to move the foot to brake)
Braking distance (the distance it takes for the brakes to stop the vehicle)

Consider this common scenario on Montgomery’s streets: A driver going 10 mph over the limit encounters a sudden rain storm. The reduced visibility means they see a stopped car ahead later than usual. Wet roads reduce tire traction by 30%. Excessive speed creates the perfect storm of conditions, making an accident much more likely.

Contact Attorney Matt Mathews Today

Have you been involved in a high-speed crash where the other party was negligent? If so, you should speak to a skilled Montgomery car accident lawyer. They can evaluate your rights to seek compensation for medical bills and other losses.

Contact attorney Matt Matthews for more information. Consultations are always free.

Understanding Alabama's Fault Laws in Auto Accidents

Thu, 12 Dec 2024 12:36:37 GMT

In the midst of physical injuries, emotional distress, and financial burdens following a car crash, it is necessary to understand your rights and the laws that govern auto accidents in the state of Alabama. If you are in such a predicament and are unsure about the fault laws in Alabama, seek legal guidance from the experienced car accident attorney at the Law Offices of Richard F. Matthews, Jr. We are here to handle the legal process and pursue compensation from liable parties.

Determining Fault in Alabama

In Alabama, fault in auto accidents is determined under the "fault" system, also known as the "tort" system. This means that the person responsible for causing the accident is also responsible for covering the resulting damages. Their auto insurance should cover the losses of any injured victims.

Contributory Negligence

It is important to note that Alabama law recognizes contributory negligence , which can significantly affect your claim. Under the contributory negligence rule, if you are found to have contributed to the accident in any way, even if it is just one percent fault, you may not be able to recover any compensation. Alabama is one of only four states that maintains this strict rule.

This can make pursuing a personal injury claim in Alabama challenging, as insurance companies may try to assign some level of fault to you to minimize their own liability.

Why You Need an Alabama Car Accident Attorney

Navigating the fault laws in Alabama and dealing with insurance companies can be a complicated and daunting task. Having an experienced Alabama car accident attorney by your side can make all the difference in the outcome of your case. Here are a few reasons why you should consider hiring an attorney:

Legal experience: An attorney who handles car accident cases will have a thorough understanding of the state's fault laws and can handle the legal process on your behalf.
Investigation: An attorney will conduct a comprehensive investigation to gather evidence and determine liability. This may involve gathering witness statements, obtaining accident reports, and collecting medical records.
Negotiation: Your attorney will handle all communication and negotiation with insurance companies to ensure that you receive a fair settlement. They will fight for your rights and maximize your compensation.
Litigation: If a fair settlement cannot be reached through negotiation, your attorney will be prepared to take your case to court and advocate for your rights in front of a judge and jury.
Peace of mind: By hiring an attorney, you can focus on your recovery and leave the legal issues to the professionals. Your attorney will handle all the paperwork, deadlines, and legal procedures, allowing you to concentrate on getting back on your feet.

Consult an Alabama Car Accident Attorney Today

If you have been injured in an auto accident in Alabama, don't navigate the legal process alone. Trust the experienced team at the Law Offices of Richard F. Matthews, Jr. We are dedicated to helping injury victims like you understand their rights and fight for the compensation they deserve.

To schedule a free consultation with our Alabama car accident attorney, reach out to our office. Don't wait, contact us today and let us fight for your rights.

Defending Against Drug Trafficking Charges in Alabama

Thu, 12 Dec 2024 12:14:25 GMT

Drug trafficking charges are very serious matters in Alabama, and if you have been arrested, you need a strong defense as soon as possible. Our drug crime defense lawyer at Law Offices of Richard F. Matthews, Jr., is well-versed in Alabama's drug laws and will do everything possible to build a strong defense strategy and achieve a favorable outcome in your case.

Understanding Drug Trafficking Charges in Alabama

Drug trafficking is a serious offense in Alabama , carrying severe penalties for a conviction. The state defines drug trafficking as the sale, distribution, or transportation of illegal drugs, such as cocaine, marijuana, heroin, methamphetamine, or prescription drugs, in quantities that exceed a certain threshold. The penalties for drug trafficking depend on the type and quantity of drugs involved.

Potential Defenses Against Drug Trafficking Charges

There are several potential defenses that a skilled drug crime defense attorney can use to challenge drug trafficking charges in Alabama. These may include:

Illegal Search and Seizure: If law enforcement violated your Fourth Amendment rights by conducting an unlawful search or seizure, your attorney can argue to have the evidence obtained through that violation suppressed.
Lack of Knowledge: Your defense attorney may argue that you did not have knowledge of the illegal drugs' presence or that you had no intent to distribute them. Establishing lack of knowledge or intent can weaken the prosecution's case against you.
Entrapment: If law enforcement induced or coerced you into committing a crime that you wouldn't have otherwise committed, your attorney can argue entrapment as a defense strategy.
Chain of Custody Issues: Your attorney can challenge the prosecution's evidence if there were issues with the handling or documentation of drugs and other evidence. Discrediting the chain of custody can cast doubt on the reliability of the evidence against you.

The Importance of Hiring a Skilled Drug Crime Defense Attorney

When you're facing drug trafficking charges in Alabama, you need a skilled drug crime defense attorney handling the matter. Here's why:

A knowledgeable attorney will understand Alabama's drug laws and how they apply to your case. They can evaluate the facts and circumstances of your arrest and build a strong defense strategy tailored to your specific situation.

Your defense attorney will also ensure that your constitutional rights are upheld throughout the legal process. They will review the evidence, challenge any violations of your rights, and work to have any unlawfully obtained evidence suppressed.

The right defense attorney knows how to negotiate with prosecutors to potentially reduce or dismiss charges. They can advocate for alternative sentencing options, such as drug rehabilitation programs, rather than serving jail time.

Our Alabama Drug Crime Defense Attorney is Your Trusted Advocate

Facing drug trafficking charges in Alabama is a serious matter that requires the experience of a skilled drug crime defense attorney. The Law Offices of Richard F. Matthews, Jr. is here to help. Let us work for you and build a strong defense strategy against your drug trafficking case in Alabama. You should never try to manage a criminal case alone. Contact us for a consultation today.

What Can You Do if another Party Lies about an Accident?

Wed, 20 Nov 2024 15:40:09 GMT

Why are Motorcycle and Scooter Accident Claims Difficult?

Do you believe another party has lied about the details of an accident that hurt you? This situation can be incredibly frustrating and may leave you feeling hopeless. Dealing with lies and deceit can complicate matters and make it even more challenging to get the justice and compensation you deserve. However, always remember you are not alone in this, and there are steps you can take to protect your rights.

At the Law Office of Richard F. Matthews, Jr., we understand the difficulty of these situations. Contact us today to discuss your case with a personal injury lawyer in Montgomery and start the process of getting the compensation Alabama law entitles you to.

Report Your Accident

It can benefit you to contact the police immediately following an accident for several reasons. First, you might have to report the collision under Alabama law . Their presence can also help ensure an accurate record of the accident’s causes and discourage any dishonest behaviour from the other party.

Be on the Lookout for Inconsistencies

After the accident, be vigilant for any inconsistencies or discrepancies in the other party's version of events. One of the most telling signs of dishonesty is when the other party's story changes or contradicts their previous statements. These conflicting accounts often emerge as more details come to light, and such inconsistencies can significantly undermine their credibility.

The lack of evidence supporting their claims is another warning sign. When a party is unable or unwilling to provide documentation, photographs, or other tangible proof to back up their version of events, it raises serious questions about the truthfulness of their account. This becomes even more significant when witness statements contradict the other party's story. Independent witnesses who provide different accounts of the accident can be instrumental in establishing the true sequence of events.

Additionally, examining the other party's past history can reveal important patterns. If they have a documented history of dishonesty or have been involved in similar accidents before, it naturally raises doubts about their truthfulness in the current situation. Understanding these warning signs and documenting them carefully can protect your interests and ensure a fair resolution to your case.

Retain a Personal Injury Attorney Immediately

If the other side is lying about the accident, you need to retain a Montgomery personal injury lawyer immediately. An attorney can provide you with the legal representation and guidance you need to hold the other party accountable. Some of the specific ways a lawyer can help you include:

Investigating your accident and identifying the liable party or parties
Collecting evidence
Filing a claim or lawsuit on your behalf
Representing you in settlement negotiations
If necessary, representing you in court

Call a Montgomery Personal Injury Lawyer Today

At the Law Office of Richard F. Matthews, Jr., we represent car accident victims in Montgomery, Alabama. If you are in a situation where another party has lied about an accident, we are here to guide you through the legal process and fight for the justice and compensation you deserve. Contact us today to schedule a free consultation and protect your rights.

Why are Motorcycle and Scooter Accident Claims Difficult?

Wed, 20 Nov 2024 15:04:34 GMT

Why are Motorcycle and Scooter Accident Claims Difficult?

Motorcycle and scooter accidents can be devastating experiences, and dealing with the aftermath can be incredibly difficult. Unfortunately, when filing a claim for this type of accident, the deck is often stacked against victims. Insurance companies try as hard as they can to pay victims as little as possible and often deny claims entirely.

If you have suffered injuries in a crash, you should talk to a motorcycle accident lawyer as soon as possible. Attorney Matt Matthews is a skilled accident attorney in Montgomery who knows how to get clients the compensation they deserve. Contact us today to schedule a free case evaluation.

Riding Motorcycles or Scooters is Risky

Riding two-wheeled vehicles like motorcycles or scooters can be fun, but it also comes with inherent risks. These vehicles offer less protection to riders compared to cars, making them more vulnerable to severe injuries in accidents. In fact, the National Highway Safety Administration (NHTSA) indicates that motorcyclists were four times more likely to be injured in an accident than other motorists in an accident.

Due to their smaller size and agility, motorcycles can be easily overlooked by other drivers, leading to collisions. The lack of safety features such as seat belts and airbags further increases the risk of serious harm. Severe injuries are common in motorcycle and scooter accidents, including:

Traumatic brain injuries
Spinal cord injuries
Severe soft tissue injuries
Broken bones

Insurance Companies often Assume Motorcyclists are Irresponsible

Unfortunately, insurance companies often hold biases against motorcyclists. They may assume that motorcyclists are more prone to reckless behavior or that they are inherently at fault in accidents. This bias can heavily influence how they handle claims and may result in unfair settlements or claim denials.

You need a lawyer who understands these biases and can advocate for your rights and interests. A skilled attorney can present a compelling case that challenges these assumptions and ensures that you receive fair compensation for your injuries and losses.

Fault Can Be Difficult to Determine

Determining fault in motorcycle accidents can be incredibly challenging. These accidents often involve multiple parties and factors that contribute to the crash. It may not be clear-cut who is at fault, especially when there are conflicting accounts of the incident. Insurance companies may exploit this ambiguity to their advantage, attempting to shift blame away from their insured party or deny responsibility altogether.

An experienced lawyer can greatly assist in investigating the accident and gathering evidence to establish liability. They will work diligently to uncover the truth and ensure that fault is properly attributed, maximizing your chances of obtaining a fair settlement.

How a Motorcycle Accident Lawyer Can Help

When facing the difficulties of a scooter or motorcycle accident claim, hiring a lawyer can be the difference between receiving a fair settlement and being denied the compensation you deserve. A lawyer will help by:

Filing all paperwork within required deadlines
Gathering evidence to support your claim
Documenting all medical expenses properly
Calculating future medical costs accurately
Negotiating directly with insurance companies
Protecting you from manipulative insurance tactics
Building a strong legal defense
Representing your interests in court

Whether it's negotiating a settlement or preparing for trial, they will fight for your rights and advocate for the maximum compensation you are entitled to.

Call a Montgomery Motorcycle Accident Lawyer Today

If you have been injured in a scooter or motorcycle accident in Montgomery, Alabama, the Law Office of Richard F. Matthews, Jr. is here to help. With over 15 years of experience, our dedicated team understands the challenges of these accident claims and has a track record of successfully representing motorcycle accident victims.

Contact us today for a free consultation. Let us handle the legal aspects while you focus on recovery and rebuilding your life.

Federal Crime Defense Attorney in Alabama

matt@mmatthewslaw.com (Matt Matthews) — Thu, 10 Oct 2024 14:41:43 GMT

Federal Crime Defense Attorney in Alabama

All criminal charges are serious matters, but federal charges can be particularly concerning. When you are charged in the federal justice system, the penalties can be severe, including lengthy prison sentences and hefty fines. Federal criminal law, combined with the vast resources of the prosecution and investigative agencies like the FBI or DEA, make it critical to have a skilled and experienced federal crime defense attorney by your side.

At the Law Office of Richard F. Matthews, Jr. , we defend clients against federal criminal charges in Alabama. If you are in need of an effective defense in a federal case, contact our firm today for a consultation.

Federal Charges are Different from State-Level Charges

Federal charges differ greatly from state-level charges, so you need a lawyer with experience in criminal defense at the federal level.

While state charges are prosecuted under state laws, federal charges are governed by federal statutes and are investigated and prosecuted by federal law enforcement agencies.

Federal charges generally involve offenses that are considered more serious, such as drug trafficking, white-collar crimes, and terrorism-related offenses. These cases are typically handled by federal prosecutors who have extensive resources and extensive experience in federal law. Further, there is not federal parole system so that if you get a sentenced for a federal conviction, there will no parole options for your early release.

Due to the challenges involved, you need a Montgomery federal defense attorney who is familiar with the federal court system and can protect your future.

Federal Charges We Defend Against

At the Law Office of Richard F. Matthews, Jr ., we have extensive experience defending individuals against a wide range of federal charges, including the following.

Drug Offenses

Drug offenses, such as drug trafficking, possession with intent to distribute, and drug conspiracy, are often prosecuted at the federal level. These offenses carry severe penalties, including lengthy prison terms and substantial fines.

Fraud Offenses

Fraud offenses , such as bank fraud, mortgage fraud, healthcare fraud, and wire fraud, are also frequently prosecuted as federal crimes. These offenses involve intentionally deceiving others for personal gain. Federal prosecutors aggressively pursue these cases, and the penalties upon conviction can be severe.

Weapons Offenses

Weapons offenses, such as possession of a firearm by a convicted felon, possession of a weapon during the commission of a crime, and trafficking firearms, are federal offenses that carry significant penalties.

Bank Robbery

Bank robbery is a federal offense that involves the use of force, violence, or intimidation to take property or money from a bank. These cases are aggressively prosecuted, and a conviction can result in lengthy prison sentences.

Why You Need a Strong Defense

When facing a federal crime charge in Alabama, you need a strong defense from the outset. The consequences of a federal conviction are severe and can include mandatory minimum sentences if you are convicted.

Our skilled federal crime defense attorney can thoroughly investigate the facts and circumstances surrounding your case, identify weaknesses in the prosecution's case, and develop a strategic defense strategy tailored to your specific situation. We will fight to challenge any evidence against you, and work toward securing the best possible outcome, whether that be a dismissal, reduction of charges, or acquittal.

Contact a Federal Criminal Defense Lawyer Immediately

If you or someone you know is facing federal crime charges in Alabama, act quickly and secure legal representation from a skilled federal criminal defense lawyer. At the Law Office of Richard F. Matthews, Jr. , we have the experience to handle complex federal cases and provide effective defense strategies. Don't face federal charges alone - contact us today at for a consultation. Your future may depend on it.

Wrongful Death Attorneys in Montgomery, Alabama

Thu, 10 Oct 2024 14:35:01 GMT

Wrongful Death Attorneys in Montgomery, Alabama

Losing a loved one is always a devastating experience, but when their death is the result of someone else's negligence or wrongdoing, the pain can be compounded. Wrongful death cases in Montgomery, Alabama can be legally and emotionally challenging for families. The legal system requires a thorough understanding of state wrongful death law, and this is only the beginning of the process.

If you find yourself faced with such a devastating situation, never wait to seek help from experienced wrongful death attorney Matt Matthews. We can fight for the justice and compensation you deserve after a tragic loss.

Contact the Law Office of Richard F. Matthews, Jr., today to schedule a consultation and let us help you during this difficult time.

What is Wrongful Death in Alabama?

Wrongful death in Alabama refers to a situation where an individual dies due to the negligent or intentional actions of another person or entity. The death can occur as a result of various circumstances, such as truck or car accidents, industrial accidents, defective products, medical negligence, or criminal actions. When someone's actions or omissions lead to the death of another person, they can be held legally responsible for their actions through a wrongful death lawsuit.

Who Can File an Alabama Wrongful Death Claim?

In Alabama, the right to file a wrongful death claim benefits close family members of the deceased, including the spouse, children, or parents. However, in Alabama, only the personal representative of the deceased's estate actually files the claim on behalf of the family. Once the claim results in compensation, the proceeds go to the eligible family members.

Wrongful Death Compensation in Alabama

Alabama law is unique regarding compensation for wrongful death. Other states consider the actual losses of the family, such as lost financial support or funeral expenses. However, in Alabama, the compensation a family receives is from punitive damages against the party that caused the death.

Your claim should be supported by evidence showing the true nature of the negligence or misconduct the caused the death, so the compensation truly reflects what happened. Your wrongful death lawyer who understands Alabama’s specific laws will ensure to paint a clear picture of what led to your loved one’s untimely death.

Time is Limited to Pursue an Alabama Wrongful Death Lawsuit

You have to act quickly if you are considering filing a wrongful death lawsuit. In Alabama, the statute of limitations for wrongful death claims is generally two years from the date of the deceased person's death . Failing to file within this time frame can result in the loss of your right to seek compensation. Contacting a Montgomery wrongful death attorney as soon as possible will ensure you meet important deadlines.

Consult a Montgomery Wrongful Death Attorney

If you have lost a loved one due to someone else's negligence or intentional actions, seek the guidance of an experienced Montgomery wrongful death attorney. The Law Office of Richard F. Matthews, Jr., understands the pain and challenges you are facing during this difficult time. Let us support you through the legal process and fight for your rights. Reach out to us today .

Do You Have to Repay Health Insurance After Injury?

Wed, 25 Sep 2024 15:07:39 GMT

Do You Need to Pay Back Your Health Insurance Company?

When you expect a personal injury settlement, one common question that arises is whether or not you need to pay back your health insurance company. This can be a complicated issue that requires careful consideration of the details of your specific case.

Depending on the terms of your health insurance policy and the coverage your insurer provided regarding your injuries, you may be required to reimburse your health insurance company for any medical expenses they covered related to your injury.

However, note that the laws surrounding this issue can be complicated, so you should always seek the guidance of an experienced personal injury attorney to ensure your health insurer does not demand unfair payment.

If you were injured and want to discuss seeking a possible settlement, do not hesitate to reach out to our Montgomery injury personal lawyer at the Law Office of Richard F. Matthews, Jr. for trusted advice and representation.

Health Insurance Might Initially Cover Some Medical Treatment

When you sustain a personal injury, your health insurance policy may initially cover the cost of certain medical treatments. This coverage can be a relief, as medical expenses can quickly accumulate, and unpaid bills can cause additional stress. However, know that your health insurance company might have the right to be reimbursed if you later receive a personal injury settlement.

Health Insurance Subrogation After a Personal Injury Settlement

Subrogation is the legal principle that allows a health insurance company to seek reimbursement for medical expenses from a personal injury settlement. Essentially, subrogation gives the health insurance company the right to step into your shoes and collect compensation directly from the responsible party or their insurance provider. This allows your health insurance company to be repaid for the expenses they covered on your behalf.

Before issuing coverage, your insurance company will ask how the injury happened. If you state someone else caused the accident and injuries, your insurer will take note and will want to seek reimbursement once you receive compensation from the liable party. The law allows this so injury victims do not receive compensation for medical expenses when their insurance has already covered them.

A Montgomery Personal Injury Lawyer Will Ensure Your Settlement Covers Your Medical Expenses

In light of possible subrogation, you must ensure your personal injury settlement covers all your medical expenses, whether they were covered by health insurance or not. Consult with a Montgomery personal injury attorney who can determine how much compensation you deserve in light of all your circumstances.

An experienced attorney will thoroughly examine the terms of your health insurance policy and Alabama law to determine your obligations to your health insurance company.

Consult a Montgomery Personal Injury Attorney Today

If you need to seek a settlement or are unsure if you need to repay your health insurance company after a personal injury settlement, seek guidance from a Montgomery personal injury attorney. The Law Office of Richard F. Matthews, Jr. handles many types of personal injury claims for clients throughout the Montgomery area and beyond.

Don't hesitate to contact our office for a free consultation.

Industrial Accident Attorney in Alabama

Wed, 25 Sep 2024 15:02:47 GMT

Industrial Accident Attorney in Alabama

An industrial accident can be a serious event, leaving workers with life-changing injuries and devastating consequences. In Alabama, understanding workers' compensation laws and handling the claim process can be overwhelming for those who have suffered injuries in an industrial accident.

If you or a loved one has been injured in Alabama, never wait to seek the guidance and representation of an experienced industrial accident attorney who can ensure you receive the benefits you deserve. Contact the Law Office of Richard F. Matthews, Jr. for assistance and a free consultation today.

Common Industrial Accidents in Alabama

Alabama has a thriving industrial sector, which includes manufacturing plants, construction sites, and mining operations. Unfortunately, these industries also pose significant risks to workers, leading to various types of industrial accidents. Some of the common industrial accidents in Alabama include:

Falls - Falls from heights , such as scaffolding or ladders, are one of the leading causes of injuries in industrial settings.
Equipment Malfunction - Machinery and equipment failure can result in serious accidents, including crush injuries, amputations, and burns.
Fires and Explosions - Industrial sites that deal with hazardous materials are susceptible to fires and explosions, causing severe burn injuries and fatalities.
Toxic Chemical Exposure - Workers in industries like manufacturing and construction may be exposed to toxic chemicals , leading to respiratory problems, organ damage, and long-term health issues.
Transportation Accidents - Industrial accidents can also occur during transportation activities, such as trucking or shipping accidents, resulting in injuries and property damage.

Serious Injuries from Industrial Accidents

Industrial accidents can result in a wide range of serious injuries, often leaving workers with long-lasting physical, emotional, and financial consequences. Some of the common serious injuries from industrial accidents include:

Traumatic brain injuries (TBIs)
Spinal cord injuries
Burn injuries
Amputations
Respiratory illnesses

If you suffered a serious condition due to an industrial accident, seeking legal representation is imperative to seek the benefits you deserve.

Know Your Rights After a Work Injury

After an industrial accident, speak with an industrial accident lawyer to know your rights as an injured worker in Alabama.

Some key rights to be aware of include:

Workers' Compensation Benefits - In Alabama, most employers are required to provide workers' compensation insurance to cover medical expenses and lost wages for work-related injuries. Workers' compensation is a no-fault system, meaning that you are entitled to benefits regardless of who caused the accident.
Third-Party Claims - You can seek additional compensation from any third parties whose negligence caused your accident and injuries.

By understanding your rights, you can take the necessary steps to protect yourself and seek the compensation you deserve after an industrial accident.

Allow an Alabama Industrial Accident Lawyer to Evaluate Your Options

If you were injured in an industrial accident in Alabama, The Law Office of Richard F. Matthews, Jr. is ready to help. We are committed to helping victims of industrial accidents seek the financial support they need.

Don't face the aftermath of an industrial accident alone. Allow our qualified lawyers to evaluate your options and guide you towards the best course of action. Contact the Law Office of Richard F. Matthews, Jr. today for a free consultation.

Why Personal Injury Claims Might Get Rejected

Tue, 10 Sep 2024 17:54:53 GMT

Why Personal Injury Claims Might Get Rejected

Personal injury claims can be challenging, and there are several reasons why they might get rejected by insurance companies. It is important to ensure you receive the full compensation the law allows to cover your losses, so you should never simply accept a wrongful denial of your injury claim.

If your claim is denied, immediately seek legal representation from a trusted Alabama personal injury attorney . Further, if you have been injured and are considering filing a personal injury claim, a lawyer can help reduce the chances of a wrongful denial.

Reach out to the Law Office of Richard F. Matthews, Jr. for trusted guidance and assistance.

The Insurance Company Blames You for the Accident

One reason why a personal injury claim might get rejected is if the insurance company blames you for the accident. Insurance companies only cover personal injury claims in Alabama when their policyholders are completely at fault, so they often try to shift the blame onto the injured party in order to avoid paying out compensation .

They may argue that your own negligence or failure to follow safety protocols caused the accident. This tactic is used to undermine your claim and reduce or eliminate the amount of compensation you are entitled to.

Having a skilled Alabama personal injury lawyer handling the process can help counter these claims and build a strong case to prove that the accident was not your fault.

The Insurer Alleges there was Another Cause of Your Injuries

Another reason why your personal injury claim might be denied is if the insurer alleges that there was another cause of your injuries. As a claimant, you must connect your injuries to the accident in question to obtain compensation.

Insurance companies often try to discredit your claim by arguing that your injuries were not caused by the accident but by a pre-existing condition or another unrelated incident.

The right Alabama personal injury attorney can challenge these allegations by presenting medical records, expert opinions, and other evidence to establish a clear link between the accident and your injuries.

You Have Insufficient Evidence of Liability or Your Losses

Insufficient evidence of liability or losses is another common reason why personal injury claims get rejected. To successfully pursue a personal injury claim, you need to provide evidence that demonstrates the other party's negligence or wrongdoing was the cause of your injuries. Without sufficient evidence, the insurance company may argue that there is a lack of liability or that your losses are not substantial enough to warrant compensation.

An Alabama personal injury lawyer can help you gather and present the necessary evidence to support your claim, such as accident reports, photographs, expert testimony, and other relevant documentation.

Contact an Alabama Personal Injury Attorney Immediately

Dealing with a claim denial is stressful, but you can often get compensation after a denial with help from a personal injury lawyer. A skilled lawyer can also help from the start of the process to avoid a denial to begin with. Contact The Law Office of Richard F. Matthews, Jr. for a free consultation today if you believe you have an injury claim.

How Does a Workers’ Compensation Attorney Help You?

Tue, 10 Sep 2024 17:48:42 GMT

How Does a Workers’ Compensation Attorney Help You?

Dealing with a work injury can be stressful, to say the least. You have unexpected costs and time away from work, and the workers’ compensation claim process might not be going as smoothly as you would hope. The doctors provided by your employer (or their insurance company) may not be listening to your symptoms or concerns. From understanding legal requirements to dealing with insurance companies, the claim process can quickly become overwhelming.

Fortunately, you can seek the help of an Alabama workers’ compensation attorney from the Law Office of Richard F. Matthews, Jr. Our firm offers many benefits for injured workers, including the following.

Knowing Workers’ Compensation Laws in Alabama

Workers’ compensation laws vary from state to state, and Alabama has its own complicated provisions. To receive benefits, you must meet specific requirements outlined in the Alabama Workers' Compensation Act . Understanding this law can be challenging, especially if you are unfamiliar with its provisions.

An attorney can explain the laws and ensure that you understand your rights and obligations. We will provide you with valuable insight into the deadlines for filing a claim, the types of benefits available, and the procedures involved in obtaining compensation.

Gathering and Analyzing Evidence

To build a solid case, you must gather and analyze relevant evidence. This evidence may include medical records , witness statements, accident reports, and other documentation that supports your claim of a work-related injury. However, collecting this evidence can be time-consuming and overwhelming, especially if you are still recovering from your injuries.

Our Alabama workers’ compensation attorney has the necessary experience and resources to efficiently gather and analyze evidence on your behalf. We can work closely with medical professionals and other relevant parties to ensure that all necessary evidence is collected and properly presented as part of your claim.

Negotiating with Insurance Companies

Even if you meet all the requirements for a workers’ compensation claim, insurance companies can still be difficult. These companies are known for their tactics to challenge claims, withhold authorizations for medical treatment, minimize payouts, and try to settle disability cases for the least amount possible. When dealing with a workers’ compensation claim, you may find yourself facing complicated negotiations with insurance representatives who are well-versed in denying or reducing claims.

Having a skilled workers’ compensation attorney by your side levels the playing field and ensures your claim is not wrongfully denied or reduced. We will handle all communications and negotiations with the insurance company, using our experience to appeal denied claims for medical treatment, ensure you receive full benefits, negotiate settlements, argue your case to a judge at trial if needed.

Learn More from a Montgomery, Alabama Workers’ Compensation Attorney

If you have been injured on the job in Montgomery, Alabama, and need assistance with your workers’ compensation claim, turn to an experienced attorney at the Law Office of Richard F. Matthews, Jr. Our legal team will handle the entire process, whether you need assistance with an initial claim or appealing a claim denial you already received.

Contact the Law Office of Richard F. Matthews, Jr. today for a free consultation to discuss your case. Don't try to figure out the workers’ compensation claims process alone – there is valuable professional help available at no upfront cost.

What if a Job-Related Injury Keeps You Out of Work in Alabama?

Mon, 15 Jul 2024 15:27:23 GMT

What if a Job-Related Injury Keeps You Out of Work in Alabama?

Being injured in a job-related accident can have a significant impact on your life, both physically and financially. Suddenly, finding yourself unable to work and unsure of how to navigate the complex legal system can be overwhelming. That's where the experience and knowledge of a Montgomery workers' compensation lawyer can be invaluable. The Law Office of Richard F. Matthews, Jr., LLC is here to help you fight for your rights and get the compensation you deserve.

Job-Related Injuries Can Entitled You to Workers' Compensation Benefits

When you suffer a job-related injury, you may be entitled to workers' compensation benefits. These benefits are designed to help you cover:

Medical expenses
Lost wages
Rehabilitation costs.

However, navigating the workers' compensation system can be complicated and frustrating. That's why it's crucial to have a skilled attorney on your side who understands the intricacies of the law and can advocate for your rights.

At The Law Office of Richard F. Matthews, Jr., LLC , we have extensive experience handling workers' compensation cases. We understand the nuances of the law and can ensure that you receive the full benefits you are entitled to.

Remember that the Insurance Company is Not on Your Side

After a job-related injury, you may assume that your employer's insurance company will be there to support you. Unfortunately, that's not always the case. Insurance companies are focused on their bottom line and will often try to minimize payouts or deny claims altogether. Some of the tactics insurance companies use to manipulate victims into accepting less money include:

Claiming your injury was not work-related
Categorizing your injuries as pre-existing
Questioning whether you need all of the medical treatment you are receiving
Pressuring you to provide a recorded statement

Why Choose Us

When it comes to fighting for your rights after a job-related injury, you need an attorney who has the experience to handle your case effectively. The Law Office of Richard F. Matthews, Jr., LLC offers unmatched dedication and commitment to our clients.

Here's why you should choose us:

Experience – We have a proven track record of success in handling workers' compensation cases. Our team has successfully secured multimillion-dollar settlements for our clients, ensuring they receive the compensation they deserve for their injuries.
Expertise – With extensive knowledge of workers' compensation laws, we know how to navigate the legal system to your advantage. We will ensure that all necessary paperwork is filed correctly and on time, preventing any delays or denials in your claim.
Personalized Attention – We understand that every case is unique, and we provide personalized attention to each client. You will have direct access to your attorney throughout the process, allowing for open communication and peace of mind.
Aggressive Advocacy – We are not afraid to take on insurance companies and fight for what's right. Our attorneys are skilled negotiators and will tirelessly advocate for your rights, both in and out of the courtroom.

Call a Montgomery Workers' Compensation Lawyer Today

If you've been injured in a job-related accident in Montgomery, Alabama, don't hesitate to reach out to The Law Office of Richard F. Matthews, Jr., LLC . We will fight for your rights and help you get the benefits you deserve. You can call us at 334-398-8408 or contact us online to schedule a free consultation. Remember, you don't have to face this alone. Let us be your trusted advocate and guide you through the complex legal process.

What to Do on a First Settlement Offer for a Car Accident Injury

Mon, 01 Jul 2024 15:34:04 GMT

What to Do on a First Settlement Offer for a Car Accident Injury

Getting injured in a car accident can result in significant losses, both financial and emotional. Dealing with the aftermath of a car accident can be overwhelming, especially when it comes to negotiating a settlement with the insurance company. Fortunately, when you retain a lawyer, they will handle the legal aspects of your case and communications with the insurance company.

If you have suffered an injury in a car accident in Montgomery, Alabama, the Law Office of Richard F. Matthews, Jr., LLC , is here to help you.

Car Accidents Can Result in Significant Losses

Car accidents can leave you with not only physical injuries but also emotional trauma and financial burdens. Medical bills, lost wages, property damage, and pain and suffering are just a few of the losses you may experience after a car accident. It is essential to understand the value of your case and the potential compensation you may be entitled to. Here's where a lawyer can help.

First Offers are Rarely Adequate

When the insurance company makes a first settlement offer, it is crucial to approach it with caution. Insurance companies are businesses, and their primary goal is to minimize how much they pay out on every claim they get. As a result, the first offer they make is typically not enough to cover your losses adequately. It is likely in your best interest to reject the first offer and consult with a lawyer who can evaluate your losses and determine the true value of your case.

Importantly, you only get one chance to settle. Once you accept an offer, it is highly unlikely that you can obtain more compensation for your accident. That’s why it’s so important to work with a lawyer after an injury-causing crash.

A Lawyer Can Protect Your Rights

Navigating the legal and insurance systems can be complicated and overwhelming, especially when you are dealing with physical and emotional injuries. Having a lawyer by your side can alleviate the stress and ensure your rights are protected throughout the process.

Here's how a lawyer can help:

Evaluate Your Losses – A lawyer can assess the full extent of your losses and determine the fair value of your case. They will consider all relevant factors, such as medical expenses, future treatment costs, lost wages, and pain and suffering.
Negotiate on Your Behalf – Insurance companies have teams of adjusters and lawyers working to minimize their payout. A skilled lawyer can level the playing field by negotiating with the insurance company on your behalf. They will fight for your best interests and strive to secure a fair settlement.
Handle the Legal Process – Dealing with legal paperwork, court filings, and negotiation tactics can be overwhelming, especially when you are trying to recover from your injuries. A lawyer will handle all the legal aspects of your case, allowing you to focus on your recovery.
Advocate for You in Court – While the vast majority of car accident cases are settled outside of court, some may require litigation. In such situations, a lawyer will represent you in court, presenting a strong case and advocating for your rights before a judge and jury.

Remember, the insurance company's primary goal is to pay as little as possible. By having a lawyer on your side, you can ensure that your rights are protected and you receive the compensation you deserve.

Call a Montgomery Car Accident Attorney Today

If you have been injured in a car accident in Montgomery, Alabama, don't navigate the complex legal process alone. The Law Office of Richard F. Matthews, Jr., LLC has over 20 years of experience representing clients in car accident injury cases.

We have recovered millions of dollars for our clients and are ready to fight for your rights. Please contact us to schedule a free consultation with a skilled Montgomery car accident attorney. Let us handle the legal complexities while you focus on your recovery and getting your life back on track.

Workers’ Compensation Death Benefits in Alabama

Fri, 21 Jun 2024 16:02:15 GMT

Workers’ Compensation Death Benefits in Alabama

Workers’ compensation covers more than just medical bills and lost wages for injured workers. When a worker is tragically killed on the job, their family may be entitled to compensation for the financial loss and emotional trauma they have suffered. However, determining eligibility for death benefits and calculating the appropriate amount can be complicated.

Family members should always seek legal counsel from a trusted Alabama workers’ compensation lawyer to ensure that they receive the full and fair compensation they deserve. If you have lost a loved one in a workplace accident, contact the Law Office of Richard F. Matthews, Jr. today for a free consultation.

Common Causes of Workplace Fatalities

Workplace fatalities can occur in many industries, including some of Alabama’s top industries, such as auto manufacturing and construction. Some common causes of workplace fatalities include:

Machinery accidents
Vehicle accidents
Falls from heights
Exposure to harmful substances or chemicals
Being struck by objects
Occupational diseases

Workers’ comp is a no-fault system, so death benefits should be available in most cases, regardless of the cause of the fatality. Keep in mind that death benefits should be available for both fatal injuries and fatal illnesses, such as mesothelioma or other results of toxic exposure.

Families Can be Entitled to Workers' Compensation Death Benefits

Death benefits aim to provide financial support to dependents who rely on the deceased worker's income. The amount of compensation can vary depending on factors such as:

The worker's average weekly wage
Number of dependents
The extent of their financial dependency

An Alabama workers' compensation attorney can help determine your eligibility and calculate the appropriate amount of compensation. In this trying time, the last thing you should worry about is financial stress or how to seek the benefits your family deserves. Fortunately, legal help is available.

Do Not Settle for Less than You Deserve

Insurance companies may try to offer a quick settlement to your family, and resolving the matter quickly might seem favorable. However, quick settlements usually aim to minimize the insurer’s expenses, so it is crucial not to settle for less than you deserve.

The financial impact of losing a loved one can be significant, and you must obtain fair compensation to support your family's future. Consulting with an experienced workers' compensation attorney in Alabama can ensure that you understand your rights and receive the full and fair compensation you deserve.

Seek Help from an Alabama Workers' Compensation Attorney

Losing a loved one in a workplace accident is devastating, and the legal challenges of obtaining full workers’ compensation death benefits can add to the emotional and financial burden. Families should always seek help from an experienced Alabama workers' compensation attorney who will represent their interests.

At the Law Office of Richard F. Matthews, Jr., our workers’ comp lawyer can handle the entire process, gather necessary evidence, review settlement offers, negotiate with insurance companies, and fight for your rights to secure the compensation you deserve.

If you have lost a loved one in a workplace accident, contact us today for a free consultation on your case.

Who Can be Liable for a Montgomery Slip and Fall?

Fri, 21 Jun 2024 15:55:03 GMT

Who Can be Liable for a Montgomery Slip and Fall?

Slip and fall accidents can be complex cases, especially when determining liability in a Montgomery slip and fall. To effectively seek compensation in these cases, you must establish who is responsible for maintaining and ensuring the safety of the premises where the accident occurred. Potential liable parties can include property owners, landlords, tenants, or even contractors who may have created hazardous conditions.

If you have been injured in a slip and fall accident in Montgomery, always consult with an experienced attorney who can provide you with guidance and advocate for your rights. Contact the Law Office of Richard F. Matthews, Jr. for a free consultation and let us help you seek compensation from liable parties.

Common Slip and Fall Locations

Recognizing common locations of these accidents is helpful in determining liability. Here are some of the common slip and fall locations around Montgomery :

Grocery and Big Box Stores

Grocery and big box stores are popular places where slip and fall accidents occur. Wet or spilled substances, uneven flooring, and cluttered aisles can pose significant hazards. Staff often fails to adequately inspect these large establishments.

Condo and Apartment Common Areas

Common areas in condos and apartment complexes, such as staircases, hallways, and entrances, can be hazardous if not properly maintained. Cracked sidewalks, poor lighting, or lack of handrails can contribute to slip and fall accidents. In these cases, the property owner, HOA, or landlord may be responsible for maintaining a safe environment for residents and visitors.

Parking Lots and Garages

Parking lots and garages are often neglected when it comes to maintenance. Potholes, slippery surfaces, inadequate lighting, and lack of signage can lead to slip and fall accidents.

When is Someone Liable for a Slip and Fall?

Determining liability in a slip and fall case can be complicated. However, there are general guidelines to determine when someone may be responsible for a slip and fall accident:

Property Owners

Property owners have a duty of care to maintain their premises and ensure the safety of visitors. If a property owner fails to address a hazardous condition that leads to a slip and fall accident, they may be held liable for any resulting injuries. It is important to establish that the property owner knew or should have known about the unsafe condition and did not take appropriate action to fix it.

Businesses and Property Occupiers

Business establishments and property occupiers have a responsibility to maintain a safe environment for customers and visitors. They must regularly inspect their premises for hazards and promptly address any dangerous conditions. If they fail to do so and a slip and fall accident occurs, they may be held accountable for the injuries caused.

Holding Negligent Parties Accountable for Your Losses

If you have been injured in a slip and fall, it is essential to hold the negligent parties accountable for your losses. Seeking compensation for medical expenses, lost wages, pain and suffering, and other damages can help you recover and move forward. An experienced slip and fall attorney can guide you through the legal process, gather evidence, negotiate with insurance companies, and fight for the compensation you deserve.

Consult Our Montgomery Slip and Fall Attorney Today

If you have been injured in a slip and fall accident in Montgomery, don't hesitate to seek legal help. The Law Office of Richard F. Matthews, Jr. is here to assist you during this challenging time. Contact us for a free consultation, and let us help you fight for the compensation you deserve.

Workers’ Comp for Back Injuries

Mon, 06 May 2024 22:43:10 GMT

Workers’ Comp for Back Injuries

You might have injured yourself in a work accident or pain developed due to repetitive motion. Either way, dealing with a work-related back injury can be a concerning and frustrating experience due to missing work and medical bills.

In Alabama, workers' compensation laws protect employees who suffer injuries on the job. Workers’ comp coverage should provide various benefits to injured workers, including medical treatment and wage replacement. However, getting the benefits you need for back injuries can be more challenging than you expect.

The good news is a Montgomery workers' compensation lawyer can help. The Law Office Of Richard F. Matthews, Jr., LLC is here to oversee your workers’ comp claim and ensure that you receive the benefits you deserve for your back injury.

Common Work-Related Back Injuries

Back injuries are quite common work-related injuries, ranging from minor muscle strains to severe herniated discs or spinal fractures.

Some common causes of work-related back injuries include:

Lifting heavy objects without proper training or equipment
Repetitive bending, twisting, or lifting motions
Falls or accidents on construction sites
Prolonged sitting or standing in awkward positions
Vibration from machinery or equipment

No matter how your back injury occurred, if it happened while you were performing your job duties, you should be eligible for workers' compensation benefits.

Benefits for Back Injuries

Medical Treatment Coverage

Your employer's workers' compensation insurance should cover the costs of all necessary medical treatment.

This includes:

Emergency treatment
Doctor visits
Specialist consultations
Diagnostic tests
Prescription medications
Physical therapy
Surgery
Post-op care
Medical equipment

Sometimes, insurance companies question whether all of your medical care was necessary in an attempt to avoid covering certain costs. Our Montgomery workers' compensation lawyer can help ensure that you receive coverage of all the appropriate medical care for your back injury.

Wage Replacement and Disability Benefits

If your back injury leaves you out of work temporarily or permanently, you may receive wage replacement and disability benefits. Temporary total disability benefits cover a portion of your lost wages while you're recovering and unable to work. If your injury prevents you from returning to work due to the long-term effects of your injury, you may be eligible for permanent partial disability benefits or permanent total disability benefits, depending on the severity and effects of your injury.

Why You Might Need a Montgomery Workers' Compensation Lawyer

While Alabama workers’ compensation law entitles you to the above benefits when appropriate, employers and insurance companies can make the process difficult. They might challenge the cause of your back injury, claiming it happened outside of work or that it was pre-existing. The insurer might also claim you should return to work sooner than you can, trying to cut off your disability benefits.

If you face any obstacles or want to avoid them from the start, allow our Montgomery workers’ comp attorney to handle the claim process from the start. We can prove the cause and nature of your injury to secure the full benefits you need.

Contact The Law Office Of Richard F. Matthews, Jr., LLC , to schedule a free consultation. Don't let a work-related back injury derail your life.

Where Do Car Accidents Happen Most in Montgomery?

Mon, 06 May 2024 22:38:34 GMT

Where Do Car Accidents Happen Most in Montgomery?

Montgomery is a growing city with increasing traffic. While the downtown area is walkable , most people drive throughout the rest of the city. With so many vehicles on the roads, it's no surprise that car accidents happen frequently.

But where do these accidents occur most often in Montgomery? While there are more accident-prone areas, remember that crashes can happen anywhere and when you least expect it. After suffering injuries from any type of collision, never wait to consult with a Montgomery car accident lawyer to discuss a possible claim.

The Busy Intersections

One of the places where car accidents are common in Montgomery is at busy intersections. With multiple lanes of traffic, turning vehicles, and intersecting roads, intersections can quickly become chaotic. The increased potential for accidents makes it important for drivers to remain focused and vigilant, but they do not always do so.

Some of the most accident-prone intersections in Montgomery include:

Eastern Boulevard and Vaughn Road: This intersection experiences heavy traffic congestion, especially during peak hours. With multiple lanes and a high volume of turning vehicles, accidents frequently occur here.
Taylor Road and Vaughn Road : Another intersection that sees a significant number of accidents is the intersection of Taylor Road and Vaughn Road. The combination of traffic and multiple lanes can make this area challenging.
Taylor Road and Interstate 85: This exit ramp onto Taylor Road is backed up daily and lots of wrecks occur due to negligent driving, persons being on their phones and other actions causing severe and frequent accidents.
Carmichael Road and Interstate 85: This intersection is notorious for accidents due to its proximity to the interstate. Merging vehicles and off-ramps contribute to the increased risk of collisions.

Highways and Major Roadways

Accidents also tend to happen on highways and major roads in Montgomery. These areas typically have higher speed limits and more constant traffic, increasing the risk of accidents.

Some of these include:

Interstate 65: Interstate 65 sees a significant amount of local and commercial traffic throughout each day. The high speeds and volume of vehicles make it a prime location for accidents.
Eastern Boulevard: Eastern Boulevard is a major road that connects several neighborhoods in Montgomery. Many people are turning on and off Eastern, especially during rush hour.
Vaughn Road: Known for its numerous shopping centers and restaurants, Vaughn Road attracts a considerable amount of traffic. With so many distractions in the area, accidents are bound to occur.

Seeking Compensation Following a Montgomery Accident

No matter where an accident happens in the area, you should know your legal rights and options if you suffered injuries.

Specifically, if someone else was to blame for the crash, you have the right to seek compensation for your:

Medical bills
Lost income
Pain and suffering
Other relevant losses

How do you go about getting this compensation? Your first step should be to seek medical attention for any injuries, and then speak with a trusted injury lawyer who can handle the entire claim process for you.

Consult a Montgomery Car Accident Lawyer

If you've been injured in a car accident in Montgomery, you never have to handle the legal process alone. The Law Office Of Richard F. Matthews, Jr., LLC is here to provide the expert legal representation you need. With our experience and dedication, we will fight for your rights and ensure you receive the compensation you deserve. Contact us today to schedule a consultation, and let us guide you through this challenging time.

Protecting Your Rights: Key Aspects of Search and Seizure Laws in Alabama

Thu, 04 Apr 2024 14:41:24 GMT

Protecting Your Rights: Key Aspects of Search and Seizure Laws in Alabama

The law related to search and seizure can have a significant effect on the outcome of a criminal case. In fact, if the police engaged in illegal search and seizure in your case, it may result in the charges against you getting dropped entirely.

To find out if the police violated your rights relating to search and seizure laws and whether it might help your defense in your criminal case, you should immediately contact an Alabama criminal defense attorney today.

What is Search and Seizure?

Many criminal actions result from the police searching a person or their belongings during an encounter or pursuant to a warrant. The Fourth Amendment protects individuals from unreasonable searches and seizures conducted by the government. Search and seizure refers to the authority of law enforcement to search a person, their property, or their belongings and to confiscate any evidence related to a crime.

However, the Fourth Amendment does not guarantee complete protection against all searches and seizures. Instead, it establishes the standard of reasonableness that law enforcement must adhere to so officers do not violate the rights of citizens.

What are the Limits on Police?

Courts determine the reasonableness of a search or seizure by balancing an individual's Fourth Amendment rights against legitimate government interests. In general, the police must have either consent, a valid search warrant, or probable cause to conduct a search of your person, belongings, car, home, or other place where you have an expectation of privacy. If they do not, your rights may be violated.

What Happens if the Police Violate Your Rights?

If the police violate your Fourth Amendment rights during a search or seizure, the evidence they seize as a result of that violation may be inadmissible in court. This is known as the " exclusionary rule ." Your defense attorney can request that the criminal court keeps the evidence out of your case.

However, there are exceptions to this rule.

Good Faith Exception - If the police conducted the search or seizure in good faith, believing they were following proper procedures, the evidence may still be admissible in court, even if a technical error or violation occurred.
Inevitable Discovery Exception - If the evidence has been inevitably discovered through lawful means, even without the illegal search or seizure, it may still be admitted in court.
Independent Source Exception - If the evidence can be traced back to a legitimate and independent source unrelated to the illegal search or seizure, a court may deem the evidence admissible.

A skilled criminal defense attorney can advise when no exceptions apply and evidence should be inadmissible in your case. Often, this can lead to your charges getting dismissed, as the prosecutor might be left with insufficient evidence for a conviction.

Call an Alabama Criminal Defense Lawyer Today

If you find yourself facing criminal charges, consult with the Law Office of Richard F. Matthews, Jr. right away. Criminal defense attorney Matt Matthews is dedicated to protecting your rights and will fight diligently on your behalf. Don't face the criminal justice system alone; let our experienced attorney guide you through it. Contact us today for more information.

Sentencing Guidelines in Alabama

Thu, 04 Apr 2024 14:36:02 GMT

Sentencing Guidelines in Alabama

If you have been charged with a crime, it’s only natural to wonder about the penalties you are facing. In many cases, if you are convicted, your sentence will be based on Alabama’s sentencing guidelines .

That said, a conviction is not inevitable, as an experienced attorney might have a chance to get your case dismissed, obtain an acquittal at trial, or mitigate the consequences you are facing.

If you find yourself facing charges, you should immediately talk to an experienced Alabama criminal defense lawyer as soon as you can. Defense attorney Matt Matthews is ready to assist you.

Potential Sentences for Criminal Convictions

Alabama law allows for many different penalties for criminal convictions , including:

Fines
Jail or prison time
Unsupervised or supervised probation
Community service
Educational or treatment programs
Electronic monitoring

There are additional possible penalties the court might impose, depending on the circumstances and the nature of the offense.

What are Sentencing Guidelines?

Sentencing guidelines are standards that establish consistent sentencing practices. Prior to these guidelines, there was a system of unpredictable sentencing, where maximum sentences were high, and judges had considerable discretion. This system allowed for significant variability in sentences from case to case.

In response to calls for more predictable sentencing, many states, including Alabama, transitioned to determinate sentencing. Under determinate sentencing, the length of a sentence is fixed, providing both the offender and the victim with a clear idea of the amount of time that will be served. That said, judges can still deviate from the guidelines when there are compelling reasons to do so.

How a Defense Lawyer Can Work to Reduce the Penalties You Are Facing

When facing criminal charges, the penalties you may be facing are not set in stone. A skilled Alabama criminal defense lawyer can significantly affect the outcome of your case. They can develop strategic defense strategies to challenge your charges and minimize the penalties you are facing.

By conducting a thorough investigation, your lawyer can uncover any weaknesses in the prosecution's case and challenge the evidence against you. They can negotiate with prosecutors to explore plea bargain options or seek alternative sentencing programs that may offer more favorable alternatives to jail time.

Even if you are convicted, a defense lawyer can work in your favor. With experience in the courtroom, the right attorney can present compelling arguments in your defense, convincing the judge to consider mitigating circumstances that may result in a reduced sentence.

Ultimately, hiring a lawyer who understands Alabama's sentencing guidelines can substantially increase your chances of receiving lesser penalties.

Call an Alabama Criminal Defense Lawyer Today

If you're facing criminal charges in Alabama, you need to have an experienced and knowledgeable attorney handling your case from the start. The Law Office of Richard F. Matthews, Jr. is here to protect your rights and fight for your future. We have 20+ years of criminal litigation experience and are dedicated to providing aggressive and effective defense representation. Call us today or contact us online to schedule a free case evaluation.

Guide to Expungement in Alabama: Clearing Your Criminal Record

Thu, 04 Apr 2024 14:18:39 GMT

Guide to Expungement in Alabama: Clearing Your Criminal Record

Having a criminal record can have serious implications on various aspects of your life, including employment opportunities, housing, and personal relationships. However, in Alabama, there is a legal process that allows for the expungement of certain criminal records, providing individuals with the opportunity to start anew.

A Montgomery criminal defense attorney from The Law Office Of Richard F. Matthews, Jr., LLC is here to guide you through the process and help you clear your criminal record whenever possible. Contact us today for a consultation.

Understanding Expungement in Alabama

What is expungement?

Expungement is a legal process that allows for the sealing or destruction of criminal records. Once a record is expunged, it is no longer accessible to the public, including employers, landlords, and academic institutions. Essentially, expungement provides individuals with a fresh start by removing the negative consequences of a criminal record.

Who is eligible for expungement in Alabama?

Not all criminal offenses are eligible for expungement in Alabama. Eligibility is determined by various factors, including the type of offense, the age at the time of the offense, the disposition of the case, and the completion of any required sentences or probation.

For example, it is much easier to get an expungement if you have non-violent misdemeanor charges on your record and were never convicted of the offense. On the other hand, it can be much more challenging to get an expungement if the charge was a felony or if you were convicted of a misdemeanor offense.

It is important to consult with an experienced Alabama criminal defense attorney to determine if you are eligible for expungement. Never assume one way or the other without a legal consultation.

The Expungement Process

Step 1: Consultation with a criminal defense attorney

The first step in the expungement process is to schedule a consultation with an experienced Alabama criminal defense attorney. They will review your record of arrests, charges, or convictions and advise on whether you meet the eligibility criteria for expungement.

Step 2: Filing the expungement petition

If you are deemed eligible for expungement, your attorney will prepare and file an expungement petition on your behalf. This petition outlines the details of your case and requests the court to expunge your criminal record.

Step 3: Court hearing

Once the expungement petition is filed, a court hearing will be scheduled. Your attorney will represent you in court and present your case to the judge. It is crucial to have legal representation during this stage to ensure that your rights are protected and your case is effectively presented.

Step 4: Granting of expungement

If the judge determines that you meet the eligibility requirements and there are no objections from the prosecution, your expungement will be granted. This means that your criminal record will be sealed or destroyed, providing you with a fresh start.

A Montgomery, Alabama Criminal Defense Attorney Ready to Help

If you are seeking to clear your criminal record through expungement in Montgomery, Alabama, The Law Office Of Richard F. Matthews, Jr., LLC can provide you with the guidance and representation you need. Contact our experienced Alabama criminal defense attorney today to schedule a consultation. Let us help you start anew and regain control of your future through a possible expungement.

The Role of Plea Bargaining in Montgomery Criminal Cases

Thu, 04 Apr 2024 14:11:03 GMT

The Role of Plea Bargaining in Montgomery Criminal Cases

The criminal justice system is confusing and intimidating, and most people do not know what to do or what choices to make throughout their cases. One important aspect of the process that you may encounter is plea bargaining. Understanding the role of plea bargaining can help you make informed decisions and protect your rights.

If you are facing criminal charges in Montgomery, Alabama, always have the guidance and support of an experienced Alabama criminal defense attorney. The Law Office Of Richard F. Matthews, Jr., LLC , offers defense representation from the time of an arrest to the conclusion of your case, whether you plead guilty or go to trial.

The Basics of Plea Bargaining

Plea bargaining is a negotiation process between the prosecution and the defense to reach an agreement on a criminal case without going to trial. It involves the defendant pleading guilty to a lesser charge or receiving a more lenient sentence in exchange for waiving their right to a trial.

Defendants should never plead guilty without having a defense attorney. Prosecutors do not offer the same deals to unrepresented defendants as they do to criminal defense lawyers. This means you risk pleading guilty to overly harsh charges or receiving a more serious sentence if you plead guilty without an attorney negotiating a plea bargain.

Advantages of Plea Bargaining

While going to trial may seem like the best option to fight criminal charges, plea bargaining can offer some significant advantages:

Reduced Charges: By accepting a plea bargain, you may be able to avoid a more serious charge. This can also have a significant impact on the potential penalties you face.
Certainty and Control: Going to trial can be a gamble, and the outcome is uncertain. Plea bargaining allows you to have more control over the outcome of your case and provides you with certainty regarding the charges and penalties you will face.
Time and Cost Savings: Trials can be lengthy and expensive. Opting for a plea bargain can save you both time and money by avoiding a lengthy court process.
Second Chance: Accepting a plea bargain often allows for rehabilitation opportunities and the possibility of moving forward with your life more quickly.

Potential Disadvantages of Plea Bargaining

It's essential to weigh the potential disadvantages with your defense lawyer when considering a plea bargain:

Admitting Guilt: By accepting a plea bargain, you will need to plead guilty or no contest to the charges. This may be difficult if you maintain your innocence.
Limited Appeals: Once you accept a plea bargain, you generally forfeit your right to appeal the conviction or sentence .
Collateral Consequences: While a plea bargain may result in a reduction in charges or a lighter sentence, there may still be collateral consequences, such as a criminal record that can affect employment prospects or other aspects of your life.

Consulting a Montgomery Criminal Defense Attorney

If you are facing criminal charges in Montgomery, Alabama, always have a skilled attorney by your side. The Law Office Of Richard F. Matthews, Jr., LLC, is committed to providing top-notch legal representation to individuals with criminal records.

Our experienced Montgomery criminal defense attorneys will fight tirelessly to protect your rights and achieve the best outcome for your case. Contact us today to schedule a consultation.

Unraveling the Complexities of Federal Drug Trafficking Charges in Montgomery, Alabama

Fri, 23 Feb 2024 20:48:06 GMT

Unraveling the Complexities of Federal Drug Trafficking Charges in Montgomery, Alabama

Drug trafficking charges in Montgomery, Alabama can be incredibly complex and carry severe penalties for those involved. Whether you are facing federal drug trafficking charges or have a loved one who is, it's crucial to understand the complexities of these cases and the importance of seeking legal representation immediately.

At The Law Office Of Richard F. Matthews, Jr., LLC , we defend criminal defendants facing federal drug charges in Montgomery. With our experience and guidance, you can navigate the complexities of the legal system and work toward the best possible outcome for your case.

What is Drug Trafficking Under Federal Law?

Drug trafficking, under federal law , refers to the criminal offense of manufacturing, distributing, or possessing drugs with the intent to sell or distribute them. The penalties for drug trafficking offenses are significantly harsher on the federal level compared to state charges. This is due to the federal government's efforts to combat drug-related crimes across state lines and internationally. Federal drug trafficking charges often involve larger quantities of drugs, sophisticated criminal networks, and more serious consequences.

If convicted of federal drug trafficking charges in Montgomery, Alabama, you may face severe penalties that can include mandatory minimum sentences, hefty fines, asset forfeiture, and long-term imprisonment. The specific penalties depend on various factors, including the type and quantity of drugs involved, any prior criminal record, and the involvement of violence or weapons in the offense.

Why are Federal Drug Trafficking Charges So Complicated?

Federal drug trafficking charges can be incredibly complex and daunting for defendants. First, federal drug laws are extensive and constantly evolving. The Controlled Substances Act, which serves as the foundation for drug-related offenses, considers various factors such as types and quantities of drugs involved, their classification, and the location of the offense. This complexity is intended to address the diversity of drug-related activities and ensure comprehensive prosecution.

Next, federal drug trafficking charges often involve multiple agencies, including the Drug Enforcement Administration (DEA), Federal Bureau of Investigation (FBI), and Immigration and Customs Enforcement (ICE). These agencies collaborate in investigating and prosecuting drug-related activities, which adds layers of complexity to the legal process.

Additionally, federal drug trafficking cases are subject to different sentencing guidelines compared to state-level charges. The United States Sentencing Commission establishes these guidelines, taking into account the severity of the offense, the defendant's criminal history, and other relevant factors.

Why You Need a Federal Drug Crime Defense Lawyer Immediately

The legal system is complex, and the consequences of a conviction are life-altering. A skilled attorney can carefully analyze the evidence against you, identify any constitutional violations or procedural errors, and build a strong defense strategy tailored to your case. They will leverage their expertise to negotiate with prosecutors, advocate for your rights, and work towards the best possible outcome in your situation.

A federal drug crime defense lawyer knows the federal laws surrounding drug trafficking and effective defense strategies. We will fight tirelessly to protect your rights, challenge the evidence against you, and strive to minimize the potential consequences you may face.

Do Not Wait to Consult a Montgomery Criminal Defense Attorney

If you are facing federal drug trafficking charges in Montgomery, Alabama, time is of the essence. Delaying or attempting to navigate the legal system on your own can be detrimental to your case. The earlier you consult with a skilled Montgomery criminal defense attorney, the better equipped you will be to challenge the charges and protect your future.

At The Law Office Of Richard F. Matthews, Jr., LLC, we offer a confidential consultation where we can review the details of your case and provide personalized legal guidance. Contact us today to schedule a consultation and take the first step in securing your future. Let us fight for your rights and work towards the best possible outcome in your case.

Legal Impact of Violent Crimes in Alabama

Fri, 23 Feb 2024 20:35:24 GMT

Potential Consequences of Violent Crimes in Alabama: A Legal Perspective

Being accused of a violent crime in Alabama is a serious matter that can have long-lasting consequences. Whether it's assault, homicide, or robbery, the potential penalties for conviction can be severe. Always understand the potential consequences and take appropriate action to protect your rights.

If you or a loved one is facing charges for a violent crime, it is in your best interest to seek the guidance of an experienced Alabama criminal defense attorney. The Law Office Of Richard F. Matthews, Jr., LLC is here to help. We can provide you with the legal representation you need to navigate through the criminal justice system.

What are Considered Violent Crimes?

Violent crimes include many offenses that involve the use or threat of force against another person. Some common examples of violent crimes in Alabama include:

Assault
Robbery
Murder
Manslaughter
Domestic violence
Rape

These crimes are taken very seriously by the Alabama criminal justice system, and the penalties for conviction can be severe.

Serious Penalties for Convictions

If convicted of a violent crime in Alabama, you may face a combination of fines, probation, community service, mandatory counseling or treatment programs, and imprisonment. The severity of the penalties depends on various factors, such as the nature and severity of the crime, prior criminal record, and any aggravating circumstances.

For example, assault can be charged as either a misdemeanor or a felony in Alabama. Simple assault, which involves causing physical injury or the threat of bodily harm, is generally classified as a misdemeanor. This offense carries a potential penalty of up to one year in county jail and a fine of up to $6,000. However, if the assault involves the use of a deadly weapon or causes serious physical injury, it is considered a felony. Felony assault can result in imprisonment for up to 10 years and a fine of up to $15,000.

Murder is one of the most serious violent crimes, and it carries extremely severe penalties in Alabama. Murder is a Class A felony and can mean up to 99 years in prison. It can also be a capital offense, which can result in life imprisonment or the death penalty.

An Alabama Criminal Defense Lawyer Can Help

Dealing with charges for a violent crime can be overwhelming and intimidating. This is where having a skilled Alabama criminal defense attorney by your side can make a significant difference in the outcome of your case.

A knowledgeable and experienced lawyer can guide you through the legal process, protect your rights, and work hard to build a strong defense strategy. They will thoroughly investigate the circumstances surrounding your case, identify any weaknesses in the prosecution's evidence, and advocate for your best interests at every stage of the criminal proceedings.

Alabama Criminal Defense Attorney: Your Trusted Advocate

When facing serious charges for a violent crime in Alabama, it is crucial to have a strong and knowledgeable advocate on your side. The Law Office Of Richard F. Matthews, Jr., LLC is here to provide you with the compassionate and aggressive legal representation you need. Contact us today to schedule a consultation. Let us work towards a favorable outcome in your case.

Navigating White-Collar Charges: Insights from a Montgomery Criminal Attorney

Fri, 12 Jan 2024 20:58:09 GMT

Navigating White-Collar Charges: Insights from a Montgomery Criminal Attorney

As someone who is facing white-collar criminal charges, it is natural to feel overwhelmed and unsure about how to navigate the complexities of the legal system. White-collar offenses can have severe consequences, including hefty fines and even imprisonment. It is crucial to remember that you have rights and options, but it is equally important to seek the guidance and support of a qualified attorney who handles white-collar defense.

At the Law Office of Richard F. Matthews, Jr., LLC , we understand the gravity of white-collar charges and the impact they can have on your life. Our team of experienced Montgomery criminal defense lawyers is here to provide you with the legal counsel you need to navigate this challenging situation and work towards the best possible outcome for your case.

Common White Collar Offenses

White-collar crimes include a wide range of offenses, typically involving deceit or dishonesty within business or professional settings. Some common examples include:

Fraud

Fraud is a broad category that includes various types of deceptive practices, such as insurance fraud, bankruptcy fraud, securities fraud, and tax fraud. These offenses involve intentionally misrepresenting facts, selling securities that are unregistered, or engaging in deceptive acts to obtain financial benefits.

Embezzlement

Embezzlement occurs when someone entrusted with managing or monitoring funds or assets unlawfully appropriates them for personal use. This is often seen in cases where employees or executives misappropriate funds from their employers.

Money Laundering

Money laundering involves disguising the origins of illegally obtained money to make it appear legitimate. This is often done through a series of complex financial transactions, making it difficult to trace the funds back to their illegal source.

Insider Trading

Insider trading refers to the illegal practice of trading stocks or other securities based on non-public, material information. This practice gives individuals an unfair advantage over other market participants and undermines the integrity of the financial markets.

These are just a few examples of the white-collar offenses that individuals may find themselves facing. Each case is unique, and the specific charges will depend on the circumstances and the applicable laws and whether you are charged on federal or state criminal charges.

Possible Penalties for White Collar Convictions

If you are convicted of a white-collar offense, you may face a range of penalties, including:

Imprisonment
Substantial fines
Restitution or repayment of ill-gotten gains
Probation
Home confinement
Community service
Loss of professional licenses or credentials

The severity of the penalties will depend on various factors, such as the nature and scope of the offense, the amount of money involved, your criminal history, and any mitigating or aggravating circumstances. It is essential to have a strong legal defense to mitigate the potential consequences and protect your rights.

A Montgomery White Collar Defense Attorney Can Fight Your Charges

If you are facing white-collar criminal charges in Montgomery, Alabama, do not delay in seeking legal representation. Contact the Law Office of Richard F. Matthews, Jr., LLC, today for a free case evaluation. Our team is here to provide you with the guidance, support, and exceptional legal representation you need to navigate this challenging time.

Contact us today online or at 334-398-8408 to schedule your free case evaluation with a skilled Montgomery criminal defense attorney. We are committed to fighting for your rights and working towards the best possible outcome for your white-collar criminal case. Don't face these charges alone - let us be your trusted legal advocate.

Financial Recovery After a Drunk Driver Hits You in Montgomery

Fri, 12 Jan 2024 20:43:48 GMT

Financial Recovery After a Drunk Driver Hits You in Montgomery

A car accident is a traumatic experience, but when that accident is caused by a drunk driver, the physical and emotional toll can be even more devastating. If you've been injured in a drunk driving accident in Montgomery, Alabama , you may be entitled to financial compensation for your injuries and losses.

The Law Office of Richard F. Matthews, Jr. is here to help you navigate the legal process and seek the justice and compensation you deserve. Contact our experienced Montgomery car accident attorney today to learn more.

Injuries and Losses from Drunk Driving Crashes

Drunk driving accidents can result in severe injuries that have long-lasting effects on victims' lives. From broken bones and internal injuries to traumatic brain injuries and spinal cord damage, the physical toll can be extensive. Additionally, victims often suffer emotional and psychological trauma, leading to anxiety, depression, and post-traumatic stress disorder (PTSD) . In some tragic cases, drunk driving crashes can even result in fatalities.

The financial impact of a drunk driving accident can also be significant. Medical bills can quickly accumulate, including costs for emergency transportation, hospital stays, surgeries, medications, rehabilitation, and ongoing therapy. Victims may also experience a loss of income due to their injuries, as well as damage to their vehicle and personal property.

Holding Drunk Drivers Accountable through Injury Claims

If you've been injured in a drunk driving accident, you have the right to hold the responsible party accountable for their actions. Filing a personal injury claim can help you recover financial compensation for your medical expenses, lost wages, pain and suffering, and other damages.

When pursuing an injury claim, you must establish negligence. This means proving that the drunk driver breached their duty of care by getting behind the wheel while intoxicated, and that their actions directly caused your injuries. This process can be more complicated than you might imagine, requiring gathering evidence, interviewing witnesses, and navigating the legal system. That's where a skilled Montgomery car accident attorney can make all the difference.

How a Montgomery Car Accident Lawyer Can Help

Navigating the legal process after a drunk driving accident can be overwhelming, especially when you're dealing with injuries and emotional distress. Hiring a knowledgeable and experienced Montgomery car accident lawyer can provide you with the guidance, support, and representation needed to seek the best possible outcome for your case.

An experienced attorney will conduct a thorough investigation into the accident, gathering evidence such as police reports, witness statements, medical records, and any available surveillance footage. They will calculate the full extent of your losses, including current and future medical expenses, lost wages, and pain and suffering, to ensure you receive fair and just compensation.

Additionally, a skilled attorney will handle all communication and negotiation with insurance companies on your behalf. Insurance companies may try to undervalue or deny your claim, but an attorney will fight to protect your rights and ensure that you are not taken advantage of during this challenging time.

Contact Our Montgomery Car Accident Attorney Today

If you've been injured in a drunk driving accident in Montgomery, Alabama, don't face the legal process alone. Contact the Law Office of Richard F. Matthews, Jr. to consult with a knowledgeable and experienced Montgomery car accident attorney. We understand the complexities of personal injury claims and will work tirelessly to protect your rights and seek the justice and compensation you deserve. Contact us today for a free consultation.

Defending Drug Possession Charges in Alabama

Fri, 08 Dec 2023 01:51:16 GMT

Effective Strategies for Defending Against Drug Possession Charges in Alabama

Drug possession offenses can have serious penalties in Alabama, and you should always take charges seriously. Your first course of action should always be to consult a Montgomery criminal defense lawyer from The Law Office Of Richard F. Matthews, Jr., LLC.

Defending against drug possession charges in Alabama requires a strategic and comprehensive approach. Below are only some examples of effective strategies that a skilled defense attorney may employ to build a strong defense, depending on your situation.

Illegal search and seizure

Challenging the legality of the search that led to the discovery of drugs is a common defense approach. If law enforcement violated Fourth Amendment rights, evidence may be deemed inadmissible.

Lack of Possession

Asserting that the accused did not have actual or constructive possession of the drugs can be a successful defense. This could involve demonstrating that the drugs were not found on their person or within their control.

Unwitting Possession

This argues that the accused was unaware of the presence of drugs, and it is common in cases where individuals share vehicles or belongings.

Challenging Lab Results

We can contest the accuracy of drug testing results. Issues with the handling, storage, or testing process can cast doubt on the reliability of the evidence.

Chain of Custody Issues

We commonly raise concerns about the proper handling and documentation of the seized drugs from the time of discovery to the presentation as evidence.

Suppression of Statements

Seeking to suppress any statements made by the accused, especially if obtained without the proper Miranda warnings or under coercive circumstances, can often help get charges dismissed.

Mistaken Identity

You can present evidence suggesting that the accused was misidentified as the possessor of the drugs, highlighting flaws in witness testimony or police procedures.

Entrapment

Arguing that law enforcement induced the accused to commit the crime, leading to a defense of entrapment, can sometimes get charges dropped.

Illegal Traffic Stop

If the drugs were discovered during a traffic stop, challenge the legality of the stop itself. If it was without reasonable suspicion, any evidence obtained may be suppressed.

Medical Necessity Defense

In cases involving prescription drugs, assert that the accused had a valid prescription or that the possession was for legitimate medical reasons.

Constructive Possession Defenses

Dispute the prosecution's argument of constructive possession by demonstrating that others had equal or more access to the area where the drugs were found.

Diversion Programs

We can explore alternative resolutions, such as drug diversion programs, that focus on rehabilitation rather than incarceration.

Consult a Montgomery Criminal Defense Lawyer Immediately

Navigating drug possession charges demands a tailored defense strategy based on the unique circumstances of each case. Consulting with an experienced criminal defense attorney in Montgomery is crucial to identifying the most effective strategies and building a robust defense aimed at achieving the best possible outcome.

Contact The Law Office Of Richard F. Matthews, Jr., LLC , today to set up your consultation. We can answer your questions and advise you what to expect in your case.

Overview of the Criminal Trial Process in Montgomery: What to Expect

Fri, 08 Dec 2023 01:43:50 GMT

The Criminal Trial Process in Montgomery: An Overview

When you face state-level criminal charges in the Montgomery area, your case will go through a specific process in court. You should never navigate this process alone, and instead immediately seek representation from a Montgomery criminal defense lawyer at The Law Office Of Richard F. Matthews, Jr., LLC.

What to Expect From the Criminal Process

The criminal trial process in Alabama follows a structured series of procedures and steps , ensuring a fair and impartial examination of the charges. Here is an overview of what individuals can expect during a criminal trial in Montgomery.

Arrest and Booking

The process typically begins with the arrest of a suspect. After arrest, the individual is booked, and personal information is recorded.

Initial Appearance

The arrested person is brought before a judge for an initial appearance. The charges are explained, and the judge decides on bail.

Grand Jury or Preliminary Hearing

For felony cases, the prosecution may present evidence to a grand jury to secure an indictment. Alternatively, a preliminary hearing may be held to determine if there's enough evidence for the case to proceed.

Arraignment

The defendant is informed of the charges during the arraignment. They enter a plea of guilty, not guilty, or no contest.

Discovery

Both the prosecution and defense exchange information about their respective cases, including evidence and witness lists.

Pre-Trial Motions

Attorneys may file motions to suppress evidence, dismiss charges, or address legal issues before the trial begins.

Plea Negotiations

At all stages of the criminal case, there will also be discussions of a plea offer from the State of Alabama. A criminal defense attorney must provide all offers to their client regarding a plea agreement.

Jury Selection

A pool of potential jurors is selected, and attorneys from both sides question them to form an impartial jury.

Opening Statements and Presentation of Evidence

Attorneys present opening statements outlining their case's key points. The prosecution and defense present their evidence, including witness testimonies, documents, and exhibits.

Cross-Examination and Closing Arguments

Attorneys question each other's witnesses to challenge their credibility or version of events. Both sides summarize their cases and argue their points to the jury.

Jury Instructions and Deliberations

The judge provides instructions to the jury, explaining the law they must apply to the case. The jury retires to deliberate and reach a verdict.

Verdict and Sentencing

The jury announces the verdict, finding the defendant either guilty or not guilty. If the defendant is found guilty, a separate sentencing hearing is held to determine the appropriate punishment.

Appeals

The convicted person may choose to appeal the verdict or sentence, initiating a separate legal process.

Understanding the criminal trial process is crucial for individuals involved in such cases. Consulting with an experienced criminal defense attorney in Montgomery ensures proper guidance through each stage, protecting the individual's rights and advocating for a fair trial.

Discuss Your Case with a Montgomery Criminal Defense Attorney

Facing the criminal process without a skilled defense attorney is a risk that can jeopardize your rights and future. Our seasoned defense attorney brings experience, knowledge of the law, and the ability to navigate complex legal proceedings. We provide crucial guidance, challenge evidence, protect against rights violations, and work towards the best possible outcome.

Entrusting your defense to a skilled attorney from The Law Office Of Richard F. Matthews, Jr., LLC, is essential to ensure a fair and thorough representation throughout the criminal justice process. Contact us for more information today.

Federal vs State Charges: Key Differences for Defendants

Thu, 09 Nov 2023 18:54:13 GMT

Federal vs. State Criminal Charges: Important Distinctions for Defendants in Montgomery

Most people are aware that the local police can arrest you on suspicion of a crime, and the Montgomery County District Attorney’s office can issue criminal charges in state court under Alabama law . However, did you know that federal authorities can also investigate crimes, leading to arrests and charges under federal criminal laws ?

For defendants facing criminal charges, understanding the distinctions between federal and state charges is crucial. These two legal systems have significant differences that can greatly impact the course and outcome of a case.

You need to consult a Montgomery criminal defense lawyer who handles state and federal charges for reliable representation.

Federal Charges vs. State Charges

Below are only some of the key differences between federal and state criminal cases. Speak to our firm about the aspects of your specific case.

Jurisdiction

Federal charges are brought by federal agencies and are tried in federal courts. They involve alleged violations of federal laws, such as drug trafficking, immigration offenses, and certain white-collar crimes.

State charges are brought by state or local law enforcement agencies and are tried in state courts. They involve alleged violations of state laws, such as assault, theft, and drug possession.

Investigation and Prosecution

Federal agencies like the FBI, DEA, and ATF typically handle investigations. Cases are prosecuted by United States Attorneys who represent the federal government.

On the state level, either state or local police agencies conduct investigations, and cases are prosecuted by district or county attorneys who represent the state.

Penalties

Federal convictions often carry more severe penalties, including longer prison sentences and heavier fines, compared to state convictions for similar offenses. Federal cases follow specific sentencing guidelines that judges use to determine penalties. These guidelines can limit a judge's discretion in sentencing.

State convictions can lead to imprisonment, fines, probation, or community service, but the penalties are typically less severe than those in federal cases. However, never underestimate how state-level penalties can affect your life.

Complexity

Federal cases tend to be more complex due to the extensive resources available for investigation and the specialized knowledge required in areas like immigration law or federal regulations.

State cases often have simpler procedures compared to federal cases. They may move through the legal system more quickly. However, never assume these are “simple” matters, as state criminal cases are also complex and have potentially serious consequences.

Whether you are facing charges on the state or federal level, immediately seek the defense representation necessary to protect your future.

Always Find the Right Montgomery Criminal Defense Attorney for Your Case

Navigating the legal system in Montgomery , especially when facing criminal charges, requires help from a legal professional with a deep understanding of both federal and state laws. Consulting with an experienced criminal defense attorney who is well-versed in the state or federal system where your charges are filed is necessary to protect yourself.

In Montgomery, the Law Office of Richard F. Matthews, Jr. is ready to help in either state or federal criminal court. Contact our office to discuss your case today.

Understanding the Role of Criminal Defense Attorneys in Montgomery, Alabama

Thu, 09 Nov 2023 18:47:08 GMT

Understanding the Role of Criminal Defense Attorneys in Montgomery, Alabama

Getting arrested and facing criminal charges is a highly stressful situation with a lot at stake. Your finances and future may be on the line, and you should do everything possible to protect yourself. Your first step after an arrest should be to consult a trusted Montgomery criminal defense lawyer .

How Criminal Defense Attorneys Assist Defendants

Criminal defense attorneys in Montgomery, Alabama, play a critical role in safeguarding the rights of people accused of committing crimes. Our responsibilities extend far beyond the courtroom, and below are some aspects of our role in the criminal process.

Legal Experience and Guidance

Criminal defense attorneys should have in-depth knowledge of Alabama's criminal laws and procedures . We use our experience to provide valuable advice to clients, ensuring they understand their rights and the potential consequences they face. Simply having a better idea of what to expect can provide some peace of mind for many defendants.

Case Assessment and Strategy

Defense attorneys meticulously analyze the details of each case. We scrutinize the prosecutor’s evidence, evaluate witness accounts, and assess law enforcement procedures. Based on this analysis, we formulate a strategic defense tailored to the client's specific situation.

Protecting Your Constitutional Rights

As criminal defense attorneys, we are staunch advocates for our clients' constitutional rights, including the right to a fair trial, protection from self-incrimination , and the right to legal representation. We work tirelessly to prevent any violations of these fundamental rights. If law enforcement violated your rights during or after your arrest, we can raise these issues with the court to aid in your defense.

Negotiating Plea Bargains

In some cases, negotiating a plea bargain may be in the best interest of the accused. Defense attorneys leverage their negotiation skills to secure favorable terms, potentially reducing charges or penalties.

Pretrial Motions and Proceedings

Attorneys file motions to challenge evidence, seek dismissals, or request specific legal actions. These pretrial motions can significantly impact the outcome of a case.

Trial Representation

If a case goes to trial, defense attorneys serve as dedicated advocates for their clients. They present evidence, cross-examine witnesses, and make persuasive arguments to defend their client's innocence.

Throughout the legal process, criminal defense attorneys should maintain open lines of communication with their clients. They provide practical and emotional support, explain legal proceedings, and keep their clients informed about the progress of their cases.

Never Wait to Seek Assistance from a Montgomery Criminal Defense Lawyer

In Montgomery, Alabama , a skilled criminal defense attorney is an invaluable ally if you are facing criminal charges. At the Law Office of Richard F. Matthews, Jr. , our team works tirelessly to uphold your rights and provide a strong defense, minimizing or eliminating the consequences whenever possible.

Knowing you have a dedicated legal professional on your side can provide immediate relief. Then, you will never have to wonder about the status of your case or what to expect. We review and weigh all your options with you, so you can make informed decisions on how to proceed.

Contact our firm today for more information.

Tips for Choosing the Right Workers' Compensation Attorney in Alabama

Mon, 23 Oct 2023 19:11:44 GMT

Tips for Choosing the Right Workers' Compensation Attorney in Alabama

Many injured workers in Alabama face obstacles when seeking their rightful workers’ compensation benefits. If you are in this position, you can benefit greatly from legal representation. However, you want the right legal representation for your situation and claim.

Selecting the right workers' compensation attorney in Alabama is paramount for ensuring your rights are protected and you receive the benefits you deserve after a workplace injury. Below are some crucial tips to consider when beginning your search for the right lawyer. Never hesitate to reach out to Alabama workers’ compensation lawyer Matt Matthews for a free consultation and to discuss your specific situation.

Experience and Knowledge

Look for an attorney with extensive experience in handling workers' compensation cases in Alabama. They should be well-versed in the state's specific laws and regulations governing workplace injuries. Choose an attorney who regularly handles workers' compensation claims and who will be aware of new development in laws and claim processes in Alabama .

Workers' compensation cases often involve complex medical issues. An attorney with a solid understanding of medical terminology and the ability to work with medical professionals is invaluable. They should also have experience with both initial insurance negotiations and with appeals of claim denials, so they can help with every stage of your case when necessary.

Reputation and Track Record

Research an attorney's reputation within the legal community and among previous clients. Look for reviews, testimonials, or case results that demonstrate their competence and success in handling workers' compensation claims. Attorneys should be willing to provide you with references, testimonials, and related case results when requested.

Accessibility and Communication

A responsive attorney who communicates clearly and promptly is crucial. You should feel comfortable asking questions and receiving updates about the progress of your case.

Free Consultations and Fees

Many reputable workers' compensation attorneys offer free initial consultations. Use this opportunity to discuss your case, evaluate the attorney's approach, and determine if they are a good fit for your needs.

Most workers' compensation attorneys work on a contingency fee basis , meaning they only collect a percentage of the benefits they secure for you. This ensures you won't have to pay upfront fees. Money should not stand in the way of trusted legal representation following a work injury. Alabama workers’ compensation lawyer Matt Matthews offers free initial consultations as well as no fee is owed unless he recovers benefits in your favor and then you pay his fees out of the settlement or proceeds of the case.

Other Considerations

A good attorney should prioritize your well-being and best interests. They should be compassionate, empathetic, and genuinely dedicated to helping you recover the compensation you deserve. Ultimately, trust your gut feeling about whether an attorney is the right fit for you. You should feel comfortable, confident, and assured in their ability to handle your case.

Look No Further For the Right Alabama Workers’ Compensation Lawyer

Choosing the right workers' compensation attorney can make a significant difference in the outcome of your case. When you meet with the Law Office of Richard F. Matthews, Jr., you will consult with an attorney who you can trust to advocate for your rights and work diligently to secure the benefits you deserve after a workplace injury.

Pre-Existing Conditions & Workers' Comp Claims in Alabama

Mon, 23 Oct 2023 19:02:52 GMT

How Pre-Existing Conditions Impact Workers' Compensation Claims in Alabama

In Alabama, pre-existing medical conditions can significantly impact workers' compensation claims. A pre-existing condition is an injury or illness you had previously been diagnosed with before your current work injury or illness. Some examples include prior back injuries, herniated discs, arthritis, asthma, and soft tissue injuries.

If you have a pre-existing condition and have yet to pursue a new workers’ compensation claim, an Alabama workers’ compensation attorney can help to gather evidence to support your initial claim. If you have already filed a workers’ comp claim and received a denial or inadequate benefits due to pre-existing conditions, you should immediately seek assistance from trusted attorney Matt Matthews .

Insurance Companies Can Deny Workers' Comp Claims Due to Pre-existing Conditions

Workers’ compensation benefits in Alabama come from your employer’s insurance provider, and the insurer must approve your claim for benefits before you receive funds. Unfortunately for injured workers, many insurance companies deny or limit benefits whenever possible.

Insurance companies often deny workers' compensation claims if a pre-existing condition is deemed a significant contributing factor to your current injury. This is a complex and contentious issue in workers' compensation cases. The insurance company may argue that your pre-existing condition, rather than the workplace incident, is primarily responsible for your disability, need for treatment, and inability to work.

To contest such denials, it's crucial to seek legal representation. A skilled workers' compensation attorney can build a compelling case, gather evidence, and challenge the insurance company's assessment. Your lawyer may use medical records, expert opinions, and other documentation to demonstrate that the workplace injury aggravated or worsened the pre-existing condition, making it a compensable claim.

Even if a pre-existing condition is a factor, it doesn't necessarily mean the claim will be denied. Alabama law acknowledges that aggravation of a pre-existing condition by a workplace injury can still warrant workers' compensation benefits. The key is establishing a clear and direct link between the work-related incident and the exacerbation of the pre-existing condition.

Aggravation of Pre-Existing Conditions

If a work-related injury exacerbates a pre-existing condition, your attorney can fight for workers' compensation benefits to cover the exacerbated part of your condition. For example, if an employee with a prior back injury experiences a worsened condition due to a workplace incident, they may be eligible for compensation.

If you need additional medical treatment or time off work you otherwise would not have needed, you should receive benefits. However, you must prove that the aggravation stemmed from your work activities; the mere fact that your condition was aggravated at work is not enough on its own.

An Alabama Workers’ Compensation Attorney Can Help With Your Claim

Navigating the legal complexities of workers' compensation claims involving pre-existing conditions requires a thorough understanding of Alabama's specific laws, regulations, and insurance processes. By consulting with our experienced workers' compensation attorney from the Law Office of Richard F. Matthews, Jr., you can ensure your rights to proper benefits are protected. Contact us today to discuss your situation and options for free.

Alabama Workers' Compensation Claim Requirements

Wed, 06 Sep 2023 18:41:41 GMT

Key Requirements for Filing a Successful Workers' Compensation Claim in Alabama

Filing a successful workers' compensation claim in Alabama is essential if you've been injured on the job and need financial assistance and medical care. However, there are specific requirements and steps you must follow to ensure your claim is accepted and processed correctly.

Below are the key requirements for filing a successful workers' compensation claim in Alabama. If you need to file a claim, consult with a Montgomery workers’ comp attorney as soon as possible.

Employment Status

To be eligible for workers' compensation benefits in Alabama, you must be an employee. Independent contractors and certain other categories of workers may not be covered. Your employment status must also be determined to be legal. An experienced workers’ compensation attorney can assist in evaluating if you are considered an employee or an independent contractor for purposes of workers’ compensation benefits.

Job-Related Injury or Illness

You must have suffered an injury or developed an occupational illness while performing your job duties. This injury or illness should have occurred as a direct result of your work-related activities.

Timely Reporting

It's crucial to report your work-related injury or illness to your employer as soon as possible and not later than 5 days of an injury or accident. Delays in reporting can potentially affect your claim's eligibility. If you waited to report the injury, discuss the matter with a workers’ compensation attorney who can determine how to proceed with a successful claim.

Medical Treatment

Seek immediate medical attention for your injury or illness. You should see an authorized medical provider as provided for by your employer who participates in the workers' compensation system. Inform the medical professional that your injury is work-related.

Documentation and Evidence

Maintain records of all medical treatment and expenses related to your injury or illness. This documentation will be critical in substantiating your claim. This may include medical reports, bills, and prescriptions. Further, your employer should prepare a First Report of Injury documenting the information about the injury date and other necessary details.

Filing Deadlines

Workers' compensation claims in Alabama have specific deadlines. You must file your claim with the courts within two years of the date of the injury (or within 2 years of a temporary total disability payment if an authorized workers’ compensation doctor takes you off work to recuperate or for treatment for example) to ensure you can receive the benefits you need.

Discuss Your Claim an Attorney

Workers' compensation benefits can cover medical expenses, wage replacement, and vocational rehabilitation, ensuring you receive the necessary support during your recovery from a work-related injury or illness.

It's essential to adhere to these requirements meticulously when filing a workers' compensation claim in Alabama, and your attorney can ensure you follow all necessary procedures. Failure to meet any of these requirements could result in delays, denials, or reduced benefits.

Fortunately, you can focus on your medical treatment and physical recovery while your lawyer handles the claim process. If you already filed a claim and hit any roadblocks, delays, or denials, the right legal help can often get your claim back on the right track.

Seek Representation from a Montgomery Workers’ Compensation Attorney

The Law Office of Richard F. Matthews, Jr., LLC, handles workers’ compensation claims for injured clients in the Montgomery area. Contact our firm to discuss your job-related injuries and how you can obtain the benefits you need for financial support.

Understanding The Role of Fault in Car Accident Cases in Alabama

Wed, 06 Sep 2023 18:38:35 GMT

Understanding The Role of Fault in Car Accident Cases in Alabama

Alabama is a fault-based state for car accidents. This means when a crash occurs, the driver who was to blame should cover the losses of injured victims through their auto insurance. Insurance companies will not simply take your word that their policyholder caused your accident, however. Instead, you must present evidence of fault in order to obtain compensation for your accident-related losses.

Determining and proving fault for your crash and injuries is complicated, and insurance companies will not do you any favors. Fortunately, you can hire an experienced Montgomery car accident attorney who will handle this entire process for you.

Who is At Fault?

In car accident cases, fault is generally based on negligence. A driver is negligent when they fail to drive with the safety and care of a reasonable driver, leading to injuries. Some examples of driver negligence that can lead to fault include:

Distracted driving
Drunk or drugged driving
Speeding
Aggressive driving
Failure to yield

In addition, other parties might share fault for a car accident besides a driver. These include:

Car manufacturers if an accident happens due to a vehicle defect
Government entities or construction crews if the crash was due to road hazards
Employers if a driver was on the job when they caused the crash

Determining fault can be more complex than you imagine, and you must identify the proper liable parties for a successful claim. Leave this determination to your attorney who has the resources to investigate your circumstances and identify where you need to file your injury claims.

Evidence to Prove Fault

Proving fault for a car accident relies on gathering compelling evidence that demonstrates who was responsible for the collision. Your attorney can present persuasive evidence, including:

Police Reports: Official accident reports prepared by law enforcement officers often include their assessment of fault based on witness statements, physical evidence, and traffic laws.
Eyewitness Testimony: Statements from individuals who witnessed the accident can provide crucial firsthand accounts of how the collision occurred.
Photographs and Videos: Visual evidence, such as photographs of the accident scene, vehicle damage, skid marks, and traffic signals, can offer objective documentation of the conditions at the time of the accident.
Traffic Laws and Violations: Any violations of traffic laws, such as running a stop sign or speeding, can strongly indicate fault. The citation issued by the police officer can serve as evidence.
Expert Opinions: Accident reconstruction experts can analyze the available evidence to provide expert opinions on how the accident unfolded and who was at fault.
Driver Statements: Statements made by the involved drivers at the scene or to their insurance companies can be considered as evidence, though they should be used with caution, as they may be subject to interpretation and potential contradictions.
Surveillance Footage: If surveillance cameras in the vicinity captured the accident, this footage can provide irrefutable evidence of the events leading up to the collision.

A Montgomery Car Accident Lawyer Ready to Help

Collecting and presenting evidence of fault is necessary to obtain the compensation you need from the liable party or parties. Discuss your situation with a car accident attorney as soon as possible, so they can begin investigating fault. Contact The Law Office of Richard F. Matthews, Jr . for more information today.

Montgomery Car Accidents: Common Injuries and How to Protect Your Rights

Wed, 23 Aug 2023 14:30:10 GMT

Montgomery Car Accidents: Common Injuries and How to Protect Your Rights

Car accidents can result in serious injuries and losses for many victims in the Montgomery area . To protect your rights, you should always seek medical help and begin treatment immediately after an injury. Then, you should speak with a Montgomery car accident lawyer at the Law Office of Richard F. Matthews, Jr. about your legal options.

Common Car Accident Injuries

Any car accident injuries might lead to an injury claim. The following are some common injuries our firm sees among victims:

Traumatic brain injuries
Lacerations and bruises
Joint dislocations
Spinal injuries
Neck and back injuries
Broken bones and fractures
Soft tissue injuries
Internal injuries

Getting medical attention should be your priority after a crash. Some injuries are apparent, while others manifest symptoms after hours, days, or even weeks. You should seek medical care as soon as you notice any possible signs of injuries. Having a prompt diagnosis can help your physical health and your legal claim.

How Can You Protect Your Rights After A Car Accident?

Seeking a legal case evaluation is the best way to know and protect your rights as an injury victim. After a car accident, navigating the legal aftermath can be overwhelming, especially when dealing with injuries, property damage, and insurance companies. Hiring a skilled lawyer can play a vital role in protecting your rights and ensuring you receive the compensation you deserve.

Here are some ways a lawyer can help:

Legal experience - A lawyer with experience in personal injury and car accident cases possesses in-depth knowledge of relevant laws and regulations. We can interpret the complex legal jargon, assess your case's merits, and provide guidance on the best course of action.
Investigation - We conduct thorough investigations to gather evidence, including accident reports, witness statements, medical records, and expert opinions. This critical information helps establish liability and strengthens your case.
Negotiation - Dealing with insurance companies can be arduous, as their primary goal is to minimize payouts. We can handle negotiations on your behalf, ensuring you don't settle for less than what you deserve.
Calculating damages - We can accurately assess the total damages you've incurred, including medical expenses, lost wages, property damage, pain, and suffering. This calculation is essential to claim fair compensation.
Court representation - If negotiations with the insurance company fail to yield satisfactory results, your lawyer can represent you in court. Our courtroom experience enables us to present your case effectively, increasing your chances of success. We will safeguard your legal rights throughout the entire process, preventing any unfair treatment or intimidation from the opposing party.
Peace of mind - Engaging a lawyer alleviates stress, allowing you to focus on your recovery while we handle the legal complexities.

Speak With A Montgomery Car Accident Attorney Today To Discuss Your Case

At the Law Office of Richard F. Matthews, Jr., we know how to advise you and safeguard your rights after a car accident. We are dedicated to steering your claim in the right direction and seeking the compensation you deserve. Reach out to our law firm today, either by phone at 334-398-8408 or by contacting us here .

Tips for Handling Car Accident Insurance Claims in Montgomery

Wed, 23 Aug 2023 14:20:58 GMT

Tips for Handling Car Accident Insurance Claims in Montgomery

At the Law Office of Richard F. Matthews, Jr. , we understand that the aftermath of an accident can be costly and confusing. It can be difficult to know what to do next, but we are here to be your trusted guides through the insurance process.

While the following are some tips to navigate the car accident claim process, you should never wait to consult with our legal team directly so we can evaluate your options.

Three Tips For Handling Car Accident Insurance Claims

There are many things you should do or not do following a crash in Montgomery to protect your legal claim. Here are three of these tips, and we can provide more specific advice once we assess your circumstances.

Get Medical Proper Treatment for Your Injuries

You should get a medical evaluation and a diagnosis of all your injuries right away after a car accident. This helps your physical condition and documents your injuries to prove the compensation you deserve in your legal claim. You should then keep up with all treatment recommendations for the best chance of recovery and to demonstrate you are taking your injuries seriously.

Have a Car Accident Lawyer Handle all Insurance Communications

To safeguard your car accident claim, let a skilled attorney handle insurance conversations on your behalf. Insurance adjusters can use any statements you make against your claim, and it is easier than you imagine to say the wrong thing. Do not give them recorded statements or provide details about your injuries. Instead, allow a legal professional to handle these communications. If an insurer contacts you, politely inform them that you are hiring a lawyer who will handle your claim.

Don't Accept A Settlement Offer Without Legal Advice

Insurance companies might make a settlement offer much sooner than you expect. While this might seem like a blessing, you should never accept anything without a lawyer’s review. Insurance companies hope that accident victims will accept an initial offer to get funds as soon as possible.

Often, claimants do not know all their losses early in the process, and they might not know they have the ability to negotiate a higher amount. This can result in accepting a settlement that is far less than you deserve. You won’t have the opportunity to seek more compensation, so never accept anything without a lawyer advising it is a favorable offer.

Get In Touch With A Montgomery Attorney Today To Discuss Your Auto Accident Insurance Claim

These are only three tips to help you successfully approach the auto accident insurance claim process. It's in your best interest to seek advice from a Montgomery car accident attorney for the assistance you need.

At the Law Office of Richard F. Matthews, Jr., we are adept at handling insurance claim negotiations. Unlike insurers, we’re on your side and can help you obtain the compensation you deserve. If insurance companies will not cooperate, we can pursue litigation on your behalf. Get in touch with us here to set up your no-cost, no-obligation consultation.

Charges for Drug Possession in Pike Road, AL

Tue, 15 Aug 2023 12:00:07 GMT

Charges for Drug Possession in Pike Road, AL

In many states across the U.S., drug laws are becoming more relaxed, but Alabama is not one of these states. Alabama still has strict laws surrounding unlawful drug possession, and anyone facing drug charges can face harsh penalties if convicted.

If you have recently been arrested and face drug charges in Pike Road, Alabama, immediately consult an experienced drug crime defense attorney. The Law Office of Richard F. Matthews, Jr., can help you build a strong defense to obtain the most favorable outcome possible. We'll do everything we can to ensure a drug possession charge doesn't severely impact your life.

What Are The Charges For Drug Possession In Alabama?

Even though there are more severe drug charges possible, you should still always take drug possession charges seriously. In Pike Road, Alabama, the charges and possible penalties for drug possession vary depending on many factors, like the type and quantity of the drug you allegedly had in your possession.

The following are some examples of charges you might face:

Simple Possession: If you are accused of being in possession of a controlled substance for personal use, you may be charged with simple possession. Note that the severity of the matter depends on the type of drug you possessed and the quantity. For example, if you were in possession of a small amount of marijuana for personal use, it might be a misdemeanor offense. Possession of substances like cocaine or heroin can be felony charges.
Possession with Intent to Distribute: Should the police suspect that you intended to distribute or sell a controlled substance, the charges can be far more severe. This offense is a felony and carries harsher penalties compared to simple possession.
Possession of Drug Paraphernalia: In many instances, the possession of drug paraphernalia can lead to separate criminal charges. Paraphernalia includes items used for drug consumption or distribution, such as pipes, syringes, or scales. If you've been caught possessing drug paraphernalia, you should note it is generally a misdemeanor offense.
Enhanced Penalties: The penalties for drug possession can be enhanced if there are aggravating factors present. For example, these factors may include possessing drugs within a certain distance of a school or public park. It can also include possessing drugs in the presence of a minor or having prior drug-related convictions. These enhancements can lead to you facing longer prison sentences and higher fines.

Charges for drug possession in Pike Road, Alabama, can vary. However, regardless of the charges you're facing, always consult with a legal professional who is familiar with Alabama's drug laws. A lawyer can give you a more accurate understanding of what you might expect and your defense options.

Speak With A Pike Road, Alabama, Criminal Defense Attorney Today To Discuss Your Case

If you're facing drug possession charges in Pike Road, Alabama, it is crucial to seek the guidance of an attorney who defends against drug-related cases. Speaking with an attorney who handles drug case resulting from an arrest in Pike Road will allow you to discuss the specifics of your case.

At the Law Office of F. Matthews, Jr., we can provide invaluable support, navigate the complex criminal justice process on your behalf, and work tirelessly to protect your interests. So contact us today and let us help you with your drug possession charges.

Charges for Drug Possession in Holtville, AL

Tue, 01 Aug 2023 12:00:11 GMT

Charges for Drug Possession in Holtville, AL

According to drug abuse statistics , it's believed that 1.16 million Americans are arrested for the sale, possession, or manufacture of illegal substances annually. Drug possession charges in Alabama can be severe, and the consequences are life-changing, which is why it's best to speak with a criminal defense attorney if you're facing drug possession charges in Holtville, Alabama.

The Law Office of Richard F. Matthews, Jr. regularly defends clients facing different drug-related charges. Contact us now to learn how we can help protect your future.

What Are Possible Charges For Drug Possession In Holtville, Alabama?

In Holtville, the charges and penalties for drug possession depend on different factors, including the type and quantity of drugs involved, whether you have prior convictions, and other circumstances specific to your case.

Here are some of the common drug possession charges in Alabama:

Simple Possession: Possessing a controlled substance for personal use without the intent to distribute is referred to as simple possession. In Alabama, simple possession can be a misdemeanor or felony, depending on the substance in question. The potential penalties may include fines, probation, drug education programs, and possible jail time.
Possession with Intent to Distribute: If you're found with drugs and evidence suggests an intention to sell, distribute, or traffic them, you can be charged with possession with intent to distribute. This offense is a felony and carries more severe penalties, including extended imprisonment. The specific penalties depend on the type and quantity of drugs, but they can include substantial fines and lengthy prison sentences.
Aggravated Possession: Certain aggravating factors can increase charges and penalties for drug possession in Holtville. These factors may include possessing drugs near schools, possessing drugs in the presence of minors, or having previous drug-related convictions. Like possession with intent to distribute charges, enhanced charges can result in increased fines and longer prison sentences.

What Is The Penalty for Unlawful Possession of Schedule I to V Drugs?

With the exception of marijuana and salvia divinorum possession, the unlawful possession of a Schedule I, II, III, IV, or V controlled substance in Holtville, Alabama, is classified as a class D felony. Being convicted of a class D felony in this state entails a minimum prison sentence of one year and a day, with a maximum term of five years. Additionally, individuals may face fines of up to $7,500 as part of their penalty.

Contact an Attorney that represents persons in Holtville, Alabama, Today To Discuss Your Drug Possession Case

Why do you need a defense attorney if you have been charged with drug possession? Because drug possession charges can have costly effects on your freedom, finances, and entire future. The stakes are too high to face the case alone.

If you are facing drug possession charges in Holtville, Alabama, it is essential to contact an experienced attorney as soon as possible. Consulting with a criminal defense attorney that handles criminal drugs cases from Holtville at the Law Office of Richard F. Matthews, Jr. will allow you to discuss the specifics of your case.

Please don’t wait to contact our firm here , and we'll be in touch to help you.

Injury Risks in Millbrook, AL

Sat, 15 Jul 2023 12:45:09 GMT

Injury Risks in Millbrook, AL

It is vital to know that each year, around 4.9 million claims for workers' compensation are made by employees as a result of injuries sustained at work. While injuries can occur in every job, specific sectors are more vulnerable.

According to data from the Bureau of Labor Statistics (BLS) , the leading industry sectors for injury risks include construction, logging, mining, agriculture, warehousing and transportation, manufacturing, and government workers.

Yet, work injuries can occur in any industry in Millbrook, Alabama, and you should consider speaking with a workers’ compensation lawyer if you suffered injuries and need to seek compensation.

Working with an experienced workers' compensation attorney at the Alabama Law Office of Richard F. Matthews Jr. can help your chances of collecting proper benefits. We help workers with a wide range of injuries.

What Industries Have The Most Risk Of Injuries?

Three primary sectors in the U.S. are particularly vulnerable to worker injuries. These sectors are listed below; if you work in one or more of these fields and have been injured, our firm can provide you with the required assistance.

Construction

The BLS reported that the building and construction industry has the most risk of injuries. Office building construction, road construction, landscaping, bridge construction, and housing development are just a few jobs that construction employees work on that leave them open to injuries. Risks include falls, equipment accidents, vehicle accidents, electrocution, and more.

Logging And Forestry

The forestry business has an estimated fatality rate of 111 per 100,000 workers. Coming into contact with machinery or items is one of the most prevalent causes of fatalities and injuries. Most workers spend almost all their time outdoors, in the forest or similar secluded regions. Logs and fallen trees are handled with heavy equipment. All of this leads to hazardous working circumstances that often cause a range of minor to major injuries.

Mining

Despite advancements in the modern age, mining still poses some risks. Personnel in this field face dangers such as floods, cave-ins, jagged stones, and other dangerous work environments.

Furthermore, miners are exposed to harmful compounds such as radon and mercury, which may lead to serious health problems. These health effects can be severe and long-lasting, showing that working within the mining sector necessitates extreme vigilance and safety precautions.

Unfortunately, many mining companies ignore the long-term repercussions of their activities and fail to provide adequate safety equipment to their employees. Such equipment includes ear plugs, ventilatory devices, and breathing apparatuses. Such oversights lead to numerous injuries each year.

Contact A Millbrook, Alabama Attorney Today To Discuss Your Workplace Injuries

Working in an occupation with elevated risks increases the likelihood of an injury or accident. However, injuries and accidents might occur regardless of whether you work in one of the industries with the most significant risk. When you are injured at work, you must act swiftly and notify your supervisor of your injuries immediately (or as soon as it can be safely done) and contact our law firm for assistance.

The Law Office of Richard F. Matthews Jr. will work to safeguard your rights while getting you the workers’ compensation you deserve. If you require assistance, don't hesitate to contact our, law firm today.

Financial Compensation for a Wetumpka Wrongful Death Claim

Sat, 01 Jul 2023 12:57:09 GMT

Financial Compensation for a Wetumpka Wrongful Death Claim

If you've lost a loved one due to an unsafe product, drug, traffic crash, fall, or another type of accident, a wrongful death attorney from Alabama can help you file a case on behalf of your loved one’s estate against the responsible party.

However, you should know that in Alabama, the estate must file the personal injury case, not the person's family members. The proceeds of the case then get distributed to the proper beneficiaries. An attorney from the Law Office of Richard F. Matthews Jr. can advise you of your rights following a wrongful death and the process of seeking compensation.

Wrongful Death Compensation in Alabama: Punitive Damages

In most states, the objective of awarding wrongful death damages is to compensate survivors for the emotional and financial losses they have incurred due to their loved one's death. In those states, you would add up your financial expenses from the death and value your intangible losses to determine the proper compensation.

Alabama is unique because the law only grants punitive damages in wrongful death cases , regardless of the specific losses a family incurred due to the death of their loved one. Punitive damages aim to punish a perpetrator for their conduct and deter future wrongdoing. They aren't based on a claimant's monetary or emotional losses.

Many people believe that the law only allowing punitive damages is harmful to families, as they might not receive enough compensation to cover their actual losses. Fortunately, Alabama's punitive damages cap of $1.5 million does not apply to wrongful death claims. This is because such cases are subject to different laws that exclude personal injury-related cases causing a fatality. However, families still need to fight to receive enough compensation to serve justice for their tragic loss.

Ensuring you receive maximum compensation in a wrongful death claim is challenging without the right legal help. You need an experienced attorney to demonstrate the wrongdoing of the liable parties and support your demand for punitive damages to the court.

Don’t Wait to Speak With A Wrongful Death Attorney Who Handles Cases in Wetumpka About Possible Financial Compensation

Losing somebody you love due to someone else's conduct is tragic. It's unfair that you must spend the remainder of your life hoping that justice could have been served. This is why Alabama allows you to seek punitive damages for wrongful death to help support your family, both emotionally and financially.

Under Alabama law, wrongful death claims have to be filed within two years after a family member's wrongful death . Personal representatives must keep this deadline in mind while considering the filing of a wrongful death lawsuit. Failing to adhere to the two year statute of limitation might result in you being unable to pursue a wrongful death claim to seek compensation.

If you are unsure about what you should do next, feel free to get in touch with the Alabama Law Office of Richard F. Matthews Jr. We provide a free constitution in which you can tell your story and allow us to evaluate your rights and options. Reach out today for more information.

Will You Go to Jail for a Criminal Conviction in Prattville, AL?

Thu, 15 Jun 2023 12:00:00 GMT

Will You Go to Jail for a Criminal Conviction in Prattville, AL?

You have just been arrested in Prattville, and now you’re facing a criminal charge. You may be wondering if you’re going to spend time in jail and what your options might be to maintain your freedom.

To learn more about your rights, you should contact a criminal defense attorney in Prattville, AL, right away. A criminal defense lawyer knows how to navigate the system and can help you with your defense and work to keep you out of jail.

Different Penalties for Different Crimes

In Alabama, crimes are categorized as violations, misdemeanors, and felonies. Whether or not you’re sentenced to jail or prison time depends on the classification of the crime.

Violations

Violations are considered the least severe of the three crime classifications. If you’re guilty of a violation, you may have to spend up to 30 days in a county jail. Violations might include a traffic ticket or third-degree criminal trespass.

Misdemeanors

Misdemeanor crimes fall under three categories: A, B, and C. The most serious misdemeanors are Class A, while B and C lessen in severity.

Class A Misdemeanors

Class A misdemeanors may include the possession of marijuana for use personally or the theft of goods of up to $6,000. You can spend up to one year in jail and/or pay a fine of up to $6,000.

Class B Misdemeanors

If you resist arrest, are charged with animal cruelty, or are found guilty of witness tampering, you may have to spend up to six months in jail. Pleading guilty to this type of crime may also involve paying a fine of up to $3,000.

Class C Misdemeanors

For a class C misdemeanor, such as trespassing or disorderly conduct, the court may impose a sentence of up to three months in jail and the payment of a fine of up to $500.

Felonies in Alabama

The most serious offenses in Alabama are felonies . Crimes of this type can carry a prison sentence of one year or more or, in some cases, even lead to the death penalty.

Courts classify felonies as Class A, Class B, Class C, and Class D.

Class A Felonies

A Class A felony is punishable by a prison term of 10 to 99 years. Examples of these offenses include first-degree (forced) rape, first-degree burglary, first-degree arson, first-degree domestic violence, or murder. Some convictions may also include capital punishment.

Class B Felonies

Statutory sentencing for these crimes can include prison terms of two to 20 years. Examples of Class B felonies include first-degree assault, first-degree manslaughter, and second-degree rape, also known as statutory rape.

Class C Felonies

Class C felonies may lead to an incarceration period of 366 days to 10 years. Some of these crimes may include robbery (with actual or threatened force), child custody interference, or breaking and entering.

Class D Felonies

Class D felonies result in prison times of 366 days to five years. A defendant may receive this sentence if they’re charged with possession of a controlled substance or are arrested for credit card fraud, among other offenses.

Contact a Criminal Defense Lawyer in Prattville, Alabama Now

The right criminal defense attorney can negotiate with prosecutors and present defenses to help you avoid jail time whenever possible.

To get the best defense for a criminal conviction in Prattville, you need to consult with an experienced criminal defense lawyer. Contact the Law Office of Richard F. Matthews, Jr. to learn more about your rights and how we can craft a defense that will lead to a more successful outcome.

Liability For Montgomery Truck Crashes

Thu, 01 Jun 2023 12:00:00 GMT

Liability For Montgomery Truck Crashes

After a truck accident in Alabama, figuring out who is at fault can be difficult. To get full and reasonable compensation for your injuries, however, you must determine who is responsible. Therefore, you need a skilled truck accident attorney to investigate the cause of your accident and injuries. There may be more than one party to blame.

If you need legal assistance, contact the Law Office of Richard F. Matthews, Jr. today. When you take this step, your lawyer will review your claim extensively to determine exactly what went wrong, who is at fault, and how to show culpability in your case. An appointment will cost you nothing to get the process started. In fact, you’re not charged for legal services unless your attorney wins your case.

Potentially Liable Parties

The trucking industry is large and involves many different entities. Therefore, people are often surprised to learn that the truck driver is not always the only one at fault for a collision. When you’re injured by a commercial truck, the driver, truck company, or even the cargo loader may be at fault. That is why everything must be investigated thoroughly. Let’s look at the possible scenarios.

The Truck Driver

A truck driver may hit you if they are speeding, tired, drunk, or distracted. They are also responsible for inspecting the truck and making sure the cargo is loaded properly. If the evidence shows they were negligent with respect to the truck’s operation, repair, or loading, they can be held liable in a truck driving claim.

The Truck Company

The Federal Motor Carrier Safety Administration (FMCSA) establishes certain guidelines for trucking businesses. When a company violates any of these rules and it leads to a wreck, the company may be held liable. For example, if a trucking company hires an unqualified driver or pressures them to work more than the allowed hours, they may be held responsible. Companies might also be vicariously liable for the errors of their drivers.

The Truck Owner

A truck owner may be either a company or an individual. If they don’t perform regular maintenance, such as checking the brakes, steering, engine, or hydraulics, they may be found liable for causing a truck accident.

Cargo Loaders or Shippers

According to federal law, a truck must be properly loaded and secured. If goods are loaded improperly, the contents may shift, throwing the truck off balance and causing operational difficulties. This can be especially dangerous if the truck is transporting hazardous materials.

Vehicle or Parts Manufacturing Companies

Sometimes a defective part leads to a truck accident. A defect may cause the transmission to fail, the steering to work improperly, or cause a tire blowout or brake failure.

Gathering Evidence

To file a truck accident claim, you must show solid proof that another party or parties acted negligently. If you cannot persuade a court and prove your case, you won’t be able to go forward with the claim.

That’s why it’s important to speak to a lawyer as soon as you can. Evidence may also take the form of:

Medical reports and bills
Truck driver logs and inspection reports
A trucker’s medical history, driving experience, and driving record
Electronic onboard recording device (EOBR) information
Truck wreckage information
A trucking company’s compliance history
Weigh station tickets and reports
Maintenance schedules
After-crash alcohol and drug test results
A police report
Dashcam footage

The sooner you hire a lawyer, the better chance they can preserve and gather evidence from investigations and the responsible parties to prove liability.

Contact a Truck Accident Lawyer About Your Case in Montgomery, Alabama

If you have been injured in a truck accident, you need to contact a truck accident attorney about your case. Call the Law Office of Richard F. Matthrews, Jr . to schedule a no-obligation consultation today.

Fatal Accidents in Pike Road, AL

Mon, 15 May 2023 12:00:07 GMT

Fatal Accidents in Pike Road, AL

With numerous cars on Pike Road in Alabama every day, auto accidents are a daily hazard that can have devastating consequences. Many crashes are preventable and are caused by another driver's inattention, negligence, carelessness, or disregard for road rules and safety. Unfortunately, these car accidents often lead to fatalities . When this happens, surviving loved ones might file a claim for wrongful death against the responsible parties.

If a loved one tragically died in a fatal car accident, you can speak to a wrongful death attorney at the Law Office of Richard F. Matthews, Jr. We can help you fight for the rights of your loved one to get your family the justice you deserve.

Common Traffic-Related Fatal Accidents in Pike Road

Any type of crash has the potential to result in fatal injuries, though the following are some of the most deadly crashes that can happen in Alabama.

Head-On Collisions

Head-on collisions might not the most common accidents, but they are arguably the most dangerous. This is because head-on collisions involve two vehicles crashing into the front of each other with a force that creates a magnified impact.

The extreme force generated in a head-on collision often leads to severe injuries and fatalities. Some common causes of head-on collisions in Pike Road include impaired driving (drugs or alcohol), distracted driving, and improper lane changes. These accidents are particularly common on two-lane highways.

Rollover Crashes

Vehicles might roll over if they are hit by another car, take a turn too fast, or get “tripped” by a curb or road hazard. Even when occupants are wearing seat belts, they can sustain catastrophic injuries when a car rolls one or more times.

Some vehicles are more to rollovers, such as SUVs, shuttle vans, or large trucks. However, any type of car can roll under the right circumstances, and victims often suffer life-threatening brain or spinal injuries.

Truck Collisions

We share the road with large commercial trucks that are necessary for our economy. These huge vehicles also increase the severity of collisions in many cases. When a small car crashes with a massive truck weighing up to 80,000 pounds , the resulting injuries are often devastating.

Truck accident claims can be particularly complicated, as the evidence can be highly technical, and there might be multiple liable parties. If your loved one died in a truck accident, you need an experienced wrongful death lawyer handling the matter.

C ontact a Wrongful Death Attorney if You Lost a Loved One in Pike Road

Many accidents can result in loss of life. In Alabama, you could have the right to file a wrongful death claim should your loved one's death be the result of another individual's negligence. To determine if you have a valid case, you can speak with a wrongful death attorney from the Law Office of Richard F. Matthews, Jr.

If you contact us here , we can evaluate your rights and help you file a case to obtain compensation and justice on your loved one's behalf.

Four Things to Do After a Work Injury in Millbrook, Alabama

Mon, 01 May 2023 12:00:21 GMT

Four Things to Do After a Work Injury in Millbrook, Alabama

Reports indicate that medically consulted work-related injuries totaled 4.26 million in a recent year. With so many workers injured each year, it's important to know what to do after a work injury in Millbrook, Alabama.

The steps you take after you've been injured in the workplace could have serious effects on your short-term and long-term future.

The team at the Law Office of Richard F. Matthews, Jr. has outlined the crucial steps you need to take if you have sustained a work injury. If you need assistance with a workers’ compensation claim, contact our office directly.

1. Seek Medical Attention Immediately

When you have been injured at work, one of the first things you must do is seek medical attention. Once you've sought medical care, you'll receive treatment for your injuries and lessen the likelihood of complications. Having an immediate medical exam will also create a record of your injuries that connects them to your job.

2. Inform Your Supervisor

After you have sought medical attention or as soon as possible after an accident, you need to inform your supervisor that you were injured at work. If you delay telling your employer that you were injured on the job, you risk an insurance company denying your workers' compensation claim. Alabama law requires you to notify your supervisor of an injury at work within five (5) days of the accident and injury so tell you supervisor as soon as possible.

In your report to your employer, you should include the following information about the circumstances of your accident and injuries:

Where in your workplace the accident transpired.
How the accident occurred.
Who was involved in the accident.
The injuries you suffered.

Follow Your Doctor’s Orders

When you get a treatment plan from your medical providers, you should follow it to the letter. This includes taking time away from work or your usual activities if your doctors recommend it. If you do not follow your treatment guidelines, the insurance company might allege that your injuries are not as serious as they are, that you should be working, or that you do not need ongoing benefits.

Pursue Workers’ Comp Benefits With The Help Of An Attorney

A successful workers' compensation claim will give you access to the funds you need to pay for medical treatment and lost income if you are out of work. However, the claims process can be challenging, especially when you are already dealing with an injury. An experienced attorney will handle the entire process and have the tools to obtain the benefits you deserve under the law.

Get In Touch With A Workers’ Compensation Attorney Today To Discuss Your Claim

At the Law Office of Richard F. Matthews, Jr., an experienced workers’ compensation lawyer can help you with the claims process. From start to finish, we'll do everything we can to better your chances of obtaining workers' compensation benefits. We can help file initial claims, provide advice, and appeal a claim denial when necessary.

If you would like to learn more about how we can help you, contact us here, and we'll have a member of our team reach out to you.

Do You Need a Criminal Defense Lawyer in Wetumpka?

Sat, 15 Apr 2023 12:00:00 GMT

Do You Always Need a Criminal Defense Lawyer after an Arrest in Wetumpka?

No matter the circumstances, getting arrested is never a pleasant experience. Due to the stress, you might not know how to act or what to do next.

Since getting arrested is always a serious situation, hiring a Wetumpka criminal defense lawyer is always in your best interests. At the Law Office of Richard F. Matthews Jr. , our lawyers can help immediately after your arrest, even if no charges have been filed yet.

If You Choose Not To Hire A Criminal Defense Attorney, What Are The Potential Consequences?

Unfortunately, many people make the mistake of trying to handle their own criminal arrests and charges. This is a problem because even in minor cases, the stakes are always high. You could face fines, jail time, and a criminal record that could have far-reaching effects on the rest of your life.

Should you not hire a criminal attorney, you risk poorly navigating the legalities of your case. You also risk making numerous mistakes that could have dire consequences and negatively affect your outcome – especially during the arrest stage.

Police officers often want to question you following an arrest to gather enough evidence to support criminal charges. You might think you can speak with them and clear your name, but in reality, most people end up saying something that the authorities can use against them.

This is why you should hire an attorney as soon as you’ve been arrested, as they will know what to do and can guide you to make the right decisions.

Your Miranda Rights

When you are detained by the police, and they want to question you about the alleged crime, they must first inform you of your Miranda rights . These include:

The right to remain silent
The right to have an attorney present

Many people believe that invoking these rights and “lawyering up” will only make them look guilty. However, exercising your Miranda rights cannot be used against you in a criminal case. On the other hand, anything you say to the police without an attorney can and will be used against you.

It is always wise to politely inform the police that you are invoking your rights. Do not answer any material questions; instead, contact our law firm for assistance. We can represent you in any further police communications.

How Can A Criminal Defense Lawyer Help?

Immediately following your arrest, we can do many things to help, including:

Be present for all police communications
Work to get your bond reduced or eliminated when necessary
Work to avoid charges in the first place
Handle the entire criminal process for you if charges are issued

Contact A Wetumpka Criminal Defense Attorney Today To Discuss Your Arrest

Ultimately, it’s best to hire a trusted Wetumpka criminal defense attorney right after you’ve been arrested. An attorney from the Law Office of Richard F. Matthews, Jr. will work to help to minimize the consequences you face post-arrest and throughout the criminal process. Do not wait to contact us here , and we will ensure you have the help you need during this difficult time.

Speeding Accidents in Prattville

Sat, 01 Apr 2023 12:00:00 GMT

Speeding Accidents in Prattville

Speeding accounted for 29 percent of all traffic fatalities in a recent year in the US. This equates to 11,258 people losing their lives in speed-related crashes - a little over 30 people each day. Speeding is also one of the most common causes of car accidents in Prattville, with many auto accidents happening each year, resulting in injuries that range from minor to life-threatening.

If you suffered injuries in a speeding accident recently, you might be entitled to compensation and should consider hiring a lawyer for your accident in Prattville. At the Law Office of Richard F. Matthews Jr. , we will examine your circumstances to determine if you have a valid claim. If so, we can work closely with you to build a strong case for obtaining compensation.

What Are The Causes Of Speeding In Prattville?

While you cannot stop people from speeding, it can help to understand why people drive too fast. Doing so might help you avoid situations that might lead to crashes.

Even though we cannot know the exact reasons people speed, three main risk factors cause this reckless behavior:

Running late: Many people have demanding schedules that force them to drive from one destination to the other quickly. These schedule constraints often cause speeding because drivers fear being late for school runs, work, appointments, meetings, and events.
Aggression: Some drivers speed because they are frustrated by unexpected traffic or are angered by other drivers on the road.
Disregard for the law and road rules: Many drivers simply choose to disregard the law and road rules. Many choose to speed because it is a habit, and they do not fear the consequences until it’s too late.

What Injuries Commonly Result From Speeding Accidents?

All car accident injuries range in severity, but high-speed collisions tend to cause some of the most severe injuries, with victims often left with life-threatening and life-altering conditions. Some common injuries include:

Fractures
Burns
Neck Injury
Head Injury or Traumatic Brain Injury
Lacerations
Whiplash
Disfigurement
Brain Injury
Spinal Cord Injury and Paralysis

If you sustained any of the above injuries in a speeding accident, you could be entitled to compensation, so contact one of our attorneys for more information. We can help prove the liability of the speeding driver and the damages you deserve. We regularly seek damages for medical bills, lost income, pain and suffering, and other losses. We fight for the total compensation you need for your specific injuries.

Contact A Prattville Car Accident Attorney Today To Discuss Your Case

As you can see, there are many factors involved in speeding accident cases. You might have a valid claim if you have been in an accident in Prattville because a negligent driver was speeding. Your best action is to contact a car accident lawyer for your case in Prattville from the Law Office of Richard F. Matthews, Jr. to discuss your case.

We are well-versed in speeding accidents, know the laws, and have the skills to guide you. So contact us here , and we will begin building you a strong case.

Your Rights After a Spouse Dies in a Montgomery Accident

Wed, 15 Mar 2023 12:00:06 GMT

Your Rights After a Spouse Dies in a Montgomery Accident

Losing your spouse is always devastating, but the situation can be even more tragic if your spouse dies in a preventable accident. If someone else’s conduct caused the death, your family might be entitled to receive compensation for your losses under Alabama wrongful death laws.

If you have lost a loved one as a result of someone else’s wrongful conduct, you should call The Law Office of Richard F. Matthews, Jr. today. We will review the facts of your case at no cost to you and let you know whether we believe you have a claim.

Common Causes of Wrongful Death

There are a wide variety of accidents that can be fatal. Some of the most common include:

Motor vehicle accidents
Pedestrian accidents
Slip and fall accidents
Medical malpractice
Industrial accidents
Inadequate security

It’s important to keep in mind that wrongful death claims can also arise as a result of intentional acts. For example, if you lost your loved one as a result of a violent assault, you may be able to make a wrongful death claim against their assailant. The best way to determine whether you have a claim under Alabama law is to discuss your claim with an attorney.

Seeking Compensation through a Wrongful Death Claim

Every state has laws allowing survivors to file wrongful death claims, though Alabama’s wrongful death laws are different from most states. In most states, a spouse has the right to file their own claim for wrongful death and seek compensation for their financial and emotional losses. This is not exactly the case in Alabama.

Personal Representative

First, Alabama does not allow close family members to file wrongful death claims themselves - even a surviving spouse. Instead, the personal representative of the deceased’s estate must file the claim. In some cases, this is the surviving spouse, but not always.

If your spouse died with a will, perhaps they designated you as the personal representative. In that case, you can file the wrongful death claim on behalf of the estate. If another person was designated as the personal representative, they will need to file the claim.

If there is no will, the probate court will decide who should serve as the personal representative, which may or may not be the surviving spouse.

Damages

If an estate pursues a successful wrongful death claim, the proceeds are distributed to beneficiaries, which usually include the surviving spouse. However, Alabama allows for different damages than other state wrongful death laws.

You cannot seek damages for the specific financial losses you experienced due to the death. Instead, you can only seek punitive damages in a wrongful death case. These are meant to punish the defendant instead of reimburse you for specific losses. There is no cap on the available damages, however.

Speak With A Montgomery Wrongful Death Lawyer Today To Discuss Your Rights

The wrongful death process is challenging to navigate while trying to deal with the grief associated with losing your loved one. That's why it is best to consider speaking with a Montgomery wrongful death attorney at the Law Office of Richard F. Matthew, Jr. We can help you file a claim and ensure your rights are not ignored. So get in contact with us today, and we'll help you determine your next steps.

Reporting Your Work Injury to Pike Road Employers

Wed, 01 Mar 2023 13:00:04 GMT

Reporting Your Work Injury to Pike R oad Employers

Last year, there were 4.26 million work-related medically consulted injuries in the United States. If you have recently been injured in a workplace accident, you must report your work injury to your Pike Road employer to receive the workers’ compensation benefits you deserve under the law.

At the Law Office of Richard F. Matthews, Jr., we understand that navigating workers’ comp claims can be difficult; that's why we help our clients with every step of the filing process. We can advise you on the necessary steps, including reporting your injury to your employer.

Why Is It Important To Report Your Work Injury To Pike Road Employers? It is Required by Law

In order to be eligible for workers’ compensation benefits in Alabama, state law requires you to properly and promptly report the injury to your employer. If your employer knows the accident happened, such actual notice can replace statutory notice, but it is better to be safe and provide notice yourself. This way, your employer cannot deny they knew about your injury.

Getting Access To Immediate Medical Care

Sometimes, injured employees are unsure if they should seek medical care after being injured at work. Never let concerns over medical bills stop you, as workers’ comp should cover all of your medical costs. It is critical to get a timely diagnosis so you can demonstrate the exact nature of your injuries. Your employer can select the medical provider for a workplace injury, so you should inquire about where you need to go for treatment immediately after your injury.

What Are The Workers Comp Benefits You Can Receive After Reporting Your Work Injury?

In Alabama, worker's compensation can help cover various expenses. If you report your injury in time, you should be eligible to the following benefits, as they apply to your situation:

Missed wages: Sometimes, an injury is severe enough to warrant time off work. During this time, an employee will lose wages while focusing on recovery. If an injury has been reported and a workers’ comp claim filed, benefits will help replace some of the wages an employee loses. In Alabama, the amount paid to injured employees for lost wages is typically 66% of an employee's weekly wage. It should be noted that employees will receive this benefit if they have to miss work for more than 21 days.
Medical bills: Workers’ compensation will pay the hospital and medical bills relating to the injury the employee sustained while on the job. These bills can include emergency room costs, prescription medication, surgeries, specialist consultations, and more. Some work-related injuries and illnesses require ongoing care even once an employee returns to work. Workers’ comp benefits should cover the costs associated with this ongoing care, including therapy sessions, additional surgeries, medications, and physical therapy consultations.
Disability benefits: Sadly, there are many instances where a work-related injury or illness can leave an employee temporarily or permanently disabled. In these situations, workers' compensation will provide disability benefits through monthly payments. Usually, these payments are made weekly, monthly, or in a lump sum, depending on the injury and what the injured employee decides is best with help from their attorney.

Get In Touch With A Pike Road Workers Comp Lawyer Today To Speak About Your Claim

Reporting your injury is crucial if you want to receive workers' compensation benefits. Yet since the following process can be stressful, it's best to seek the advice of a qualified workers’ comp attorney like the ones at the Law Office of Richard F. Mathews, Jr .

We have experience helping injured employees obtain benefits so that they can focus on their recovery rather than their finances. If you want help with your claim, contact us here, and we'll set up an obligation-free consultation.

Fighting Criminal Charges in Millbrook, AL

Wed, 18 Jan 2023 21:59:06 GMT

Fighting Criminal Charges in Millbro ok, AL

The Millbrook Police Department regularly makes arrests for a variety of suspected criminal offenses. Many arrestees then face charges in criminal court, and a conviction can come with costly and lasting penalties. It is crucial that you take steps to fight against your criminal charges whenever possi ble.

By enlisting the help of a Millbrook criminal defense lawyer, many people successfully fight their charges or reduce their penalties.

Common Criminal Defenses

A criminal defense attorney will examine the circumstances of your arrest and the allegations against you. They will identify any possible legal defenses they can present to fight your charges. Some defenses are presented to the court, and a successful defense can even lead the judge to dismiss your case altogether. In other cases, defenses are presented at a jury trial in an attempt to prevent the prosecutor from proving your case beyond a reasonable doubt.

Some common legal defenses against criminal charges include:

Violations of your constitutional rights , which can cause key evidence to be suppressed and kept out of your case.
Unreliable eyewitness identification, which is a leading cause of wrongful conviction.
Alibi, which involves showing you were somewhere else and could not have committed the crime as accused.
Self-defense, which admits that you used violence or force but asserts the force was justified to protect yourself or others from imminent harm.

These legal defenses are complicated and must include proper legal arguments and evidence. You need a defense attorney handling this process for you.

Plea Bargaining

In many instances, the best course of action is to enter into a plea bargain agreement with the prosecutor handling your case. In a plea bargain, you agree to plead guilty to less serious charges or in return for the prosecutor recommending the judge impose a lenient sentence. Often, the sentence associated with a plea bargain is significantly less severe than the one you would likely face if you were adjudicated guilty after a trial.

In some cases, a plea bargain may even be able to help you avoid a conviction at all. For example, if you are accused of a drug violation or drunk driving, you may be able to plead guilty and enter a pre-trial diversion program that can result in your case getting dismissed if you successfully complete it.

How a Millbrook Criminal Defense Lawyer Can Help

The criminal justice system has complex legal and procedural requirements, and presenting a successful defense involves a lot of investigation, knowledge of Alabama law, and evidence. This is never something you should try to handle without assistance from an experienced criminal defense attorney, as your future is on the line.

At the Law Office of Richard F. Matthews, Jr., we represent clients facing a wide range of criminal charges. Whether you are accused of drunk driving or a violent crime, we can assess the possible legal defense in your case and handle every step of the process. Contact us to learn more about how we can help criminal defendants in the Millbrook area.

Causes of Wetumpka Car Crashes and Injuries

Wed, 18 Jan 2023 21:46:07 GMT

Causes of Wetumpka Car Crashes and I njuries

People in the Wetumpka area suffer injuries in traffic crashes on a regular basis. An accident that happens in an instant can change your life for months, years, or indefinitely due to severe injuries. If someone else acted negligently and caused your collision, you deserve to collect compensation for all your losses from their insurance company.

Getting compensation requires that you prove fault, which means you must show what caused the crash. An experienced Wetumpka car accident attorney can help you gather evidence of what caused your crash, so you can receive the settlement you need.

Here are only some of the main causes of car accidents that might lead to an injury claim. Never hesitate to discuss your specific situation with attorney Matt Matthews today.

Drunk or drugged driving

Even though everyone knows that driving under the influence is against the law - for good reason - many drivers still make this dangerous decision. Alcohol and drugs can affect a driver’s cognitive functioning, focus, reaction times, and more. This significantly increases the chances that a driver will make a serious mistake that causes a life-changing crash.

While a driver might face criminal DUI charges, victims should also take necessary action to seek compensation for their injuries and losses.

Distracted driving

We all multitask in our daily lives, and sometimes, people try to multitask behind the wheel of their car or truck. Smartphones have made distracted driving a bigger problem than it once was, though many distractions exist that are not related to technology. Common driving distractions include:

Texting or talking on the phone
Using hands-free technology
Using GPS
Changing music or podcasts
Having animated conversations with passengers
Tending to children in the back seat
Personal grooming
Eating or drinking

Drivers who cause accidents due to distraction should be responsible for the losses of any victims.

Other traffic law violations

Traffic violations may seem like a minor issue, but these laws exist to ensure that we can safely use our roads. When drivers violate traffic laws , it can result in extremely serious accidents and severe injuries. Some examples of traffic violations that often lead to accidents include:

Speeding
Failure to yield
Illegal turns
Changing lanes without signaling
Running stop lights and stop signs
Driving without headlights on when required

In many cases, the mere fact that another driver violated a traffic law and caused an accident is enough to establish liability. For this reason, you should always call the police after a collision, as they will determine whether any laws were broken and issue a citation if so.

Seek Help from a Wetumpka Car Accident Lawyer Today

If another driver has injured you, you should talk to an attorney as soon as you can. In many cases, victims are entitled to compensation for their accident-related losses, such as medical expenses, lost income, and property damage. At the Law Office of Richard F. Matthews, Jr. , we work hard to get each client we take the most compensation possible under the law. Contact us or call our office today to schedule a free case evaluation with a car accident attorney in Wetumpka.

How Long Do You Have to File a Wrongful Death Claim in Prattville?

Thu, 29 Dec 2022 21:48:28 GMT

How Long Do You Have to File a Wrongful Death Claim in Prattville Alabama?

Losing a loved one is always difficult. It can be even more so if their death was unexpected and the result of another person or party's negligence. Alabama law allows family members of those deceased in this way to seek compensation for their losses. However, they only have a limited time to act. If you lost a family member, contact a Prattville wrongful death attorney as soon as possible.

How Long Do You Have to File a Wrongful Death Claim in Prattville?

Under Alabama law, those who need to file a wrongful death claim only have two years to exercise this legal right. However, in most cases the deadline is two years from the date of their death. So, if an accident or injury occurred and your loved one didn't die on the same day, the clock doesn't start ticking until the day they die. Because this limitation period is so important, you must retain a wrongful death attorney as soon as possible to ensure you do not miss the applicable statute of limitation, or deadline, to file the lawsuit in court for your loved ones untimely death.

It's also essential to note that if the party who caused your loved one's death is a government entity, you typically only have one year from the date of their death to file a wrongful death claim. In addition, you may also have a different amount of time if the deceased person is a minor child.

When you hire an experienced Prattville wrongful death attorney, they will know what deadline applies to your claim and ensure it is filed on time.

Who Can File a Wrongful Death Claim in Alabama?

Only a personal representative of the decedent's estate has the legal right to file a wrongful death claim in Alabama. However, if the deceased victim is a minor who is less than 19 years of age, their parents only have six months to file a wrongful death claim. If a suit is filed after six months, the decedent's personal representative is legally required to file the claim.

In addition, family members have 40 days from the day their loved one dies to petition the probate court to be the personal representative of their estate. If no one makes this request within 40 days, the probate court can appoint someone else of their choosing to be the administrator of their estate.

Suppose the personal representative or administrator receives a wrongful death settlement or award. In that case, the monies are distributed to the heirs or the individuals who would stand to inherit from the victim if they didn't leave a will. Since they are damages from a wrongful death claim, these monies don't pass through the decedent's estate. As such, creditors don't have claims against them.

Questions about Alabama Wrongful Death Claims? Contact a Prattville Wrongful Death Attorney Today

If you recently lost a loved one, please accept our sincerest condolences. We know this is a difficult time for you and your family. The Law Office of Richard F. Matthews, Jr. is here for you and can answer your questions regarding wrongful death claims. We offer free wrongful death case reviews to family members of deceased parties who lost their lives due to someone else's negligence. Call us today at 334-398-8408 or contact us online to schedule your consultation. Remember, you only have a limited time to act on your legal rights.

Common Injuries Among Montgomery Workers

Thu, 29 Dec 2022 21:48:26 GMT

Common Injuries Among Montgomery Wor kers

Every day, thousands of Montgomery workers put their health, well-being, and lives on the line by simply going to work to earn a living. While most days are safe, injuries can and do happen. When they occur, Montgomery workers deserve compensation—either through the workers' compensation system or a civil personal injury claim.

If you or someone you love was injured on the job, contact The Law Office of Richard F. Matthews, Jr. for assistance. The sooner you protect your legal rights, the better.

Common Injuries Among Montgomery Workers

Montgomery workers can sustain a variety of injuries on the job, from minor bumps, cuts, scrapes, and bruises to severe, catastrophic, or life-threatening burns, traumatic brain injuries (TBI) , spinal cord injuries (SCI), and many others. Common injuries include:

Injuries arising from on-the-job accidents, such as breathing in spilled chemicals or amputating a finger on work equipment
Slip and fall injuries such as broken bones, sprains, strains, or neck injuries
Occupational illnesses such as a chronic lung condition resulting from breathing in hazardous chemicals on the job
Fire and explosion injuries
Struck by or caught in between machines or vehicles
Trauma injuries such as burns, crushing injuries, Spinal Cord Injuries, or Traumatic Brain Injuries
Injuries related to repetitive tasks, overexertion, or awkward positions while working, for instance, a back injury caused by lifting heavy objects or carpal tunnel syndrome from typing
Skin conditions
Hearing loss

Most workplace injuries occur in the trade, transportation, utilities, and manufacturing industries.

What Injuries are Covered by Workers' Compensation?

Workers' compensation is a state-regulated insurance program. It provides income and medical benefits to workers for their work-related injury or illness, no matter who is at fault for their condition.

Workers' compensation only covers injuries suffered in the scope of employment. However, this does include travel for work-related business. For example, if you were driving to deliver something to a client or were at a meeting in another building when you were injured, your injuries should be covered.

If you need assistance proving your injury should qualify for coverage, speak with a workers’ compensation lawyer right away.

Personal Injury Claims

In some cases, injured workers can file personal injury claims in addition to their workers' compensation claims. Personal injury claims might apply to cases where a third party is liable for the injury. For example, if an equipment manufacturer or a third-party contractor is not employed by the injured employee's workplace and they are at fault for the accident.

Were You Injured on the Job? Call a Montgomery Workplace Injury Lawyer Today

If you were injured on the job, you likely have many questions about your rights and how you will pay your bills. You deserve compensation for your medical care and lost wages. In a civil case, you may also be able to receive money for pain and suffering.

At the Law Office of Richard F. Matthews, Jr., we provide free consultations to injured workers. Call us today at 334-398-8408 or contact us online to schedule yours and learn more about your rights and what your case might be worth.

Who Is Liable for Your Truck Accident?

Thu, 08 Dec 2022 19:34:55 GMT

Who Is Liable for Your Truck Acciden t?

According to statistics, there are more than 500,000 truck-related vehicle accidents in the US every year, resulting in about 5,000 fatalities and thousands of serious injuries. Trucking accidents are usually far more dangerous than passenger vehicle accidents, and they often cause more severe injuries and damages for victims.

Anyone who suffered injuries in this type of crash needs the right legal representation, as these cases can be complex. Consult with a truck accident attorney from the Law Office of Richard F. Matthews, Jr. today.

To recover for your truck accident losses, you must identify the liable parties, which can be more complicated than you might think. The following is some information about potentially liable parties in truck crashes.

What Are Considered Some Of The Common Causes Of Truck Accidents?

The first step in identifying liability is to determine the cause of your crash. Some common causes include:

Falling asleep behind the wheel.
Inexperienced truck drivers tasked with duties above their skill level.
Drivers who text or call while driving.
Truck driver carelessness.
Poor trucking company policies.
Unsecured cargo and overloaded trucks.
Truck drivers driving while under the influence of alcohol or drugs.
Driving too fast through poor weather or road conditions.
Speeding, reckless, or aggressive driving.

While many truck accidents result from driver error, other factors can lead a driver to lose control and crash.

Who Can Be Liable For Your Alabama Truck Accident?

In Alabama, different parties can be liable for truck accidents, including:

The truck driver
The truck company
Truck maintenance crews
Third-party cargo-loaders
Other drivers on the road

Often, multiple parties will share liability, such as a negligent truck driver and the employing trucking company. Your attorney will identify everyone who should be liable to increase your chances of a full financial recovery for your losses.

Proving Liability In a Truck Accident Case

Ultimately, you need to prove negligence or another basis for legal liability if you want to obtain compensation for your injuries and damages. This means that you must show that the at-fault party was responsible for the accident and, thus, your injuries. When proving fault, there are main elements that you need to establish, and they include:

Duty: You need to prove that the truck driver involved in your accident owed you a duty of care. Truck drivers must exercise reasonable care so as not to cause an accident.
Breach of duty: You need to prove that the truck driver in the accident failed to meet the standard of care they owed you and are thus guilty of breaching their duty to keep you safe.
Causation: You must prove that your injuries were caused by their breach of duty.
Damages: You suffered losses due to your injuries.

Our firm’s experienced Montgomery truck accident attorney can help you prove these elements to secure a fair settlement for your injuries and damages.

Get In Contact With An Alabama Truck Accident Attorney Today To Discuss Your Case

At the Law Office of Richard F. Matthews, Jr., we understand the challenges of trucking accident victims, which is why we work alongside our clients to achieve justice and compensation. If you’re ready to speak with an attorney about your case , contact us here so that we can focus on the dealing with the insurance companies for the at fault parties while you recover physically from your injuries.

Proving Your Injury was Work-Related

Thu, 08 Dec 2022 19:13:04 GMT

Proving Your Injury was Work-Related

If you are injured at work, you must notify your supervisor immediately and request to seek medical treatment for your injuries. Your employer’s workers’ compensation insurance should cover your medical bills and provide compensation due to a workplace injury. However, this coverage only applies to eligible injuries , and one critical requirement is that the injury was work-related.

In some cases, it seems fairly obvious that an injury was work-related, as in the case of a job site accident that causes acute injuries. However, even the most seemingly straightforward situations can become complicated during the workers’ compensation claim process, as insurers can question the cause of the injury. In the absence of an acute accident, such as a repetitive motion type injury for instance, the situation can become even more complex.

If you have a work-related injury and you are having difficulty obtaining the benefits you deserve, seek help from a Montgomery workers’ compensation attorney immediately.

Reporting Your Injury Immediately

The first step to help prove your injury was work-related is to report an incident and injury as soon as possible to your employer. When you report the issue immediately, there should be less doubt about whether you suffered an injury at home or during other activities in the interim. The law requires you to notify your employer within five (5) days of the accident or else your claim for workers’ compensation benefits may be denied.

If you receive a diagnosis of a repetitive strain injury or work-related illness, report the matter as soon as you learn of your condition.

Presenting Evidence

You can present evidence to an insurance company that questions whether your injury stemmed from your employment. A workers’ comp attorney can help you gather and present sufficient proof of the cause of your injuries.

Some evidence that injured workers might use includes:

Witness statements - Others who witnessed a job site accident can give statements that you were involved and suffered injuries.
Medical records - Your doctors can report when your injury was diagnosed (such as shortly after an accident) and their presumed cause of your injuries. Your medical records can also address any allegations that your injuries were pre-existing and did not stem from the workplace accident.
Surveillance footage - If your workplace has cameras, they can demonstrate how the accident occurred and what happened in the aftermath, such as you needing medical treatment for injuries.
Work records - If an insurer claims you were not on the job at the time of your injury, you can use time cards and other work records to show you were, in fact, working when the injury happened.

If your injuries are not acute, it can take more sophisticated evidence to prove their relation to your work. For instance, if you have carpal tunnel syndrome from repetitive motions at work, an insurance company might allege that your condition stemmed from your personal activities. You might need a doctor or specialist to testify about the connection between your condition and your job. If a work related injury is denied by the employer or their insurance carrier, you must file a lawsuit in order to force the employer to provide you the benefits you are entitled to receive under Alabama’s Workers’ Compensation Act.

Speak with a Montgomery Workers’ Compensation Lawyer Today

The evidence needed to prove a work-related injury will vary from case to case. If you run into any obstacles when seeking benefits, the Law Office of Richard F. Matthews, Jr. can help.

Can You Sue Your Employer for a Work Accident?

Thu, 08 Dec 2022 18:50:10 GMT

Can You Sue Your Employer for a Work Accident?

When you are in a car accident, you can sue a negligent driver for your injuries and losses. If a grocery store allows a hazard that causes you to slip and fall while you are shopping, you can sue the store for its negligence.

But what happens if you suffer injuries in a work accident? Can you sue your employer like other individuals or entities that cause you injuries? In Alabama, the answer is yes you can sue your employer for workplace accidents and injuries but it is generally limited in that you must request benefits as provided for by the Alabama Workers’ Compensation Act. It may be that the employer does not provide proper benefits and a lawsuit to resolve the case is necessary. You will likely need a Montgomery workers’ compensation attorney who can assess your options and determine if you should sue your employer for workers’ compensation benefits, or if there are other claims against other persons or companies that may be responsible for your injuries.

Workers’ Compensation Benefits

The primary recourse for injured workers is workers’ compensation benefits. Alabama requires most employers to carry workers’ comp insurance, which should provide coverage to employees who are injured on the job. You must notify your supervisor of an injury within five (5) days of the date of the injury. Failure to notify the supervisor of the injury could bar you from recovering benefits under the Alabama Workers’ Compensation Act.

Workers’ compensation is a no-fault system, which means you do not have to prove your employer - or anyone else - was negligent to cause your injuries. You must show that your injury happened in the course of your employment, and you should qualify for benefits.

In exchange for no-fault coverage, the law provides for the exclusive remedy for your injuries from your employer which is limited to the workers’ compensation benefits. Most employers have workers’ compensation insurance coverage that will oversee the benefits provided to you in the event of a work-related injury. Some of the benefits you are entitled to under

Alabama’s Workers’ Compensation Act are:

Medical care expenses
A percentage of your lost wages while you are taken off work by the doctor
Reimbursement of mileage or out of pocket expenses for authorized treatment
Vocational retraining
Compensation for permanent partial or total impairments

Third-Party Lawsuits

In addition to suing your employer, you might have the right to sue another party that is not affiliated with your employer. To do so, you will need to demonstrate the party was negligent in causing your accident and injuries.

Such parties might include:

A driver who was distracted and hit your work truck while you were driving as part of your job.
A manufacturer that sold defective equipment, which malfunctioned and caused your injuries.
A contractor on a construction site who did not follow proper safety protocols and caused your accident.

If someone besides your employer was negligent, you might have a claim against them. In this situation, you might be able to receive workers’ compensation benefits as well as additional compensation for:

Your full lost earnings
Pain and suffering
Other intangible losses

Not every injured worker has a third-party claim, and many people must rely on workers’ comp benefits to cover their injuries. Therefore, it is critical that you ensure you receive the full benefits you deserve for your medical bills and lost wages from missing work.

Speak with a Montgomery Workers’ Compensation Attorney

The Law Office of Richard F. Matthews, Jr. helps injured workers in the Montgomery area. We seek maximum benefits in every case, and we can help you. Contact us to discuss your work injury today.

How Does a Criminal Defense Lawyer Help?

Tue, 01 Nov 2022 19:05:35 GMT

How Does a Criminal Defense Lawyer Help?

If you are facing criminal charges, you might wonder if you need to hire a defense attorney. While you know most people seek legal help, you might not know exactly how a criminal defense lawyer will help with your case. The short answer is that a criminal defense attorney will assist you in many valuable ways that protect your rights and your future.

Assisting with the Police

When the police inform you that you have the right to remain silent and the right to have an attorney, you should take this seriously. When police officers want to question you while you are in custody, it is far too easy to say the wrong thing - even if you know you are innocent. Instead of answering police questions, reach out to a criminal defense lawyer who can represent you in all communications with law enforcement.

Identifying Constitutional Violations

Often, while making an arrest or investigating a crime, law enforcement officers will violate the constitutional rights of a defendant. This can include illegal traffic stops, illegal searches, illegal arrests, and failing to advise you of your Miranda rights . When officers violate your rights, your attorney can often use it to the advantage of your case. For example, they can seek to have any evidence stemming from the violation suppressed from your case. If key evidence is suppressed, your charges might be dropped altogether.

Determining Other Legal Defenses

Different legal defenses apply to different situations, and your lawyer will look for all possible ways to defend against your charges. These might include:

An alibi
Misidentification by witnesses or victims
Self-defense or defense of others (including Stand Your Ground )
Lack of intent (for some offenses)

You want to identify all possible defenses that apply to your case, and your lawyer will know how to back up your defenses with admissible evidence.

Plea Bargaining

Prosecutors are not known to favorably negotiate with defendants who do not have representation. Instead, prosecutors want to negotiate with criminal defense attorneys. When you have a lawyer representing you at settlement conferences in court, the prosecutor will likely engage in plea bargaining with them. Through this process, the prosecutor might offer to reduce your sentence, reduce your charges, or drop certain charges if you decide to plead guilty. This presents you with a more favorable option if you do not want to fight your charges at trial.

Providing Advice

In many cases, it can be difficult to decide whether to plead guilty to charges or fight them at trial. Your lawyer can advise you of all of the potential implications of each choice. In the end, it is your decision, and you want to make an educated one.

If you decide to go to trial, your criminal defense attorney will represent you and present your case in front of the judge or jury.

Learn More from a Montgomery Criminal Defense Attorney

If you want to know more about criminal defense services and how they can help your case, consult with the Law Office of Richard F. Matthews, Jr. right away. Contact us to discuss your arrest and charges and how we can help.

Does a Prosecutor Have a Time Limit to Issue Criminal Charges?

Sat, 15 Oct 2022 12:00:05 GMT

Does a Prosecutor Have a Time Limit to Issue Criminal Charges?

It's only natural to have many questions if you or someone you love or care about is under investigation for a crime in Alabama. If you have a question about how long an Alabama prosecutor has to file criminal charges against you, you've come to the right place.

Below, we'll discuss the time limits (or lack of time limits) prosecutors have to issue criminal charges. We'll discuss what you need to know because the answer to this common question isn't simple, as there are many factors affecting when a prosecutor can charge you.

To give you an idea of the time limit a prosecutor has to issue criminal charges, we'll discuss various statutes of limitations in Alabama. The statute of limitations is the period of time prosecutors have to seek a felony indictment or file charges against you.

You should always speak with a Montgomery attorney from the Law Office of Richard F. Matthews, Jr. about your specific case and how we might help defend against your charges.

What Exactly Is A Statute Of Limitations?

Essentially, the statute of limitations is a time limit put in place to prevent police and prosecutors from sitting on criminal charges for lengthy periods of time. Statutes of limitations are also applicable to those wanting to file lawsuits, and like civil cases where a judge can throw out a lawsuit if a plaintiff waits too long to file a case, a criminal case can also be thrown out if it is filed too late.

Does Every Crime Have A Statute Of Limitations?

Every crime does not have a statute of limitations in Alabama. Even if more than 10, 20, or 30 years have passed since the crime occurred, a prosecutor can still file charges for certain offenses.

Below are some of the criminal offenses that don't have a statute of limitations in Alabama:

Felonies that involve death or serious physical injury.
Capital offenses.
Felonies that involve the attempted use or use or threat of violence against a person.
Felony arson offenses.
Sex offenses involving someone younger than 16 years old.
Felony drug trafficking offenses.
Felony forgery offenses.
Felony counterfeiting

You can speak with our attorneys for a more extensive list of criminal offenses not bound by a time limit.

H ow Long Does An Alabama Prosecutor Have To File Criminal Charges?

How long prosecutors have to file criminal charges depends on the crime. Yet there are general limits. For example, prosecutors usually have five years to file criminal charges for felony offenses and one year for misdemeanors.

Below are a few examples of time limits for certain crimes in Alabama that prosecutors have to abide by. Yet you should also note that court rulings can affect the interpretation of the law and that exceptions and legislative changes could occur.

Theft of public revenue: A prosecutor must file charges within six years of the crime being committed.
Unlawfully taking or using someone else's property temporarily: A prosecutor must file charges within 30 days of the offense occurring.
Theft of more than $500 (felony): A prosecutor must file charges within five years of the crime being committed.
Theft of less than $500 (misdemeanor): A prosecutor must file charges within one year of the crime being committed.

Contact A Montgomery Criminal Defense Attorney Today To Discuss Your Case

It's evident that having criminal charges brought against you can be a difficult time. That's why it's always best to speak with a Montgomery attorney who knows the ins and outs of the crime you are being accused of committing.

Our team at the Law Office of Richard F. Matthews Jr. has experience handling many criminal cases and the knowledge and skills needed to help you navigate criminal charges. So get in contact with us today, and we will help you.

Benefits for Fatal Work Accidents

Mon, 03 Oct 2022 14:19:37 GMT

Benefits for Fatal Work Accidents

The sudden death of someone you love is tragic, not to mention emotionally, mentally, and financially challenging. This is especially true if the person who died was the main breadwinner in your household. Although obtaining death benefits isn't any consolation for the death of a loved one, it can help you financially manage while you focus on healing and adjusting to life without someone you care deeply for.

If you lost someone you love in a fatal work accident and would like to know more about the death benefits you can receive from a workers' compensation claim, you have come to the right place. Our professional legal team at the Law Office of Richard F. Matthews, Jr. has experience helping the families of workers involved in fatal work accidents obtain the benefits they need to maintain or secure financial stability.

Who Can Claim Death Benefits For Fatal Work Accidents?

Before we discuss what benefits can be claimed, we want to briefly discuss who can claim death benefits for fatal work accidents. In most instances in the state of Alabama, the only people allowed to claim death benefits are close family members of the deceased worker.

Usually, a spouse or children of the deceased claim the benefits, but other family members could be eligible if they can prove they were reliant on the deceased's income. For example, the deceased worker paid for their basic upkeep like rent and food.

How Long Do Death Benefits From Fatal Work Accidents Last?

How long death benefits from a fatal work accident last depends on the state. However, in Alabama, family members can claim death benefits for up to 500 weeks, or just over nine and a half years.

You should note that death benefits can also be stopped if a surviving spouse dies or if they remarry. In addition, surviving children will often stop receiving death benefits when they turn 19 or until the funds are exhausted if the child is disabled.

What Are The Death Benefits For Fatal Work Accidents?

The first thing you need to know is that you must file a claim for death benefits within two years of the fatal accident. If you wait longer than this, you won't be able to obtain the death benefits you could be entitled to.

Some of the death benefits you could be entitled to include:

Burial or funeral costs: In Alabama, you could receive a maximum amount of up to $6,500 for funeral benefits to help you pay for the funeral or burial of your loved one.
Medical expenses: Should your loved one (the person involved in the fatal accident) have received medical treatment before their death, these medical expenses could be covered. The deceased's employer's insurer should cover the medical bills without you needing to pay out of pocket.
Lost wages: One of the death benefits families can claim is lost wages to help them meet financial obligations. In Alabama, a family can claim up to 66 ⅔ percent of the deceased worker's weekly wages they earned before their death. The maximum amount a family can claim weekly is $865, and the minimum benefit limit is $238.

Additionally, should the deceased involved in the fatal work accident have no dependents, their estate will receive $7,500 in lieu of death benefits.

Speak With A Montgomery Workers Compensation Attorney Today To Discuss Your Claim

Obtaining benefits for a fatal work accident on behalf of a deceased loved one can be surprisingly difficult. That's why it's usually best to consider speaking with a Montgomery workers' compensation attorney. An attorney can help you navigate the legal requirements to get you financially stable while you adjust to living life without your loved one.

At the Law Office of Richard F. Matthews, Jr. , we know how challenging workers' compensation claims can be, and we’re ready to help. Please give us a call today or visit us in person to discuss your case.

On-the-Job Vehicle Accidents: What Are Your Rights?

Thu, 25 Aug 2022 15:16:27 GMT

On-the-Job Vehicle Accidents: What Are Your Rights?

The Occupational Safety and Health Administration (OSHA) reports that about 39 percent of fatal workplace accidents involve motor vehicles. Many people drive for work, whether they are behind the wheel all day or simply drive from one work site to another once in a while. Every time an employee is in a vehicle, they are at risk of being injured in a vehicle accident.

If you suffered injuries in an on-the-job car accident, your eligibility for workers' compensation benefits hinges on the facts of when the accident happened and how you were using the vehicle.

Simply put, if you are acting within the line and scope of your employment in your vehicle at the time of the vehicle accident, you are likely entitled to workers’ compensation benefits.

To obtain assistance with an on-the-job vehicle accident claim, you may first want to speak to a workers’ compensation lawyer to learn more about your rights with respect to seeking benefits.

A skilled workers’ compensation attorney in Alabama handles claims that involve:

Accidents that occur while driving a company vehicle
Accidents that occur during in-person sales or marketing calls
Accidents that happen in your car during a work-related activity
Vehicle accidents that happen during construction work
Delivery-related accidents

It is always worth it to seek a consultation to learn about your rights to workers’ compensation benefits.

Filing a Workers’ Comp Claim in Alabama

Workers’ compensation does not apply to companies or institutions that hire common carrier owners/operators, farm laborers, or U.S. or state government employees. Claims in these work venues are separate. If your employer does have workers’ compensation coverage, you must notify them of your accident within five days of the incident.

Alabama workers' compensation law shields your employer from negligence claims resulting from accidents at work. In exchange, you do not have to prove negligence or other wrongdoing to be eligible for workers’ compensation benefits. You can even obtain benefits if your own error led to the crash. This is because workers’ compensation is a no-fault system. If you file a successful claim, you have the right to receive:

Coverage of your medical expenses
Compensation for future medical treatment and expenses
Wage replacement or temporary disability benefits while out of work
Compensation for any permanent impairment that you suffered from the on-the-job vehicle accident

Third-Party Claims

Other drivers can be negligent in many ways, and a negligent driver who caused your accident should be held responsible. While you cannot file a fault-based lawsuit against your employer after a work-related vehicle accident, you might have the right to file a claim against a third party not affiliated with your employer.

When you file a third-party claim, you have the opportunity to seek greater compensation than the workers’ compensation laws provide. This is because a third-party claim allows you to seek damages for pain and suffering and other intangible losses. The Law Office of Richard F. Matthews, Jr., LLC, can advise whether you can file this type of claim or not.

Contact an Alabama Workers’ Compensation Attorney about Your Work-Related Vehicle Accident

If you want to learn more about filing a claim for a work-related vehicle accident, don’t waste any time doing so. The Law Office of Richard F. Matthews, Jr., LLC, is ready to help with the workers’ compensation claim. Contact us online for more information today.

Attorney's Role in Dropping or Dismissing Charges

Thu, 25 Aug 2022 15:16:26 GMT

Understanding Charges Dropped vs Dismissed - Attorney Matt Matthews - Expert Legal Counsel

Can a Lawyer Get Your Criminal Charges Dismissed?... Dropped vs Dismissed?

Criminal cases often feature a large number of twists and turns along the way. A prosecutor may file charges against you, but there are a number of opportunities to have those charges dropped or dismissed before you proceed to trial. If you’re facing criminal charges, you need to speak with The Law Offices of Richard F. Matthews Jr., a Montgomery criminal defense lawyer, about the best legal strategy in your case.

Dismissal of Charges

Many people assume they only have two options in a criminal case - plead guilty or go to trial. However, many cases never make it to a plea or in front of a jury. Instead, the judge overseeing your case might dismiss the case, or the prosecutor might even drop the charge.

There are different reasons for charge dismissals, including that there is insufficient evidence to convict you of the offense. Prosecutors must prove charges beyond a reasonable doubt, and if they cannot, you should not be convicted. If your lawyer demonstrates early in the process there is insufficient evidence, the judge or prosecutor might dismiss the case.

One common reason there is insufficient evidence is when your attorney successfully suppresses key evidence in the case. Evidence should be suppressed when it stemmed from unlawful conduct by police, such as an unlawful traffic stop, search , arrest, or interrogation . When the police violate your constitutional rights, prosecutors should not use any resulting evidence against you, and this often ruins their case. Without the key evidence that is suppressed, it is clear they cannot prove your charges beyond a reasonable doubt, so the case is dismissed.

Some other reasons for charge dismissal include:

Lack of probable cause
Improper charging documents or criminal complaint
Witnesses become unavailable
Lab or law enforcement errors lead to lost evidence

Filing the Proper Motions

Getting charges dismissed requires more than simply asking the judge to throw out your case. Your criminal defense lawyer knows how to file the appropriate pre-trial motions to convince the judge to drop your charges. These include a motion to suppress and motion to dismiss.

To gather evidence to support these motions, your attorney will engage in an investigation regarding the circumstances of your arrest and post-arrest police communications. They know how to identify violations of your constitutional rights, and then use those violations to your benefit in your defense. This is not something that defendants should ever attempt on their own, as there are strict laws and procedures to follow. Allow the right law firm to evaluate whether your charges might be dismissed in your specific case.

Talk to a Criminal Defense Attorney in Alabama

Facing a criminal charge is stressful, and your future is at stake. You want the best possible outcome you can achieve - including a possible being dropped or a dismissal. This is why you need a legal advocate to help you with your defense. Make sure you’re well-represented by a Montgomery criminal defense attorney from The Law Offices of Richard F. Matthews Jr, LLC. Contact our office so we can begin protecting your rights.

How a Criminal Conviction Can Impact Your Future

Wed, 24 Aug 2022 20:43:05 GMT

How a Criminal Conviction Can Impact Your Future

According to statistics, it's believed that between 70 and 100 million Americans have a criminal record. This means that out of every three individuals, one will have been convicted of a crime in the past. Unfortunately, those convicted of a crime have to accept losing many freedoms and liberties that they have undoubtedly taken for granted in the past.

Yet, although most people understand that a criminal conviction can negatively impact one's life, they don't understand the full scope of just how much. That's why in our article, we're going to discuss how a criminal conviction can impact your future.

Should you be facing a criminal conviction, you need to consider speaking with a Montgomery criminal defense attorney before it's too late. We can help you fight the charges you're facing or determine if you're potentially eligible for a dismissal of your charges, completion of a program to have the case dismissed, and ultimately can have your record possibly expunged.

What Are the Four Ways A Criminal Conviction Can Impact Your Future?

Whether you're convicted of a felony or misdemeanor, the aftermath can have long-reaching effects throughout your life. There are numerous ways a conviction could affect your life, and you are likely unaware of them. Below we have discussed a few ways your life would be negatively affected if you're convicted of a crime.

Your Employment Opportunities

Unfortunately, a criminal conviction could limit your employment opportunities and reduce your potential earning power. Often, employers are legally within their rights to investigate your criminal record through a background check.

This means they can choose not to hire you based on their learning, and your prior convictions are shown on your criminal record. It’s been shown that those with felonies and misdemeanors are not hired as often as their counterparts who have never faced a conviction.

In addition, an employer could also ask you directly if you have faced any convictions or criminal charges when interviewing you. You will need to answer truthfully, but you may not need to tell a future employer about arrests (depending on if they ask if you were convicted of a crime instead of if you were arrested) that didn't lead to a conviction or if felonies or misdemeanors were expunged from your criminal record.

Obtaining A Loan

Those convicted of a crime find it more challenging to obtain an auto loan, mortgage, student loan, or business loan. Many lenders will outright reject a loan application if you have a criminal conviction listed. This is because many lenders see a criminal conviction as a reflection of a person's character and ability to repay a loan they borrow.

Securing A Rental Home

Most landlords conduct background checks before they approve a prospective tenant. Some landlords could consider you a credit risk if you have a criminal record or have been convicted of a felony. In addition, if you have been convicted of a sexual offense, your housing options will be even more limited.

Getting Custody Of A Child

Unfortunately, for parents, having a criminal record could reduce their rights regarding custody of a child. Its also almost impossible to get custody of a child if the charge involves violent acts or domestic abuse.

Speak With A Montgomery Attorney Today To Discuss Your Criminal Case

It's evident that there are many ways that a criminal conviction could negatively impact your future. That's why you must consider speaking with a Montgomery attorney who can help you navigate a criminal case. Should you be facing criminal charges or have a criminal conviction on your record, the attorney at The Law Offices of Richard F. Matthews Jr., LLC could be able to assist you. Simply contact us here , or call our office at 334-398-8408 to arrange a consultation.

Industries With High Risks of Injuries

Tue, 23 Aug 2022 22:08:11 GMT

Industries With High Risks of Injuries

Were you aware that employees file approximately 4.9 million workers' compensation claims annually? This is because accidents are common in most workplaces. Yet, certain industries have a greater risk of accidents occurring, and our article will discuss these high-risk workplaces.

We're also going to look at the type of industries workers incur in these high-risk working environments. Additionally, if you have been injured recently as a high-risk industry worker, you can file a workers' compensation claim to seek compensation for your injuries.

Working with a skilled workers’ comp attorney from the Law Office of Richard F. Mathews Jr. will ensure you have an improved chance of obtaining compensation.

What Are The Four Industries With High Risks Of Injuries?

There are primarily four industries with a high risk of injuries in the United States and globally. We have discussed these industries below. Should you work in any of these industries and have sustained injuries, you can speak with us at our firm for guidance about what to do next.

Construction

Unsurprisingly the construction industry, one of the largest industries, experiences high injury rates annually. Employers within this industry must keep workers safe by ensuring strict compliance with safety protocols, but this is not always the case. As such, safety violations are considered one of the primary causes of accidents in the construction industry.

Some common accidents in the construction industry include being caught between objects, falls, and electrocutions. A few of the other common injuries in the construction industry include the following:

Ruptured disc/Back Injuries: Due to the nature of construction in which workers are lifting, pulling, or carrying heavy construction materials and doing laborious jobs, an injury to a worker’s back can be devastating to their ability to earn a living after a work related injury.
Torn ligaments: Many times a worker will hear a popping noise when injured either in a knee, shoulder or in their back. This may mean a disc has ruptured, or a tendon or ligament has torn and these types of injuries can require surgery. Shoulder or knee surgeries can cause a person to have lasting physical limitations that may not allow a worker to return to the job they were doing, especially in the construction field. These injuries can have lasting effects and you have rights to the compensation under the Alabama Workers’ Compensation Act
Broken bones: Since construction work is a laborious field, many workers are exposed to dangerous situations that lead to broken bones. Many suffer from broken legs, arms, wrists, and fingers.
COPD: It's been proven that roofers have a much higher chance of developing COPD because of past asbestos exposure.
Work-related illnesses: Besides physical injuries, workers can suffer from occupational asthma, industrial dermatitis, and HAVS. Welders and painters are at a particularly high risk of developing occupational asthma because of their exposure to airborne particles.

Agriculture

According to the NSC , the agriculture industry is one of the riskiest. This is because those working in this industry are exposed to dangers that many others are not. For example, those working in the agriculture industry have to work among large machines and equipment. Many employees also have to handle harmful chemicals that could lead to injuries.

Its also been determined that agricultural workers are more prone to injury than workers in certain other industries. Moreover, approximately 4.8 out of every 100 agricultural workers are injured while completing a work-related duty.

The common agriculture industry injuries include heavy machinery accidents, livestock accidents, and vehicle accidents with quad bikes and tractors. Many agricultural workers suffer lacerations, crushing injuries, TBIs, chemical exposure burns, broken bones, muscle strains, and more.

Mining

Another incredibly risky industry for injuries is mining. Thousands of mine workers are injured yearly, with numerous fatalities occurring because of cave-ins and explosive accidents. Miners often sustain severe injuries that can leave them with lifelong consequences.

For example, many miners endure coal dust inhalation that can lead to respiratory illnesses. Other miners suffer from temporary or permanent hearing loss thanks to loud noises, blasting, and machinery. Additionally, some miners face chemical hazards that can lead to severe burns.

Healthcare

Arguably, the industry with the most injuries in healthcare. Its believed that approximately 8.3 out of every 100 healthcare workers are injured while completing their work duties.

Many doctors and healthcare professionals are responsible for ensuring the safety of their patients, and this, unfortunately, often means pushing their safety concerns for themselves to the wayside. This is why many healthcare workers suffer from slips and falls, violent patient attacks, disease contraction, needlestick injuries, and stress.

Additionally, nurses, in particular, are most at risk of injury because their job involves hand on patient care daily. As such, nurses often suffer from cuts, sprains, broken bones, exhaustion, fatigue, stress, and various musculoskeletal conditions.

Get In Touch With A Montgomery Workers’ Compensation Attorney Today To Discuss Your Case

If you have suffered an injury at your workplace, you should consider speaking with a Montgomery workers’ compensation attorney. The Law Office of Richard F. Mathews, Jr. is equipped with the skills and knowledge needed to better your chances of filing a successful worker's compensation claim. So get in touch with us today to schedule a free consultation.

What is Self-Defense?

Wed, 03 Aug 2022 20:38:16 GMT

What is Self-Defense?

When it comes to self-defense in Alabama, there are laws in place where you do have the right to stand your ground. If you need to present self-defense in response to criminal charges, it is imperative that you have representation from the right Montgomery criminal defense lawyer.

The Stand Your Ground Law in Alabama

According to this law, which was passed back in 2006, as long as (1) you are not the aggressor, (2) you are somewhere where you have the legal right to be, and (3) you feel fear of injury or harm to yourself or someone else in the vicinity (such as a family member or child), then you have the right to use as much force as you feel is necessary in that moment to protect yourself.

A person has the right to use whatever is the reasonable amount of action to stop something such as a home break-in. If, for example, there is a child or children in that home when burglars break in, a parents’ natural reaction would be to eliminate the threat - however they decide to go about doing it.

Unfortunately, sometimes that amount of force is deadly. This is an occurrence that our seasoned Montgomery criminal defense lawyers have seen in our community on several different occasions over the years. Seeking legal help before charges are issued might even eliminate the charges against you altogether.

Examples of Self-Defense Cases in Alabama

Self-defense is a complicated legal defense to allegations of violent offenses, such as assault, aggravated assault, or homicide. There are requirements for a successful self-defense claim, including that you were not engaging in unlawful conduct at the time of the altercation. Even if you know you were only protecting yourself or your family, the prosecutor can challenge this assertion, and you can face an uphill battle to defend yourself.

If you are arrested because you used force against someone else and they suffered injuries or died, you might assume that your defense is clear. However, you must present self-defense in an appropriate way, and this might lead a prosecutor to drop charges or decide not to prosecute to begin with. As soon as you are arrested, do not make any statements and request to have an attorney before you speak to any law enforcement. You should reach out to an experienced criminal defense lawyer immediately. We can begin working on your defense as soon as possible.

Never risk a wrongful conviction for a violent crime because you could not prove self-defense. Seek help from a trusted legal team today.

Contact Your Local Montgomery Criminal Defense Attorneys

In a case of self-defense, a Montgomery criminal defense lawyer will review all the details of your case, then do everything in their power to prove that your actions were protected and legal under the law. We believe in your right to defend yourself, and we will help in the event you face criminal charges.

If you or someone you know has recently been arrested and accused of a violent offense, then don’t hesitate to contact the Law Office of Richard F. Matthews, Jr. to call 334.398.8408.

Heat-Related Injuries on the Job

Mon, 01 Aug 2022 18:58:01 GMT

Heat-Related Injuries on the Job

There are several different kinds of injuries that can come from being exposed to too much heat. An umbrella term to describe these injuries is “heat stress.”

The Centers for Disease Control and Prevention reports that heat stress can result in many different occupational illnesses and injuries. If you suffer a heat-related injury on the job, you should speak with a Montgomery workers’ compensation lawyer right away.

Common Heat-Related Injuries in the Workplace

Some examples of jobs that are high risk for heat-related injuries include:

Construction workers
Farmers
Indoor factory workers
Restaurant kitchen workers

More specifically, heat stroke, heat exhaustion, heat rash, and heat cramps can be experienced by anyone who works outdoors - or in very high-temperature indoor areas - for long periods of time.

Heat Rash

Heat rash happens when there is too much sweat trapped underneath the skin and commonly occurs when workers are exposed to muggy, hot areas for extended periods.

According to the Mayo Clinic , when adults have layers of clothing that rub the skin excessively, then those parts of the body can easily develop a heat rash. This is especially true if the person is in direct sunlight for large portions of the day.

Heat Cramps

These can be experienced by workers who do a large amount of heavy lifting in hot weather, or if they are suddenly exposed to working in a hot environment that their body isn’t accustomed to being in.

Heat cramps can be very painful, and the exact cause of them isn’t quite known. But, experts report that this condition can be linked to a heat-related chemical imbalance that causes muscle(s) to become cramped and uncomfortable when and if a person loses a lot of sweat, which itself contains large amounts of sodium.

Heat Exhaustion

If a person has been working in the heat for a long while and suddenly they appear to stop sweating, this is a sign of oncoming heat exhaustion. Sweating is what actually cools our bodies down, and when a person becomes dehydrated, they don’t have the electrolytes they need to continue perspiring.

Heat Stroke

Sometimes confused with heat exhaustion, heat stroke is a more serious condition that needs medical attention immediately. This is when a person has been out in the heat so long that their body can’t regulate its own temperature. Being able to recognize the symptoms (increased heart rate, fainting, nausea, vomiting, and bodily weakness) could mean the difference between life and death.

No matter what type of heat-related injury you suffer at work, if you need medical care, you deserve workers’ compensation benefits. Obtaining benefits for a heat-related condition can be more complicated than you might think, and the right legal help is important.

Call Your Montgomery Workers’ Compensation Attorney

Employers should take steps to protect workers from heat stroke and other serious medical conditions. If you need medical care or time away from work due to heat stroke or a similar condition, contact the Law Office of Richard F. Matthews, Jr. Our Montgomery workers’ comp lawyer is ready to help.

Are Illnesses Covered by Workers' Compensation?

Tue, 05 Jul 2022 20:30:34 GMT

Are Illnesses Covered by Workers' Compensation?

By definition, occupational diseases refer to diseases contracted as a result of a particular type of work or work environment. Employees who have developed an illness as a result of their employment may file for workers' compensation benefits. Similar to workers' compensation cases where an employee has been injured on the job, those with occupational diseases will need to prove that their conditions are the result of their job or workplace environment.

Being represented by an experienced Montgomery workers’ compensation attorney wi ll help with the process, as proving your eligibility for benefits for an illness can be challenging.

Proving the Illness is Work-Related

In workers' compensation law, occupational diseases are distinguished from ordinary diseases of life. For example, a person suffering from lung cancer must prove that their occupation caused the cancer.

In cases where the medical link is well established and exposure away from work is rare, it can be relatively straightforward to establish that conditions at work cause traditional occupational diseases. An asbestos remover with mesothelioma or a coal miner with pneumoconiosis might find themselves in this position.

A work-related disease can be harder to prove if it is considered to be an ordinary disease. To prove that the employee's workplace exposure caused or contributed to the illness, the employee will need convincing medical evidence presented by an experienced workers’ compensation lawyer.

If an employee can prove their illness or disease stemmed from their work, they are eligible to receive the same benefits as those who suffer from on-the-job injuries, including coverage of all medical costs and disability payments if they must be out of work.

Diseases Covered Under Workers' Compensation

Occupational diseases that workers might develop on the job include:

Coronary artery disease
Chronic obstructive pulmonary disease (COPD)
Coal workers' pneumoconiosis (black lung disease)
Blood-borne illnesses
Eczema caused by occupational dermatitis
Loss of hearing
AIDS/HIV
Infections such as asbestosis, bronchitis, and tuberculosis

Since many of these illnesses are associated with poor diet, smoking, or other lifestyle factors, many workers are unaware that exposure in the workplace leads to the illness until it is too late. As a result, it is important to speak openly with a lawyer to inform them of any workplace hazards you encountered at work that led to your illness.

Contact a Montgomery Workers’ Compensation Lawyer Today

Getting workers’ comp benefits for an occupational illness can be a complicated process, and insurance companies regularly challenge this type of claim. While you might know your illness is work-related, the insurer will want extensive evidence proving how and why you contracted the illness related to your job duties. This is a process best handled by an experienced attorney.

The workers' compensation claim process isn't something you should battle on your own - especially when you are receiving treatment for an illness. You need an experienced lawyer leading you through every step and supporting your case. Contact the Law Office of Richard R. Matthews, Jr. today, and we will handle the rest, putting your mind at ease.

Can You Avoid Jail Time for a Criminal Conviction?

Wed, 29 Jun 2022 03:43:57 GMT

Can You Avoid Jail Time for a Criminal Conviction?

It may be more difficult for a defendant to get back on their feet after spending time in jail. Any amount of jail time can disrupt your life, as you might lose your job and have a more difficult time finding a new one due to having a criminal record.

The appropriate penalty for a criminal conviction is not always imprisonment, especially when drugs or alcohol are involved. Through certain programs and help from a defense attorney, an individual might not have a one-time error lead to a lifetime of punishment. Treatment programs, diversion programs, and deferred prosecution are all alternatives to incarceration or a conviction, as well as seeking the dismissal of charges.

Contact a Montgomery criminal defense lawyer for a case evaluation if you are facing criminal charges. We help our clients avoid jail time whenever possible.

Criminal Convictions and Jail Time Alternatives

In most cases, when an individual is accused of a crime, the prosecutor will attempt to secure a conviction for one or more charges. The offender might be sentenced to jail time, fines, and other penalties for this crime, which will appear on their criminal record. However, this approach might result in overly harsh consequences that can ruin your life.

Instead of a criminal conviction or jail time, there are alternatives. Montgomery County - and other counties in Alabama - have pre-trial diversion programs that some defendants can be accepted into. If the defendant meets all the conditions of the program and completes it, they can walk away without spending time in jail - or even a conviction on their record.

A defendant has to be eligible for a diversion program before participating, and many first-time offenders charged with nonviolent offenses can be eligible. Some minor drug and alcohol-related offenses most commonly lead to pre-trial diversion eligibility.

A defense lawyer can thoroughly explain the program to you, including the requirements for completing the program and the consequences of not completing it. We will then petition the court on your behalf for acceptance into the program.

If a defendant wants to participate in pre-trial diversion and is eligible, the court may require them to plead guilty to the crime, pay a fee or fine, and successfully complete the diversion program. The court may dismiss the case after the individual successfully completes the program, and a conviction will not be registered on their record. Failure to complete the program may result in immediate sentencing for the crime, which might include jail time.

Avoiding Jail and Prison After a Conviction

Just because a crime has the potential for jail time does not mean you will have to serve time. Even if a person pleads guilty or is found guilty, the judge may have a lot of discretion in sentencing. Other options include:

Restitution and fines,
Monitors (ankle bracelets),
Confinement at home,
Probation,
Community supervision, or
Treatment for substance abuse.

Discuss Alternatives to Conviction with a Montgomery Criminal Defense Lawyer

Never wait to seek legal help if you are facing criminal charges. Contact the Law Office of Richard F. Matthews, Jr. today for an initial case consultation and find out more about potential alternatives to jail time.

Penalties for Theft Convictions in Alabama

Tue, 14 Jun 2022 00:26:04 GMT

Penalties for Theft Convictions in Alabama

If you or someone you know has been charged with theft in Alabama, it's a good idea to know the potential consequences of a conviction. Even minor theft offenses can lead to costly penalties, so it is always critical to seek the legal help you need to minimize or eliminate such penalties. After an arrest for theft, speak with a Montgomery criminal defense attorney as soon as possible.

Theft Charges and Penalties

Alabama law sets out different charges and penalties for theft, depending on the specific allegations someone faces.

First-degree theft is the most serious theft offense, and it applies to the theft of property valued at $2,500 or more, or the theft of a motor vehicle, regardless of its value. It is a Class B felony, which means those convicted could face significant jail time of two to twenty years in prison.

Theft of property in the second degree occurs when the property stolen is valued between $1,500 and $2,499. Theft in the second degree is a Class C felony and carries a penalty of between one and ten years of imprisonment. Theft in the second degree can also be charged if the property stolen is a firearm, livestock, or a controlled substance, such as prescription medication.

Theft of property in the third degree is a class D felony, and it involves the theft of property valued between $500 and $1,499. It carries with it a penalty of between one to five years in prison.

Finally, theft in the fourth degree, also known as “petty theft,” is the theft of any property valued at less than $500. It is classified as a Class A misdemeanor and punishable by up to a year in jail.

In addition to theft of property, the above charges and potential penalties apply to theft of services based on the value of the services allegedly stolen.

Other Consequences of Theft Convictions

Even if you are not sentenced to imprisonment, a theft conviction can have many other consequences. You might have to comply with strict probation conditions for some time if you avoid jail time. Theft convictions can come with costly financial penalties, including fines, restitution to victims, court costs, and other assessments.

Having a theft conviction on your criminal record can also impact your future. Many employers will not hire people with theft convictions, as it indicates potential trust issues. You might not qualify for professional licensure or employment in fields involving the management or handling of other people’s property or money. These consequences can limit your future, so you want a lawyer working to avoid a conviction on your record whenever possible.

Call Us Today to Speak with a Montgomery Criminal Defense Lawyer

At the Law Office of Richard F. Matthews Jr ., we are committed to protecting the rights of people accused of theft crimes and will work to defend against all types of theft-related charges. To get in touch with an experienced criminal defense attorney, call us at 334.398.8408 or contact us online right away.

Disability Benefits Under Workers' Compensation

Tue, 14 Jun 2022 00:14:38 GMT

Disability Benefits Under Workers' Compensation

When you are injured at work, there is a good chance that you are entitled to benefits under Alabama's workers' compensation program. Employers with five or more employees are required to carry workers' compensation insurance , and this insurance provides injured employees with benefits for their medical expenses and lost income. When workers suffer a disabling injury, they may also be eligible for temporary or permanent disability benefits.

Getting the disability benefits you deserve under workers’ compensation can be a challenge, and you are already dealing with enough stress. Allow a Montgomery workers’ compensation lawyer to handle your workers’ comp disability claim.

Disability Coverage

If the employee has a temporary disability due to a workplace injury that prevents them from returning to work, another set of benefits kicks in. Workers' compensation insurers might need to issue temporary disability payments to compensate the employee for lost wages suffered due to their injury. This is true whether the temporary disability is total - meaning the worker cannot perform any work - or partial, which means the injury causes them to perform less work than usual.

If the injury sustained by the employee results in a permanent partial or total disability for the worker, prohibiting them from ever returning to their occupational position or from returning to work whatsoever, permanent disability benefits should be paid to that employee. These benefits can continue indefinitely for the employee’s working life or until they reach an insurance settlement agreement.

How Much Can You Receive?

Disability benefits from a workers’ compensation program will depend on the duration of the injury, its impact on the employee's ability to return to work, and the employee’s prior earnings. These benefits will vary widely from case to case. Always have a workers’ compensation attorney review your benefit package to ensure you are receiving the full amount you deserve under your specific circumstances.

If you have a long-term disability, the insurance company will likely make a settlement offer instead of continuing to pay monthly benefits for years to come. A lump-sum settlement should be enough to cover your future medical care and lost wages, but the insurance company will often begin with a low offer.

Never accept any settlement for workers’ comp disability without first consulting with an attorney. If you receive an inadequate settlement, you can be responsible for any future costs or losses that the settlement did not cover. You never want to find yourself in this situation, so always seek the legal guidance you need.

Call Us Today to Schedule a Consultation with a Montgomery Workers' Compensation Lawyer

At the Law Office of Richard F. Matthews Jr ., we have helped injured workers obtain the full benef its they are entitled to under workers’ compensation laws. We help clients receive the necessary benefits to relieve the financial stress of a disabling injury, whether the disability is temporary or permanent. To schedule a consultation with an experienced Montgomery workers’ comp attorney, visit our website online or call us at 334.398.8408 today.

When An Arrest Is Unlawful

Tue, 14 Jun 2022 00:05:44 GMT

When An Arrest Is Unlawful

Police officers can sometimes get carried away with the authority they are given and act beyond the scope of what is permissible, and this includes making unlawful arrests. The Fourth Amendment of the United States Constitution prohibits unreasonable search and seizure, including the seizure of your person due to arrest.

When police officers violate your rights, it can help to defend against any subsequent criminal charges you might face. This requires complex legal analysis and arguments to the court, however, so you want to have an experienced criminal defense lawyer in Montgomery evaluating what happened and presenting your defense.

Probable Cause

The police cannot arbitrarily arrest a person based on a mere hunch of criminal activity. While they may be allowed to perform what is called a “terry stop” or “stop and frisk” with reasonable suspicion, they may not make an arrest unless they meet the applicable standard of probable cause.

The United States Supreme Court has defined probable cause to exist "where the facts and circumstances within the officers' knowledge, and of which they have reasonably trustworthy information, are sufficient in themselves to warrant a belief by a man of reasonable caution that a crime is being committed."

Essentially, this means the officers must have direct knowledge - and more than a mere suspicion - based on articulable facts or information they’ve based their choice to make an arrest on. An arrest without probable cause is unlawful.

Warrants

When an officer has probable cause and the opportunity to pursue a warrant, they must submit an affidavit with the probable cause statement to the court. The judge must issue an arrest warrant, and then the police can make an arrest based on the warrant.

You may realize that warrantless arrests happen all the time - such as during a traffic stop or if the officer witnesses someone in a criminal act. If there is no opportunity to obtain a warrant, the officer can make an arrest as long as they can show:

Probable cause
There was a legal justification for the warrantless arrest

If an officer makes an arrest without a warrant or meeting the above requirements, the arrest is unlawful.

Traffic Stops

Traffic stops are a common origin for warrantless arrests, especially for offenses like driving under the influence or driving with a suspended license. For this type of arrest to be lawful, the initial traffic stop must also be lawful. This means the stop was based on the reasonable suspicion the driver violated the law. If the traffic stop is unlawful, so is any subsequent arrest.

Discuss What Happened with a Montgomery Criminal Defense Lawyer

The Law Office of Richard F. Matthews Jr. is experienced in handling instances of unlawful arrests in the Montgomery area. We will represent you if you’ve been a victim of unlawful arrest by a police officer acting beyond his given authority. We will use an unlawful arrest to get charges dismissed whenever possible. Don’t hesitate to contact us today, either online , or by calling 334.398.8408.

Can You Handle Your Own Worker’s Compensation Claim?

Wed, 01 Jun 2022 23:59:36 GMT

Can You Handle Your Own Worker’s Compensation Claim?

If you need to file a workers’ compensation claim after a job-related injury, there is no legal requirement that you hire a lawyer to assist you. However, having the right legal assistance is always beneficial, and there are several scenarios when it is critical to have a workers’ comp attorney representing your rights.

How a Workers’ Compensation Lawyer Can Help

Your employer’s workers’ compensation insurer is the one that grants your benefits. Like any insurance company, the insurer will likely try to limit the amount it pays out on claims. This means you might face obstacles, delays, or denials during your claim. The insurance company can use many tactics to limit or deny your benefits, including:

Challenging the cause of your injury or illness
Questioning whether all of your medical care or missed work was necessary

If you unintentionally say the wrong thing or the insurance company believes you do not need all the benefits you claim, it can be stressful and put you in a difficult financial situation.

Having a workers’ compensation lawyer handling the process can minimize the challenges you have to deal with. Your lawyer will handle all communications with insurance adjusters to ensure you do not accidentally say something that can jeopardize your claim. If the benefits or settlement offered are too low, your attorney can negotiate for the full benefits you deserve.

Overall, having a lawyer will ease your stress and allow you to focus on recovering from your injuries and continuing your medical treatment. This peace of mind is often more than worth hiring a lawyer.

When You Should Always Call a Lawyer

While it is recommended to have legal help for any type of workers’ compensation claim, there are situations when having an experienced workers’ comp lawyer is imperative to ensure you receive your rightful benefits. Some of these situations include:

Your workers’ compensation claim was denied
The insurance company will not cover all your medical expenses
The insurer cut off your benefits while you are still disabled
You were offered a settlement to replace ongoing disability benefits

If you experience any of the above, you should immediately reach out for legal help.

Importantly, you should never accept a settlement from an insurer without first consulting with an attorney. Insurance companies regularly offer lower settlements than necessary, and too many injured workers accept them. A settlement might seem like a fair offer when, in reality, it is not adequate to cover your future losses. Always have a lawyer review any settlement offers.

A Montgomery Workers’ Compensation Attorney Can Help

If you need to file a worker’s compensation claim in Alabama, you should never wait to contact a skilled Montgomery worker’s compensation attorney. At the Law Office of Richard F. Matthews Jr. , we have experience handling all steps of the claim process. After an injury, leave the insurance negotiations and communications to us.

What is the Difference Between a Misdemeanor and a Felony?

Tue, 17 May 2022 15:03:52 GMT

What is the Difference Between a Misdemeanor and a Felony?

If you have any experience with the criminal justice system or have watched shows or movies that deal with crime, you’re likely familiar with the terms misdemeanor and felony. A felony is a more serious offense than a misdemeanor and often results in significantly more serious penalties. The fact is that both are serious legal matters, and if you have been accused of any crime, you should contact a Montgomery criminal defense attorney as soon as you can.

Potential Sentences for Convictions

One major difference between misdemeanor and felony offenses is the potential sentence you might face for a conviction. First, misdemeanor convictions cannot result in more than one year in county jail. The possible sentence for Alabama misdemeanor convictions are:

Class C misdemeanor = Three months in jail and fines up to $500
Class B misdemeanor = Six months in jail and fines up to $3,000
Class A misdemeanor = One year in jail and fines up to $6,000

The sentences for felony offenses do not have such limitations and, therefore, can be much more serious. Possible penalties for felony convictions in Alabama include:

Class D felony = One to five years in state prison and fines up to $7,500
Class C felony = One to ten years in state prison and fines up to $15,000
Class B felony = Two to 20 years in state prison and fines up to $30,000
Class A felony = Ten to 99 years (or life) in state prison and fines up to $60,000

Because the penalties can involve more than a year of imprisonment, a prosecutor must succeed at a preliminary hearing or grand jury proceeding to pursue a felony charge. A defendant might also waive the right to a preliminary hearing, but this is something to always discuss with an attorney.

A Felony Can Result in More Serious Collateral Consequences

A criminal conviction can result in collateral consequences, which are the consequences you experience as a result of a criminal conviction appearing on your record. Common examples of collateral consequences include problems getting a job, renting an apartment, or obtaining a professional license. While it’s certainly true that a misdemeanor conviction can result in serious collateral consequences, a felony conviction can have an even more significant impact on your life.

For example, a felony conviction can completely disqualify you from certain types of employment and may result in the loss of your right to vote. In addition, some employers may overlook a misdemeanor conviction, but would not do the same for a felony conviction.

Seek Help from a Montgomery Criminal Defense Lawyer Right Away

If you are facing allegations of criminal misconduct, you should contact an attorney right away - regardless of whether you are accused of a misdemeanor or a felony. A conviction for either could result in significant legal consequences that could affect your life for years to come. To schedule a consultation with a criminal defense attorney in Montgomery, call The Law Office of Richard F. Matthews, Jr. Attorney at Law or contact us online .

Common Reasons for Workers’ Comp Denials

Mon, 16 May 2022 22:32:45 GMT

Common Reasons for Workers’ Comp Denials

Under Alabama law, most employers are required to carry workers’ compensation insurance that provides employees with benefits if they are injured in an on-the-job accident. In addition, this insurance will provide benefits if a worker develops an illness or medical condition as a result of their working conditions.

Unfortunately, many workers’ compensation claims are denied. Some of the most common reasons are explored below, and if you have recently had a claim denied, you should contact a Montgomery workers’ compensation attorney as soon as you can.

Failing to Notify Your Employer

Alabama workers’ compensation laws require an employee to notify their employer of an injury or medical condition within five days. This is a very short timeframe, especially when you are dealing with the aftermath of an injury and undergoing medical treatment. However, if you do not notify your employer by this deadline, the workers’ compensation insurance company can deny your claim.

Your Injury Was Not Work-Related

The primary requirement to be eligible for workers’ compensation benefits is that your injury or illness happened or stemmed from the course of your employment. Insurance companies often try to characterize an injury as not work-related in an attempt to avoid paying benefits. For example:

If you claim you injured your back at work, the insurer might allege that your injury happened while doing household chores.
You suffered injuries in a car accident while driving to another worksite, but the insurance company claims you made a personal stop, so it was not part of your employment.

You want help from a lawyer to prove that your injury was work-related and that you deserve workers’ comp benefits.

Pre-Existing Conditions

If you have pre-existing medical conditions, the insurance company might try to deny your claim. For example, if you had back problems and previously received treatment, then you re-injure your back at work, the insurer might claim this is all the same previous injury. You must provide proof that your work-related injury is distinct and separate from your pre-existing injury. You can also show that the workplace incident worsened a prior injury, leading to the need for medical treatment that you otherwise would not have needed.

Employee Misconduct

If an injury stemmed from the injured employee’s own misconduct, the insurance company will likely deny the claim. For example, if an employee is under the influence of alcohol and drugs, and their intoxication leads to an accident and injuries, the insurance company will deny workers’ compensation benefits. Sometimes, employers might claim an employee’s misconduct was to blame - when in reality, there was another cause of the accident.

Speak with a Montgomery Workers’ Compensation Attorney

The Law O ffice of Richard F. Matthews, Jr. Attorney at Law handles workers’ compensation claims and appeals for injured workers in Montgomery and the surrounding areas. If you need help filing a claim, we are ready to assist. If you learn that your workers’ comp claim was denied, never delay in seeking legal help from our firm. Contact us today for more information.

Is Drug Possession A Serious Charge?

Tue, 15 Feb 2022 22:22:07 GMT

Is Drug Possession A Serious Charge?

Drug possession is not a uniform offense. Charges related to drug possession range from minor possession to drug manufacturing and trafficking, and more serious drug-related charges can carry long prison sentences. Any drug possession charge has the potential to disrupt the offender’s life.

Contact the Law Office of Richard F. Matthews, Jr. right away if you have been arrested for any type of drug-related offense. Reach out to learn more about the criminal defense services we offer and how we can work hard to protect your future while we enforce and defend your constitutional rights.

Drug Diversion Programs And Drug Court

The specific charge must be analyzed first, but diversion programs are often available to criminal defendants arrested and charged with drug possession. Some defendants can complete a drug diversion program and have charges dismissed as long as all the requirements are met.

Other drug offenders may be able to serve a period of time in a drug treatment facility rather than prison or jail. Offenders may be given the option of having a conviction dismissed upon successful completion of the drug treatment program.

Prior offenses can complicate your case. If you have multiple convictions for drug possession or are currently serving parole or probation, you may find it more difficult to have the charges filed against you dismissed. During plea negotiations or sentencing , your criminal history will be relevant to both the prosecuting attorney and the judge.

It is important that you retain legal representation when you are facing any drug possession charge, as we can identify all possible options in your case, including diversion programs or plea agreements. We are also ready to defend you in court if necessary.

Drug Possession Is A Serious Charge

All drug possession charges can result in serious consequences in Alabama. You do not have to possess street drugs like hallucinogens or cocaine to be charged with drug possession. Prescription drugs are included among regulated substances in the State of Alabama, and if you are found with a regulated prescription but have no prescription, then you can face allegations of violating the law.

An arrest for drug possession does not require that you have actual possession of the drug. If the substance is discovered in a place where you have custody or control of the area, then you can be arrested and charged with drug possession, even if you did not know the drug was present in the area.

For example, an individual can be arrested for drugs a roommate keeps inside the house. You should speak to an experienced criminal defense attorney if you think you are in a position where you could possibly be charged with drug possession, as you want to avoid any arrest or charges related to drug possession whenever possible.

Contact a Montgomery Criminal Defense Lawyer Today To Schedule A Free Consultation

Contact the Law Office of Richard F. Matthews, Jr. today to schedule a free consultation about your criminal charges. You need to speak to an experienced criminal defense attorney if you are facing criminal char ges related to drug possession, so please call the office at 334-398-8408 to learn more about the legal services we offer.

Get The Medical Care You Need Right After A Work Injury

Tue, 01 Feb 2022 22:16:16 GMT

Get The Medical Care You Need Right After A Work Injury

One of the most important steps you need to take after suffering a workplace injury is to seek the medical care you need. Obtaining medical care will help you recover, and it will also establish a record of your injuries and the causes of those injuries. Workers’ compensation cases can be complex, and it will help your case if you seek medical care immediately after your injury.

Contact the Law Office of Richard F. Matthews, Jr. to schedule a free consultation to discuss your workplace injury and your legal rights. As soon as you get immediate medical attention and treatment, call the office at 334-398-8408 to learn more about the legal services we offer for injured workers.

Report The Workplace Injury Immediately After The Accident

You must report your workplace injury within five days of the date of injury, but it is best to report your injury immediately. Contact a manager or supervisor as soon as you can and tell them you've suffered an injury and need treatment. Do not wait around and lose your ability to file a claim. You need to begin documenting your workplace injuries and your treatment as soon as possible after being injured.

Seek Medical Care

You must seek quality medical treatment so you can get a timely diagnosis and begin recovering from your injuries. Licensed physicians can diagnose and treat your injuries while producing medical records and bills that will help you substantiate your claims. Your employer may request that you see a physician within a specific network rather than your primary care physician.

Follow-Up Appointments

Keeping follow-up appointments and reporting to them on time is important for your health and your case. You need to establish good relationships with your physicians and keep up with all of your prescribed treatment. Insurance claims adjusters may try to challenge certain aspects of your claim if you miss medical appointments.

Workers’ Compensation is a No Fault System

Workers’ compensation is a no-fault system, and benefits are paid for treatment of work-related injuries regardless of who caused the accident.

Injured workers should retain a workers’ compensation attorney to assist them with their workers’ compensation claim. Employers are not permitted to discriminate or retaliate against employees for claiming an injury or hiring a workers’ compensation attorney, and an attorney can help ensure you receive all the benefits you need for your treatment and lost wages.

C ontact a Montgomery Workplace Injury Lawyer To Schedule A Free Consultation

Never ignore a workplace injury or try to “tough it out.” Doing so can jeopardize your claim for benefits. Instead, get immediate medical attention to protect your health and your legal rights.

Contact the Law Office Of Richard F. Matthews, Jr . today to schedule a free consultation once you receive the initial treatment you need. Call the office at 334-398-8408 to learn more if you were injured at your place of work. We can protect your rights.

Are There Products In Your Home That Might Be Defective?

Mon, 17 Jan 2022 14:00:03 GMT

Are There Products In Your Home That Might Be Defective?

Our homes should be safe spaces where our family members and friends can relax and live their lives with minimal risk. We protect our homes by purchasing products that we believe will not pose a danger to our children or ourselves.

Unfortunately, some household products cause injuries because they are unreasonably dangerous or defective. If you or a family member suffered bodily injury due to a defective household product, contact a Montgomery personal injury lawyer right away. Reach out to The Law Offices of Richard F. Matthews, Jr . today to schedule a free consultation, so we can discuss the facts of your case and advise you on how you can enforce your legal rights.

Common Household Items Can Be Dangerous

Companies that manufacture household goods are supposed to take necessary steps to make sure they do not have design defects or manufacturing defects. However, some defective items make it through safety procedures and end up sitting on a retailer’s store shelf. Often, these products are not recalled until several reports of injuries have been received by the manufacturer.

Certain types of household goods are more likely to be defective. The following are some of the potentially dangerous household items that may be in your home:

Food products
Medical devices
Medical equipment
Prescription drugs
Toys for children
Baby seats
Cribs
High chairs
Exercise equipment
Power tools
Household appliances
Electronics

Customers can be harmed by these products when safety procedures do not keep defective goods from reaching retailers and consumers. The risks posed by common household goods can be difficult to discern because you might see and use these items every day. Do not forget to be vigilant about the products in your house and make sure that any obvious dangers are addressed before someone in your family suffers serious bodily injury.

The Options Available To You If You Suffered Injury Due To A Defective Household Product

You may be able to bring a product liability case against a distributor, manufacturer, designer, or even a retailer for injuries from defective products. Multiple parties might be involved in products liability suits, and you should retain a personal injury attorney with experience representing clients in products liability cases.

You may be able to recover the following types of compensation if you prevail in a products liability case:

Lost earning capacity
Bodily disfigurement
Mental suffering
Physical suffering
Medical costs
Rehabilitation costs
Property damage

The statute of limitations for products liability lawsuits in the State of Alabama civil courts is two years from the date the injury is discovered or should have been discovered. Calculating your damages can be a complex endeavor, and, therefore, it is imperative that you retain an attorney so you can maximize any possible settlement you may receive when your product liability case is resolved.

Contact a Montgomery Personal Injury Attorney Today To Schedule A Free Consultation

Contact the Law Office of Richard F. Matthews, Jr . today to schedule a free consultation, during which we can discuss the facts of your case. You never want to go up against large manufacturing corporations on your own - instead, call our Montgomery, Alabama office today at 334-398-8408 to learn more about the legal services we offer.

What To Do If You Are Arrested

Mon, 03 Jan 2022 22:44:45 GMT

What To Do If You Are Arrested

If you are arrested, you need to understand how to protect your legal rights and your future. Your constitutional rights are important, and you also want to make sure that you do not receive a wrongful conviction or overly harsh penalties for your charges. The best way to do this is by seeking the right defense assistance immediately following an arrest.

If you have been arrested and need a criminal defense attorney, contact the Law Office of Richard F. Matthews, Jr. for the help you need.

Understand Your Rights

If you are arrested for either a misdemeanor or felony offense, it is critical to know your rights. These rights apply in all U.S. states and are codified in the United States Constitution, and many rights are at issue during and after your arrest.

First, the right to remain silent gives you the ability to refuse to speak to police officers. You do not have to answer any questions about the alleged crime or anything material to the offense. If you are arrested, you should immediately invoke your right to remain silent.

Second, you have a right to know why you are being arrested. Law enforcement officers must explain to you the reasons for your arrest. You have a right to examine and read a warrant if a warrant was issued for your arrest. Do not try to resist arrest, however, even if you believe the arrest is erroneous, as this can lead to further charges and issues.

Third, you have a right to an attorney. You are not obligated to answer questions without having an attorney present at any police questioning. An attorney should always be present before you answer any questions regarding the investigation or crime for which you were arrested.

It is also advisable to remain calm while you are being arrested and booked. You do not want to incur additional charges related to resisting arrest. Being calm while you are being arrested will also help you remember to invoke your right to remain silent and your right to an attorney.

If law enforcement officers want you to participate in a lineup or a testing procedure, you also need to make sure that your attorney is present. You have a constitutional right to have an attorney present during these procedures.

If the judge requires bond for your release while your case is pending, always speak with a lawyer right away. A skilled defense attorney can argue at a hearing for a reduced bond or even to have you released on personal recognizance without any bond at all.

Contact a Montgomery Criminal Defense Lawyer Today To Schedule A Free Consultation

If you have been arrested for a crime, contact the Law Office of Richard F. Matthews, Jr. to day to schedule a free consultation, during which we can discuss the facts of your case. Call our office in Montgomery, Alabama, at 334-398-8408 to learn more about the legal services we offer. Do not be intimidated by law enforcement officers or risk your rights being violated - reach out to our office today and protect your rights.

Proving Blame For Your Slip And Fall Accident

Wed, 15 Dec 2021 13:00:09 GMT

Proving Blame For Your Slip And Fall Accident

About one million emergency room visits each year in the U.S. stem from slip and falls. You may slip and fall and suffer injuries while shopping in a grocery store, big-box store, or department store. These falls also happen in hotels, apartment complexes, and many other locations. If another party was to blame for your accident, they should also be liable for covering your losses.

Slip and fall cases are all unique, and you need to make sure that you receive the compensation you deserve for your specific injuries. Hiring a personal injury attorney will help you gather the evidence you need to substantiate your claims and demand the financial compensation you need to cover your losses.

Contact a Montgomery slip and fall accident lawyer today to schedule a free consultation. Hiring a personal injury attorney can give you time to heal from your injuries while your attorney orders medical records, negotiates with insurance companies, and handles the entire legal process for you.

When Is The Business To Blame For My Injuries?

Companies must make sure that business invitees are safe from dangerous conditions, and a business may be liable for a slip and fall if management or staff allowed certain slip and fall hazards to exist. Perhaps they failed to address a slippery floor or did not clean up spilled items. They also may not properly place a sign on the floor to warn patrons that dangerous conditions exist and to use caution. All of these failures can constitute negligence and lead to liability for slip and fall injuries.

Proving Liability

The relationship between a property owner and the injured person determines whether the property owner owed the injured victim a duty of care. If the injured victim was not trespassing, then he or she is owed a duty of care while on the property.

Property and business owners usually must make a good faith attempt to fix any dangerous conditions on the premises. An injured victim often has to prove that a property owner possessed knowledge of dangerous conditions and did nothing to remedy the conditions.

Slip and fall cases all involve different factors that make each one unique, and you want an experienced lawyer to assess your situation and advise how your case might resolve. Proving fault can be more difficult than you’d imagine, so you want the right legal representation following a slip and fall.

Contact a Montgomery Slip and Fall Accident Attorney Today To Schedule A Free Consultation

Contact the Law Office of Richard F. Matthews, Jr. today to schedule a free consultation so we can learn more about your slip and fall case. Many businesses and their insurance companies can deny liability, which can make proving your claim more challenging. Never assume your slip and fall claim will be straightforward, as insurance companies have many tactics they use to avoid paying injured claimants. You want an attorney who knows how to stand up to corporate entities and their insurers to protect your rights.

Recovering For Medical Bills After Serious Injuries

Wed, 01 Dec 2021 17:32:01 GMT

Recovering For Medical Bills After Serious Injuries

Suffering personal injuries during an accident can require extensive medical treatment and numerous medical bills. Retaining a personal injury attorney can help you recover the costs associated with medical bills that accumulate due to the treatment you undergo for your injuries.

Contact a Montgomery personal injury lawyer for a free consultation, during which we can discuss the options available to you for recovering damages that will compensate you for the costs of your medical bills and other losses.

It Is Essential That You Document Your Medical Expenses

If you want to obtain the settlement amount that will compensate you for the total costs of your medical expenses, it is vital that you document every medical expense associated with your injuries. Insurance companies will scrutinize the medical records documenting your treatment and expenses and try to limit coverage. Even with clear records, the insurer can dispute certain coverage and make an inadequate settlement offer.

You must substantiate the amount of your medical expenses with carefully itemized billing records and medical treatment records. Hiring a personal injury attorney can make it easier for you to accumulate these records. A personal injury attorney can request records and subpoena documents that will help you establish your claims.

If you have medical records and bills, then you should provide these to your personal injury attorney. You may be entitled to recover damages for the following expenses:

Transportation fees
Physical therapy costs
Ambulance fees
Medical specialist consultations
Medical equipment
Medication
Hospital room costs
X-Rays
Surgeries
Injections

Fault And No-Fault Coverage Of Medical Expenses

If you were injured during an accident, you want to know who is responsible for paying your medical bills. Alabama is a fault-based insurance state. However, victims must obtain financial compensation from the insurance company of the party who was responsible for causing the accident. You may file your medical bills on your health insurance policy and then seek compensation from the at fault party to pay your health insurance company back for the medical expenses. It is always important to have legal representation during the claim process.

Does Medicare Cover Treatment for Accidental Injuries?

Medicare will often cover injured victims who already have Medicare coverage. Part A covers emergency services, and Part B covers medication costs and outpatient costs. Medicare coverage is subject to co-insurance payments, deductibles, and copays.

Generally, Medicare will offer payment after an automobile insurance company refuses to pay. Medicare will also pay the remaining expenses if an insurance company paid up to the policy limits.

Contact a Montgomery Personal Injury Attorney To Schedule A Free Consultation

Contact The Law Office of Richard F. Matthews, Jr. today or call at 334-398-8408 to schedule a free consultation, during which we can discuss the facts of your case. Hiring a personal injury attorney will give you time to recover from your injuries while your attorney collects medical records and handles the entire process.

Long-Term Consequences of Criminal Convictions

Mon, 15 Nov 2021 14:00:08 GMT

Long-Term Consequences of Criminal Convictions

For you to be convicted of a criminal offense in the State of Alabama, the assistant district attorney prosecuting the case must prove that you are guilty beyond a reasonable doubt. The prosecution always bears this burden in criminal cases. Moreover, the prosecutor must prove each legal element of the criminal offense beyond a reasonable doubt.

If you were arrested in Montgomery, contact the Law Office of Richard F. Matthews, Jr. An experienced criminal defense attorney can represent you and scrutinize the case put forth by the prosecutor. If you are convicted of a criminal offense in Alabama, you risk facing serious consequences. Both the short-term and long-term consequences of a criminal conviction can affect your life economically and socially.

Fines, jail time, and community service are some examples of the immediate consequences related to a criminal conviction. After you finish your sentence, however, having a criminal record can impact your life in many ways. A conviction can make it difficult for you to gain admission to institutions of higher learning, obtain employment, and find housing. It is important to have the right defense so you can avoid a conviction - and related consequences - whenever possible.

The Consequences Of A Criminal Conviction

The following are only some of the possible consequences that you may face if you are convicted of a criminal offense:

Mandatory sex offender reporting on a federal or state sex offender registry .
Barriers to stable housing because some apartment complexes do not permit individuals with certain convictions to live on the property.
Prospective employers may view your criminal record, and this may result in you being denied employment.
Colleges and universities may deny you admission based in part on your criminal history.
A professional license that you need for your career might be suspended or revoked.
Immigration officials could deny you immigration benefits or initiate removal proceedings.

An experienced criminal defense attorney can help you avoid these consequences by devising a strong legal defense that may result in a dismissal or acquittal. The right attorney can also negotiate with the assistant district attorney to obtain a plea deal. The terms of this plea deal may result in reduced charges or less serious penalties, including the long-term impact on your life.

If you have already been feeling the effects of having a record for some time, an experienced attorney may be able to help you get your criminal conviction expunged if you are eligible under the law.

Contact a Montgomery Criminal Defense Attorney

Even if a charge seems minor, a conviction can imp act your life, and you want a Montgomery criminal defense lawyer on your side. Feel free to schedule a consultation with our firm, during which we can discuss the facts of your case, any prior criminal history, and the best options available to you under the law. Having an experienced criminal defense attorney by your side can help you possibly avoid some of the most severe consequences of a criminal conviction.

Contact the Law Office of Richard F. Matthews, Jr. today if you are facing a criminal charge in the State of Alabama.

Your Work Injury Getting Medical Treatment

Mon, 01 Nov 2021 19:42:52 GMT

Getting Medical Treatment for Your Work Injury

Workplace injuries occur in many different industries throughout the United States. If you are injured on the job in Montgomery, Alabama, it is important that you are on the right path to both medical and financial recovery. Your first step should be to seek medical help, and your second should be to contact a Montgomery workers’ compensation attorney from the Law Office of Richard F. Matthews, Jr. for help.

Injured workers may be unable to return to their job until they receive extensive medical treatment. Alabama law provides injured workers with workers’ compensation benefits that should cover the costs of all medical treatment. Under normal circumstances, an employee has the right to be treated by a physician from the date of injury through the conclusion of medical treatment.

Unfortunately, too many employees have to fight for the full medical benefits they deserve. A workers’ compensation attorney can help employees who suffered a workplace injury receive the full benefits to which they are entitled.

Medical Care for Workplace Injuries

After you experience any workplace injury, however minor, you should tell your supervisor that you need to see a medical professional. You should receive a medical evaluation within 24 hours of reporting an injury to your employer.

Sometimes, an injury on the job is severe enough that someone needs to call 911, and you require emergency transportation. In this case, never fight the advice of emergency medical personnel. Some people might consider refusing an ambulance ride because they are worried about the cost, but if you need emergency transport due to a workplace accident, workers’ compensation should cover those costs. Your physical health is the priority in this situation.

In other situations, an injury might not seem all that serious, and you might be tempted to “tough it out” at home and see what happens. However, any pain, discomfort, stiffness, or disorientation can be a sign of an injury with symptoms that develop over time, like a soft tissue injury or a concussion . If you don’t get a medical evaluation right away, the injury could worsen quickly, and you will not have a diagnosis to show that you suffered the injury at work.

If you feel anything out of the ordinary following a work accident, you should tell your employer that you need to seek medical care. This not only helps ensure that you get the treatment you need to prevent further complications but also that there is a record of your injuries. Even if you need a couple of physical therapy appointments, you want to make sure the workers’ compensation insurance company will cover it, so you need proper documentation that it was a work-related injury.

Keeping Up With Treatment

Once you are diagnosed with a job-related injury, you should receive a treatment plan from your medical team. Make sure you attend every appointment and follow all recommendations. If you do not, the insurance company might assume you do not need further treatment, or your injuries are not as bad as you claim.

Speak With a Montgomery Workers’ Compensation Lawyer

If you have concerns about a workers’ compensation benefits, received a claim denial, or had benefits cut off too soon, never wait to consult with Montgomery workers’ compensation attorney Matt Matthews. We’re here to help, so contact us today.

How Do Arrest Warrants in Alabama Work?

Wed, 20 Oct 2021 12:00:19 GMT

Warrants in Alabama | Legal Assistance from Attorney Richard F. Matthews, Jr.

How do warrants in Alabama work?

Arrests can occur on the spot in some situations when officers witness a crime or under other exigent circumstances. However, in many cases, arrests stem from warrants that police officers obtain from judges. If you have questions about a warrant in Alabama or think you might have one out for your arrest, speak with a Montgomery criminal defense attorney as soon as possible.

Types of Warrants In Alabama

Warrants are issued for a variety of reasons. Arrest warrants grant the state the power to put a citizen under arrest. Judges issue arrest warrants after police officers have established probable cause that an individual has committed a crime. Arrest warrants may also be issued after a grand jury returns an indictment.

Bench warrants are issued if someone fails to appear during a court proceeding. Judges issue bench warrants, and these warrants may be issued if a citizen does not complete a sentence ordered by the court. Failing to pay fines and child support payments are also common reasons judges issue bench warrants.

A suspect may have an active arrest warrant from another state than his or her state of residence. In this case, an extradition warrant may be issued, and this alerts law enforcement officers that the suspect needs to be taken into custody.

Judges also issue arrest warrants for individuals who violate the terms of their probation . Some of the typical violations that may lead to an arrest warrant being issued including the following:

Being arrested for another criminal charge
Associating with criminals or undesirables
Not paying court-ordered fines
Not attending counseling sessions ordered by the court
Testing positive for drug or alcohol use
Not appearing in court for a scheduled appearance
Not reporting to a probation officer

Addressing Arrest Warrants

Both arrest warrants and bench warrants authorize law enforcement officers to arrest a suspect upon any encounter. Officers might show up at your home or workplace, or they might wait and arrest you if you are stopped while driving. You might get arrested in front of your family, neighbors, or coworkers, and you might have had no idea that a warrant even existed.

A criminal defense lawyer can check to see if there is an active warrant for you. If so, they can help you address the matter proactively instead of waiting for an unfortunate police encounter. This might involve turning yourself in, but your attorney can take steps to ensure you are released as soon as possible, and, often, this can happen right away. This way, you can take control of the situation and not leave your fate in the hands of the police.

Warrants In Alabama: Contact a Montgomery Criminal Defense Lawyer Today if You are Facing Criminal Charges

Having an experienced criminal defense attorney by your side can help you understand if you have a warrant or if you were arrested on a defective warrant or invalid warrant. Contact the Law Office of Richard F. Matthews, Jr. today to schedule a consultation. You deserve exceptional legal representation when you are facing criminal charges.

Who Is To Blame For A Rear-End Car Crash?

Tue, 05 Oct 2021 22:11:54 GMT

Who Is To Blame For A Rear-End Car Crash?

Rear-end collisions frequently occur throughout Montgomery and the State of Alabama. Whiplash, spinal cord injuries, concussions, and lower back injuries are some of the common injuries suffered by drivers and passengers during rear-end collisions, leading to costly losses.

Many people think the driver who strikes another car from the rear is always the at-fault driver. This is not always the case. Whether you were the front or rear driver, you should always have a Montgomery car accident lawyer evaluate liability in your case.

The Rear Driver

The rear driver will be found to be the at-fault driver in the majority of rear-end collisions. This is because a rear driver should be following other vehicles at a safe enough distance that they can slow down or stop to avoid a collision. Following too closely is a common cause of these crashes, as well as:

The rear driver failed to brake in the proper manner or leave enough space to prepare for the front driver to make a swift stop.
Rear drivers may engage in road rage and deliberately drive into the front automobile.
Rear drivers may speed and be unable to avoid a rear-end collision.
Rear drivers may be distracted by a mobile phone and not realize the car ahead of them is stopped.
Rear drivers may tailgate the front car not be able to avoid a rear-end collision.

The Front Driver

Sometimes, the front driver can be at fault in a rear-end collision. Front drivers may engage in the following behaviors and cause a rear-end collision to occur:

Front drivers may be driving under the influence of alcohol or drugs
Front drivers may change lanes in a dangerous manner and cut off another driver
Front drivers may lose control and crash, causing a rear driver to hit them
Front drivers may drive in a reckless manner and cause a rear-end collision
Front drivers may also slam on the brakes suddenly for no reason and not give the rear driver any time to react

Am I The At-Fault Driver In A Rear-End Collision?

Whether you are the at-fault driver in a rear-end collision depends on a number of factors. Every automobile accident is different, and fault is never automatically assigned in any case. Even if fault is presumed, you can challenge that presumption.

To have rights in a rear-end collision case, a party needs to prove that the other driver was negligent or demonstrated a reckless disregard for the basic traffic rules. A driver who does so should be fully liable for the losses of others who suffer injuries.

Consult with a Montgomery Car Accident Attorney Today

The other driver may be the at-fault driver in your rear-e nd collision, and you should have a Montgomery car accident lawyer evaluate your rights. Contact the Law Office of Richard F. Matthews, Jr. today to schedule a free consultation during which we can discuss the facts of your case. Having an experienced attorney represent you in a rear-end collision case can help you recover the financial compensation you are entitled to under the law.

Will I Go to Jail for a Criminal Conviction?

Mon, 20 Sep 2021 22:06:10 GMT

Will I Go to Jail for a Criminal Conviction?

People who are facing criminal charges usually worry first about their freedom. After all, jail time is the most serious punishment for a criminal offense. Being convicted does not always mean that you go to jail. It all depends on the nature of the charge and what the prosecutor is seeking. Even if you do not go to prison, criminal convictions can have serious impacts on your life.

First, whether you are convicted of a felony or misdemeanor will go a long way to determining possible jail time. Felonies are much more likely to result in jail time. According to federal government statistics , 75% of people who were convicted of felonies were incarcerated. Approximately 56% of people convicted of misdemeanors received jail sentences. However, these are very broad categories that group a wide variety of offenses under one description. Misdemeanors can range from a DUI to assault. While all are serious, there are different degrees of severity.

Sentences Other than Prison

As you can see, not everyone who is convicted will go to jail. Some defendants will end up receiving a combination of the following:

Fines
Community service
Probation

The prosecutor will seek a certain sentence, and the decision rests with the judge. In some cases, the prosecutor may ask for jail time, and the judge will issue their own sentence. Anything can happen when you are in front of the court.

Much depends on whether your attorney works with the prosecutor to obtain a favorable sentence or is able to persuade the judge not to impose jail time. For first offenses, prosecutors may be willing to consider a plea bargain that does not impose a prison sentence. It depends on the offense and the individual prosecutor.

You want an attorney who has relationships with prosecutors that allows them to talk if you choose not to fight the charges. These days, many crimes, such as drug charges, are not always punished with prison, even when the law allows prosecutors to seek a jail sentence, criminal charges do not automatically mean prison time.

Other Consequences of a Conviction

However, even if you are able to avoid prison, you may still suffer other effects of a criminal conviction that should make you consider whether to accept a plea bargain or fight the charges. Here is some of what you may face:

Trouble passing a background check
Restrictions on your ability to own firearms
Difficulty finding a job
Impacts on your custody case

In other words, just because there is no jail time does not mean that you are free of punishments for your convictions. This is a conversation that you should have with your attorney as you plot the most effective legal strategy for your circumstances.

Consult with a Montgomery County Criminal Defense Law Firm

If you have been charged with a crime, you need legal help immediately. Contact the Law Office of Richard F. Matthews, Jr. online or call us at (334) 398-8408 to discuss your case and learn about your legal rights and options.

Getting Medical Treatment for Your Work Injury

Mon, 06 Sep 2021 21:58:36 GMT

Getting Medical Treatment for Your Work Injury

Injuries that workers suffer while they are at their jobs – and while they are working within the scope of their employment – can lead to serious problems. If you are injured while you are at your job, your first priority should be getting the medical treatment that you need for your injuries. If you delay your medical treatment for a significant period of time, there is a good chance that your employer (or your employer’s insurance company) will think that you’re not taking your treatment seriously, or worse, that you were not all that seriously injured in your workplace accident.

If you have been injured at your job, experienced Alabama personal injury and workers’ compensation attorney Matt Matthews is ready to assist. We can start to handle the legal aspects and insurance process of your workers’ compensation claim while you continue receiving treatment for your injuries.

Types of Workplace Injuries

People who are injured while they are on the job – and while performing a job duty – can require significant medical treatment. The extent of injuries that a worker suffers depends upon the type of work he or she does and the manner in which the workplace accident occurs. Generally speaking, individuals who work in the building and construction industries suffer the most serious workplace injuries since they often have to work atop ladders and scaffolding – or on dangerous equipment.

Common workplace injuries that may result in the need for an Alabama workers’ compensation claim include:

Traumatic head and brain injuries
Broken bones
Soft tissue contusions
Cuts and abrasions
Spinal cord and back injuries
Paralysis
Death

If you or a person you love has suffered one or more of these injuries in a work-related accident, an experienced Alabama workers’ compensation lawyer could help you file a claim and pursue the benefits that you need.

Steps to Take after Becoming Injured on the Job

If you have been injured while you are at your job, the first thing you should do is seek medical treatment at a local urgent care center or hospital emergency room. At one of these facilities, a doctor can examine you, take the necessary x-rays and MRIs, and if necessary, recommend follow-up medical treatment. In addition to reporting the incident to your employer’s human resources department or contact person, it is important that you continue treatment for your injuries until you are discharged from the treatment facility.

Talk to a Knowledgeable Alabama Workers’ Compensation Attorney about Your Situation Today

The Law Office of Richard F. Matthews Jr. may be able to file a workers’ compensation claim on your behalf and get you the benefits and other compensation that you need following your workplace injury.

For a free legal consultation and case evaluation with a knowledgeable Alabama personal injury and workers’ compensation attorney, please call us today at 334-398-8408 or contact us online for more information about how we could assist you with every aspect of your case.

Reasons for Workers’ Compensation Claim Denials

Fri, 20 Aug 2021 20:55:40 GMT

Reasons for Workers’ Compensation Claim Denials

Experiencing an injury on the job can be life-changing, and it is important for your workers’ compensation claims to be processed in a timely manner so you can get on with your life. Claim denials can be difficult to deal with or understand. This highlights the value of a workers’ compensation attorney like Matt Matthews , who can assist after a denial. There are a variety of reasons why your claim might be denied, and upon denial, you must follow the legal appeals process to continue the pursuit of your claim.

Read on to learn why your workers’ compensation claim might be denied, and how an attorney can help.

Main Reasons for Workers’ Compensation Denials

Insurance companies can find many reasons to try to deny a claim, including:

A lack of sufficient evidence the injury was work-related
Failing to follow a treatment plan
Missing work and medical treatment were unnecessary
Failing to properly report an injury and file a claim on time

Sometimes, you can address the reason for the denial, such as insufficient evidence, and they might reverse the denial. An attorney can identify how to best respond to the denial to increase your chances of being granted benefits.

Appealing Your Denial

Most states have an administrative process that involves appealing a claim denial with the state workers’ compensation board or department. However, Alabama is different, and there is no such internal process for appeals. Instead, you must file a lawsuit in state civil court to appeal the overall decision.

If you only need to appeal a denial of certain medical benefits, you might appeal to the Ombudsman Program with the Alabama Department Labor so they can mediate the matter before you head into court. However, if the insurance company does not agree to mediation, this program cannot decide disputes over non-medical issues with your claim.

Filing a lawsuit in civil court is a complicated process with many rules, laws, and procedures that apply. It is critical that you have the right legal assistance during this process.

A Workers’ Compensation Attorney Can Help you Navigate the Process

A delay or denial of your workers’ compensation benefits c an seem like it puts your life on pause, and medical bills and treatment costs might still continue adding up while your claim processes. The appeals process is best supported through the assistance of an experienced and knowledgeable personal injury attorney with experience in workers’ compensation cases.

The right attorney will know the steps to take following a denial, so you can continue focusing on your physical recovery and getting back to work. Never give up on the benefits you deserve - make sure you have the right legal help if your claim is denied.

Reach Out to a Montgomery Workers’ Compensation Attorney About Your Claim Today

If you are having difficulty processing your workers’ compensation claim or related denials, an experienced workers’ compensation attorney from the Law Office of Richard F. Matthews, Jr. is here to help. Visit our site to book a consultation on your case today.

Do I Need a Lawyer for a Misdemeanor Charge?

Thu, 05 Aug 2021 14:06:16 GMT

Do I Need a Lawyer for a Misdemeanor Charge?

Encountering a misdemeanor charge is something that might not be taken seriously enough, as misdemeanors are generally understood to be lesser offenses. However, a misdemeanor can lead to a charge which can impact life in a variety of ways, underlining the value of a criminal defense attorney like Matt Matthews . Misdemeanor cases are not always simple, with the definition being anything but as provided by the Alabama Criminal Code , which notes that you may be imprisoned for up to a year for committing one.

The following is a consideration of why an attorney can help obtain the best possible case outcome regarding your misdemeanor charges, namely preserving your freedom by keeping you out of jail and minimizing fines.

Know the Statute of Limitations

When you are being charged with a crime, it is important at first to ensure that the crime is being charged within the statute of limitations, which is the period during which the charge is allowed to be filed by the state. In Alabama, the statute of limitations on a misdemeanor crime is 12 months. Should your charge be brought after 12 months from the alleged incident the charge stems from, your case may be dismissible.

Know the Implications of Guilty Pleas

Without an understanding of the law and experience with how the courts process cases, it can be difficult to understand what options are available, and how one should plead their charges. If you are facing a misdemeanor charge, you may face fines and imprisonment up to a year, so you may be offered a plea agreement that omits prison time.

Plea agreements may contain community service and fines instead of jail time, however, plea agreements mean you are pleading guilty. A guilty plea can lead to your having a criminal record, which can be detrimental in both your personal and professional life. A criminal record can prevent you from getting your dream job, keep you from moving into your preferred apartment, and could even affect professional licenses you might have.

An Attorney Knows What Options are Best For You

In some instances, your misdemeanor charge may be eligible for the deferred prosecution program that is in place in Alabama through the AL Law Enforcement Agency . Only non-felony charges, including misdemeanors, are eligible for this option. Under a deferred adjudication, you might be required to complete a probation program that may include community service and fines, and afterward, the charge is dropped from your record.

Navigating the charging process and taking advantage of any positive opportunities like deferred adjudication can be difficult. An experienced criminal attorney at your back will result in the best possible outcome for your misdemeanor charge.

Be Represented by an Experienced Montgomery Criminal Defense Attorney

The Law Office of Richard F. Matthews, Jr. is ready to help with misdemeanor cases, as well as felonies. Reach out to us on our site to schedule a consultation on your misdemeanor case today. Our team is waiting by and ready to represent your best interests.

How Do You Know What Your Injury Claim Is Worth?

Wed, 21 Jul 2021 20:33:10 GMT

How Do You Know What Your Injury Claim Is Worth?

It can be difficult to know your rights following a serious accident and injury. If you’re still recovering from the injury and the fallout of the traumatic incident that caused it, then where do you even begin to go about pursuing a personal injury claim?

Moreover, how do you even begin to go about determining the value of your injury claim? There is a multitude of factors that will go into determining that valuation and many steps you need to take to obtain the full value of your claim. The best course of action is to discuss what your claim is worth - and how to proceed - with a Montgomery injury attorney.

Calculating Personal Injury Damages

There is a very wide range of potential damages that you could claim in a personal injury case, depending on the context and circumstances. Some of the most common types of damages that may be recoverable in a personal injury case include:

Medical expenses
Lost income
Property damage
Pain and suffering
Emotional distress
Loss of consortium
Future losses, including medical costs and lost earning ability
Permanent disabilities or disfigurement

Calculating those damages alone won’t be an easy feat, especially those that do not directly correlate with financial bills and losses. That’s why you’ll want to work with an experienced personal injury attorney who will know how to determine the full value of your past and future losses.

They will take a lot into account when calculating your claim, including:

Any necessary prescriptions for your injury
Medical records
Lost wages or personal items
Out-of-pocket expenses
Childcare and family expenses
Receipts or bills
Property damage expenses (if needed)
Estimates of future medical expenses and lost wages
Witnesses or experts who could speak on the injury
Pain journals you kept
How your injury impacts your daily life

It’s important to protect your livelihood throughout the duration that the injury will prevent you from working, which means considering future lost wages and medical expenses as well as the ones that have already transpired.

Likewise, it’s important that you rely on the strongest possible authorities to calculate the totality of your damages and argue that you should receive compensation for those damages. You never want to miss out on damages you deserved because you undervalued your claim or accepted a settlement offer that did not cover your losses.

Once you determine the value of your claim, you will then need to provide sufficient evidence to support those damages. Expect the insurance company to challenge the amount you demanded, and you want an attorney who will negotiate and fight for maximum compensation.

Speak with a Montgomery Personal Injury Lawyer Today

At the Law Offices of Richard F. Matthews, Jr. we know the challenges you face when determining the value of an injury claim, and we are here to help. Our Montgomery personal injury law firm handles complex injury claims, so please get in touch with our office for a free case evaluation and to learn more about how we might help.

How Truck Accident Investigations Work

Mon, 05 Jul 2021 20:28:02 GMT

How Truck Accident Investigations Work

If you’re a claimant in a trucking accident case, then the burden of proof is on you to prove that the trucker and/or trucking company was negligent in your case. However, truck accidents are complex events, and it can be difficult to identify and prove liability.

That’s why it’s integral to count on an experienced truck accident attorney to build, present, and argue your case as effectively as possible. Furthermore, they’ll have access to resources that’ll be less accessible to you as an average layperson that can be integral to your claim. You should not wait to contact a Montgomery truck accident attorney to start working on your case as soon as possible.

That said, you should still go in with a little preparedness and basic knowledge regarding how the investigation process works. The following are some steps of the process:

Evidence collection: This process usually entails compiling visual evidence of the crash site (meaning photos or videos), as well as police reports, trucking company records, and other relevant documentation.

Black box retrieval: The truck’s data recorder (known as the black box) may retain useful evidence and context surrounding the event and should always be analyzed.

Witness interviews and identification: The attorney can speak with first responders, other drivers involved, and any other relevant witnesses that could offer additional perspectives and context in favor of your case.

Expert consultation: Appeals to authority can be extremely useful in strengthening your argument, and any good attorney will be aware of this. That’s why they may refer to trucking industry experts, healthcare providers, first responders, toxicologists, and crash reconstructionists to strengthen your case.

Truck evaluation: Determining whether or not a vehicular malfunction could’ve contributed to the crash will play a very important role in determining liability.

All of the above will be very important steps to take in your crash investigation. They will also play a very important role in assessing the recoverable damages available in your truck accident.

Truck Accident Damages

Following an incident as chaotic, violent, and devastating as a commercial truck crash, the fact is that you might never return to or fully recover the life you had before. However, that doesn’t mean there aren’t certain losses or damages that cannot be recovered after the incident.

Here are some examples of damages that a focused truck accident attorney can help you claim:

Medical expenses
Funeral and burial expenses (if anyone lost their life)
Property damage expenses
Vehicle repair expenses
Lost income
Loss of consortium
Pain and suffering (meaning physical and mental anguish)

Alabama law sets out a two-year statute of limitations for pursuing any personal injury lawsuits. This means you should not wait to start fighting for the damages you deserve and collaborate with an experienced truck accident attorney to investigate, build, and argue your case.

Contact a Montgomery Truck Accident Attorney Right Away

Matt Matthews will bring almost 20 years of knowledge and experience to your truck accident case. No one ever wants to find themselves involved in a severe trucking accident, nor the legal system, but if you or someone you know has, you should consider choosing the Law Offices of Richard F. Matthews, Jr. Contact us to learn more.

The Top Three Reasons Why You Should Retain an Attorney As Soon As You Can After an Accident

Wed, 30 Jun 2021 11:30:51 GMT

The Top Three Reasons Why You Should Retain an Attorney As Soon As You Can After an Accident

When you hire an attorney, you are gaining a person who will fight for you and the justice you deserve. There are a few reasons you should retain an attorney after being involved in an accident, regardless of the type of accident. Most people should consider reaching out to an attorney if they have suffered injuries and are looking to gain compensation. Below are the three top reasons you seriously should consider if you are debating why retaining an attorney is essential.

Your attorney can collect all evidence needed to prove liability: Although you might try to collect as much related evidence of your accident as possible in the form of images, witness statements, and police reports, an attorney can gather more information that is crucial to your case. The information an attorney can collect is beneficial to proving your claim, as they know exactly what evidence is needed to prove liability and damages.
An attorney can ensure you receive the best settlement offer possible: Most attorneys know what your case is worth or can quickly determine how much you should receive as a settlement amount. This means that they can fight for your case and gain you the compensation amount you are entitled to. Many insurance companies will often try to present a settlement amount that is below what you should receive, but with the help of an attorney, you can get the right amount owed to you from an insurer.
An attorney has knowledge of the various laws and procedures surrounding an accident case: Depending on the specific type of accident you were injured in, there will be different laws and principles surrounding it that you likely don’t know. An attorney can help you navigate the process and explain what paperwork and evidence are needed for you to present to gain compensation. Additionally, an attorney can assist with negotiations between insurance companies and help you understand the legal options in your case.

Get In Touch With a Montgomery Personal Injury Attorney Today To Ensure your Accident Case Is Handled Properly

Resolving an accident claim for the full amount you deserve is difficult if you do not retain a personal injury attorney. The right Montgomery injury lawyer can help you navigate the claims process or initiate a lawsuit.

At the Law Office of Richard F. Matthews, Jr., we have experience with many different types of complex accident claims. We help our clients reach a favorable settlement with the parties liable for their injuries and losses. Contact us today for a no-obligation, free consultation regarding your accident.

Work Injuries that Cause Permanent Impairment

Mon, 14 Jun 2021 19:28:44 GMT

Work Injuries that Cause Permanent Impairment

In the United States, hundreds of millions of people go to work and carry out their set tasks, but these tasks can resul t in injuries. Based on figures from 2019, an estimated 2.8 million nonfatal injuries or illnesses were sustained by workers in the private sector.

It is usu ally financially and emotionally burdensome to sustain an injury at work. Many people will suffer minor workplace injuries, while others, unfortunately, will suffer more severe injuries that could lead to permanent impairment. If you have suffered a permanent impairment because of the injuries you sustained at work, it may be time to consider a Montgomery workers’ compensation attorney. At the Law Office of Richard F. Matthews, Jr., we can help you with the workers’ compensation claim process and seek full benefits for the permanent injuries you have sustained.

What Is A Permanent Impairment?

An impairment happens when a person sustains an injury. Essentially an impairment is an issue that affects the functioning of a part of a person’s body which makes them unable to use their body in the same way that they did before the injury. A permanent impairment can include a mental or physical impairment where they cannot permanently use their body the same way.

If you have a permanent impairment because of an injury, you could have the ability to pursue more prolonged and more considerable benefits from workers’ compensation. It is important to note that impairment claims will have to be medically assessed, and the person is given an impairment rating percentage. This percentage will display how severe the permanent impairment is and can be used by your attorney to gain you a better settlement.

The Most Common Work Injuries That Cause People Permanent Impairment

When you have been injured at work and have sustained injuries, it becomes increasingly important to receive compensation as you are likely losing wages. Seeking legal counsel early on will help you alleviate some of the financial burdens associated with work-related injuries, especially if you have become permanently impaired. Below we have listed a few possible work injuries that cause permanent impairment:

Back or spinal cord injuries that result in back surgery
Injuries to ankles, knees, or shoulders, needing arthroscopic surgery
Broken bones that result in permanent impairment
An eye injury that causes total or industrial blindness, otherwise known as occupational blindness
A traumatic brain injury that causes severe neurological problems

Get In Contact With a Montgomery Workers’ Compensation Attorney Today To Speak About Your Work Injuries

Although many workplace injuries are minor, some workers suffer significant injuries that leave them permanently impaired. If you have suffered a major injury recently, you should not wait to contact a Montgomery workers’ compe nsation attorney. The Law Office of Richard F. Matthews, Jr. is well versed in workplace injury law and can assist you with your benefits claim.

When Can a Wrongful Death Action be Filed?

Thu, 20 May 2021 12:00:19 GMT

When Can a Wrongful Death Action be Filed?

In the United States, there are approximately 174,000 deaths annually due to unintentional injuries. When you unexpectedly lose someone you love, it’s likely that the last thing on your mind is how soon you need to file a wrongful death action. However, if your loved one passed away because of the negligent or wrongful actions of someone else, you and your family deserve justice.

Fortunately, with the assistance of an Alabama wrongful death attorney, you can seek the justice that your loved one deserves. Our Montgomery wrongful death attorney is well-versed in the laws surrounding wrongful death actions. We can help you file an action and offer you guidance about how long the claim will take and how much time you have to file. Don’t hesitate to reach out to our office at no cost today.

What Constitutes a Wrongful Death In Alabama?

In Alabama, wrongful death is defined as any death caused by a wrongful act, negligence, or omission of another. A wrongful death action can essentially be brought against the person who caused the untimely death of your loved one. For example, wrongful death claims can be initiated due to:

Car accidents
Pedestrians accidents
Truck accidents
Falls
Boating accidents
Bicycle or motorcycle accidents
Violence

When Can A Wrongful Death Action Be Filed In Alabama?

In Alabama, you generally have two years from the time of death to file a wrongful death action. However, there are notable possible exceptions to this general timeline:

There was a viable personal injury action - In most instances, a wrongful death lawsuit can only be filed if a personal injury claim could have been filed if the individual survived. Usually, this time frame is also within two years of the death of the loved one. If the timeframe for a personal injury claim to be filed had expired, you can no longer file a wrongful death action.

The action is being filed against the city or a county - If you are filing a wrongful death action against a city, you will need to file within six months of the death of your loved one. If you are filing an action against a county, you will have one year to file a wrongful death action.

You should not delay in contacting a lawyer to discuss any applicable time limits and begin the claim process. Evidence can fade over time, so it is important to get an attorney involved as soon as you can.

Contact A Montgomery Wrongful Death Attorney Before It's Too Late

Time is of the utmost importance in legal proceedings, such as when you need to file a wrongful death action. The loss of someone you loved is difficult, and the process surrounding filing a wrongful lawsuit is often challenging. However, you can let our law firm start this process while you focus on your grief and the well-being of your family.

Our Alabama wrongful death attorney at the Law Office of Richard F. Matthews, Jr. , can help you file a claim and seek full compensation for your losses. Contact us at your earliest convenience so that we can help you during this difficult time.

Injured? Employer OSHA Requirements

Wed, 05 May 2021 12:00:07 GMT

It is crucially important for employers to follow all requirements enforced by the Occupational Safety and Health Administration (OSHA). Failing to adhere to OSHA requir ements can lead to many problems for both employers and employees. Unlike other states, Alabama does not have a federally-approved OSHA program.

However, employers in the private sector in Alabama need to adhere to the federal OSH Act. Should you have been injured at your place of work because your employer failed to adhere to OSHA requirements, you can benefit from hiring an Alabama workers’ compensation attorney. We can help you file a workers’ compensation claim - or any additional legal action - and obtain the benefits you deserve for the injury you sustained.

What Are the OSHA Requirements?

Ultimately, the primary focus of OSHA requirements is to provide a safe and hazard-free workplace for employees to work and perform their daily duties. If an employer is covered by OSHA, they have an essential responsibility to create a safe environment free from hazards and ensure the company follows all OSHA health and safety standards. Employers who fail to follow OSHA requirements risk facing hefty fines, workers’ compensation liability, and possible cases brought against them by employees.

If there is a hazard, the employer is expected to address all health and safety concerns, even if they need to make physical or engineering changes to a working environment. It is an employer’s prerogative how they fix the issue as long as it is within OSHA standards. Essentially, companies should always try to fix the safety hazard in such a way that it improves an employee’s working conditions. Below are a few of the important OSHA requirements that need to be followed.

Employers have to post any OSHA citations and injury and illness data in a readily accessible place where employees can view the reports.
It is a requirement that the official “OSHA Job Safety and Health: It’s the Law” poster be posted somewhere on the premises.
All essential PPE needs to be distributed to employees at no cost to them.
It is required that all workplace fatalities be reported within eight hours to the OSHA.
All amputations, loss of an eye, and injuries resulting in hospitalization occurring at the workplace need to be reported to the OSHA within 24 hours.
Employers need to keep up-to-date and accurate records of all injuries and illnesses sustained by employees at work.
Employers should be alerted to all safety and chemical hazards in the workplace by using warning signs and hazard stickers, alarms, and color-coded systems.

What Happens When an Employer Violates OSHA?

When employers violate safety standards, workers can suffer illnesses and injuries. Workers’ compensation is a no-fault system and, in most cases, employees are barred from suing their employers for injuries, and they must seek benefits through workers’ comp instead. However, the government can impose penalties on employers and can require changes to safety policies and procedures, which work to protect employees in the future.

Get In Contact With a Montgomery Workers’ Compensation Attorney Today To Discuss Your Claim

If you suffer injuries at work for any reason, you deserve full benefits for your medical bills and lost income. An Alabama workers’ compensation attorney can assist you with determining if you can initiate a claim based on your company's failure to comply with OSHA requirements. We care about our clients, and at the Law Office of Richard F. Matthews, Jr ., we can help you with your claim. Contact us today.

Fighting Possession Charges in Federal Court

Tue, 20 Apr 2021 12:00:05 GMT

Fighting Possession Charges in Federal Court

Many drug possession charges are processed in Alabama state court, but these charges can also be filed by federal authorities. The Drug Enforcement Agency (DEA) is the primary organization that investigates federal drug offenses, and they can turn over evidence to the Department of Justice (DOJ), which can file charges. These cases will then be heard in federal court, which in Montgomery would be the United States District Court for the Middle District of Alabama .

There are many differences between the federal and state criminal justice systems, and one important difference is that penalties for convictions can be harsher in federal court. However, you still have important rights in federal court, including the right to have an experienced Montgomery federal criminal defense attorney defending you against your charges.

Drug Possession Charges

Federal agencies are usually most focused on targeting drug traffickers for larger organized schemes, but in the process of these or other investigations, they can make arrests for drug possession. It is a violation of the Controlled Substances Act to possess any amount of any listed substance without a valid prescription or authority. Even though many states have legalized marijuana possession, this is still included as a controlled substance under federal law.

The penalties for federal simple possession convictions will depend on your prior criminal record, as follows:

First drug-related offense = Up to one year in prison and $1,000 fine
With one prior drug-related offense = Up to two years in prison with a 15-day mandatory minimum and $2,500 fine
With two or more prior drug-related offenses = Up to three years in prison with a 90-day mandatory minimum and $5,000 fine

Keep in mind that prior offenses do not have to stem from federal charges. If you have a conviction for state-level possession from 15 years ago, federal prosecutors can use that as a prior offense to escalate your charges and penalties. Further, the mandatory minimum prison sentences cannot be waived, so if you face possession charges with a prior conviction, you will be spending at least 15 or 90 days in federal prison. There is also no chance for parole for early release from a federal sentence.

As you can see, it is highly important to avoid even a first drug possession conviction whenever possible. You need the right defense representation from the very start.

Defending Against Federal Charges

The general process and court rules are different in federal criminal court than they are in state court, and federal cases tend to be more complex. It is critical that you have an attorney with extensive experience in federal court and who understands how federal prosecutors and judges work.

Contact a Montgomery Federal Drug Crime Defense Attorney Right Away

Do not risk a wrongful conviction or an overly harsh penalty for federal drug charges. Always contact the Law Office of Richard F. Matthews, Jr, Attorney at Law, as soon as you are arrested or suspect you might be under an investigation. Contact us or call 334-398-8408 to discuss your case today.

Invoking Your Miranda Rights

Mon, 05 Apr 2021 12:00:05 GMT

Invoking Your Miranda Rights

We’ve all seen movies and television shows in which police officers make arrests and inform the arrestees that they have the right to rem ain silent and the right to an attorney, among other things. These rights are collectively referred to as your “Miranda rights,” and they are required by law following the case of Miranda v. Arizona to preserve your rights under the 5th Amendment.

When you hear these rights, you might wonder whether you should invoke them. Will refusing to answer questions or “lawyering up” make you appear more guilty to authorities? The answer is yes, you should invoke your Miranda rights, and no, it cannot be used to prove guilt if a criminal case follows.

If you are arrested, it is important to invoke your Miranda rights and seek help from a Montgomery criminal defense attorney immediately.

Why Invoking Your Rights is Important

You have Miranda rights for an important reason, and it is beneficial to your situation to take advantage of them. Police officers have many tactics they use to try to get suspects to say incriminating things - even if someone is not guilty of the suspected offense. You might think that by telling the truth, you can help your case and receive leniency or be released. However, officers are sincere when they say that “anything you say can and will be used against you.”

Even if officers promise to release you if you cooperate and answer their questions, you should remain silent until you have legal representation present. The police often make false promises, and they are not on your side in this situation. Before you answer any questions, you need a defense advocate assisting you.

How to Invoke Your Rights

First, always recognize that no time limits apply to the invocation of your Miranda rights. You might do so immediately after they are read to you. However, if you start to answer questions and then realize it is likely not a wise idea without an attorney, you can invoke your Miranda rights at a later time. Once you do, police should stop questioning you, or if they don’t, anything you say after invocation should not be admissible in court.

Many people assume that if they want to remain silent, they should simply not say anything, but this is generally not sufficient to invoke your Miranda rights. In recent years, the Supreme Court has ruled against defendants in various cases who simply remained silent and did not explicitly invoke their rights. Instead, you should state clearly that you wish to invoke your 5th Amendment rights and then contact our office for help.

Speak with a Montgomery Criminal Defense Lawyer Right Away

If you invoke your Miranda rights, you should immediately reach out to the Law Office of Richard F. Matthews, Jr, Attorney at Law. We can be present during further police questioning, as well as work to keep out inadmissible statements you might have made after invoking your rights. Contact us or call 334-398-8408 to learn about the many ways we can protect your rights.

When to Call a Montgomery Personal Injury Lawyer

Sat, 20 Mar 2021 12:00:02 GMT

When to Call a Montgomery Personal Injury Lawyer

When to Call a Montgomery Personal Injury Lawyer

There are many ways that you can sustain unexpected injuries in the Montgomery area, whether you are driving your car, walking, shopping, or engaging in recreational activities. If another person or company is negligent or careless, their conduct can lead to accidents and serious injuries that can disrupt your life.

Most people are familiar with the idea of a personal injury claim. However, it is common for injury victims to wonder whether or not they should discuss their injuries and legal rights with a Montgomery personal injury attorney. If you believe someone else was to blame for your injuries, you should not wait to schedule your free case evaluation.

It’s Best to Call a Lawyer as Soon as You Can

Many legal questions are hard to answer. “When to call an injury attorney,” however, is easy. You should contact an attorney as soon as you realize you’ve been hurt because of someone else’s carelessness. There are several reasons to call a lawyer as soon as possible, including:

Once you have an attorney, your lawyer will deal with the insurance company on your behalf. This is to ensure that you do not say or do anything that could hurt your claim.
After an accident, you should be focusing on your well-being and recovery. Having a lawyer handle all of the legal aspects of your claim will allow you to do so.
In some cases, you may need to gather evidence to establish the fact that you are entitled to compensation. If you wait to contact an attorney, evidence important to your case can be lost, destroyed, or become otherwise unavailable when your lawyer starts to investigate your case.

Events that Can Lead to Personal Injury Claims

There are many incidents that can lead to important rights and compensation, and a personal injury claim can stem from the following and more:

Car accidents
Truck accidents
Motorcycle accidents
Bicycle accidents
Pedestrian accidents
Boating accidents
Slip and falls
Product defects
Industrial accidents

If you were involved in any of the above, you want personal injury lawyer Matt Matthews to review your case.

Can You Afford a Personal Injury Lawyer?

A main reason that injured individuals fail to call a lawyer is that they are worried about the cost. You might have a stack of medical bills, repair costs, and more - do you really want to add legal bills to that list? The good news is that consulting with and hiring a personal injury attorney costs you nothing. Contingency fee arrangements allow you to have legal representation without ever paying out of pocket - or paying anything at all if you do not win your case.

Speak with a Montgomery Personal Injury Attorney Right Away

If you have suffered injuries in an accident caused by someone else, an experienced personal injury lawyer can help ensure that you obtain the compensation you deserve. At the Law Office of Richard F. Matthews, Jr., Attorney at Law, we’ll take a look at your case at no cost to you and let you know whether we think you have a claim. Contact us online or call 334-398-8408 to schedule your free case evaluation today.

Witnesses and Car Wrecks

Fri, 05 Mar 2021 13:00:04 GMT

Witnesses and Car Wrecks

When you are involved in a traffic collision, it can be difficult to know exactly what happened. Sometimes, another vehicle hits you out of nowhere and with no warning, and you aren’t sure whether they were speeding or not. In other situations, you might have seen the other driver texting, but you have no other proof, and it is just your word against theirs.

In order to prove liability for a car wreck, it is essential to have evidence you can present to the insurance company of the at-fault driver or to a jury in the event your case goes to court. One highly valuable type of evidence is witness testimony .

How Witnesses Can Help

Witnesses can describe what they saw prior to and during a crash to help clarify how and why the crash occurred. Witnesses might have noticed signs of drunk or aggressive driving. Maybe they saw a driver hit another car without even braking or run a red light. All of this helps to establish another driver’s responsibility for the losses of injured accident victims.

Witnesses are often associated with jury trials, during which witnesses take the stand to tell their stories. However, most car accident cases are settled out of court, and witness statements can still help with insurance claims and pretrial settlement negotiations. It is important that your attorney contacts all parties who might have witnessed the crash.

What if There are No Witnesses?

In cases where there are no witnesses to a car wreck, you can still establish liability in a number of ways. In some cases, it may be clear to the police who respond to the scene who caused the accident because of the way the vehicles are positioned or the damage to the vehicles. For example, if one car has front-end damage and the other has rear-end damage at a stop sign, it’s a pretty safe bet that the trailing car rear-ended the vehicle in front.

In some cases, the aftermath of an accident may not provide clues, and neither driver’s account can shed light on liability. In these instances, lawyers often work with accident reconstructionists or other experts in order to analyze and understand evidence in support of their theory of liability.

If you have been involved in an accident without witnesses, you should call a lawyer as soon as you can. Evidence in support of your case can be destroyed or lost in a matter of days. For example, the other driver may get his or her vehicle repaired, making it impossible to use the damage to establish what happened.

Seek Help from a Montgomery Car Accident Attorney You Can Trust

If you have suffered injuries in a car wreck caused by someone else, there’s a good chance that you can recover compensation for your accident-related losses. At the Law Office of Richard F. Matthews, Jr., Attorney at Law, we are committed to helping every client we take receive the full value of their claim. Contact us online or call 334-398-8408 us today to schedule your consultation.

Determining Fault in an Auto Accident in Alabama

Sat, 20 Feb 2021 13:00:02 GMT

Determining Fault in an Auto Acciden t in Alabama

Determining Fault in an Auto Accident in Alabama

If someone else caused a car accident and you sustained injuries, the law gives you the right to receive compensation for your medical expenses and other losses. But how do you know who should be liable for your losses?

Determining fault in a car accident is essential to your financial recovery, as you must file insurance claims with the proper companies that cover the at-fault parties. Fault is most often based on negligence, though there are some other legal doctrines that can determine liability. It is important to have a Montgomery car accident lawyer evaluate your case.

Common Causes of Car Wrecks that are Attributable to Fault

Most car accidents are caused by human error. When these errors am ount to legal negligence, victims are entitled to compensation for their accident-related losses. Some of the more common causes of crashes that typically result in car accident claims include:

Speeding
Distracted driving
Failure to yield
Poor vehicle maintenance
Ignoring poor weather conditions
Drunk driving
Fatigued driving

After a car accident, it’s important to have an experienced lawyer review the facts of your case and determine whether and against whom you may be able to file a claim. In addition, it’s best to talk to a lawyer sooner than later, as it’s important to start investigating your claim as soon as possible.

Potential Employer Liability

Sometimes, companies might be liable for your losses when they did not engage in negligence, but instead employed a negligent driver who caused the accident. Legal principles hold companies vicariously liable for the harm caused by negligent employees, and this includes drivers who crash. Such liability might apply for accidents caused by commercial truck drivers, delivery drivers, construction workers, and any others who drive as part of their jobs.

In addition, if an Uber or Lyft driver causes an accident while they are picking up a passenger or have a passenger, the corporate insurance policies of Uber or Lyft can be liable for your losses. It is important to identify when companies might be liable, as they often have more extensive coverage than individual drivers.

Do You Need a Lawyer?

After an accident, you may be wondering whether you actually need an attorney to represent you, especially if the other side has admitted fault. Insurance companies are incentivized to settle your case for as little as possible and will not hesitate to take advantage of victims who are not represented by counsel. For this reason, it’s always advisable to retain a lawyer for a car accident claim, even if it’s clear that your case is going to settle and will not end up in court.

Consult with a Montgomery Car Accident Lawyer Right Away

At The Law Office of Richard F. Matthews, Jr., we understand how seriously car accidents impact victims and are dedicated to helping our clients obtain the maximum compensation possible. To schedule a case evaluation with a car accident attorney in Montgomery, call us today at 334-398-8408 or contact us online .

Filing a Lawsuit for a Loved One Who Died in an Accident

Fri, 05 Feb 2021 13:17:51 GMT

Filing a Lawsuit for a Loved One Who Died in an Accident

There are few things that are more tragic and devastating than losing a loved one in a preventable accident. You not only lose their companionship and emotional support, but there is also a chance that the loss of a family member can also result in significant financial strain as well. This is particularly true if the person you lose was the breadwinner in your household or contributed significantly to your household income.

Unfortunately, the law is not capable of turning the clock back and changing what happened. It is, however, capable of providing some form of justice by compensating you for the damages you have suffered as a result of your loss. If you have lost a loved one in an accident caused by the negligence of someone else, you can seek this compensation by filing a wrongful death lawsuit.

What Kinds of Accidents Can Result in Fatal Injuries?

There are a variety of accidents that can result in fatal injuries and entitle surviving family members to seek compensation. Some of the most common include:

Car accidents
Truck accidents
Bicycle accidents
Falls from heights
Pool and spa accidents
Electrical accidents
Accidents involving defective consumer products
Sports accidents
Recreational accidents

Do You Need a Lawyer to File a Wrongful Death Claim?

There is no rule that says that people need to retain an attorney to file a wrongful death claim in Alabama. That being said, it is highly advisable that you do, as these claims can be extraordinarily complicated. In addition, insurance companies responsible for paying out on wrongful death claims do everything they can to settle cases for as little as possible. Some of the specific things a wrongful death lawyer in Alabama can do for you include:

Evaluate the accident in which you lost your loved one and determine whether you have a claim
Handle all of the paperwork associated with filing a claim
Represent you in settlement negotiations
File a lawsuit against the party responsible for your loved one’s death, if it becomes necessary to do so

When you retain an attorney, he or she will talk you through the process and let you know what to expect and when to expect it. During a time when you are grieving and at the beginning of the slow process of healing from your loss, having an experienced lawyer on your side can be an invaluable benefit to your emotional and mental health. Finally, there is no reason to worry about the cost associated with retaining an attorney, as most reputable wrongful death lawyers will not collect legal fees unless they obtain compensation on your behalf.

Call Us Today to Discuss Your Case with a Montgomery Wrongful Death Lawyer

If you have recently lost a loved one in an accident, it’s critical that you discuss your case with a lawyer at The Law Office of Richard F. Matthews, Jr., as soon as possible. You may be able to recover significant compensation by filing an Alabama wrongful death lawsuit. Call us today at 334-398-8408 or contact us online to schedule a free case evaluation with a wrongful death attorney serving Montgomery.

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

Who Can Be Held Liable in a Third Party Work Injury?

Mon, 11 Jan 2021 19:26:57 GMT

Who Can Be Held Liable in a Third Party Work Injury?

The State of Alabama has workers’ compensation laws in place to protect the rights of people who sustain injuries on the job. This is a no-fault system, which means you can qualify for benefits no matter who or what caused your injuries as long as the injuries resulted from your performance of your job duties.

Workers’ compensation benefits are limited compared to those that might be available in an injury claim. For example, workers’ compensation only covers medical treatment costs, provides you with 66-2/3 percent of your average wages if the doctor says that you need to miss work, and ultimately compensation for any permanent impairments that you may have resulting from the on the job accident or injury. If you need medical treatment for a work-related injury, contact your employer for them to provide you with a doctor and treatment at the employer’s expense. If you seek medical treatment on your own for a work-related injury, you will likely be responsible for the payment for your medical treatment.

In Some Cases, Injured Workers Can File Personal Injury Claims

It is important to realize that the workers’ compensation system does not prevent workers from filing lawsuits against third parties that caused the accident and injuries. If you have a work injury caused by a third party such as another person or employee of another company, you might be eligible to receive workers’ comp benefits in addition to the damages available in a lawsuit. But who can be held liable for your work injury in this type of situation?

Common Third-Party Liability

A third party that might be liable for your work injury can be anyone not associated with your employer. Many third parties can contribute to or cause accidents to workers, including the following.

Other Drivers

If you drive as part of your job, and someone else causes a crash, you can recover from workers’ compensation because the accident happened in the course of your employment. However, you can also file a claim to recover damages from the negligent driver who caused the collision.

Contractors

Many worksites have contractors and subcontractors who are not considered to be employees of your company. If one of these contractors is negligent and causes injuries, they can be held liable for the harm they caused. For example, if you are working on a construction site, and a contractor carelessly drops an object from a high place that hits you on the head, they can be responsible for your losses.

Manufacturers

Many people use a wide range of equipment on the job, and manufacturers should produce and sell equipment that is safe for workers to use. If a company sells defective equipment, and you suffer injuries due to the defect, you can hold the manufacturing corporation liable.

Property Owners

Property owners have the duty to keep their premises safe for visitors. If you are working on another party’s property, and hazards exist that should have been addressed by the owner, you can file a third-party claim if the hazard leads to your injuries.

Discuss Your Options with a Montgomery Personal Injury Lawyer

At The Law Office of Richard F. Matthews, Jr., we help injured workers maximize their compensation through both workers’ compensation and third-party injury claims. Call 334-398-8408 or contact us online to learn how we can help you.

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

Should I Call a Lawyer Immediately After a Car Wreck?

Fri, 08 Jan 2021 22:10:38 GMT

Should I Call a Lawyer Immediately After a Car Wreck?

This is a common question that runs through many people’s minds after a car accident - when is it time to call a lawyer? Should you call a lawyer right away or wait for a few weeks or months? The answer depends on your situation, but generally speaking, it is never too early to get an experienced Montgomery car accident attorney involved in your car accident claim.

Get Medical Treatment First

First and foremost, your priority following a crash should always be your health and getting the medical attention you need. If you suffered injuries - even if you think they are minor - undergo a medical evaluation at the emergency room, urgent care, or your physician’s office. A prompt diagnosis not only can help with your overall prognosis, but also with a future insurance claim or lawsuit.

If your treatment is intensive or you are in the hospital, you might need to just focus on your recovery. Treatment for serious injuries can be overwhelming, and your family might need to adjust to you being injured. When your health is in a stable place, contacting a lawyer should be your next priority.

When Insurance Adjusters Start Calling

Shortly after an accident, the insurance company of the at-fault party might start calling you - even before you begin the claim process. It is important not to give the insurance adjuster too much information, especially when it comes to your injuries and what happened in the car wreck. Instead, provide them with your basic identifying information, and then politely inform them that you will have your lawyer call them to answer any further questions.

Calling a car accident lawyer to handle insurance communications can improve the insurance process and, often, the outcome of your claim. Too many injured accident victims say things that can later jeopardize their claims, often without even realizing it. When the insurance adjusters start calling, it’s time to call an attorney for help.

Time Limits for Legal Claims

Every state has its own time limits for filing an injury lawsuit after a car accident, and this statute of limitations in Alabama is two years from the date of the injury, with very limited exceptions. Two years might seem like you have plenty of time, so you might put off contacting a lawyer, thinking there is no rush. However, consider the following:

Before you will file a lawsuit, your attorney will need to go through the entire insurance claim process, which can take a significant amount of time.
Evidence can disappear or weaken quickly following a crash, as the memories of witnesses might fade, surveillance video might be erased, and more.

The sooner you get a lawyer involved, the more confident you can be they can build a strong case and have plenty of time against the statute of limitations.

Contact a Montgomery Car Accident Lawyer for the Help You Need

The Law Office of Richard F. Matthews, Jr., handles car accident cases and other injury claims in the Montgomery area. If you or someone you love has been injured, we can help. Call 334-398-8408 or contact us online for a free case evaluation today.

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

Helpful Tips: Staying Safe During The Holidays

Sun, 20 Dec 2020 13:00:02 GMT

Staying Safe During The Holidays

It will come as no surprise that police reports show that crime rates increase during the holiday season. Some of this increase is due to the financial pressure to provide holiday gifts for friends and family. This may be more evident than ever during this trying year.

This is the time of year when consumers walk around with more cash, credit cards and gift cards, which makes them a prime target for criminals. Individuals, cars and homes are all fair game during the holiday season.

Whether you are the victim of a crime or the perpetrator, you need should contact a Montgomery attorney that knows the law and will fight for your rights.

Stay Alert

One of the best defenses against a potential theft is to stay alert. Keep an eye on your surroundings and the people around you. A criminal who wants to rob you is waiting for that moment when your guard is down. So, don’t let your guard down, especially at this time of year. If you notice someone who is walking a little too close behind you, try to find a security guard or police officer, or at least avoid uncrowded areas.

Always park your vehicle in a well-lit area of the parking lot. Also, don’t park your vehicle in an area without any other vehicles. However, there may be times when all the other vehicles have gone and yours is the only one in this area. If you don’t feel safe walking to your car, find a security guard, police officer or store manager to walk you to your car and make sure you get in your vehicle safely.

Theft and Burglary

2020 has been a very tough year for everyone. Money may be tighter than usual this year around the holidays. With many households dealing with unemployment and other financial struggles, some people might be tempted to shoplift gifts or even commit robbery in order to fund the holidays.

Theft and burglary are two separate offenses, but they sometimes go hand-in-hand. Both can come with harsh consequences if you are convicted. It is important to not let things get this out of hand, but if you are accused of either offense, seek help from a defense lawyer immediately.

Auto Accidents

The holidays also bring more traffic. Whether you are out shopping for holiday gifts, traveling to see family and friends or just driving around the corner to pick up some last-minute party preparations, there are so many people on the road during this time. It is very important to not be distracted while driving and to keep your eye on those drivers around you. Be sure to always wear your seatbelt and drive defensively, especially during this busy season.

Seek Help from a Montgomery Criminal Defense Lawyer Right Away

The Law Office of Richard F. Matthews, Jr., wishes everyone in the Montgomery area a safe and enjoyable holiday season. If you or someone in your family is either the victim of a crime or is accused of a crime, it is important to discuss your legal rights and options with a Montgomery attorney. To get the help you need, contact us online or call 334-398-8408 for a free case evaluation as soon as possible.

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

Helpful Tips: Holiday Safety Tips

Sat, 05 Dec 2020 13:00:03 GMT

Holiday Safety Tips

The holidays can be a special time spent decorating, eating good food, giving gifts, and gathering with family. However, the time from Thanksgiving to New Year’s Day can also be a stressful time, with people who might be overcommitted rushing around from place to place trying to get everything accomplished. The last thing your family needs is to add to holiday stress with a serious accidental injury.

Injuries are common during the holidays, and there are several reasons why. It is important to keep your family safe during the holiday season, and the following tips might help.

Stay Aware and Patient on the Roads

Many of us in Montgomery drive around town multiple times trying to get our shopping and holiday preparations finished. However, with everyone in such a hurry, the potential for impatient or even aggressive drivers increases. Parking lots are also often packed, which increases the likelihood of a collision. Even crashes at slower speeds can result in damage and injuries.

Perhaps the most dangerous factor on the roads around the holidays is the increase in drunk driving. The holidays go hand-in-hand with celebrating, and too many people make the unsafe - and illegal - decision to drive home after having too much to drink. Try to avoid being on the road altogether on major holidays and, if you must drive, always remain aware whether other drivers are behaving erratically and might be impaired.

Be Careful Decorating

Decorations are part of the fun of the holidays, and many homeowners take pride in choosing the right yard and light display. However, many people end up falling off ladders or suffering electrical injuries while they are decorating. Always follow ladder safety tips, have someone to help you, and plan ahead so you can avoid injuries whenever possible.

Research Gifts and Supervise Children

Choosing the right gifts for your loved ones is something many of us enjoy. Even the seemingly perfect present can go very wrong, however. A few years ago, people across the U.S. could not wait to give hoverboards to their kids, until people suffered injuries from falling off these boards and the boards started catching on fire in homes as they charged.

If you know what you want to purchase, do some research with the Consumer Product Safety Commission (CPSC) to see if that toy or game has recently been recalled or any defects have been reported. Once you give the gift, be sure to supervise your child the first few times they use it. There is always the chance that the item is defectively designed or assembled, which can result in serious injuries to your child.

Learn How a Montgomery Personal Injury Lawyer Can Help

The Law Office of Richard F. Matthews, Jr., wishes everyone in the Montgomery area a safe and enjoyable holiday season. If you or someone in your family does sustain injuries, it is important to discuss your legal rights and options with a Montgomery accident and injury attorney. Get the medical help you need, then contact us online or call 334-398-8408 for a free case evaluation as soon as possible.

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

What Is Assault and Battery?

Fri, 20 Nov 2020 13:01:53 GMT

What Is Assault and Battery?

Most people have heard the term “assault and battery,” though there is often confusion regarding what exactly this term means. First, the term can refer to a civil cause of action, which means people injured by assault and battery can file an injury lawsuit in civil court. However, the term is also regularly used in the criminal context to describe an unlawful violent offense.

The following is a brief overview of what assault and battery might refer to in criminal court in Alabama. If you would like to discuss specific criminal allegations, contact the office of Montgomery criminal defense attorney Matt Matthews directly as soon as possible.

Alabama Assault Charges

Assault and battery are two different concepts, despite being discussed together on a regular basis. Put very simply, assault refers to the threat or attempt to injure someone, and battery refers to unwanted physical contact or causing injuries.

Alabama is one state that does not have a criminal law addressing the act of battery. Instead, the only related law is the crime of assault, which serves to criminalize conduct that is considered to be either assault or battery. There are different degrees of assault charges, each with its own elements and possible penalties.

Third-Degree Assault

Third-degree assault is the most minor type of assault charge, though it is still a serious offense. This can be charged if you:

● Intentionally cause injuries to someone else

● Recklessly cause injuries to someone else

● Cause injuries while using a weapon with criminal negligence

● Cause injuries while resisting arrest

This is a Class A misdemeanor charge, which can mean up to one year in jail and fines up to $6,000 if you are convicted.

Second-Degree Assault

The next level of assault applies to the following conduct:

● Intentionally causing serious injuries

● Intentionally causing any injuries with a weapon

● Recklessly causing serious injuries with a weapon

● Intentionally causing injuries while resisting arrest

● Causing injuries while attempting to hurt a teacher or healthcare worker performing their duties

● Drugging another person without their consent with no medical need

This is a Class C felony, which can mean a minimum of one year and one day in prison and up to ten years of imprisonment, along with a $15,000 fine.

First-Degree Assault

The most serious assault charge can stem from any of the following:

● Intentionally causing serious injuries with a weapon

● Causing injury when intending to disfigure someone

● Causing serious injuries from engaging in reckless conduct that shows am extreme indifference to the value of human life

● Causing serious injuries while engaging in certain felony offenses

● Causing serious injuries while driving under the influence of alcohol or drugs

This is a Class B felony and can mean two years minimum and up to 20 years in prison, as well as fines up to $30,000.

Contact a Montgomery Criminal Defense Lawyer for More Information

While assault and battery might be a confusing issue, one thing is clear—assault charges come with very serious penalties. The Law Office of Richard F. Matthews, Jr. defends against assault charges, and we can help. To speak with a Montgomery criminal defense attorney, please contact us online or call 334-398-8408 right away.

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

Wrongful Death Claims after Auto Accidents

Thu, 05 Nov 2020 13:00:02 GMT

Wrongful Death Claims after Auto Accidents

Traffic accidents can happen in a single instant, but they can change the rest of your life. This is especially true when a close family member does not survive a crash. While your family is likely going through a devastating time and dealing with shocking grief, it is also important to consider your legal rights if someone else caused the accident. A wrongful death claim might be possible to provide your family with compensation. While this can never bring back your loved one, it can bring a sense of justice and help with your financial needs moving forward.

Fatal Car Accidents in Alabama

Traffic crashes can result in life-threatening injuries and, even with emergency medical care, some victims will succumb to their injuries. According to the National Highway Traffic Safety Administration (NHTSA), 36,560 people died in traffic accidents in a recent year across the United States, and at least 953 of those fatalities occurred in Alabama.

The following are some notable facts regarding deaths from auto accidents in our state:

● 49 percent of deadly crashes happened at night, dusk, or dawn

● Most fatalities happen in rural parts of the state

● Saturday is the most common day for fatal accidents

● The number one factor in fatal accidents was speeding, and Alabama is 12th in the United States for speed-related fatalities

● Drunk driving crashes have a much higher rate of causing fatalities than non-drunk driving crashes

● 39 people were confirmed to pass away in distracted driving crashes, and this number likely should be much higher

These numbers show that fatal crashes are a serious problem in Alabama, and a death from an auto accident could happen to one of your close family members.

Do You have a Wrongful Death Claim?

Wrongful death laws are different in every state, and this is especially true in Alabama. Wrongful death claims take place in a unique manner in our state, and it is critical to have an experienced wrongful death lawyer handling your claim as soon as possible.

A wrongful death claim is possible if the deceased person would have had the right to file a personal injury claim if they had lived. This means someone else must have acted negligently or wrongfully to cause the accident and fatality. The following is some basic information about how wrongful death cases work in Alabama:

● Family members do not file the claim directly, but instead, the personal representative of the deceased’s estate will have to file the claim.

● A claim can only recover punitive damages, which are not intended to compensate families for their financial losses, but are instead meant to punish the wrongdoer.

● If damages are recovered, they are distributed according to state intestacy laws instead of according to your loved one’s will.

Discuss Your Family’s Options with a Montgomery Wrongful Death Attorney

There are strict timelines and procedures that a personal representative must follow to obtain damages for wrongful death. This is why families should not delay in consulting with a Montgomery wrongful death lawyer at The Law Office of Richard F. Matthews, Jr. We are ready to help you move forward, so please contact us online or call 334-398-8408 for free today.

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

Marijuana Possession Is A Huge Deal

Tue, 20 Oct 2020 12:00:03 GMT

Marijuana Possession Is A Huge Deal

Eleven states and Washington, D.C. have legalized the possession of recreational marijuana, 33 states have legalized the possession of medical marijuana, and more than half of the states have at least decriminalized the possession of small amounts of marijuana. However, Alabama does not fit into any of these categories, and the possession of marijuana continues to be a huge deal in the Heart of Dixie.

The United States House of Representatives is set to vote on federal legalization later in September 2020, which would aim to standardize the patchwork of inconsistent laws that currently govern possession of the substance. The measure’s future is highly uncertain, though, so in the meantime, it is important to recognize that marijuana possession is still a crime in Alabama, and a conviction can result in harsh penalties.

Marijuana Charges and Penalties

While some states consider marijuana possession to be an infraction with no possible jail time, the possession of any amount of marijuana for personal use is a misdemeanor charge in Alabama. A conviction can mean:

●   Up to one year in jail
●   Fines up to $6,000

If you are accused of possessing marijuana for another purpose other than personal use, such as sale or distribution, you can face felony charges. The possible penalties include:

●   A minimum jail sentence of one year and one day, and up to ten years in prison
●   Fines up to $15,000

The penalties increase substantially for charges of selling or trafficking marijuana. Note that the above charges apply to any amount, so even allegations of having the smallest amount of marijuana can result in costly fines and possible jail time.

In addition, a drug-related conviction can have many lasting consequences, even after you finish your court-ordered penalties. These might include the following and more:

●   Losing your job
●   Difficulty getting hired for a new job
●   Difficulty finding rental housing
●   Disqualification for benefits or financial aid
●   Suspension or expulsion from colleges or universities, especially from collegiate athletics
●   Losing or being denied a professional license
●   Possible child custody issues

As you can see, a seemingly minor marijuana possession charge can, in reality, impact your life in many costly and dramatic ways for years to come.

Fighting Against Your Charges

It is important to seek the help of an experienced drug crime defense lawyer if you were arrested for marijuana possession. There are many ways the right lawyer can help, such as:

●   Getting evidence thrown out due to 4th Amendment violations
●   Challenging constructive possession
●   Challenging the sufficiency of the prosecutor’s evidence
●   Identifying forensic lab errors
●   Showing that you actually possessed lawful CBD
●   Qualifying you for drug court, which can dismiss your charges
●   Reaching a favorable plea bargain, such as for probation instead of jail time

Speak with a Montgomery Drug Possession Defense Attorney

You should always take marijuana charges extremely seriously, and criminal defense lawyer Matt Matthews can help limit the consequences that you might face. Call The Law Office of Richard F. (Matt) Matthews, Jr., today at 334-398-8408 or contact us online for more information.

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

Protecting Yourself: The Self-Defense Argument

Mon, 05 Oct 2020 12:01:55 GMT

It Was Self-Defense

Many people accused of assault or homicide claim that they acted in self-defense. This is a highly common defense, as well as a highly complicated one. You cannot simply claim self-defense and have your charges dismissed, as the state will try to prove that your conduct did not qualify as self-defense under Alabama law. If you believe that self-defense should be raised in your criminal case, you need the help of an experienced criminal defense attorney in Montgomery, like Attorney Matt Matthews, right away.

Alabama Self-Defense Laws

When you claim self-defense, you are admitting to using force against another person, though you are claiming that the force was justified because you feared imminent harm from that person. The force used generally must be proportional to the harm feared, with some exceptions. For example, if you fear that someone is going to punch you, it would not be justified to use deadly force in self-defense.

Traditionally, a person was expected to try to retreat from the situation before acting in self-defense. However, Alabama is one of 35 states that enacted Stand Your Ground laws, which no longer require someone to retreat. Instead, if you believe harm is imminent, you can protect yourself by using necessary force in Alabama.

In addition, Alabama law permits the use of deadly force in self-defense in the following situations:

●   When you believe someone else is about to use deadly force
●   When you believe someone is unlawfully trying to enter your home or vehicle
●   When you believe a burglar is about to use any physical force
●   When another person is engaging in assault, rape, robbery, or kidnapping
●   When a business is closed and an employee, owner, or another agent is engaging in certain crimes against a child
●   When someone is trying to break into a nuclear power plant

If any of the above apply, self-defense might be justification for homicide.

Imperfect Self-Defense

If you claim self-defense, the prosecutor then has the burden to prove that you were not justified in using force. This involves presenting evidence that:

●   A reasonable person would not have been in fear of imminent harm in that situation
●   You did not actually fear imminent harm
●   You used an excessive amount of force than necessary to protect yourself

If the prosecutor proves that your fear was unreasonable or that the force used was excessive, a self-defense claim will not succeed in justifying your actions and having your charges dropped. However, imperfect self-defense claims may help to reduce your sentence, fines or other penalties if you are convicted.

Contact a Montgomery Criminal Defense Attorney Right Away

Alabama law gives you the right to defend yourself from harm, and if you acted in self-defense and were charged with a violent crime, it is critical to seek the help of the right Montgomery criminal defense lawyer. Do not wait to call The Law Office of Richard F. (Matt) Matthews, Jr., today at 334-398-8408 , or contact us online to discuss how Attorney Matt Matthews can help defend against your criminal charges.

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

I’ve Been Arrested! Now What?

Sun, 20 Sep 2020 12:00:03 GMT

I’ve Been Arrested! Now What?

Being placed in handcuffs and taken to the police station in the back of a cop car can be a terrifying experience. Any police encounter can be stressful, but being arrested often means you will face criminal charges, which can mean serious penalties, including time in jail. It is important to remain calm in this situation and do what is best to protect your rights and a possible future criminal case.

Remain Silent and Ask for a Lawyer

After an arrest, it may be tempting to try to talk your way out of the situation in which you find yourself. It’s important to remember that the police are not on your side in your situation; if you have been arrested, they believe that you have committed a crime. Anything you say is much more likely to hurt your case than help it, and the police are well-trained in interrogation techniques that are designed to trip you up into saying incriminating things.

The best way to protect your rights after an arrest is to ask for a lawyer immediately. Once you have explicitly asked for an attorney, the police must stop asking you questions immediately and cannot start again unless your lawyer is present or you initiate conversation.

Discuss Bail with Your Lawyer

If you have bail set, you will need to post a certain amount of money with the court in order to be released from jail while your case is pending. Too often, bail is set at an excessive amount, and defendants must wait behind bars for weeks or months during their case. Your criminal defense lawyer can argue for your bail to be lowered.

Even if you can afford your bail amount, you should discuss the matter with your attorney. While you do not want to spend one minute longer than necessary in jail, you also should not be required to post excessive bail.

Attending Court Hearings

If the prosecutor files charges against you, it is critical to attend all court dates. Your defense lawyer will appear with you and handle communications with the prosecutor, as well as present evidence in your defense to the court to try to get your charges dismissed. Ignoring a court summons will only result in additional criminal charges of failing to appear, as well as a warrant for your arrest, which will start the process all over again. With the right criminal defense firm in your corner, you can face your charges and obtain the best possible outcome in your case.

Speak with a Montgomery Criminal Defense Attorney Right Away

The Law Office of Richard F. (Matt) Matthews, Jr., represents clients following an arrest or the issuance of criminal charges. We stand up for your rights during every stage of your case, and we know how to navigate the criminal justice system to best defend against charges and prevent convictions whenever possible. Your defense starts right after your arrest, so the time to call Attorney Matt Matthews for help is now. Call 334-398-8408 or contact us online today.

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

How To Protect Your Business From Slip and Fall Accidents

Sat, 05 Sep 2020 13:34:33 GMT

How To Protect Your Business From Slip and Fall Accidents

Many businesses rely on foot traffic to sell products and services, and they might have a steady stream of customers coming through on a regular basis. When a company opens its doors to the public and invites in customers, the business then has the duty to make sure the premises are in reasonably safe condition to prevent harm to customers. Unfortunately, as we all know, accidents happen.

One of the most common accidents that occurs in customer-based businesses is a slip and fall. While slip and falls might not sound all that serious, these accidents can result in a wide range of injuries that need costly treatment. If the slip and fall victim alleges that a hazard on your premises led to the accident, they can seek a settlement from your insurance company for their medical bills and other losses. Such liability can be costly for a business, so it is important to take all possible precautions to protect your business from slip and fall accidents.

Eliminating Possible Hazards

To best prevent slip and falls, a business should regularly inspect the premises to identify any possible hazards. If a hazard exists, you should address the matter right away or, if it cannot be eradicated immediately, you should warn customers of the hazard so they can use proper caution. Some common slip and fall hazards include:

●   Exposed electrical wiring
●   Debris or items left on the floor
●   Wet floors
●   Spilled liquid on the floor
●   Torn carpet
●   Uneven floors
●   Overly worn floors
●   Displays that protrude into walkways

Accidents Can Still Happen

Unfortunately, accidents can happen even under the best of circumstances. If you are a consumer and are hurt in a slip and fall accident while visiting someone else’s business, you may be able to obtain compensation for your slip and fall-related expenses. Examples of damages often sought in slip and fall cases include:

●   Medical expenses
●   Lost income
●   Physical and emotional pain and suffering
●   Lost quality of life

As a victim, it’s important to understand that business owners and their insurers want to settle cases for as little as possible. For this reason, it’s important to talk to a lawyer before accepting any settlement offer. An attorney will be able to evaluate your economic and non-economic losses and let you know what your case is actually worth. Having this knowledge will ensure that you do not accept an inadequate settlement offer. If you do not get an adequate settlement offer, your lawyer will likely file a lawsuit in order to get you the compensation to which you are entitled.

Learn How a Montgomery Accident and Injury Lawyer Can Help

If you have been hurt in a slip and fall accident in the Montgomery area, it’s in your best interest to contact a personal injury lawyer right away. Attorney Matt Matthews is an experienced lawyer who knows how to get his clients the compensation they deserve. To schedule a consultation, call The Law Office of Richard F. (Matt) Matthews, Jr., today at
334-398-8408 or contact us online .

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

Truck Accidents—There's Usually Two Sides Of The Story

Thu, 20 Aug 2020 12:12:15 GMT

Truck Accidents—There's Usually Two Sides Of The Story

Large commercial trucks drive alongside passenger cars every single day in the Montgomery area. While these vehicles are often able to coexist safely, crashes do happen, and they can be serious. The Federal Motor Carrier Safety Administration (FMCSA) reported 4,761 fatalities from commercial truck crashes in a recent year, and Alabama had 99 of those fatalities, which was the 16th-highest of the 50 states.

After a truck accident, it is critical to determine what led to the crash for multiple reasons. First, trucking companies, truck drivers, and other organizations can use this information to improve safety measures and try to prevent future crashes. In addition, determining fault for the accident can identify who should be liable for the losses of injured accident victims.

Different Accounts of the Accident
One way to try to determine fault is to ask each driver involved what happened leading up to the crash. However, you can expect to get two different stories from two different drivers involved. For example, in the event that a semi-truck crashes into the back of a smaller SUV, you might hear the following:

●   The driver of the SUV claims they properly passed the truck on the left, then used their blinker to get back over into the right lane. This driver claims the truck driver must have been speeding or distracted since it hardly seemed like the truck slowed down before colliding into the SUV.
●   The semi-truck driver claims they were well within the speed limit, and the road conditions were clear. The SUV sped past them on the left, then suddenly switched lanes to weave between traffic, not using their blinker and effectively cutting off the truck. This aggressive driving move left the truck driver with little to no time to hit the brakes and avoid a crash.

From the stories alone, it is nearly impossible to tell which driver is telling an accurate version of the story. Fortunately, there are other ways to determine what truly happened and who was to blame. Some ways include:

●   Eyewitness testimony
●   Truck camera footage
●   Other video surveillance cameras
●   Analyzing the truck’s “black box”
●   Examining skid marks or other evidence at the scene

Accident reconstruction can be technical, but it can help shed light on what happens in a truck accident. This helps ensure the right injured victims get the compensation they deserve and that they do not face unnecessary losses or liability from a serious crash.

Speak with a Montgomery Truck Accident Lawyer Today

At The Law Office of Richard F. (Matt) Matthews, Jr., we know that each party involved in an accident has their own version of what happened, and conflicting stories can cause complications in injury cases. We listen to our clients and seek all possible evidence that someone else might be liable for their truck crash and resulting injuries. These cases can be challenging, but Attorney Matt Matthews is ready to rise to that challenge. Call 334-398-8408 or contact us online for your free case evaluation today.

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

Know Your Miranda Rights

Wed, 05 Aug 2020 12:07:11 GMT

Know Your Miranda Rights

We’ve all seen people get arrested in movies and on TV shows, and the police officer always repeats the same script as they are placing the arrestee in handcuffs. While this can make for good drama, this so-called script is actually required by law, and is known as your “Miranda rights.”

While Miranda rights might seem like a technical requirement of an arrest, these rights are actually critical to protecting yourself in any criminal case that results from the arrest. It is important to understand what your rights mean and how to invoke them. If you have additional questions or want to discuss your specific arrest, contact Attorney Matt Matthews in Montgomery directly.

What Your Miranda Rights Mean
In the case of Miranda v. Arizona , the Supreme Court of the United States held that every criminal defendant should be informed of certain rights if they are detained and before police officers try to ask questions. While these rights do not have to always be worded the same, they must inform the arrestee of the following:

● You have the right to remain silent. Anything you say can and will be used against you in a court of law.
● You have the right to an attorney. If you cannot afford an attorney, one can be provided for you.

While this might seem like a technical part of criminal procedure, knowing these rights is important for anyone who is arrested.

Invoking Your Miranda Rights
A common question that people have is whether or not to invoke the right to remain silent and/or the right to an attorney. Many people think that if they do so, they will seem guilty, and it will hurt their case. In reality, the opposite is true. Invoking your Miranda rights cannot be used against you in your criminal case. On the other hand, failing to invoke your rights and answering police questions without legal representation often causes harm to your case.

Remaining silent is important because police officers know how to get incriminating statements from people in custody - even if a person is innocent. They can take your answers and skew them as evidence against you. Even if officers promise they are on your side - rest assured they are not.

You want to clearly state to officers that you would like to remain silent and call an attorney. Then, contact a criminal defense lawyer who can begin helping you right away. We can represent you in all communications with police, which should immediately halt when you invoke your rights, and should not begin again until you have a lawyer present.

If officers fail to inform you of your rights or question you despite you saying you want to invoke your Miranda rights, your lawyer can work to keep anything that you say to police out of evidence in your criminal case. This is a critical time in the criminal process, and you should not hesitate to exercise your Miranda rights.

Seek Help from a Montgomery Criminal Defense Lawyer Right Away

If you have been arrested, you want The Law Office of Richard F. (Matt) Matthews, Jr. on your side. Call 334-398-8408 or contact us online to learn how a Montgomery criminal defense lawyer can help.

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

Wrongful Death Cases in Alabama

Mon, 20 Jul 2020 12:15:39 GMT

Wrongful Death Cases in Alabama

There is always the risk that accidents might happen and cause serious injuries to unsuspecting victims. Sometimes, victims do not survive an accident, and family members have to receive one of the worst phone calls of their lives. Not only can a fatal incident cause immediate emotional grief, but it often can result in financial struggles for families, as well. This is especially true if the deceased accident victim provided financial support for the household.

The law believes that families struggling with a sudden loss should not have to experience any additional losses. If someone else caused the fatal accident, that party should compensate close family members. Compensation does not happen automatically, of course, and surviving family members should discuss their rights with an experienced Alabama wrongful death lawyer.

Alabama Wrongful Death Laws
Every state has its own laws regarding the rights of family members after a wrongful death. Death is “wrongful” when it occurs because of another party’s omission, negligence, or wrongful act. There are many causes of wrongful death, including:

●   Car accidents
●   Truck accidents
●   Bicycle accidents
●   Pedestrian accidents
●   Falls
●   Medical malpractice
●   Nursing home abuse and neglect
●   Homicide

If your loved one’s death was preventable, you should discuss a possible case with a lawyer who can assess your options.

In most states, family members can file their own wrongful death claims, but this is not the case in Alabama. Instead, the personal representative - who is designated in the will or by the court - of the estate files the claim and then any proceeds are distributed to the appropriate heirs of the deceased family member.

Alabama wrongful death laws are also different from other states regarding the damages family members can recover. Instead of seeking damages for medical bills, funeral expenses, lost wages, and other losses, people in Alabama seek punitive damages. This is because the law aims to punish the party that caused the death and deter future misconduct that can cause harm. The money recovered from the at fault party then goes to the heirs of the deceased family member to help them move forward in a better financial situation.

Civil vs. Criminal Cases
In many cases, wrongful death happens because of someone’s criminal conduct, whether it was drunk driving, violence, or criminal negligence. People might face charges for manslaughter or even murder, though criminal cases are separate from civil cases, and the personal representative still must file a wrongful death claim in civil court.

A criminal conviction can help prove wrongful conduct, but it will not award the family with punitive damages. Never rely on the criminal system to help your family, and instead, contact an experienced wrongful death lawyer.

Learn More from an Alabama Wrongful Death Attorney
The Law Office of Richard F. “Matt” Matthews helps families who are struggling with a tragic loss of a loved one. We know how to handle complex cases and seek punitive damages for an estate, and you should consult with an experienced wrongful death lawyer in Alabama. Call 334-398-8408 or contact us online for your free case evaluation today.

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

Personal Injury From A Boating Accident

Sun, 05 Jul 2020 12:04:10 GMT

Personal Injury From A Boating Accident

Alabama has many lakes and rivers for people to enjoy. In fact, many Alabamians love spending time on the water in the River Region. However, while you are enjoying relaxing on a boat, always remember that there is the potential for serious boating accidents.

A boat accident can disrupt your life, and some boating crashes are fatal. The following are some examples of injuries that can result from accidents on the water:

●   Head injuries - A boat crash can knock boat passengers around, and they can often hit their heads and suffer traumatic brain injuries, skull fractures, and more.
●   Spinal injuries - If a boat passenger suffers trauma to the spine, they will need immediate medical treatment, and complete spinal injuries can lead to permanent paralysis.
●   Joint and soft tissue injuries - When you suffer the impact of a collision, you can strain or tear your tendons, ligaments, or muscles, and joint dislocations can be common.
●   Crush injuries and amputations - If part of your body is entrapped between two watercrafts, your limb could be crushed, or a traumatic amputation might occur.

● Drowning or near-drowning - Boat crashes can result in fatal drownings, and drowning is a leading cause of death for all age groups under 54. Even if someone is rescued in time, near-drowning can cause brain damage from oxygen deprivation, among other medical problems.

Recovering For Your Losses After a Boating Accident
If you sustained a personal injury in a boating accident, it is imperative that you know your rights. If another party caused the crash, you can seek compensation for your medical bills and other losses, and families can file claims for wrongful death if their loved one did not survive the boat crash.

In order for a party to be liable for your losses, to have to show that their negligence was the cause of or a contributing factor to your accident. Some examples of negligent conduct that can lead to boat accidents include:

●   Distracted boat operators
●   Drunk boat operators
●   Inexperienced boat operators
●   Defective or poorly maintained boats
●   Not following the rules of the water
●   Failing to yield to other watercraft when necessary
●   Not following rules for skiing and watersports

Negligent parties might be individual boat owners, boat operators, boat rental companies, boat manufacturers, employers of negligent boat operators, and more. Once we determine who should be responsible for your losses, we can calculate the value of your case and file the appropriate claims. We handle every step of the insurance and legal process, so you can focus on recovering from your injuries.

Contact an Alabama Boat Accident Attorney For Help
At the Law Office of Richard F. “Matt” Matthews, we know how much fun a day on the lake or river can be. However, we have also seen the devastating injuries and losses that can happen in a boating accident. We stand up for the rights of injured victims, and we can assess your best options. Call 334-398-8408 or contact us online for a free consultation.

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

Compensation for Workplace Injury

Sat, 20 Jun 2020 12:12:04 GMT

Compensation for Workplace Injury

If you've had an accident or if your health has been affected at your workplace, you may be eligible to claim workers' compensation benefits in Alabama. Alabama’s Workers’ Compensation Act protect the rights of the workers if they are hurt at work. Depending on the nature and extent of your injuries, you could be entitled to compensation for temporary pay while you are out of work under a doctor’s care and for permanent impairments that you may suffer from the work injury.

If you're in Alabama and if you've been hurt at work, our work injury compensation lawyer will fight to protect your legal rights.

Workplace Injury Compensation
Workers' compensation laws are in place to protect an employee that has suffered an injury or developed disease at their workplace. If you are injured while acting within the line and scope of your employment, then you are entitled to benefits pursuant to the Alabama’s Workers’ Compensation Act.

These injuries may include degenerative conditions, heart ailments, asthma, or anything that's often made worse by employment. You may also be able to claim compensation for recurrence or aggravation of any pre-existing injury affected by your work.

The compensation payment covers:

·   A percentage of your wages if the doctor has taken you off from work
·   Medical expenses
·   Rehabilitation
·   Payment for any permanent impairment that you may have from the work injury

The compensation schemes cover the following types of injuries:

·   Broken bones or dismemberment
·   Farm injuries
·   Office-related injuries such as carpal tunnel, back or neck problems
·   Muscular injuries
·   Construction site injuries
·   Psychological trauma related to a physical injury at work

You may be covered if you're:

·   A full-time employee
·   A part-time employee
·   A casual employee
·   Subcontractors
·   On a temporary work assignment or placement

Also, you're entitled to claims if the employer hasn't undertaken reasonable safety measures which leads to disease, pain or other sufferings. Even if something wasn't done right by coworkers, you're eligible.

The amount of money you can claim is determined by a whole range of factors, including:

·   Age
·   The extent of workplace injuries
·   Rate of pay
·   Your work history and education level
·   Impact on your wages

What Should You Do?
If you've been hurt on the job due to a coworker or employer's negligence:

·   Seek immediate medical assistance
·   Keep evidence (receipts or photographs etc.)
·   Seek immediate legal advice

With all litigation, there are strict deadlines to bring a lawsuit or claim such as work injury claims. Therefore, speaking to an attorney familiar with workers’ compensation laws about your rights and the process will bring you peace of mind and protect your legal interests.

Why Choose Us?
Every day we help people who've been injured at work to ensure that they receive the best medical care and receive the compensation that they are entitled to under the law.

We're here to help you get maximum compensation allowable under the law for your work-related injury. Get in touch with a well-informed Alabama workers’ compensation attorney at The Law Office of Attorney Richard F. Matthews, Jr., LLC.

Matt Matthews is an experienced workers’ compensation lawyer. He will look at all the aspects of your claim to ensure you are receiving the benefits you are entitled to under the Workers’ Compensation Act.

Call at 334-398-8408 and book your consultation session today.

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

Industrial Injury Due To Defective Products

Fri, 05 Jun 2020 12:01:56 GMT

Industrial Injury Due To Defective Products

Any product or equipment that doesn't work in its intended purpose can lead to workplace injury and negatively impact your overall well-being or your entire life.

But, if it was a defective product that injured you, you can easily file a product liability claim in addition to your application for workers' compensation benefits.

What Are Industrial Injuries?
Any injury that is caused by an accident at work, mainly due to the use of defective or unsafe products, classifies as an industrial injury. Defective products at work come under the legal provisions surrounding product liability laws. These situations are further complicated when the incident is said to have occurred in your workplace. Under such circumstances, it's hard for the victims to figure out what they can do next to recover for their injuries.

Types of Industrial Injuries
In case of industrial injury caused due to defective product, you may be entitled to compensation for:

·   Physical injuries (neck, facial, and shoulder injuries, knee dislocation, broken bones, burns, trauma, deafness, and chemical exposure etc.)
·   Psychological issues
·   Medical expenses
·   Disability compensation
·   Ongoing treatment and rehabilitation
·   Loss of wages, including current or future, or both
·   Other damage associated with the injury impacting you or your family

Common complaints arise out of the following roles:

·   Nursing/personal care
·   Warehouse
·   Meat processing
·   Construction

Industrial Injuries & Defective Products
You may be able to recover additional compensation in a third-party defective product claim if the product:

·   Isn't tested correctly before getting to the marketplace
·   Has defects either in design or manufacturing
·   Defects or hazardous nature of individual components weren’t identified earlier
·   Installation wasn't carried out safely or effectively
·   Manufacturer, supplier, or retailer didn't adequately warn about the dangerous aspects of the product

When a worker is injured by some piece of equipment that is defective, failed to work correctly or is inherently insecure or dangerous, the manufacturer of the machine may be held liable for the injury if it knew of the danger and/or didn't warn the injured person of the threat. In such circumstances, the manufacturer may have to compensate the injured person for medical expenses, lost wages, as well as pain and suffering.

Book Your Free Consultation Today!
If an unsafe machine or other equipment has injured you in your workplace, speak to an experienced attorney about your rights. As an injured victim, sorting out the discrepancies between your workers' compensation claim as well as the defective product liability claim may necessitate the assistance of a skilled product liability attorney.

When you speak with Richard F. “Matt” Matthews, Jr., at The Law Office of Attorney Richard F. Matthews, Jr., LLC we help you understand your rights as an employee and clear up any misunderstandings.

Please feel free to call us at 334-398-8408 now and request a free legal consultation right away!

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

I'm The Victim of a Rear-End Collision

Wed, 20 May 2020 12:04:07 GMT

I'm The Victim of a Rear-End Collision

Rear-end collisions are one of the most common types of automobile accidents in the United States. In fact, according to a report by the Washington Post, nearly 1.7 million rear-end collisions are reported every year in the United States that end up killing about 170,000 people and injuring another half a million.

"I am the victim of a rear-end collision in Alabama. What should I do?"

If you have been involved in a rear-end collision that was caused by a negligent, inattentive driver and suffered injuries, the experienced Alabama car accident attorneys at the Law Office of Attorney Richard F. “Matt” Matthews can help you receive the compensation you deserve.

Determining Liability For a Rear-End Collision

In most cases, most — if not all — of the liability in a rear-end collision is pinned on the other driver. Perhaps the driver was "tailgating" you (following you too closely) and failed to see you had slowed down or stopped until it was too late and crashed into your car. However, there are also a few rare instances where you may be held partially at fault for a rear-end collision, such as:

a) If you hit the brakes suddenly for no apparent reason in a manner that is unreasonable and unsafe,
b) If you make an illegal and dangerous lane change or turn in front of the rear driver,
c) If you fail to replace broken or/and defective brake lights, and

d) If you continue to drive with a mechanical problem or flat tire and not using hazard lights or pulling over.

Common Injuries in Rear End Crashes

Most rear-end collisions are dismissed as minor fender benders. However, such accidents — particularly those that occur while vehicles are traveling at high speeds — have the potential to inflict life-threatening injuries. Some of the most common injuries that may be sustained in a rear-end collision may include:

●   Whiplash
●   Lacerations and bruising
●   Spinal damage
●   Head injuries caused by inflating air bags
●   Shoulder injuries
●   Knee injuries
●   Broken bones

● Traumatic brain injury (TBI)

If you need help recovering compensation for your physical, mental and financial suffering following a rear-end car accident in Alabama, we can help.

At the Law Office of Richard F. Matthews, our vast Alabama auto accident and personal injury experience allow us to proficiently communicate and negotiate with the insurance adjuster involved so that you can receive the compensation you deserve. In the event that a favorable settlement cannot be negotiated, we have the trial experience necessary to aggressively litigate your personal injury auto accident claim to ensure your interests are protected.
Call us at (334) 398-8408 or fill an online form now to get started with your FREE case evaluation and legal consultation.

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

Work Injuries Through OSHA Violations

Tue, 05 May 2020 12:04:59 GMT

Work Injuries Through OSHA Violations

From the formation of unions to laws concerning workers’ compensation rights, there are several legal restrictions for the protection of the employed at their place of work. One important example of this is the Occupational Safety and Health Administration, also known as OSHA.

OSHA is a federal agency responsible for enforcing health and safety regulations in workplace environments. Employers, employees, and manufacturers are all obligated to follow the OSHA guidelines to maintain safe work environments and prevent serious injuries and fatalities.

Forms of OSHA Violations
There are many ways in which an employer or management team can violate the important OSHA safety standards. Some common forms of non-compliance include the following:

●   Not properly constructing scaffolding or structuring scaffolds
●   Not properly developing a system of fall protection on construction sites
●   Not adequately communicating the presence of hazards
●   Not properly training employees to meet safety requirements
●   Not maintaining control of hazardous energy
●   Failing to offer proper respiratory protection
●   Improper wiring methods or other forms of electrical hazards
●   Improperly designed electrical systems

● Poorly managed use of highly hazardous chemical substances

Work Injuries Due to OSHA Violations

While some of the OSHA violations we mentioned above are more severe than others, any of them could potentially lead to a tragic workplace accident. Some of the most common work injuries that can happen due to non-compliance are:

Industrial accidents: Accidents from slips, trip and fall, faulty machinery, ladders, tools falling from a height, injury while lifting goods, injuries to eyes and ears causing blindness or deafness, head and back injuries are some common problems that are seen in a factory.

Chemical factories, Labs and health care facilities: Contracting diseases and hazardous substances is a very common affair in the chemical industry, hospitals and research & development labs. Working with harmful chemicals or biological substances may have an immediate effect in some cases. However, in rare instances such as arsenic poisoning, asbestos, lead poisoning and biological agents such as HIV, the effects come out very slowly taking months and sometimes years to reveal the injury or disease.

Domestic workplaces and offices accidents: Domestic places present less opportunity for any kind of major injury, yet accidents do happen. These places are common for personal injuries such as Carpal tunnel, depression, neck injury, repetitive stress injury, etc. cuts, burns and lacerations are very common. Nothing fatal usually happens. But the possibility cannot be ruled out.

Final Notes
If you were recently injured at work, you might be entitled to compensation for the pain and suffering you have experienced as a result of the accident. This is where an experienced worker’s compensation attorney at the Law Office of Richard F. Matthews can help. Attorney Matt Matthews has the experience and knowledge to navigate the complexities of the laws involving workman's compensation and OSHA regulations and can bring the full weight of legal action where it is needed to ensure the maximum settlement is gained. Call 334-398-8408 or contact us online to discuss your legal options today.

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

Industrial Accident Due To A Coworker's Negligence

Mon, 20 Apr 2020 12:34:57 GMT

Industrial Accident Due To A Coworker's Negligence

If you work in a dangerous industry, you might rely on safety procedures and equipment on a daily basis. One mistake can result in industrial accidents and potentially life-changing injuries. Sometimes, industrial accidents are unavoidable, though they can also happen because a coworker engaged in negligent conduct.

Common Industrial Accidents Caused by Negligence
Many types of accidents can happen on construction sites, in warehouses, in manufacturing plants, and in other work environments. Some common industrial accidents that occur when someone acts improperly include:

●   Falls from high places
●   Heavy equipment accidents
●   Power tool accidents
●   Getting hit by falling objects
●   Chemical exposure or burns

These can happen for many reasons, including errors by a coworker, and they can cause serious injuries and losses.

Covering Your Losses
When a driver is negligent and causes injuries from a car accident, injured victims can file a claim to seek compensation for their losses from the negligent driver’s insurance company. However, the situation can be different if an accident happened at work due to a coworker’s negligence.

First, you will want to file a workers’ compensation claim. Workers’ compensation should provide benefits after nearly any type of on-the-job accident, regardless of whether the accident was someone else’s fault or not. Workers’ compensation benefits can include:

●   Coverage of all medical expenses
●   Wage replacement equaling two-thirds of your average weekly wages
●   Disability benefits if you cannot return to work for some time or at all

Many workers’ compensation insurers will try to limit the benefits they pay out to injured workers, so it is important to have an experienced workers’ compensation attorney handling your claim to protect your rights. If your claim is denied for any reason, your first call should be to an attorney who can help you appeal the denial.

Can You Sue Your Coworker or Employer?
Workers’ compensation does not provide payment for pain and suffering or other intangible losses, which can be extensive if your injury is severe. It is normal to wonder whether you can file a lawsuit against your coworker or employer since the accident happened due to negligence.

In Alabama, workers’ compensation laws prohibit injured workers from suing their employers or coworkers for negligence. You do have the right to file a claim against a negligent third party - such as an equipment manufacturer or another driver - though you cannot sue your employer.

The exception to the rule is if your coworker acted willfully. Willful conduct gives rise to your right to file a lawsuit, and you must prove that:

● Your coworker acted with the intent or design to injure, or
● Your coworker acted with the substantial certainty that injury would result from their conduct

This does not apply if a coworker made a negligent error, though you should speak to an attorney about a possible right to file a third-party claim or a claim against a coworker who acted willfully. You must pursue your claims within a specific time which is two years from the date of the negligent act or accident. If you fail to protect your rights within that time limitation, then your claim could be forever barred. It’s also important to hire an attorney soon to make sure that witnesses can be contacted and interviewed about the accident.

Contact a Workplace Accident Attorney in Alabama Right Away
Attorney Matt Matthews represents injured workers in both workers’ compensation cases and third-party claims. Call 334-398-8408 or contact us online to discuss your legal options for compensation today.

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

Alabama Car Accident Lawyer | Top Auto Accident Causes

Sun, 05 Apr 2020 12:38:20 GMT

Experienced Alabama Car Accident Lawyer: Common Causes of Auto Accidents

According to the Alabama Department of Transportation , a person was injured in a traffic accident every 11 minutes in 2017. Fortunately for victims, Alabama allows people who are hurt in accidents caused by the negligence of others to recover compensation for their accident-related injuries. To determine whether you can recover for your accident, you should discuss your case with Alabama personal injury lawyer Matt Matthews today.

Negligence and Car Crashes
Car accidents can occur for a number of reasons, but what’s important for victims who are trying to recover compensation is whether they were the result of someone else’s negligence. Negligence occurs when a person fails to use the degree of care that would ordinarily be used by a reasonable person in the same circumstances. In plain English, this means that a driver is negligent when he or she is careless or violates the law. Some examples of driver negligence that often leads to serious accidents include:

● Distracted driving
● Speeding
● Driving while impaired by drugs or alcohol
● Improper turns
● Failing to use headlights or turn signals

Whether negligence occurred in any given situation is a highly fact-dependent issue, so you should always have a lawyer review the facts of your case.

Why You Should Always Call an Attorney after an Accident
If you have suffered injuries in an accident, you may be wondering whether you need to retain an attorney to represent you, especially if the other party’s insurance company has indicated it wants to settle the case. The fact of the matter is that it’s highly advisable for all car accident victims to retain a lawyer because insurance companies have one goal, and that’s paying out as little as possible on every claim they receive. Some of the tactics they use to minimize payouts include:

● Making unreasonably low settlement offers
● Making settlement offers before victims have a chance to talk to a lawyer
● Waiting to process a claim until they know that victims are facing significant accident-related expenses
● Misrepresenting victims’ legal rights (for example, telling you that you are not entitled to compensation for pain and suffering)
● Making unreasonably broad requests to dig through victims’ medical records
● Pressuring victims’ into providing recorded statements

By retaining an attorney familiar with these and other insurance company tactics, you can rest assured that your rights will be protected and that you get the full and fair value of your claim. If the insurance company refuses to make a settlement offer that adequately compensates you for your losses, your attorney will likely file a lawsuit against the at-fault driver that caused your accident to ensure that you obtain the compensation you deserve. You must pursue your claims within a specific time which is two years from the date of the negligent act or accident. If you fail to protect your rights within that time limitation, then your claim could be forever barred. It's also important to hire an attorney soon to make sure that witnesses can be contacted and interviewed about the accident.

Speak with an Alabama Car Accident Lawyer About Your Rights
If you have been hurt in a car accident, you should discuss your case with a lawyer as soon as you can. Attorney Matt Matthews is a skilled Alabama personal injury attorney who knows how to get clients the compensation they deserve. Call 334-398-8408 or contact us online with an experienced lawyer.

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

Permanent Injuries At The Workplace

Fri, 20 Mar 2020 12:39:50 GMT

Permanent Injuries At The Workplace

When you go to work, you might not expect to end up in the emergency room with severe injuries. Even if you work in a high-risk industry, such as construction, you might believe that safety standards and practices will protect you from injuries. However, the Occupational Safety and Health Administration (OSHA) reports that about 2.8 million people suffered nonfatal job-related injuries and illnesses in a single year in the United States.

Some work-related injuries are relatively minor, and you can recover with a short course of medical treatment and some rest. On the other hand, some people have their lives permanently changed by a workplace accident, as they will feel the effects of their injuries for the rest of their lives.

Injuries that Cause Permanent Impairment
There are a variety of injuries common in work accidents that can result in permanent disabilities and impairments. Such injuries can include the following:

Traumatic brain injury (TBI) - Trauma to the head can result in a severe TBI, which can lead to a coma and the need for intensive care. Once a victim of a severe TBI wakes up, they will likely face many impairments, which can be cognitive, physical, and/or behavioral. Many TBI victims are never the same and cannot return to their previous jobs.

Spinal cord injury (SCI) - In some accidents, a person’s spinal cord might be completely severed or damaged, cutting off signals from the brain to the parts of the body below the point of injury. “Complete” spinal injury can result in permanent paralysis, which involves the loss of sensation and movement ability in your limbs, as well as the possible loss of organ function.

Amputation - Traumatic amputations can happen in workplace accidents, and in some situations, medical professionals might not be able to reattach the severed body part. Surgical amputations might also be needed after crush injuries or severe burns. Losing a body part will change the way you live your life, and you might need to relearn many daily tasks or activities. While there are state-of-the-art prosthetics available, they are costly and need to be regularly replaced.

Burn injuries - Third or fourth-degree burns damage all the layers of your skin, as well as tissue under the skin. These severe burns are extraordinarily painful and come with a high risk of infections, sepsis, or other complications. Many victims need to spend weeks or months in a burn center for monitoring and treatment, which can include numerous skin grafts and other painful procedures. Burns can leave people with permanent disfigurement and the loss of the use of certain body parts.

Contact an Alabama Workers’ Compensation Attorney for the Help You Need
Workplace injury cases involving permanent injuries can be highly complex. It is essential to have the right injury lawyer helping you receive workers’ compensation benefits for disabilities, as well as compensation from any third parties who caused the accident. Attorney Matt Matthews represents clients with life-altering injuries, so please call our office today at 334-398-8408 or contact us online for a free case evaluation.

What Causes Slip & Fall Accidents?

Thu, 05 Mar 2020 13:07:42 GMT

What Causes Slip & Fall Accidents?

According to the National Floor Safety Institute (NFSI), over 1 million people each year visit emergency rooms because of injuries they sustained in a slip and fall accident. These incidents can happen for a variety of reasons, but when they are the result of someone else’s negligence, victims can often recover compensation for their injuries. The best way to find out whether you can file a claim is to discuss your case with an experienced Alabama personal injury lawyer as soon as you can.

Was Your Slip & Fall the Result of Negligence?
Under Alabama law , negligence occurs when a person fails to use the degree of care that would ordinarily be used by a reasonable person in the same or similar circumstances. There are a variety of slip and fall hazards that are typically the result of negligence, including:

●   Inadequate lighting
●   Debris in walkways
●   Torn carpet
●   Wet floors
●   Uneven stairs
●   Stairwells without handrails
●   Exposed electrical wiring
●   Failing to warn of slipping hazards
●   Slippery flooring materials

As a victim, it's critical to understand that negligence is a complicated legal concept, and the existence of a slip and fall hazard is itself does not entitle victims to file a claim. The standard of "reasonableness" is very fact-specific. For example, whether the presence of a liquid spill was the result of a shopkeeper's negligence depends on a number of factors, including how long it had been there, it's location, and whether the shopkeeper or his or her employees had reason to be aware of it.

Protecting Your Rights after a Slip & Fall

If you are hurt in a slip and fall accident, there are certain steps you should take to protect your legal rights.

Document the Incident

If you are not too injured to do so, document the incident as thoroughly as possible. Take pictures of the hazard that caused your accident and ask witnesses for their contact information. In the event that your fall occurred in a commercial setting, make sure the manager on duty generates an incident report.

Seek Medical Attention

You should seek medical attention after any slip and fall incident, even if you think your injuries aren't particularly serious or will heal on their own. Not only is it extremely important to have your injuries properly diagnosed and treated, but you also need to develop an official medical record in order to support any claim you may make in the future.

Retain an Attorney as Soon as You Can

You should retain a personal injury lawyer in Alabama as soon as you can after a slip and fall accident. A lawyer will ensure that you are not manipulated into accepting a lowball settlement offer from the insurance company and that you get the full value of your claim.

Call Us Today to Schedule a Case Evaluation with an Alabama Personal Injury Lawyer
If you have been injured in a slip and fall accident, you should speak to an attorney as soon as you can. Attorney Matt Matthews understands how seriously preventable accidents can affect victims’ and their families and works hard to ensure that every client he represents gets the compensation they deserve. To schedule a consultation with Mr. Matthews, call our office today at 334-398-8408 or contact us online.

Third-Party Claims when Hurt at Work

Thu, 20 Feb 2020 13:13:10 GMT

Third-Party Claims when Hurt at Work

As an employee, you may have heard that your only recourse after a workplace injury is to file a workers' compensation claim. While it is certainly the case that Alabama’s workers’ compensation statute does prevent workers from filing a personal injury claim against their employers , it does not prevent them from filing a personal injury claim against a third party whose negligence caused a workplace accident.

There are various parties whose negligence could result in a workplace accident and third-party liability. Some of the most common are discussed below. To learn more or to discuss the specifics of your case with a personal injury lawyer in Alabama, call our office today.

Independent Contractors

Independent contractors are common at many worksites, including construction sites, offices, and jobs involving general labor. When the negligence of an independent contractor results in an accident, victims can typically file a personal injury claim against the independent contractor - or his or her employer. For example, let's say you are a construction worker, and your company hires an outside firm to perform a specific task. If one of the outside firm's employees causes an accident, you may be able to recover compensation from that firm.

Manufacturers

All of us use various products while we are at work. Painters often work from ladders, office workers sit on chairs, factory workers operate various pieces of equipment, and the list goes on and on. If a product you are using in the course of your work is defectively designed, manufactured, or marketed, and that defect leads to a workplace injury, you can likely file a product liability claim against the product's manufacturer to recover for your losses.

Drivers
If you are injured in a car accident while you are driving within the scope of your employment and the accident was the result of another driver’s negligence, you can likely recover compensation from the other driver (typically through his or her insurance company). Some examples of driver conduct that usually qualifies as negligence includes:

●   Speeding
●   Distracted driving
●   Following too closely
●   Impaired driving

● Failing to signal lane changes and turns

Why Does it Matter?

You may be wondering why you would want to go through the trouble of filing a personal injury claim against a third-party when you are entitled to workers’ compensation benefits regardless of fault. The reason that it’s always preferable to file a personal injury claim if you can is that personal injury claims provide compensation for non-economic losses like pain and suffering, while workers’ compensation does not.

Call Us Today to Schedule a Free Case Evaluation with an Alabama Personal Injury Attorney
If you have sustained an injury at work that was caused by a third party’s negligence, there’s a good chance that you are entitled to compensation for your losses. For nearly two decades, attorney Matt Matthews has been helping injured victims get the compensation they deserve under Alabama law. To schedule a consultation with Mr. Matthews, call our office today at 334-398-8404 or contact us online.

Industrial Injury Due to Mechanical Failure

Wed, 05 Feb 2020 13:50:40 GMT

Industrial Injury Due to Mechanical Failure

If you work in an industrial setting like a factory, manufacturing plant, or warehouse, there’s a good chance that you work around heavy machinery on a daily basis. Working around heavy machinery is one of the things that makes industrial work so dangerous - and that’s when it works as it should. In the event of a mechanical failure, serious accidents can happen, often resulting in severe injuries to workers and anyone else who happens to be in the vicinity.

Fortunately for victims, people injured in industrial accidents involving mechanical failures are often entitled to benefits through Alabama’s workers’ compensation program or compensation through a personal injury claim. If you have been involved in an industrial accident involving a mechanical failure, you should call an Alabama personal injury lawyer immediately to discuss your legal options.

Common Injuries Involving Mechanical Failures
When machinery fails, it can cause serious injuries to workers. Of course, the injuries a failure can cause depends largely on the type of machinery at issue and the failure that occurred. Some of the more common injuries that occur after mechanical failures include:

●   Burns
●   Severe lacerations
●   Crush injuries
●   Accidental amputations
●   Traumatic brain injuries
●   Electrical Injuries
●   Spinal cord injuries

In many cases, these injuries are so severe that victims are unable to return to work for weeks or months, if at all. In addition, many of these injuries can leave victims with disabilities or permanent impairments. As a result, it’s critical that victims protect their rights by retaining an Alabama personal injury attorney as soon as possible.

Personal Injury Claims vs. Workers’ Compensation
Whether you can pursue a workers’ compensation or a personal injury claim after an industrial accident involving mechanical failure depends on whose fault the accident was. Importantly, it is almost always a better idea to pursue a personal injury claim if you can, as more compensation is typically available.

Workers’ compensation provides benefits regardless of fault, but it also prevents employees from suing their employers. As a result, if the accident was caused by your own negligence or the negligence of your employer, you will be limited to pursuing workers’ compensation benefits. If, on the other hand, the mechanical failure was due to a design or manufacture defect or the manufacturer’s failure to warn users about a non-obvious danger posed by their equipment, you will likely be able to bring a personal injury claim against the manufacturer.

Because the causes of industrial accidents are not always clear, it's highly advisable to always discuss your case with an experienced lawyer. Failing to do may result in missing out on significant compensation to which you are entitled.

Call Us Today to Schedule a Consultation with an Alabama Personal Injury Lawyer
If you have sustained an injury that you believe was related to defective equipment, it’s in your best interest to contact an attorney as soon as you can. Matt Matthews is an experienced Alabama lawyer who is committed to helping injured victims recover compensation. To schedule a case evaluation with Mr. Matthews, call our office today at 334-398-8408 or contact us online.

Personal Injury Caused By A Company

Mon, 20 Jan 2020 13:15:24 GMT

Personal Injury Caused By A Company

When you think of a personal injury claim, you might first think of a case between two individuals, such as a driver and an accident victim. While some accidents happen due to the negligence of other people, did you know that companies can also be liable for many injuries?

Companies can cause injuries in numerous ways, and getting compensation for your medical bills and other losses from a corporation can be a challenging task. You need the right legal representation from an Alabama injury attorney who can stand up to companies and fight for your rights. The Office of Attorney Richard F. Matthews, Jr. serves the entire state of Alabama, including the River Region and surrounding areas. Call us today at 334-398-8404 or contact us online for a free case evaluation today.

How companies cause injuries:
While each injury claim is unique, there are common ways that companies can be negligent and cause injuries. The following are some incidents that lead to personal injury claims against corporations:

Premises liability claims— “Premises liability” is a legal cause of action that stems from injuries that occur on another party’s property, such as a store or business. When you are visiting a business, and you suffer injuries due to hazardous property conditions, the company should be responsible for all of your injury-related losses. Perhaps the most common premises liability claim is for slip and fall accidents. Slip and falls regularly occur when store employees fail to inspect the store and address hazards, or they fail to warn customers of possible hazards. Other premises liability claims might involve:

●   Hotel accidents
●   Swimming pool accidents
●   Falls down stairs or from high places
●   Getting hit by falling objects
●   Electrical accidents

Products liability claims— Product liability claims arise when defective products cause injury to consumers. Virtually any type of defective consumer product can cause injuries, and one only needs to visit the Consumer Product Safety Commission (CPSC) website in order to scroll through the scores of dangerous products that have recently caused injuries. Some of the categories of defective products that can cause injuries include:

●   Vehicles
●   Kitchen appliances
●   Power tools
●   Cosmetics
●   Baby products

Product liability claims fall into one of three categories: those involving defective design, those involving defective manufacture, and those involving defective marketing (also referred to as “failure to warn” claims). If you have been injured by a defective product, make sure to save the item that caused your injury as well as any packaging or documentation you held onto. Next, call a lawyer as soon as you can.

Can employers be liable?

Importantly, employers can often be held liable for the tortious acts of their employees. Under a legal doctrine known as respondeat superior , when an employee acting within the scope of his or her employment negligently causes an injury, victims can bring a claim against the employee’s employer. For example, if a delivery driver causes an accident while making a delivery that injures you, there’s a good chance that you’d be able to recover from his or her employer. If, however, the delivery driver was off the clock or was stopping for a personal errand, the employer would likely not be liable, as the accident did not occur within the scope of the driver’s employment.

Consult with an Alabama personal injury attorney:
At Office of Attorney Richard F. Matthews, Jr., we’re committed to helping injured victims obtain the compensation to which they are entitled under Alabama law. To find out how we can help you, call our office today at 334-398-8408 or contact us online for your free consultation.

Victims of a Hit-And-Run

Sun, 05 Jan 2020 13:02:05 GMT

Victims of a Hit-And-Run

Every driver should know what to do in case of a collision - you should stop your vehicle in a safe location and, at the very least, exchange your information with the other drivers involved. If the accident is more serious, it is wise to call 911, so emergency personnel arrive on the scene as soon as possible. In some situations, however, the other driver might not comply with these responsibilities, and they might simply drive away without stopping.

It can be devastating to watch the driver who hit you flee the scene of the accident. You might wonder if you have any options and who will be responsible for the costs of property damage and medical bills for your injuries. It is important to call The Office of Attorney Richard F. Matthews, Jr. as soon as possible after a hit-and-run.

Our firm represents car accident victims throughout Alabama, including in and around Troy, Montgomery, Selma, Millbrook, Prattville, Wetumpka, and Tuskegee, as well as the counties of Montgomery, Pike, Autauga, and Elmore. If you need help from an Alabama hit-and-run lawyer, call us at 334-398-8404 or contact us online for help today.

Why do drivers hit and run?

People flee accident scenes for many different reasons. Often, it is because they do not have a valid driver’s license or insurance, they might be impaired, they might be in possession of contraband, or they are otherwise in violation of the law and want to prevent an arrest. However, leaving the scene of an accident is a crime in itself, and drivers who hit and run can face serious criminal charges if they are caught. No matter why a driver leaves the scene, it can still leave victims feeling helpless, especially if they suffered serious injuries in the crash.

Protect your rights after a hit-and-run:
If you are involved in a hit-and-run, you should immediately call 911. Give authorities the description of the vehicle and any other identifying information you can recall, so they have a better chance of finding the driver. Seek the medical treatment you need to prevent unnecessary complications, and then call an experienced Alabama hit-and-run attorney to discuss your legal rights and options.

If law enforcement officers find the driver, we can help you file the appropriate claims with that driver’s insurance company or in civil court. In many cases, the hit-and-run driver is never identified, which means we can assist you with a claim with your own insurance company. Insurers treat hit-and-runs like uninsured motorist claims, so your UM policy should cover your accident-related losses. Getting the compensation you deserve can be a challenging process, even from your own insurer. It is important to have qualified legal representation.

Speak to an Alabama hit-and-run attorney:
The Office of Attorney Richard F. Matthews, Jr. handles all types of car accident claims, including hit-and-runs. If you would like to discuss a possible case with an experienced Alabama car accident lawyer, please call us today at 334-398-8404 or contact us online .

I Need Defense Against Criminal Charges

Fri, 20 Dec 2019 13:02:54 GMT

I Need Defense Against Criminal Charges

If you are arrested and charged with a state or federal crime, you don't have a minute to waste. You must call a lawyer who knows criminal law and will fight for your rights immediately. If you don't, you could get stuck with a court-appointed lawyer who may not have the time to dedicate to your case and you may not get the outcome that you desire.

What to do if you are arrested:
First of all, remain calm. Do not fight the officers attempting to place you in custody. If you resist arrest, you will only make the situation worse. Also, advise the law enforcement officers that you do not want to make any statements about any alleged violations of the law until you have your lawyer present.

Next, call Richard F. “Matt” Matthews, Jr., an Alabama state and federal criminal defense lawyer at The Office of Attorney Richard F. Matthews, Jr., who can begin working on your criminal legal matter right away. We will assist you in formulating a strong legal defense to the crime or crimes with which you have been charged. If you prefer to not to go to trial, Matt Matthews can fight to secure a favorable plea deal with the prosecuting attorney that has been assigned to your criminal case. We can also represent you at a sentence hearing and work to minimize the penalties and life consequences associated with a criminal conviction.

The difference between state court and federal court:
In most cases, a federal court case is much more complex than a state court case. State court matters usually involve violations of state laws, while federal court is usually implicated where an individual violated a federal statute or other law. Federal prosecutions typically involve larger drug transactions, weapons, large-scale fraud cases, government fraud or bank robberies. If you are convicted in federal court, there are mandatory minimum sentences for certain crimes and there is no parole from a federal court sentence.

The difference between felonies and misdemeanors:
Crimes are generally divided into two categories: felonies and misdemeanors. Felonies are more serious and carry significant penalties upon conviction. Misdemeanors are less serious and are usually punishable by less than one year in incarceration. For a misdemeanor conviction, a sentencing judge may impose jail time for up to a year, monetary penalties, community service and a host of other penalties. Felony convictions, on the other hand, are usually punishable by more than one year in jail, along with fines, community service and other penalties.

In addition to criminal penalties associated with a felony or misdemeanor conviction, the convicted individual will also have a criminal conviction record to deal with. A criminal record will likely have an impact on the rest of the convicted person's life. It can make it difficult for him or her to find a meaningful job, a place to live or obtain an education at a college or university because these institutions routinely perform background checks that include criminal activity on applicants.

Hire an attorney to represent you:
At The Law Office of Attorney Richard F. Matthews, Jr., we take pride in our strong client representation. We will do everything possible to prepare your legal matter for trial in the state or federal court system and help you attain the best possible result in your case. We represent individuals throughout the state of Alabama, including Montgomery County, Pike County, Elmore County, Autauga County and the River Region of Alabama, including the cities of Montgomery, Troy, Wetumpka, Prattville, Millbrook, Selma and Tuskegee. To schedule a free case evaluation and legal consultation with an Alabama wrongful death attorney, please call us today at 334-398-8408 or contact us online for more information.

What Can I Do After A Wrongful Death?

Thu, 05 Dec 2019 13:10:19 GMT

What Can I Do After A Wrongful Death?

What constitutes a wrongful death?
Any fatality caused by the wrongful acts of another person. When an individual passes away because of another person's wrongful act or negligence, the personal representative of the person's estate may be able to file a wrongful death claim or lawsuit on behalf of the estate. If the estate prevails in the wrongful death case, the estate may be able to recover damages.

There are several procedural and time requirements to which you must adhere for wrongful death claims. Failing to adhere to these requirements could result in the claim being barred by these time limitations, called Statutes of Limitations, and potentially any lawsuit dismissed.

Richard F. “Matt” Matthews, Jr, an Alabama wrongful death attorney at The Office of Attorney Richard F. Matthews, Jr., could explain all the options under the law and assist you with filing a wrongful death claim or lawsuit. We represent individuals throughout the state of Alabama, including Montgomery County, Pike County, Elmore County, Autauga County and the River Region of Alabama, including the cities of Montgomery, Troy, Wetumpka, Prattville, Millbrook, Selma and Tuskegee. Call us today at 334-398-8404 or contact us online to discover more about how we could assist you in a wrongful death action.

What to do first:
One of the prerequisites to filing a wrongful death claim or lawsuit is to open an estate on behalf of your deceased loved one. When opening the estate, an executor will need to be selected. In simple terms, an executor executes the wishes of the deceased. When it comes to wrongful death actions, only the executor of the decedent's estate may file a wrongful death lawsuit.

When can a wrongful death action be filed?
Alabama's wrongful death laws are unique and different than the laws in other jurisdictions across the United States. In the state of Alabama, the executor of a decedent's estate may only file a wrongful death lawsuit if the deceased person would have been able to recover damages for the omission, wrongful act or negligent act, had the deceased person survived the accident.

Once the executor files a wrongful death lawsuit and recovers damages, those damages do not automatically become part of the deceased person's estate. Because of this, those damages are not subject to distribution in accordance to the loved one's trust or will that is in place. Rather these damages are distributed according to the State of Alabama's intestacy laws which act as if the deceased dies without having a will in place. This means that relatives that are not a part of the will may recover some of the proceeds of the wrongful death lawsuit, in accordance with the state laws regarding interstate succession.

Hire an attorney to represent you:
At The Law Office of Attorney Richard F. Matthews, Jr., we can assist you with every aspect of a wrongful death case, including filing a claim or lawsuit for wrongful death and pursuing monetary compensation on behalf of the deceased loved one's estate. To schedule a free case evaluation and legal consultation with an Alabama wrongful death attorney, please call us today at 334-398-8408 or contact us online for more information.

Law Firm Montgomery AL | Personal Injuries and Lawsuits

Tue, 29 Oct 2019 19:47:48 GMT

Personal Injuries and Lawsuits | Law Firm Montgomery AL

Personal Injury Claims or Lawsuits

Personal Injury Claims can result from a myriad of situations caused by another person’s negligence. If another person or company causes you to be injured, you are due compensation. If you are injured due to someone else’s negligence or willful conduct, you may seek compensation from them for medical bills, mental anguish, lost wages, pain and suffering and any out of pocket expenses that you incurred due to their conduct.

In addition to car wrecks, there are claims caused by companies or individuals that fail to make an area safe for patrons of companies, industrial accidents caused in work sites, medical negligence cases involving improper medical care, mental anguish cases involving family deaths and funeral homes or cemeteries. If you think someone has caused you or your loved one to be injured due to their negligent or willful conduct you need to contact an attorney.

An attorney will help you investigate and research your claims. If possible, the attorney will negotiate the claim with the other party of their insurance company to get you compensation for your injuries and claims. However, if a settlement cannot be negotiated, a lawsuit will have to be filed. There are strict time limitations, called Statutes of Limitations, that must be adhered to by filing the lawsuit within that time limit or else your case will be forever barred. You need an attorney to make sure that your case is presented to the judge or jury in the appropriate way with all rules of evidence followed to make sure that your case is heard and if possible, ruled on in your favor.

Once a lawsuit is filed in court, there are set actions that must take place in order to allow the parties to know what the evidence is from the other party. Requests for documents and questions will be posed by all the parties and there are time limits set by the rules and courts set deadlines for the handling of the “discovery” phase of the litigation. There are different procedures that attorneys can take to try to resolve the case without having to present the case to a jury or judge for final determination on the facts of the case. You need a seasoned trial attorney that can assist you in the handling of any lawsuit.

Conclusion

If you are injured because of someone else's carelessness or negligence, you need to contact an attorney that specializes in personal injury cases to help you get the compensation that you deserve. Don't let someone else ruin your life because of their negligence.

A personal injury attorney at The Law Office of Attorney Richard F. Matthews, Jr., LLC , can assist you with pursuing the compensation you need. Our knowledgeable legal team represents accident victims throughout Alabama, including Montgomery County, Pike County, Elmore County, Autauga County and the River Region of Alabama, including the cities of Montgomery, Troy, Wetumpka, Prattville, Millbrook, Selma and Tuskegee. Call us today at 334-398-8404 or contact us online to schedule a free case evaluation and legal consultation or just to learn more about how we can assist you with filing your claim or lawsuit against the at-fault party.

What to do when you are involved in a car accident

Tue, 29 Oct 2019 19:41:48 GMT

What to do when you are involved in a car accident

What to do when you’re the victim of a car accident:

Stop. Don’t drive away from the scene of an accident. Put on your flashers or hazard lights to notify other drivers that something has happened.

Call 911 if you are involved in an automobile accident. When speaking with the 911 operator, request medical attention for you and your passengers if you think any of you may be injured. Some injuries may hurt initially or after a while of sitting waiting for the first responders to arrive on the scene. If you are unsure if you are hurt, say you are unsure instead of no. It is important for you to make sure you are safe before you move or get out of your vehicle.

If you are not injured to the extent that you cannot get out of the vehicle, get out of the vehicle safely avoiding any other vehicles that may be traveling on the roadway, and check on anyone else in any other vehicles.

When the officer arrives, provide them with all information about what happened. Do not speculate and only tell the officer what you observed or how the accident occurred to the best of your ability.

Things to do When it is Safe:

Take pictures of the vehicles with your phone or camera. Also, take pictures of the roadway, intersection or other important markers, trees or roadside obstacles, or roadway conditions that may be needed for review later. Make sure to email those pictures to yourself, another person, or the Law Office of Richard F. Matthews, Jr., LLC, in order to preserve them (in the event your phone is damaged someway).

Speak with any witnesses that may have seen what happened. Never admit if you were at fault. Make sure to write down all their contact information about what they saw and how to get in touch with them so that you and your attorney or insurance company can discuss what they saw and how the accident occurred. If you can safely do so, record them telling what they saw and how the accident occurred on a recording app on your phone.

Notify your car insurance company about the accident. You have a duty under your insurance policy to notify them promptly of an accident and to work with your insurance company as they investigate the accident. Your insurance policy likely provides coverage for different types of coverages such as covering medical bills related to the accident (medical payments coverage or commonly referred to as “Med Pay”, a rental car if your car is not able to be driven from the accident, as well as other coverages such as coverages for bodily injury claims if the at fault party does not have insurance or does not have enough insurance available to cover your claims (uninsured or underinsured motorist coverage).

Seek medical attention if you need it. After an automobile accident, some injuries do not manifest themselves until a few hours later or even within the next few days after that actual injury. Unless you are absolutely certain that you are not injured, it would be best for you to present to your doctor or to a emergency room or medical facility for examination. Vehicles these days are designed to take impacts and show little damage but even when there is minor damage to your vehicle, you can suffer serious injuries to your body, spine, neck and back.

Keep records of what is going on with your automobile accident. Get a folder and keep notes, letters, pictures, and other necessary materials relevant to the accident for you to provide to your attorney and your insurance company. You do not have to speak with the other party’s insurance company until you are ready to speak with them. However, you should make sure that you write down who calls you about the accident, what company they work for and who they represent, and their contact information so that you can get back in touch with them. If you are still hurt and they ask for your injuries or information, you can tell them that you will call them back about your case after you feel up to it. Keep the information on who has contacted you in this file so that you can refer to it and call them back as needed or provide the contact information for any persons that called you to your attorney.

Hire a Lawyer to Represent You:

Contact The Law Office of Richard F. Matthews, Jr., LLC and speak with Matt about your accident. The insurance companies have lawyers that are reviewing your accident to see if they must pay you anything. Whether you were hit in the accident or if you were at fault, you need someone to protect your rights and interests just like the insurance companies. You must protect your legal claim and the best way to do that is to hire an attorney to make sure that you will be protected. Once you have hired an attorney, refer all calls about the accident to your attorney.

Victim's Rights In An Industrial Accident

Mon, 28 Oct 2019 19:41:50 GMT

Victim's Rights In An Industrial Accident

Jobs can have many different levels of danger associated with them. But some jobs have more danger than others, particularly manufacturing, mining, iron mill, construction, utility company and factory industries. If an accident occurs at one of these industries, the victim could be left with serious injuries that could prevent them from ever returning to that same job or even be able to work at all.

Dangers At Work

Industrial sites can be a very dangerous place to work. There may be several reasons for this. There may be several companies or contractors working at one site and maybe even one area of a site. Contractors need to be cognizant of all the work that is taking place by their crew as well as other crews.

Many industrial sites utilize dangerous chemicals on a regular basis. All employees need to be trained on how to handle these dangerous chemicals and the proper equipment and safety gear needed to do so. Heavy equipment is also used on a regular basis at industrial sites. If an employee is not well-trained, especially if problems arise, accidents could happen that could lead to serious injuries.

OSHA Violations

The Occupational Safety and Health Administration (OSHA) was created to ensure that workplace conditions and job sites are safe for workers. Sometimes industrial or construction companies or their employees violate the rules set up by OSHA. Some of these violations are by accident, but some are on purpose to cut corners and save money or manpower. When employers violate OSHA, there are certain penalties that could be imposed. OSHA violations often involve the following types of equipment:

Scaffolding
Ladders
Job site vehicles
Machines and machine guards
Training requirements
Face and eye protection for workers on the job site
Respiratory protection

Common Industrial Injuries

Workers on industrial and construction job sites could sustain a variety of injuries while on the job. Workers who work in close proximity to equipment that is not maintained or inspected regularly may significantly increase the odds of being injured on the job. Common injuries from industrial accident include head injuries, burn injuries, electrocution injuries, spinal cord damage, paralysis, fractures, hearing loss and wrongful death.

Conclusion

If you have been injured in an industrial accident, we can assist you with pursuing a claim against your employer or a third party for your injuries. In addition, for most work-related injuries, we can make a workers' compensation claim on your behalf, ensuring that you obtain the benefits to which you are entitled under the law.

An attorney at The Law Office of Attorney Richard F. Matthews, Jr., LLC, can assist you with pursuing the compensation you deserve. Our knowledgeable legal team represents industrial accident victims throughout Alabama, including Montgomery County, Pike County, Elmore County, Autauga County and the River Region of Alabama, including the cities of Montgomery, Troy, Wetumpka, Prattville, Millbrook, Selma and Tuskegee. Call us today at 334-398-8404 or contact us online to schedule a free case evaluation and legal consultation or just to learn more about how we can help you pursue monetary compensation in your industrial accident case.

I Was Hurt On The Job! What Do I Do?

Mon, 28 Oct 2019 19:15:37 GMT

I Was Hurt On The Job! What Do I Do?

Most employers want their employees to be safe at work, especially high-risk job sites like industrial or construction sites. But no matter how safe the workplace is, accidents still happen and it's important for the victims of these accidents to know their rights. Most victims are typically entitled to compensation through Alabama's workers' compensation law.

If you are injured in a workplace accident, it is very important to notify your supervisor of the injury immediately (or as soon as it is safe to do so but not later than 5 days of the injury). You must also request medical treatment and workers’ compensation benefits from your employer. You should seek out an attorney who handles workers’ compensation cases for a consultation about your rights under the Alabama Workers’ Compensation Act. There are several different types of workers' compensation benefits provided through Alabama law and you will need a competent attorney that knows these laws. We will discuss these types of compensation so you will be better informed if you are injured at work.

Medical Bills and Treatment

If you are injured on the job, did you know that it the responsibility of your employer, or more likely your employer's insurance, to pay for all medical care and treatment that is related to your accident? However, according to state law, the employer/insurer is allowed to select the physician and medical facility that will carry out this medical care and treatment. There are many times when you need a workers’ compensation attorney to assist you in getting the necessary treatment for your injuries.

The employer/insurer wants the employee to be able to return to work and pay as little as possible for the related treatment. It is up to the doctor to decide when the injured employee is able to return to work and how much care and treatment is needed to make this happen. The employer/insurer must pay for all of the medical expenses. There are cases in which the injured employee is not satisfied with the care provided by the workers' compensation physician and may choose from a list of alternative doctors provided by the insurance carrier.

If the Doctor takes you off of work
A worker who is injured on the job may be eligible for temporary payment of compensation if the doctor says the injured worker needs to stay off work in order to heal. While you are under the doctor’s orders to not work, you will receive temporary total disability payments which will likely be about 2/3 of your average weekly wages.” Then the next sentence which readsThe average weekly wages are calculated using the previous 12 months of wages. This number is totaled and divided by 52.

Permanent Injuries
If you have a permanent injury to a certain body part (such as a hand, foot, toe, or knee) or a whole body injury (which includes injuries to your neck, back, shoulders, hips, or brain and head injuries) you may be entitled to receive compensation for the impairment and an attorney can assist in reviewing the matter for the compensation allowed under the law.

There are some cases in which the injured worker is not able to return to the employer because the injury is permanent and will hinder the worker from performing the same job as before the injury. In such cases, the injured worker may be entitled to payments for these injuries over a specified period of time. Some permanent injuries or disabilities cause a worker to have to get a lower paying job. In these cases, workers' compensation should provide disability benefits as well.

Conclusion
In some cases, an injured worker may also take legal action against others involved including a machine manufacturer or other third party. In this case you will definitely need legal counsel to proceed with a lawsuit.

An Alabama workers' compensation attorney at The Law Office of Attorney Richard F. Matthews, Jr., LLC, can assist you with pursuing the temporary or permanent benefits you need. Our knowledgeable legal team represents victims of workplace accidents that occur in the state of Alabama, including Montgomery County, Pike County, Elmore County, Autauga County and the River Region of Alabama, including the cities of Montgomery, Troy, Wetumpka, Prattville, Millbrook, Selma and Tuskegee. Call us today at 334-398-8404 or contact us online to schedule a free case evaluation and legal consultation or just to learn more about how we can assist you throughout your workers' compensation case.