What You Need to Know About Bad Faith Insurance Claims in Alabama

Alabama residents depend on their car insurance companies to protect them when they suffer an injury or property damage in an accident. An insurer should provide the insured and anyone else who suffered losses with compensation. Insurance companies have a duty to honor their contracts and provide appropriate levels of compensation. Depending on the language in the insurance contract, the insurance company should compensate the insured for lost wages, property damage, medical expenses, mental anguish, and more. Unfortunately, many insurance companies undervalue claims or deny claims altogether. Insurance companies cannot act in bad faith under Alabama law.

Insurances Companies Have an Obligation to Act in Good Faith

Insurance companies in Alabama are for-profit companies. They seek to provide as little compensation as legally possible to claimants so they can maximize their profits. Insurance companies have a reputation for delaying payments, denying valid insurance claims, or offering lowball amounts.

Alabama law requires that insurance companies act in good faith whether the person filing is a first-party claimant or a third-party claimant. Insurance companies categorize claimants into the following two categories:

• First-party claims by the party who owns the insurance policy
• Third-party claims made by a person who suffered injuries by the insured person

Insurance companies must carefully evaluate the insurance claim and act in good faith when determining how to process the claim. Acting in good faith requires insurance companies do the following:

• Investigate the facts of the claim adequately
• Consider the weaknesses and strengths for all of the evidence submitted with the claim
• Evaluate the insurance claim honestly
• Interpret the client’s insurance policy honestly
• If the claimant sues and wins, evaluate the whole range of a verdict
• Consider the likelihood that the claimant might file a personal injury claim and win
• Settle the claim within the limits of the policy, when possible
• Consider the insured individual financial interests

Examples of Bad Faith Insurance Tactics From Alabama Insurance Companies

At Heninger Garrison Davis, our lawyers have seen some very disappointing bad faith tactics on the part of insurance companies. Our lawyers have helped many Alabama residents recover compensation from insurance companies that are acting in bad faith. Some of the bad faith tactics used by Alabama insurance companies include the following examples:

• When liability is obvious, insurance companies refuse to negotiate a fair settlement
• Denying insurance coverage without engaging in a claim investigation
• Delaying insurance payments for valid insurance claims
• Misinterpreting the language of an insurance policy for the benefit of the insurance company
• Transferring an insurance claim multiple times as a delaying tactic
• Threatening the insured individual with inappropriate statements or disrespectful comments
• Offering the insured significantly less compensation than the claim is worth
• Refusing to respond to requests for documentation
• Refusing to provide a written explanation of why the insurance company denied the claim without explanation

Seeking Compensation for Bad Faith Insurance Claims in Alabama

If you have attempted to recover from an insurance company who is acting in bad faith, you are probably extremely frustrated. Hiring a skilled attorney to handle your claim against a bad faith insurance company is essential. Proving that an Alabama insurance company has acted in bad faith can be challenging. Insurance companies are good at attempting to cover up their bad faith actions. Nonetheless, the lawyers at Heninger Garrison Davis have helped many clients recover against bad faith insurance companies.

Under Alabama law, insurance companies that deny or delay an insurance claim without a debatable reason act in bad faith. These insurance companies may be liable to the claimant. When the claimant can prove that they have acted in bad faith, the claimant is entitled to the following compensation:

• Compensatory damages for financial and emotional losses suffered by the claimant
• Additional punitive damages to act as a punishment for the insurance company’s bad actions

Insurance companies that act in bad faith usually do not have to pay out more than the insurance policy allows. However, they may be liable for the full amount of a verdict recovered for the bad faith claim.

Our Bad Faith Insurance Lawyers can Help

Our lawyers have helped many Alabama residents recover compensation from insurance companies who acted in bad faith. We fight for our client’s right to seek compensation above and beyond the limits of the insurance policy. If an insurance company has delayed, denied, or underpaid an insurance claim, we can help. Contact our Birmingham bad faith insurance lawyers today to schedule your free case evaluation today. Call today at 844-239-2891.

Signs Your Loved One May be Experiencing Nursing Home Abuse and Neglect

More elderly adults than ever are living in Alabama nursing homes. Family members expect that when they place their elderly loved ones in a nursing home, the nursing home staff will take care of them. Unfortunately, the standard of care is much too low in some Alabama nursing homes. Four Alabama nursing homes have received a “persistent record of poor care.” These nursing homes put residents in immediate jeopardy of serious injury, harm or death. How can you be sure that your loved ones are not subject to nursing home abuse and neglect? These tips will help you protect your loved one and make sure he or she is safe.

Common Signs of Physical and Emotional Nursing Home Neglect

One of the best ways to ensure your loved one does not suffer abuse in a nursing home is to check for signs of abuse. Some of the common signs of physical abuse or neglect include the following:

• Dehydration
• Bedsores
• Fractures, fall, or head injuries
• Malnutrition
• Rapid weight loss or weight gain
• Unexplained welts, bruises, or other wounds
• Unclean conditions and unsanitary conditions
• Your elderly loved one is frequently ill
• Frequent infections

Signs of abuse are not only physical but they can also be emotional. The following warning signs might indicate that an elderly person is suffering from abuse in a nursing home:

• A loved one is showing agitation or becomes extremely withdrawn
• A loved one stops communicating with family members and friends
• A loved one begins wandering around inexplicably
• A desire to become isolated from other people
• Fear of being touched
• Biting or rocking
• Reluctance to speak in front of certain nursing home employees

Watch for Signs of Abuse on Every Visit

Thinking about abuse can be difficult for anyone. However, it is important to keep the possibility of elder abuse and nursing home abuse on your mind whenever you visit your loved one. By paying attention to your loved one’s behavior and attitude closely, you will be more likely to notice more subtle changes that can indicate physical or emotional abuse. More subtle signs of emotional and physical nursing home abuse include the following:

• Strange behaviors such as a resident acting in an infantile way
• Becoming physically or emotionally withdrawn
• Strange and unusual financial transactions
• Unresponsiveness or listlessness

When speaking to your loved one, practice active listening. Try to lead between the lines to discover any changes in your loved one’s behavior. Many people who suffer abuse cannot bring themselves to discuss the abuse outright. Suffering from physical abuse can be traumatic. Additionally, many elderly individuals may struggle with some level of developmental disabilities as well.

Pay Attention to Staff at the Nursing Home

Keep your eye on how the staff treats your loved one. If you see staff members loved one starts acting nervous or anxious when one particular staff member comes in, it could be a sign of abuse. Further, if nobody checks in on your loved one during your visit, or you notice a foul stench or unsanitary conditions, this could be a sign of neglect. Finally, if a staff member stays in your loved one’s room and refuses to leave, this could also be a sign of abuse by a controlling nursing home staff member.

Keeping records and notes can also be helpful in proving nursing home abuse. When you speak to the staff at your loved one’s nursing home, make a note of when you called and what you discussed. When you see any warning signs, write them down and keep the notes for your records.

What to do if You Suspect Your Loved One is Suffering From Nursing Home Abuse

If you suspect that your loved one is a victim of nursing home abuse in Alabama, what steps should you take? If you are afraid for your loved one’s life or safety, call 911 or local law enforcement. You can also call Alabama adult protective services. Additionally, you may wish to contact a skilled nursing home abuse lawyer. At Heninger Garrison Davis, our lawyers have extensive experience in representing nursing home abuse victims. Elderly nursing home residents and their families spend an enormous amount of money on nursing homes.

When nursing home abuse causes injury to elderly residents, those residents may be entitled to compensation for medical bills, pain and suffering, and loss of enjoyment. If you suspect or you know that your loved one has suffered nursing home abuse, contact Heninger Garrison Davis today to schedule your free initial consultation.

Five Causes of Alabama Brain and Spinal Cord Injuries

Formula One racing legend Michael Schumacher experienced severe head injuries in a ski accident in the Swiss Alps. The accident that occurred six years ago left the famous racer with serious brain trauma. Schumacher’s neurosurgeon recently reported that the racing champion is unlikely to recover. The seven-time world champion’s brain trauma has caused him to suffer mental, skeletal, and muscular deterioration.

After his skiing accident, doctors placed him in a medically induced coma. Brain injuries may only affect one area of a person’s body, but brain trauma can have seriously devastating consequences. The severity of injury from a brain trauma depends on where the brain damage is located and the extent of the damage. What are the most common causes of severe brain and spinal cord injuries?

Car Accidents are the Most Common Cause of Spinal Cord Injuries

Since 2010, motor vehicle accidents have been the most common cause of spinal cord injuries. According to the National Spinal Cord Injury Statistical Center, motor vehicle accidents cause 38% of spinal cord injuries. The force of a car accident can cause moderate to severe spinal cord damage. When a motor vehicle becomes halted in a crash, the force can cause someone’s neck to snap back and forth. It is wise for car accident victims to seek medical treatment if they feel any of the following symptoms which could indicate a spinal cord injury:

• Unexplained muscle spasms
• Weakened sensation or loss of temperature to the touch
• Unexplained muscle weakness
• Tingling or numbness
• Painful pinching or a stinging sensation in the back
• Digestive problems

Fall Accidents can Cause Brain and Spinal Cord Injuries

When people fall and hit their heads while moving at a high speed, they are more likely to damage their brains. Brain hemorrhages and contusions happen when the force of impact on one side of the brain causes the brain to slam into the hard skull. Slip and fall accidents cause harm directly beneath the location where the brain hits the skull and on the opposite side of the brain.

Bruises to the brain can cause swelling that can be fatal if not treated quickly. Head injuries account for nearly 2 million visits to the emergency department every year. According to the U.S. Centers for Disease Control, 25,000 Americans over age 65 died as a result of injuries caused by falling. Many of these deaths were caused by injuries to the head that happened as a result of falling.

Violence is Also a Cause of Head and Spinal Cord Injuries

Domestic violence is one of the main causes of traumatic brain injuries in the United States. Many women who report domestic violence report injuries that could easily cause concussions or worse types of traumatic brain injuries. An estimated one out of every three women will experience physical partner violence in her lifetime. Signs of traumatic brain injuries in domestic violence survivors include the following:

• Feeling tearful
• Dizziness
• Headaches
• Restlessness
• Poor concentration
• Forgetfulness
• Taking more time than normal to think
• Disturbances in sleep

Sports Injuries Cause Brain and Spinal Cord Injuries

Former race driver Schumacher suffered life-altering brain injuries from a skiing accident. Diving accidents, swimming accidents, and accidents in contact sports like football are common. In fact, a medical study found that 87% of men who have played football suffered from chronic traumatic encephalopathy (CTE). CTE is a degenerative brain disorder caused by repeated trauma to the head. Any blow or jolt to the head can cause a traumatic brain injury (TBI). A TBI can result in a brief change in the injured person’s mental state or could cause a coma or even death.

Medical and Surgical Complications

Some brain injuries and spinal cord injuries happen during surgeries. Doctors and surgeons must show clients a reasonable duty of care. However, even surgeons of the highest caliber can make mistakes. Spinal surgery and brain surgery is incredibly complex and difficult. When doctors make mistakes, even one small slip of the knife can cause additional brain or spinal cord injuries.

Birmingham Spinal Cord Injuries and Brain Injury Lawyers

Brain injuries and spinal cord injuries can be devastating. If another person’s negligence caused your spinal cord injury or your brain injury, our lawyers can help. The lawyers at Heninger Garrison Davis fight hard for our clients’ right to compensation. Contact our Birmingham brain injury lawyers today to schedule your free initial consultation.

Alabama Personal Injury Claims About the Government

When Alabama residents suffer personal injuries caused by another person, they likely have a right to seek compensation. What happens when the state of Alabama or an Alabama city or town’s negligence causes someone else’s personal injury? Suing the state of Alabama or a local Alabama government can be challenging, but it is possible, depending on the circumstances of your case. Personal injury lawsuits against government entities are not as straightforward as filing a lawsuit against an individual or company.

Alabama’s Sovereign Immunity

The legal concept of sovereign immunity is one of the most important aspects of filing a lawsuit against a government entity. Sovereign immunity gives government entities immunity from liability in certain lawsuits. In other words, a plaintiff cannot bring a lawsuit against Alabama. Many other states have created laws that waive sovereign immunity but Alabama has not done so. Article 14 of the Code of Alabama says that “the State of Alabama shall never be made a defendant in any court of law or equity.”

Personal injury defendants cannot sue the State of Alabama, but they may have other options. What happens when government employees cause motor vehicle accidents while they are on the job? What happens when a doctor employed by a state or city commits malpractice and causes the death of their patient? Alabama citizens do have some rights to compensation. Plaintiffs can sue state employees when plaintiffs can prove that the employee was acting contrary to the scope and course of their employment.

Suing a State Employee in Alabama

When a state employee runs a red light while on the job, collides with another driver and causes him or her injury, the injured party may be able to bring a lawsuit. Alabama employees are usually immune from personal injury liability unless one of the following exceptions applies:

• The employee had malicious intent when the accident happened
• The employee acted in bad faith
• The employee committed fraud
• The employee engaged in willful conduct that caused the defendant’s injuries
• The Alabama Constitution states that the employee is liable in that particular situation
• The U.S. Constitution states that the employee is liable in that particular situation

How Long Does a Plaintiff Have to Bring a Lawsuit Against a State Employee?

When a plaintiff brings a lawsuit against state truck drivers, police officers, or other employees of the government, they must file the lawsuit within the statute of limitations. Plaintiffs must file a personal injury lawsuit within two years of the date of the accident that caused their injuries. When a federal employee, federal government agency, or a city or town is liable, the statute of limitations is different.

Bringing a Personal Injury Lawsuit Against a Municipalities

If you have suffered an injury caused by an employee of an Alabama city, county, or town, you have more options. Most municipalities allow you to file a formal claim against the municipality within six months of suffering an injury. Plaintiffs must give the municipality directly. Each municipality has a different process for allowing plaintiffs to seek compensation for their injuries.

Hiring a skilled lawyer is essential when filing a claim against a municipality. If a plaintiff does not meet the tight six-month deadline, he or she will lose the ability to bring a claim against the plaintiff. Some municipalities have a reputation of ignoring claims filed by citizens against their employees. A skilled lawyer can make sure the municipality recognizes the plaintiff’s rights.

Do You Need a Lawyer to Bring a Claim Against an Alabama Municipality?

As soon as someone suffers an injury, whether, by a government agent or another person, he or she should speak with a personal injury lawyer. Many people have significant medical bills and are required to take time off of work to heal from their injuries. Plaintiffs have one opportunity to attempt to recover necessary compensation for their injuries. Ensuring that you file the correct claim with substantial evidence is essential.

Our Alabama Personal Injury Lawyers can Help

At Heninger Garrison Davis, our skilled personal injury lawyers are dedicated to helping injured clients throughout Alabama. At our law firm, we understand that injured people deserve more than basic treatment. They deserve high-quality medical care that will enable them to move on with their lives. We investigate the accidents that caused our clients’ injuries in order to determine who is at fault. Our lawyers develop a comprehensive plan to fight for our clients’ right to compensation. Contact our Alabama personal injury law firm today to schedule your initial consultation.

How an Attorney can Help a Whistleblower

A whistleblower is someone who makes people aware of illegal actions that are taking place within a business or government agency. The person who blows the whistle has witnessed these illegal actions and is making them known because he or she wants them to come to a stop while having the agency or business held responsible for what they have done. Someone who decides to blow the whistle is doing the right thing, but those individuals are likely nervous about what could happen to them because of their decision to speak out. Not all whistleblowers are treated fairly and some put themselves in danger simply to make sure that the truth is told. However, an attorney can help a whistleblower in a lot of different ways. Anyone who plans on blowing the whistle on illegal acts should make sure to hire an attorney before doing so.

Help the Client Remain Anonymous

Working with an attorney means that the client can remain anonymous when the lawsuit is filed against the employer. Rather than having the name of the employee included in the lawsuit, the name of the attorney is displayed instead. People tend to feel much more comfortable and confident in their decision to come forward and blow the whistle when they know that their identity will remain private throughout this process. Most of the time, people do not initially speak out against employers and their illegal actions because they have fears of retaliation that can occur.

Complete the Process of Filing a Lawsuit Due to Fraud

The attorney will review the situation and determine which illegal practices your employer has engaged in. For example, there are different types of fraud that can occur. It is possible that your employer has committed tax fraud or government fraud in some way. An attorney reviews the case, looks at all the evidence you have gathered over months or even years and then starts the process of filing the lawsuit against your employer while working on getting the government involved at the same time.

Regularly Answer Questions and Handle Any Concerns of the Client

If you are going to blow the whistle on an individual or a group of individuals, you are likely going to have a lot of questions about the process. You may want to know what will happen, what the consequences will be, and what you can expect to gain from the situation after you have decided to come forward with the information that you have. When you have questions or even when you have some legitimate concerns, you can talk to your attorney. Ask the questions you need to ask to get answers and become more informed of the situation. Your attorney will always work hard to keep you in the loop throughout this legal process while regularly providing you with updates.

Prevent a Whistleblower From Experiencing Retaliation at Work

Because you will have the anonymity that you want and need, you can avoid dealing with retaliation in the workplace. Your attorney will make sure your name and personal information are protected throughout the legal process to keep you from experiencing the unfortunate drawbacks that many other whistleblowers have experienced in the past. You should have no problem keeping your job and continuing to work for the same company while the lawsuit is ongoing. In most cases, it is possible to remain anonymous the entire time and even receive compensation for taking the opportunity to come forward to report the illegal acts in the first place. Not having to deal with retaliation is ideal.

Need to Blow the Whistle on Illegal Acts?

When you would like to blow the whistle because of unfair and illegal actions that you have regularly witnessed at work in the state of Alabama, you have every right to make everyone aware of what is happening. However, you need to be smart about the situation. Make the wise decision to hire an attorney who can help you and protect you throughout this process. At Heninger Garrison Davis, LLC, we are prepared to protect you and your rights while helping you do the right thing. If you are confident that you have a serious situation on your hands and you need to blow the whistle, give our office a call at 205-308-1991. We look forward to answering your questions and providing the legal support you need.

How Does an Injury Caused by a Medical Device Affect Your Daily Life?

Medical devices were created with the purpose of helping patients in some way. Although most medical devices solve problems and help people overcome or cope with different conditions, this is not always the case. When a medical device malfunctions or is improperly installed, it can lead to serious injuries that can affect an individual’s daily life. If you have been injured by a medical device, you should know of all the different ways that your injury could have a negative impact on your daily life and what legal options you have to recover compensation for your losses.

What Types of Injuries can Occur as a Result of a Defective Medical Device?

Hundreds of different types of injuries can occur as a direct result of a medical device when it malfunctions. However, the exact types of injuries sustained will depend on the type of medical device used and how it was used. Some of the injuries that can occur include:

• Brain injuries. If a medical device fails to do what it is intended to do, it can lead to a lack of oxygen to the brain, which can cause serious brain injuries. A lack of oxygen can cause a person to become unresponsive and even pass away from their injuries.
• Foreign body reactions. Sometimes the body does not react well to having a foreign body inside of it. Complications will often ensue, including severe pain, nausea, and sweating. When foreign body reactions occur, individuals must seek immediate medical attention.
• Bowel obstruction. Some medical devices can lead to bowel obstruction. A bowel obstruction occurs when there is a blockage inside the intestines. The blockage makes it nearly impossible for an individual to have a bowel movement, which can lead to serious injury.
• Unbearable pain. Incorrect placement of a medical device or the malfunction of the device could cause unbearable pain that requires immediate intervention.
• Inflammation. It is possible for different parts of the body to experience severe inflammation because of a medical device, including a person’s joints and bones.

While these are some of the injuries that a person can develop because of a medical device, there are dozens of other types of injuries that can occur, many of which are incredibly serious and even life-threatening at times.

How do These Injuries Impact a Person’s Way of Life?

Someone who sustains serious injuries from a medical device may experience pain and discomfort like never before. Depending on the extent of their injuries, they could be unable to participate in activities that once came naturally to them. Some of the different ways that a person may be negatively impacted by a medical device injury include:

• Paralysis. When a medical device injury is extremely severe, it can lead to paralysis. An individual may no longer be able to use his or her arms, legs, or other body parts.
• Excruciating pain. Some injuries cause chronic pain that simply does not go away, even with surgery. Those living with chronic pain will often need to take prescription medication and undergo hours of therapy to get even the slightest bit of relief.
• Difficulty walking. A medical device injury can lead to such severe inflammation of the bones and joints that it makes it a challenge for an injured individual to run or even do something as simple as a walk from one room to the next.
• Make it hard to move around freely. Doing certain movements can cause excruciating pain to occur when someone has been injured because of a medical device. Those who experience this type of pain may not be able to participate in sports or other types of activities that they used to enjoy.

Some injuries can have much more of a negative impact than others. When an injury changes a person’s way of life, that person may want to seek legal advice and pursue a personal injury claim to help them obtain compensation.

Injured by a Medical Device? Understand Your Legal Options

Were you injured because of a medical device? You may have expected the medical device to help you by improving your condition, but it did the exact opposite, causing more pain and suffering. If so, you need to know and understand your legal options. Speaking with an attorney is the right decision to make. At Heninger Garrison Davis, LLC, we understand that your life may have drastically changed because of a medical device. We want to help you. Consult with us today at our Alabama office by calling 205-308-1991 at your earliest convenience.

Five Reasons Why Your Company Should Protect Intellectual Property

Intellectual property refers to anything that you personally come up with as a business owner. Although the property is not always physical, it is something that you have worked hard to create. When you own a company, it is necessary to take certain steps to protect your intellectual property. If you do not take the right steps, someone else can come along and steal your ideas. There is nothing more frustrating than knowing that something you have put your all into and have come up with on your own was stolen by someone else simply because you did not take the right measures to protect your intellectual property.

You Have Worked Hard to Come Up with Fresh Ideas

When you have worked hard to come up with fresh ideas that other business owners are not using, it is only right for you to want to protect what you have come up with. A lack of protection for your ideas could result in others trying to steal your ideas and use them as their own. The worst thing that could happen is that another business owner could steal your ideas and then attempt to have those ideas trademarked and/or patented as their own. It could easily cause a lot of frustration and legal problems.

It Gives You an Edge Over the Competition

If you take steps to protect your intellectual property, you will have an edge over the competition because they would not be able to legally use your intellectual property. They would have to come up with their own unique and innovative ideas to attempt to compete with you in your industry.

It Protects Your Company From Thieves

Unfortunately, when you have your own business, you will come across imposters who want to steal your ideas. These individuals do not have the ability to come up with their own unique concepts, so they attempt to take what they can from other hardworking, motivated business owners. While this is unfortunate and it can happen to all kinds of business owners, you can take the necessary steps to protect yourself from dealing with idea thieves. If someone attempts to steal ideas of yours that are legally protected, the thief would face the consequences of his or her actions, which would mean having a lawsuit filed against the person if he or she fails to cease and desist.

You can Use Your Intellectual Property as a Marketing Technique

When you own intellectual property and it is protected, you can use it as a marketing technique that sets your business apart from other types of businesses against which you are competing. When it comes to business, you already know how competitive things can be and how important it is to put effort into your marketing strategy. If you have a special concept or phrase that is catchy enough to capture attention, you can use it as part of your marketing strategy.

Your Business Depends on it

The success of your business depends on your intellectual property. Without fresh ideas and concepts, you might not have much to set your business apart from others. Because having success and getting ahead of the competition is likely important to you, take the necessary steps to protect any intellectual property that you own. While it may not seem like something that you need to do, it is the best way for you to safeguard everything you create and come up with while preventing others from trying to do the same thing to get ahead of you and your company in the industry.

Do You Own a Company? Find Out How to Protect Your Intellectual Property

If you are the owner of a company and you have intellectual property, taking the steps to protect your property is a must. Without protection in the form of patents and trademarks, anyone can steal your ideas and concepts, using them as their own and even attempting to take credit for them. Because that is the last thing you want to experience when you are working hard to run a successful business, you need to meet with experienced attorneys who can provide the guidance you need. At Heninger Garrison Davis, LLC, we will consult with you about your intellectual property. Call our law office today at 205-308-0065.

Deceptive Sales Lead to a Class Action Lawsuit Against Juul

Juul was once one of the most successful electronic cigarette companies. Earning more than two billion dollars since its inception, the company seemed to make a name for itself within a short period of time. The company’s owners are being accused of using deceptive marketing tactics to lure in young users. Consumers were led to believe that using Juul products was a lot safer than purchasing and smoking traditional cigarettes. Unfortunately, many of the targeted consumers were young adults and teenagers who were led to believe that these products did not contain nicotine. Based on the way the product was advertised, these consumers would assume that the product contained special flavoring and water without containing anything harmful or addictive. It is for this reason, along with many other reasons, that there is now a class-action lawsuit against Juul.

What is the Class-Action Lawsuit About?

The class-action lawsuit was brought against Juul when consumers started to experience adverse reactions after using the product. Due to a large number of consumers impacted by these side effects, a class-action lawsuit was eventually filed against the company. Some of the side effects associated with the use of Juul products include:

• 

  Dizziness

• Sore throat
• Chronic cough
• Trouble breathing
• Nicotine
• Random headaches/migraines
• Withdrawal symptoms

These are only some of the many side effects that consumers experienced as a result of using these vaping products. Juul failed to mention the possible side effects that consumers could experience when using their products. Instead of providing warnings and making people aware of what could potentially happen to them, they advertised the products as completely safe and even called their products a safer alternative to smoking traditional cigarettes.

Why are Juul Products Causing So Many Problems?

While vaping was initially believed to be a healthier alternative to smoking cigarettes containing nicotine and numerous toxic chemicals, it is now believed that using Juul products is just as bad and possibly even worse. There are certain chemicals in these vaping devices that can cause the lungs to become irritated. If there is irritation present, damage may eventually develop, making it difficult for individuals to breathe. In addition to the chemicals causing irritation to the lungs, these devices contain nicotine just like cigarettes.

The nicotine in the Juul products can easily cause a large number of side effects. It is not uncommon for individuals to experience the following side effects when regularly exposed to nicotine:

• Sore throat
• Toothaches
• Dry cough
• Random sweats
• Insomnia
• Withdrawal symptoms

When someone attempts to stop using a Juul product, they may begin to experience withdrawal symptoms that cause them to feel anxious and depressed. Nicotine can take a toll on both the mind and body. It is something that should be avoided. Unfortunately, nicotine is included in Juul products, causing young people to become addicted to using these vaping devices.

Targeting Teens and Selling Unsafe Products

Along with their deceptive marketing tactics, the company’s founders are believed to have been purposely targeting teens with their advertisements. The advertisements for Juul were designed in such a way to make vaping seem like the cool, fun thing to do. Because teens are known to give in to peer pressure and go to great lengths to fit in, it is easy to see how the company would take advantage of that while attempting to make more sales.

Not only did the company target teens with advertisements, but they were also found to have been selling unsafe products. A former financial executive who once worked for the company has filed a lawsuit against them while stating that they sold thousands of contaminated pods to consumers. In the lawsuit, the former employee states that the company’s founders were fully aware of the contamination issue and still continued to sell the products to consumers.
Were You a Juul User? Find Out More About Your Legal Options

Did you use Juul products for quite some time? You may have experienced some of the same side effects that others have experienced while using these products that were believed to be safe for consumers. Now that you are fully aware of Juul’s deceptive practices, you may want to know what your legal options are and what you can do to be included in the class-action lawsuit against them. At Heninger Garrison Davis, LLC, we are here to help. We want to make sure you are aware of your legal options. Give us a call at 205-346-0083 to schedule a consultation.

Lew Garrison Appointed to Plaintiff Steering Committee in JUUL Litigation

Los Angeles, CA

Feb. 18, 2020

HGD’s Lew Garrison was appointed by the Superior Court of the State of California today to serve on the Plaintiff’s Steering Committee in the JUUL Labs Product Cases litigation. The Plaintiffs’ Steering Committee (PSC), including Lead Counsel and Liaison counsel, are vested with the following responsibilities for the JUUL litigation to include consolidating and coordinating discovery and research. The PSC shall also designate counsel who will carry out the responsibilities of advancing the common interests of Plaintiffs while coordinating all scheduling, pleadings, and preparation of common liability issues on this case. 

Lew is one of the firm’s founders and primarily practices in the area of mass torts and pharmaceutical product liability.  He also represents clients in other complex civil litigation. Lew decided to become an attorney because the profession was always intriguing to him.   Even at a young age, he would go visit an attorney in his home town and ask questions about the law.  During his first year of college, Lew would often go to the law school to study. To him, the legal profession is an honorable calling. 

Lew has always been drawn to the underdog, which was part of the reason that he was drawn to plaintiff representation.  Lew enjoys this side of the legal system because he believes representing a plaintiff levels the playing field—so that one person can stand toe to toe with the largest corporations.

He is a member of the Alabama State Bar, as well as the State Bar of Georgia.   Lew is also a member of the Association of Trial Lawyers of America, the Alabama Trial Lawyers’ Association, and the Birmingham Bar Association, where he has served on the grievance, public relations, and special assignments committees.  He is a frequent speaker at continuing legal education seminars.

Heninger Garrison Davis filed one of the first class action cases in Los Angeles, CA. During this case, they filed a motion to follow JUUL over time. A separate lawsuit that was filed with local counsel addressed personal injury cases and people who have become addicted.

Since then, there have been thousands of cases filed across the country. And this is just the beginning. Similar to the fight against Big Tobacco, more and more people are coming forward in response to health concerns that seem to be increasing day by day. Heninger Garrison Davis is filing in local, state courts as well as in California.

If you believe that you or someone you know is a victim of JUUL products, please reach out to us. We are handling JUUL-related personal injury lawsuits at no cost to you.

What could qualify you to file a claim:

• Addiction – with or without treatment.
• Any person, and especially high school or college students, who have been diagnosed with hypersensitivity pneumonitis, pneumonia or an eosinophilic pneumonia that required medical treatment including hospitalization. JUUL smokers can quickly develop a significant pneumonia that may require ICU care including mechanical ventilation.
• Any person who has developed COPD or advanced asthma after using JUUL products.
• Any person that has a heart attack (myocardial infarction) after using JUUL products.
• Eligible applicants should have never smoked traditional cigarettes prior to smoking JUUL.

If this sounds like you, please fill out an online claim or call 1-800-222-9657 for a free claim evaluation. A member of our staff will reach out to you to discuss your options. You may be entitled to monetary compensation.

Partner with Heninger Garrison Davis to File a Claim Against JUUL.

Call us 1-800-222-9657 and ask for one of our JUUL attorneys.

 

HGD Welcomes New Law Clerks in Birmingham

HGD is excited to welcome three new law clerks to our Birmingham office.

Lidia Batista joins us as a clerk working in our Mass Tort Area. She has lived in South Georgia since September of 1995 after she arrived from her native country of Cuba. She is fluent in both English and Spanish. She received her Bachelor of Arts in History from Valdosta State University. She worked in the probation field for over eleven years. She is currently a second-year law student at Cumberland School of Law. When not in school she enjoys traveling and spending time with her dogs, some of which are rescues.

 

 

 

 

 

Anna Dennis joins our Birmingham team as a law clerk working in our Class Action area. Originally from Vestavia, Anna received her undergraduate degree in political science from Montevallo. She is currently a 3L at Cumberland School of Law. Anna is the current Chief Justice of the Moot Court Trial Team at Cumberland.

 

 

 

 

 

 

 

Blair Mercer is a law clerk working in our Mass Tort Area. He is completing his second year of law school at the Cumberland School of Law. In addition to his law degree, Blair is studying towards his MBA at Samford’s Brock School of Business. He is a native of Lexington, Kentucky and a graduate of the University of Alabama where he majored in American Studies. He is a huge fan of the Crimson Tide and Kentucky Wildcats, but is humbled every Sunday cheering for the Cleveland Browns. When he isn’t working on things for law school, Blair is either working at Cahaba Brewing or playing with his German Shepherd, Henry.

 

 

 

Welcome to the team!