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Ferguson and Ferguson Blog


Huntsville Workers Compensation Lawyer

May 06

Workers Compensation Injuries

When you get hurt at work in Alabama, you should expect your employer to take care of your injury. You should not have to worry about getting medical treatment or getting fired. If you have been injured at work, your employer is not always on your side. If you have been injured at work, you may need to talk to a workers compensation lawyer.

We are experienced workers compensation attorneys. Call now. 256-534-3435.

Criminal Defense Attorney Huntsville AL

Apr 20
Big Spring Park

Huntsville Alabama

Criminal Defense Attorneys

Being charged with a criminal offense in Huntsville, Alabama can be a traumatic event. We understand what you are going through, and we can help. Our attorneys have handled thousands of criminal cases, from misdemeanors to felonies. With over 50 years of criminal law experience, you can count on us to protect your rights, your reputation, and your freedom. Many law offices assign client cases to young associates. Randy W. Ferguson will personally handle all aspects of your case from start to finish. You will not arrive in court and have an attorney you have never met, or who is unfamiliar with your case. We never use inexperienced associates to handle your case. We are not a high volume law firm who values money over our clients well being. When you call our office, you will talk to your attorney, not a secretary or paralegal. Our record of dismissals, not guilty verdicts, and favorable plea agreements makes us the go to firm for people charged in Huntsville, Alabama.

Whether your charge is possession of a controlled substance, theft or a domestic violence, we can help. We thoroughly review the evidence in your case and develop a defense to fight your charge. A criminal conviction can carry a harsh punishment including incarceration, fines, probation and even forfeitures. Many cases have to be taken to trial, but others may be resolved by negotiation, pretrial intervention programs or alternative sentencing programs.

Our criminal defense attorneys handle misdemeanor, felony, DUI and juvenile cases throughout Madison County. If you’ve been accused of a misdemeanor or a serious felony in Madison County, our goal is always the complete dismissal of all charges. If this isn’t possible, we often negotiate solutions for our clients that allow them to avoid jail and even probation. Call 256-350-7200 now. We are here to help.

Criminal Defense Attorney Decatur AL

Apr 20
Morgan County Courthouse

Morgan County Courthouse

Criminal Defense Attorneys

Being charged with a criminal offense in Decatur, Alabama can be a traumatic event. We understand what you are going through, and we can help. Our attorneys have handled thousands of criminal cases, from misdemeanors to felonies. With over 50 years of criminal law experience, you can count on us to protect your rights, your reputation, and your freedom. Many law offices assign client cases to young associates. Randy W. Ferguson will personally handle all aspects of your case from start to finish. You will not arrive in court and have an attorney you have never met, or who is unfamiliar with your case. We never use inexperienced associates to handle your case. We are not a high volume law firm who values money over our clients well being. When you call our office, you will talk to your attorney, not a secretary or paralegal. Our record of dismissals, not guilty verdicts, and favorable plea agreements makes us the go to firm for people charged in Decatur, Alabama.

Whether your charge is possession of a controlled substance, theft or a domestic violence, we can help. We thoroughly review the evidence in your case and develop a defense to fight your charge. A criminal conviction can carry a harsh punishment including incarceration, fines, probation and even forfeitures. Many cases have to be taken to trial, but others may be resolved by negotiation, pretrial intervention programs or alternative sentencing programs.

Our criminal defense attorneys handle misdemeanor, felony, DUI and juvenile cases throughout Morgan County. If you’ve been accused of a misdemeanor or a serious felony in Morgan County, our goal is always the complete dismissal of all charges. If this isn’t possible, we often negotiate solutions for our clients that allow them to avoid jail and even probation. Call 256-350-7200 now. We are here to help.

College Loans and Bankruptcy in Alabama

Apr 11

Are College Loans the Worst Debt?

Do you know the difference between “good” debt and “bad” debt? Have you ever been told that you have to get a college degree to get a good job? Have you ever been told college graduates make more money? If you have answered yes to any of the above questions, you are not alone. Most people think a college education is a good thing. Have you ever been told that the college education you get may ruin you financially for the rest of your life? Probably not. Of all the debt you can incur in your lifetime, the worst debt of all is probably college loans, particularly if they don’t lead to a degree or gainful employment.

Why is College Debt so Bad?

College recruiters and the universities they work for need students to stay in business. Without students, there are no colleges. Colleges entice you to visit their campuses hoping you will be so impressed that you decide to enroll. Little do the colleges care about how you will pay for tuition and expenses, or what kind of financial shape you will be in when you fail to graduate, or graduate with a degree that qualifies you to work at a fast food restaurant. College debt can be worth it in many cases, especially if you find a decent paying job. But in almost every case, student loans are nondeductible and non-dischargeable in bankruptcy. Student loans can stay with you for decades and even into retirement.

Facts About Student Loans

Their are over 75 million millennials who have college loans. That does not include all of the parents who have mistakenly co-signed loans with their children. The majority of people struggling to pay back their college loans owe less than $16,400. Those loans are preventing them buying homes, cars and settling down. When they get behind on those student loans, their credit is ruined, and future loans are unattainable. When you default on your loans, you are saddled with fees, penalties and rapidly accumulating interest. Not surprisingly, lower-income borrowers and students of color were more likely to default on their loans.

How to Avoid College Debt

The best way to avoid college debt involves a careful planning strategy. Sometimes working a year or two before starting college is a good idea. Always apply for grants and scholarships. Millions of dollars in grants and scholarships go unclaimed each year. Consider starting out your college education at a local community college. They are less expensive, do not require housing and offer the same classes as larger universities. Consider working part time to help with the costs of college. Many local colleges have work study and co-op programs. Further, vocational training programs often are shorter and less expensive to attend. Lastly, do the math. Know how much college will cost, your loan payments will be, and how much you will need to make to survive.

Is going to college the right decision for you? Remember, student loans can rarely be discharged in a bankruptcy. Will your college debt be ultimately good or bad? If you are already having financial problems, we are here to help. If you have bankruptcy questions, call us now. Call 256-534-3435 or 256-350-7200.

Drowsy Driving: A Small Problem With Major Consequences

Jan 12

Drowsy Driving: A Small Problem With Major Consequences

Drowsy driving occurs more frequently than you might realize and it can cause a great deal of damage. According to the National Highway Traffic Safety Administration (NHTSA), there are an estimated 83,000 accidents per year occur because of drowsy driving. In 2014 alone, this organization reported that there were around 856 fatalities in accidents connected to drowsy driving.

These accidents can cause property damage as well as serious injury. A severe injury may leave a victim with steep medical bills and lost wages. If you were the victim of someone else’s negligence and drowsy driving, you may be able to collect compensation through a personal injury claim.

What Constitutes Drowsy Driving?

Drowsy driving isn’t necessarily a complete and total loss of control while driving. Sometimes it manifests as slowed reaction time or poor judgment. Commercial truck drivers are especially at-risk when it comes to drowsy driving. The fatigue that may result from operating a vehicle continuously for hours on end could result in a serious accident.

Alcohol, certain prescription medications, and other drugs may also play a role in drowsy driving. Even if a driver is prescribed a medication legally, a medication that causes drowsiness could very well cause an accident.

Who Is At Fault?

The drowsy driver may be held liable for causing an accident, particularly if it’s possible to prove that this driver was at fault during the collision. You may be able to receive compensation if you were partially responsible, but this is not guaranteed. If you are concerned about where the fault lies in your own case, a personal injury lawyer DC trusts may be able to review the details of your case with you.

Types of Compensation in Personal Injury Claims

You may be able to collect two different kinds of compensation in a successful personal injury claim.

Compensatory damages are the first type. These consist of tangible losses connected to the accident and to your injuries. Compensatory damages may cover losses from missed wages, medication expenses, vehicle repairs, ongoing therapy, and other financial losses.
The second type of compensation you might receive are called punitive damages. These damages are often awarded to justify the pain and suffering of the accident victim, while also acknowledging that the liable driver caused a great deal of damage.

Contact a Personal Injury Attorney Today

It may be in your best interest to hire a personal injury attorney if you want to pursue a personal injury case. Your attorney may be able to reach a settlement with the other party, and this could be in your benefit. Not only will this allow you to avoid a court trial, but it may allow you to receive your funds quickly and get your life back on track.

Many law firms offer free initial consultations where you may discuss the details of your case. If you’ve been the victim of another driver’s negligence, it may be time to contact your local car accident attorney today.

Thanks to our friends and contributors from Cohen & Cohen, P.C. for their insight into the dangers of drowsy driving.

MAPCO GAS MIX-UP

Dec 20
Attorneys

Injury Attorneys

Mapco Gas Mix-up Strands Motorists

It appears that Mapco gas stations in Huntsville and Madison, Alabama were involved in a fuel mix-up on Monday night. There are also at least nine gas stations in Middle Tennessee closed because of the problem. Inspectors believe it all started at the terminal where trucks pick up the gasoline. Hundreds of vehicles may have been damaged and drivers were left stranded on the roads. Mapco has set up a toll free number for people whose vehicles were damaged. Call 1-855-469-6272.

Should you Talk to an Attorney

If you feel as if you are being treated unfairly by the companies involved in this case, you should contact an attorney. If your vehicle has been damaged, you may be able to recover for property damage, towing costs, loss of use of your vehicle while it is being repaired or replaced and possible economic damages. If you have questions, call today to get your free consultation with attorney Randy W. Ferguson. Call 256-534-3435 to discuss your case.

What to do after a car accident that’s not your fault

Dec 16
Ferguson

Accident Attorneys

What to do after a car accident that’s not your fault

If you have been injured in a car accident in Huntsville, Decatur or Athens, Alabama, and it’s clearly the other driver’s fault, he or she should immediately report the accident to their insurance company. We are assuming of course that the other driver actually has auto insurance. Many drivers who have insurance will not notify their insurance company. People are often surprised to find out that the person responsible for an accident does not have insurance. Although Alabama law requires all drivers to maintain liability insurance, many drivers on the road in Alabama are still uninsured. Of the drivers that are insured, many are carrying the minimum coverage allowed by law in Alabama. When you are in an accident that is clearly not your fault, do not assume the other driver will notify their insurance company or that they have insurance or enough insurance to cover the accident.

What you Should do After an Accident

If you are in an accident that is not your fault, immediately collect the following information:

  • Stay calm. Do not yell at or argue with the other driver, even if you believe that the accident is completely the other driver’s fault.
  • Check to see if anyone is injured. If you or the other driver is injured, help as much as you can until paramedics arrive.
  • Call 911 immediately.
  • Name, address, license number and telephone number of the other driver
  • Insurance company name and policy number of the other driver (copy of insurance card)
  • Witness statements and their contact information (if applicable)
  • Photographs of the scene (including the license plate of the other driver) and the site of the damage
  • Immediately file an accident report with the police, sheriff or highway patrol, if the agency has not done so at the scene.
  • Obtain photographs of all vehicles involved (before repairing) and any visible injuries to the parties involved, such as cuts, bruises, and scars.
  • Contact your insurance company ASAP. It’s important to report accidents as soon as you can. If the accident was not your fault, you should not have a hike in your insurance. Give them all the details of the accident and let them know that the accident was not your fault.
  • Do not discuss the accident or your injuries with anyone, with the exception of your doctor and your attorney.
  • Do not consent to a recorded statement or sign any document without first reviewing it with your attorney. Innocent statements made by you attempting to assist an insurance adjuster can easily be misinterpreted and used to deny or minimize your recovery.
  • Immediately seek medical attention and tell your doctor the nature and extent of your pain and injury, and how the injury occurred.
  • Track Your Expenses.
    A strong claim clearly outlines the financial impact of your accident. Keep records of your:

    • medical bills,
    • mileage driven to doctors’ appointments,
    • rental car expenses,
    • time away from work,
    • and any other expenses your accident has caused.
  • Consider hiring an attorney. If you are injured, you will soon start receiving ambulance, hospital, radiology, ER physician and doctor bills. You also may be missing work. Even if you have health insurance, you may have trouble paying your medical expenses, mortgage and monthly bills. Consider hiring a local personal injury attorney who will help you deal with your auto damage and injury claim. Do not hire an attorney based on television commercials, billboards or radio ads. To find a personal injury lawyer near you: ask family or friends for referrals, search an online and read their reviews.

Why Hire Car Accident Attorneys Ferguson and Ferguson

The law offices of Ferguson and Ferguson takes pride in giving each car accident client individual and personal attention.

  • We are not television attorneys who you will never meet.
  • Our attorneys handle all cases, not secretaries and paralegals.
  • We are local with offices in Decatur and Huntsville, Alabama.
  • Knowledgeable about car accident cases.
  • We are committed to excellent client service.
  • We care about our clients, and have patience.
  • Free office consultation as late as 7 p.m. and Saturdays also
  • We answer all our clients calls, or return them promptly.
  • We keep our clients informed of the status of their car accident case.
  • We make sure that our clients understand each step of their case.
  • We have great compassion for the physical, emotional, and financial problems that our clients suffered, and will do everything possible to get them through their difficult time.

If you have questions about a recent car accident, call now for your free no obligation consultation. Call 256-534-3435 or 256-350-7200. We can help.

Decatur Alabama Slip and Fall Attorney

Dec 13
Decatur Alabama Slip and fall picture

Slip and fall in water

Slip and Falls in Decatur AL

Have you been injured at a Christmas party, mall or in a parking lot this holiday season? Are you wondering if you can recover for your injuries? Trip and fall and slip and fall accidents are two of the most common accidents during the holiday shopping season. Just because you fell at a business or someones home does not guarantee you that you can recover for your injuries. In fact, many times the business or homeowner is not at fault for your injuries in Alabama. A business is only liable if they knew, caused or should have known about the defective condition before your fall. If you have fallen because of a wet, dirty or defective floor, you should contact a Decatur, Alabama personal injury attorney as soon as possible. If you have sustained an unfortunate slip and fall or trip and fall accident in Decatur, Alabama, here are a few tips to consider before its too late.

  • 1. Falling in a business does not mean you will win your case.
  • I constantly get calls from injured store patrons who think they can recover just because they were injured in a business. Stores are not guarantors of your safety. You must prove the store was liable for your injuries before you can recover. There must be some form of negligence on the part of the store owners or employees for you to win.

  • 2. Do an accident report, the store employees are not going to help you win your case.
  • Make sure to notify the store management as soon as you are able. An accident report must be prepared in your case before you leave the store. Do not expect the store to do a report days after you fall. People do fake falls and a report helps everyone involved in the case. When you leave the store all of the evidence is gone.

  • 3. Pay attention to where you fell, the employees will change the scene quickly.
  • Store employees will often show up with mops, towels and cameras after an accident. Although you are embarrassed and hurting, the evidence in your case will disappear before you know it. If you are with someone, have them take pictures, get names and addresses of witnesses and give a statement. Keep your clothes, shoes and evidence from your fall.

  • 4. Get medical treatment immediately if needed.
  • If you have been injured in a trip and fall or slip and fall accident in Decatur, Alabama, you must get medical treatment as soon as possible for your injuries. Waiting to see if you start feeling better is never the right thing to do after an accident. Bruises, cuts, fractures and back injuries should be treated immediately. The longer you wait to get proper medical treatment, the harder it will be to prove your damages. Going to a family doctor, emergency room or local chiropractor is a good place to start. The store management will not agree to pay your bills or tell you who to go see for medical treatment. If the store is liable, your attorney will have to get them to pay medical payments benefits and money for your injuries.

  • Talk to a lawyer and do not give a phone interview to the insurance company.
  • The insurance company for the business starts working against you as soon as they are notified of the accident. Do not help them in your case. A skilled Decatur, Alabama personal injury lawyer can make the difference between a good recovery in your case, or no recovery at all.

Why Call Ferguson and Ferguson?

If you have been injured, and you have questions, call for a free consultation today. We never charge a fee unless you recover for your injuries. Unlike many television and billboard attorneys, we don’t get you to call our office and send you to someone else to handle your case. Our attorneys interview you, work your case and try the case if necessary. At Ferguson and Ferguson you always talk to your attorney, not a secretary or paralegal. Your case is important, and our attorneys are available 24/7 to answer your questions. If you want a real personal injury attorney to handle your Decatur, Alabama fall case, call 256-350-7200 now. We are real trial attorneys here to help you through this difficult time.

Who pays for Injuries in Slip and Fall Accidents?

Dec 06

Who pays for Injuries in Slip and Fall Accidents?
Slip and fall injuries are common across the United States. Slip and fall injury claim cases are categorized in legal terms as premises liability civil torts that are usually directed at the property owner or business manager at the location where the injury occurred. However, just because an injury occurred when someone fell in a particular location, it does not mean that the owner or operator is automatically liable for damages resulting from the incident. There are specific elements of a claim that will often require proof presented by a personal injury attorney when the accident occurs in a remote location or is not documented properly by a business owner or operator. Depending on the specifics of the case, slip and fall injuries can be complicated, and are often defended vigorously. An experienced personal injury lawyer Washington DC trusts may be needed to ensure that you are compensated equitably.

Who is Liable?

The final determination of liability in a slip and fall injury claim is based on the material case facts of the accident. All business operators have a reasonable duty of care towards all business patrons and employees alike, and many accidents occur because of the operator’s negligence to maintain a clear and safe walking space. Issues such as water leakage onto a floor, or any other type of spill that is not addressed in a timely manner, could result in a customer or employee slipping on the slick spot. Actually, many slip and fall accidents occur in the winter in icy conditions, when injury victims lose their footing while walking on ice. If the injury happened due to a structural problem, the building owner could be liable, as well as a business operator who is charged with maintaining walking clearances. Depending on the circumstances, both parties could be liable to a degree.

Proving Fault

Proving fault in a slip and fall injury case can be difficult because of several factors. If the accident occurs on personal property, trespassers will often have a difficult time winning a slip and fall personal injury claim, because they are not authorized to be on the property. For businesses that open their doors to the public, this can be an easier task. The business operator is usually the primary respondent when they have failed to address a dangerous condition in the store. Proving fault against a property owner usually requires specific evidence of failure to maintain the property. Proof of fault for each potential respondent requires your attorney to prove that an accident occurred resulting in the particular injury being claimed, and the injury was a direct or indirect result of the negligence of the respondent, or respondents.

Are You Responsible for the Injury?

This is the most common defense used in a slip and fall accident injury claim, and will always be addressed immediately when an insurance company will be required to cover the damages. This is the comparative negligence defense that applies to all injury claims in all states. In states that use pure contributory laws, an injured party that is even 1% at fault for the accident cannot file for any injury damages. In states where modified comparative negligence is used, injured parties found to be at least 50% or 51% at fault for their own injury through assumption of personal risk determinations will be barred from damage collection as well. States using pure comparative negligence law will allow an injured party who is even 90% at fault to receive 10% of total damages from the injury. Claims can easily be routinely denied in some states because of personal fault for your own injury.

Thanks to our friends and contributors from Cohen & Cohen, P.C. for their insight into slip and fall injury cases.