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What to Expect During Your First Consultation With a Divorce Attorney Mobile AL

Thu, 19 Mar 2026 17:22:54 GMT

Starting the divorce process is rarely easy, and that first meeting with a divorce attorney often brings anxiety as well as hope. At William C. Poole, LLC, operating in the Mobile, AL area, we understand that scheduling your initial appointment is more than a legal necessity—it’s an opportunity to get answers, clarity, and a sense of control. If you’re wondering what actually happens during that consultation, this article will lay out how we approach it and how you can prepare to make the most of your time.

Setting the Stage for Your Divorce Attorney Consultation

A first consultation is your chance to share your story and outline your priorities. We believe that a thorough and respectful discussion at the beginning sets the tone for every decision to follow. Our divorce attorney starts by getting to know the details of your situation: your marriage history, children, current assets, debts, and any issues that prompted your consideration of divorce.

Preparation makes a difference. We recommend bringing key documents, such as tax returns, bank statements, investment information, and a list of marital assets and debts. This way, your attorney can provide tailored advice rather than generic suggestions. We also encourage honesty from the very beginning. Divorces often involve sensitive and private matters, so it’s important you feel safe sharing the full picture. Honest communication lets your attorney spot potential challenges before they become obstacles.

Questions You Should Be Ready to Answer and Ask

During that first meeting, you’ll be asked about your marriage’s timeline, finances, and goals regarding children and property. Your divorce attorney will want to understand what matters most to you—whether that’s custody, fairness in asset division, or safeguarding financial security. Open discussion is encouraged.

What should you ask? Start by inquiring about Alabama law: How does property division work? What are your options for child custody arrangements? How does spousal or child support get calculated? Ask about possible alternatives to courtroom litigation, such as mediation or settlement conferences, and how they differ. If you want deeper insight into the divorce process, we recommend reading this comprehensive guide before your meeting for helpful context.

Having a list of your main concerns and questions helps direct the conversation. Through this, we’re better able to recommend strategies that match your unique needs.

How Your Divorce Attorney Evaluates Your Case and Goals

Every divorce has its own nuances. Our approach is to focus on your short- and long-term goals, whether related to parenting, finances, or simply moving on in the healthiest way possible. In your first consultation, we look for immediate legal needs—like asset protection or urgent custody arrangements—while also taking stock of broader objectives.

A major part of our evaluation includes reviewing household finances, retirement accounts, property values, and outstanding debts. We value transparency about your priorities and fears, so we can develop strategies that work for your situation and avoid unexpected setbacks later.

To see the full breadth of family law issues we address, check out our family law service page . Understanding the different practice areas can help you ask questions tailored to your concerns.

The Importance of Honest Communication

Trust between attorney and client is the heart of effective representation. When you meet with a divorce attorney, sharing openly—no matter how personal or difficult the details—leads to better legal advice. We guarantee confidentiality, making our office a safe space for tough conversations. Being candid about your relationship, assets, or any possible disputes helps us anticipate and prepare for potential legal challenges.

This practice of open communication continues throughout the process. We encourage all clients to update us as circumstances change. It ensures your representation adapts to new developments and that you never feel unsupported at any stage.

How Early Meetings Set You Up for Success

Consulting an attorney early is one of the best ways to reduce stress and uncertainty. Early guidance from a divorce attorney clarifies your rights, equips you with timelines, and informs you about steps to protect your interests. You’ll learn how to organize finances, consider new living arrangements, and handle new parenting schedules before they become urgent.

Clients operating in the Mobile, AL area benefit from our familiarity with local law and court procedures. Getting answers early from an attorney means you can make proactive decisions and avoid costly errors or missed deadlines.

Planning for Life After Divorce

A first consultation is about more than immediate problems. We also help you look ahead: setting goals for life after divorce, from financial stability to parenting plans or housing needs. Divorce affects more than your day-to-day routine. It can impact insurance, retirement, taxes, and even relationships with extended family.

Your divorce attorney is here to guide you through these adjustments, helping you consider legal options that support your short and long-term interests. You’ll leave your consultation with a clearer picture and practical suggestions on how to proceed.

As your case unfolds, we continue to refine our approach based on new developments, always focusing on your wellbeing and the best possible outcome. Our attention to detail and deep knowledge of Mobile, AL’s legal landscape keeps you protected throughout each step.

Why Clients Trust William C. Poole, LLC

We know every divorce is unique, and we bring compassion and expertise to each case. Beyond legal strategies, we offer emotional support and practical resources that empower you during a difficult time. Our office is committed to transparency in communication and excellent client service.

For many, the first meeting with a divorce attorney brings not just information but relief. Coming prepared, asking questions, and sharing honestly can transform a daunting situation into a manageable path forward.

Schedule Your Divorce Attorney Consultation Today

If you need guidance from a seasoned divorce attorney serving Mobile, AL, let William C. Poole, LLC be your trusted ally during this life transition. Contact us today at 251-344-5015 or use our online contact form to arrange your initial consultation. We’re here to answer your questions, advise on next steps, and help you move forward with confidence and peace of mind.

Working Together: Co-Parenting Considerations

Thu, 07 Jan 2021 15:56:01 GMT

When parents end a relationship, whether married or not, one of the most important considerations is co-parenting your children. Children of ended relationships need extra care and consideration during this difficult time. To help, you both should work together to form a good, healthy co-parenting plan.

When you have joint legal custody of your children, you have to work together to mutually agree on the decisions pertaining to your children, such as choice of school and medical treatments. The following are some considerations to keep in mind as you think about your co-parenting arrangement.

Set the Foundation for Success

To start, you both need to understand the importance of a co-parenting plan. The plan is a way you can both present yourselves as a united front for your children. You can tailor your plan based on the needs of your children and special circumstances you have.

You can change your co-parenting plan as your children age or if things change in your lives, such as moving out of your state. To best set the foundation, you both need to communicate about your plan and how you can work together to make co-parenting successful.

Some topics to cover during your conversation include daily and weekly school routines, extra-curricular activities and corresponding schedules, holiday schedules, vacations, and boundaries for travelling. You also should talk about when or if one of you cannot accommodate the schedule or you have an emergency that impacts the plan.

Make Family Rules

Just because you do not all live together as a family does not mean you cannot have family rules. Having a set of rules that apply to both parent's homes allows the children to understand that the same rules and policies stand in both houses no matter what. Setting family rules that apply in both homes also sets a united front for your children. This will help avoid potential conflicts.

Examples of family rules may include curfew times, how long a child may spend on the computer, when friends may come over to the home, and whether or not a child is allowed to use a cell phone. You both need to set strict expectations and consequences for breaking the family rules. In addition, you both need to commit to following through with these terms.

Failure to follow the family rules and consequences makes it easier for the children to favor one parent over the other. This can ultimately lead to serious breakdowns in the family and undo all the good you have done for your co-parenting efforts.

Follow the Law

Ultimately, your co-parenting plan may have to go to family court to ensure it is fair to both of you and serves the needs of your children. Once the judge signs off on your arrangement, you both must follow the agreement. Certain sections of your co-parenting plan, such as custody and child support, are crucial and can come with serious consequences if you violate either part.

If something happens and you cannot honor your side of the co-parenting agreement, you cannot simply decide you will not comply. There are serious ramifications for going against a legal agreement.

Should there be a time in which you cannot honor the agreement in any way, you need to inform the other parent and your attorney. You can always modify your agreement, but you have to do so properly through the court system.

If you have any questions about a family law matter, please contact us at William C. Poole, LLC . We are here to help you with your legal needs regarding child custody and other family law issues.

Important Legal Considerations for Relatives of People With Dementia

Mon, 16 Nov 2020 16:52:40 GMT

Dementia is a terrifying illness, and learning that a close relative has been stricken by this condition can be overwhelming. However, once the initial shock has subsided, act quickly to plan for your loved one's future.

If a parent, sibling, or other close relative has recently been diagnosed with dementia, protecting their legal rights is particularly important. If at all possible, talk with your relative about the following important legal considerations.

Durable Power of Attorney

Dementia is a progressive illness that cannot be cured, and eventually, your relative will no longer be able to make legal decisions or direct their own medical care. To prepare for this eventuality, you should talk to your relative about granting you durable power of attorney.

A power of attorney document is a legally binding directive that allows somebody else to make important legal and medical decisions for you. However, different power of attorney documents are used for different circumstances, and an ordinary power of attorney becomes invalid if the person who granted power of attorney is cognitively incapacitated.

This is obviously useless if you need to take care of somebody with dementia, so you should seek to obtain durable power of attorney instead. Durable power of attorney documents contain specific wording and remain legally binding after a dementia sufferer becomes incapacitated.

However, giving somebody else the power to make life-or-death decisions for you can be daunting, even if that person is a close and trusted relative. If your relative is still in the early stages of dementia, the two of you can create a springing durable power of attorney document that only grants you power of attorney once the illness has become more advanced.

Conservatorship

In most cases, a person will be diagnosed with dementia while they are still in the illness's early stages and are able to make decisions for themselves. However, if your relative was only diagnosed after their dementia had become more advanced, or they decided to keep the diagnosis to themselves, they may already be incapacitated before you can tend to their legal needs.

In these unfortunate cases, your best option is to become a conservator for your relative. Conservatorship is essentially a retroactive form of power of attorney and can be granted to a dementia sufferer's relative or close friend even if they no longer have legal capacity.

You should be aware that filing for conservatorship is a long and costly procedure, with no guarantee of success at the end. You must file a lengthy petition, and submit to a thorough investigation that legal authorities conduct. You may also have to appear in court to argue your case for conservatorship.

You should, therefore, seek conservatorship only as a last resort if you feel that your relative's legal and medical rights are not respected. If you choose this option, working with an attorney with experience in conservatorship cases will strengthen your case significantly.

Wills

To think of your relative's will might seem morbid while they are still alive and active. However, once a person has been judged legally incapable, they cannot legally alter their will or other legal documents in any way.

If your relative needs to write or modify their will, and their condition is not advanced, you can help them obtain written opinions from their doctors stating that they are not yet incapacitated. If others decide to dispute your relative's will after their dementia has advanced, these opinions will be very useful for proving that the will was written before your relative's condition declined.

Taking care of legal matters for a sick loved one is always a stressful experience, but working with trustworthy and dedicated attorneys can make the process easier for everyone. If you need more advice, contact the experienced legal professionals at William C. Poole, LLC .

How Medical Malpractice During Pregnancy Can Harm the Baby

Tue, 01 Sep 2020 21:29:06 GMT

The medical care you receive during your pregnancy affects your baby's health. Thus, medical malpractice during pregnancy can harm the baby and even trigger birth defects. Below is an overview of how medical malpractices during pregnancy can harm the baby.

Medication Errors

Various forms of medication errors can harm unborn babies. For example, an unborn baby can suffer if:

A doctor prescribes a medication that is dangerous to unborn babies
A doctor prescribes the wrong dosage to the mother
A doctor prescribes a medication that interferes with normal pregnancy

Unborn babies are more sensitive to drugs than other people. That is why your doctor must know if you are pregnant before they prescribe your medication.

Consider the example of isotretinoin that doctors use to treat severe acne. Unfortunately, the drug can cause severe birth defects if you use it during pregnancy. Thus, if your doctor knows that you are pregnant and prescribes the drug, the doctor will be liable for the birth defect their action might cause.

Diagnostic Errors

Diagnostic errors come in different forms. Examples include:

Wrong diagnosis, where the doctor diagnoses a medical condition that you don't have
Delayed diagnosis, where the doctor takes unnecessarily long to diagnose your condition
No diagnosis, where the doctor fails to diagnose your condition

Any of these diagnostic errors can cause birth defects. Consider intrauterine growth restriction (IGR), an abnormal condition where the baby grows abnormally slowly. Such an abnormally small baby might suffer during delivery because their body cannot handle the pressure of delivery.

Ideally, your doctor should diagnose your IGR and take the relevant measure to help the baby. For example, premature delivery is sometimes necessary to save abnormally small babies. A doctor who fails to diagnose the condition in time might be liable for the injuries your baby might suffer.

Lack of Informed Consent

You should have a reasonable idea of a proposed medical treatment before you receive the treatment. The knowledge will help you decide whether to receive the treatment, which is what informed consent is all about. Some of the things you should know include:

The diagnosis
The proposed treatment
The potential risks or complications
The probabilities of success
Alternative treatments
Your prognosis without treatment

Without your informed consent, your doctor may be liable for the injuries you might suffer due to the treatment.

For example, invasive dental treatments are not advisable during pregnancy. Such treatments increase the risk of infections that might harm both the mother and the baby. Thus, if your dentist doesn't get your informed consent before an invasive procedure, the dentist might be liable for the harm your baby might suffer.

Negligent Prenatal Care

You need medical checkups from the beginning to the end of your pregnancy. The checkups keep both you and the baby safe. Prenatal care involves multiple services. For example, your health care provider may:

Conduct different tests, such as ultrasound, to confirm the baby's wellbeing
Advise you on what you should do to ensure a healthy pregnancy (for example, the doctor may advise you to avoid smoking)
Screen you for health complications that might have the baby

Inadequate or the wrong prenatal care might constitute medical negligence. For example, your medical history and lifestyle affect your risk of premature birth. Premature birth increases the baby's risk of certain diseases, such as heart problems. Thus, a doctor who fails to factor your medical history in your prenatal care may be guilty of medical negligence.

An experienced attorney can help you recover medical malpractice damages. William C. Poole, LLC, has decades of experience with medical malpractice cases. If you suspect medical malpractice during your pregnancy, contact us so that we can evaluate your case and determine the best way forward.

Causes of Surgical Errors That Trigger Medical Malpractice Cases

Mon, 06 Jul 2020 14:02:05 GMT

Surgical errors come in various forms. A surgeon might leave an object in your body, operate on the wrong part of your body, or even use the wrong drugs during the surgery. These mistakes might constitute medical malpractice if they worsen your medical condition or cause new health issues. Below are some of the common reasons surgical errors occur.

Fatigue

Fatigue affects both mental and physical capabilities. A tired surgeon might not make as good decisions as an energetic one. Common reasons for fatigue include:

Long working hours
Understaffing
Inadequate sleep
Improper shift design

Most of the above reasons are connected. For example, a surgeon in an understaffed hospital might have to work long hours overnight, which means inadequate sleep and, eventually, fatigue.

Intoxication

Intoxication, either form alcohol or other drugs, also makes a doctor more prone to mistakes because it can lead to physical and mental impairments. Here are some specific effects of intoxication:

Impaired hand-eye coordination
Reduced reaction time
Vision impairment
Impaired judgment

For example, an intoxicated surgeon with impaired hand-eye coordination might damage tissues or organs near the surgical site.

Most surgeons stay sober during work hours, but there are exceptions to the rule. A surgeon might take alcohol to calm their nerves or take stimulants to deal with fatigue and stay alert.

Miscommunication

Successful surgery requires an efficient flow of communication between different parties. The doctor and their patient as well as the lead surgeon and their team need to communicate properly. A breakdown in communication can easily harm the patient. Here are some examples of how miscommunication can lead to surgical errors:

A surgeon fails to request all the equipment they need for surgery.
A surgical nurse marks the wrong surgical site because they didn't understand the surgeon's instructions.
The surgical team doesn't receive the patient's complete medical records and uses the wrong drugs on the patient.

Typical causes of miscommunication include poor handwriting, fatigue, hearing impairment, vision impairment, and malfunctions of communication tools, such as fax machines.

Inadequate Preparation

All surgeries carry some risks. Surgeons and their helpers must prepare adequately to minimize these risks. Below are some of the ways surgical teams prepare for surgeries:

They review medical histories
They practice or go through the motions of the procedure
They use surgical stimulators for practice
They review the medical procedure
They ensure all the equipment and materials are available
They clean and sterilize their equipment

Medical providers have standard operating procedures on how they prepare for surgery. Failure to adhere to these procedures can easily lead to an injury. Consider a case where a patient is allergic to a drug or material, but the surgeon doesn't know that because they didn't review the medical records. Such a mistake can lead to a serious allergic reaction in the patient.

Incompetence

Most doctors or surgeons are fully competent in the procedures they perform. Occasionally, however, a surgeon or a member of a surgical team does something below their competency. Common causes of incompetence include:

Inexperience
Inadequate education and training
Wrong specialization

Medical professionals have different reasons for working while incompetent. For example, an understaffed medical center might allow an incompetent surgeon to operate on a patient. Another example is an incompetent surgeon who wants to bolster their experience. Financial rewards can also make people take cases beyond their skill set.

Everyone makes mistakes. However, your surgeon has your health and life in your hand, and they shouldn't make avoidable mistakes. William C. Poole Attorney at Law has a wealth of experience with medical malpractice cases. Contact us if you have suffered a surgical error. We will review your case and determine whether you have a viable medical malpractice case.

When Can a Landlord Legally Evict a Tenant?

Fri, 01 May 2020 13:56:17 GMT

Renting property is a great investment, but if the tenant doesn't respect you, the property or the lease, it can become a huge, expensive headache. If you own rental property, and you have some problematic tenants, check out these four reasons you can start eviction proceedings.

1. Violation of the Lease Agreement

When a tenant signs a lease, they agree to certain rules. For example, a lease may prevent the tenant from having any dogs or cats in the house. If the tenant ends up adopting a cat or dog, they've violated the lease agreement. In most cases, however, it needs to be a more serious violation before the tenant can be evicted.

In the above example, adopting one pet probably won't lead to an eviction. However, if the tenant suddenly decides to start fostering animals, you may be able to start eviction proceedings because a lot of animals can drastically damage the property.

Similarly, small violations can lead to eviction if the tenant keeps doing it. With the pet example, if you approve the single pet, but your tenant decides to adopt another pet without telling you, this shows a pattern, and patterns of violations can often be used as grounds for legal eviction.

2. Damage to property

Wear and tear is a part of life. Therefore, if your rental property has carpet, it will get dirty, especially in high traffic areas. Normal wear and tear does not include lots of stains, tears in the carpet, or missing carpet. Wear and tear is not enough for eviction, but if the tenant actively causes damage, you can usually start eviction proceedings.

In most cases, a single stain or broken window isn't enough for eviction, but if the tenant purposely or drastically destroys your property, you may have a case for eviction. For example, if the tenant kept letting their dog tear at the carpet, soil the carpet, etc. you may be able to evict, especially if the behavior continues after warnings.

3. Illegal Drug Activity

As the landlord, you may be held liable if someone is selling or producing drugs on your property. Similarly, if someone gets hurt because of the drug activity, they may be able to sue you. For this reason, you should always evict someone who is doing anything with illegal drugs on your property.

You are allowed to check the property, but you have to give notice, which gives the tenants time to hide any proof of illegal drug activity. Therefore, you need to watch for other signs of drug activity, such as lots of visitors day and night, strange odors, and high utility usage.

4. Failure to Pay Rent

When a tenant is late with their rent payment, you usually have to give them a short grace period. As long as they pay the full amount before the grace period ends, you can't terminate their lease or start eviction proceedings. However, if they don't pay within the grace period, or they don't pay the full amount, you can typically terminate their lease, which is the first step in starting eviction.

If a tenant continues to pay the rent late (but within the grace period), most landlords can terminate the contract. However, local laws dictate how many chances you have to give the tenant before you can evict. For this reason, you need to have clear records of all tenants' payments, late or on-time.

Even if you have valid reason to evict the tenant, you can't just make them leave overnight. These reasons only allow you to start the eviction process, which can be tricky. If you need help, or you want more information regarding eviction, contact us at POOLE William C. Poole, LLC.

Stepparent Adoption in Alabama: What You Need to Know

Fri, 03 Jan 2020 13:52:06 GMT

Many people with stepchildren would like to adopt their spouse's child in order to have a more formal legal relationship with that child. Deciding to adopt a stepchild means that you must be fully cognizant of all the relevant state laws and statutes. Take a closer look at what you need to know about this important legal issue.

Consent

One of the key issues regarding the adoption of a stepchild is consent. Typically, you will need the consent of the child's other biological parent, assuming, of course, that your spouse consents to the adoption. Some important exceptions exist to the consent rule, however.

Abandonment

For example, if a biological parent abandons a child, then that parent's consent is not required in some states, such as Alabama. The state of Alabama considers that a child is abandoned if the father does not offer any emotional or financial support to the mother for six months prior to the child's birth.

Consent is also not required in the state if a parent leaves a child with others for a period of six months or more without providing support for the child and without communicating with the child or caregivers. Also, state statutes do not require consent when a biological parent does not answer a notice regarding adoption proceedings within 30 days.

More Exceptions

Other exceptions to the consent rule in Alabama include parents whose rights to a child have been terminated by a court and also parents who are considered mentally incompetent. Parents who relinquish their rights to a licensed adoption agency also forfeit their right to withhold consent.

Revocation

A parent who gives consent to an adoption in Alabama must do so in writing and confirm the decision in the presence of an appropriate state official, such as a judge or county clerk. Once given, a parent may not revoke consent unless it was given due to fraud, mistake, or undue influence, or the court rules that a revocation is in the best interests of the child.

Child

A key point to keep in mind if you want to adopt a stepchild in Alabama is that the child must also give their consent if they are 14 or over . The only exception to this requirement is when the court rules that the child doesn't have the mental capacity to give consent.

Residence

Alabama is one of the states that has a residence requirement regarding the adoption of a spouse's child. To adopt a stepchild, the child must reside with you for at least one year prior to the adoption. The court, however, waive the requirement if it believes they have good reason to do so.

Home Study

Every state has a procedure known as a home study to determine if the household that adopts the child is a proper place for the child to live. Home studies look at such things as the backgrounds of the adults in the house and whether the adoptive parent or parents are capable of providing for all of the child's needs.

Alabama does not typically require a home study in situations where a stepparent petitions the court for adoption. The court may still demand that a home study be completed, however, if it decides that one is needed.

Adopting a child as a stepparent is somewhat less complicated than other types of adoptions. The legal issues can still be tricky, however, so you will need the advice and counsel of an experienced lawyer, such as William C. Poole, LLC, to help you navigate the process. For more information about adopting a spouse's child, contact us . We will be happy to represent you in all matters pertaining to the adoption of your stepchild.

What Happens to 3 Types Of Investments During Bankruptcy?

Mon, 21 Oct 2019 13:46:45 GMT

If you have decided to declare bankruptcy, you probably have many questions. For a debtor who has worked hard to accumulate investments - whether large or small - one very important question is how the bankruptcy will affect those investments.

To help you understand the effects you can expect as well as how to make the best choice among bankruptcy chapters, here is a short guide to investment types and bankruptcy results.

1. Your Investment in a Home

For many Americans, their home is their largest investment. For some, it may be their only investment - especially if times have been tough. Most states have put protections in place to prevent you from automatically losing your home in bankruptcy.

These protections, often known as homestead exemptions, allow you to exempt a home up to a certain equity value from being a salable asset for seizure. In Alabama, for instance, this exemption covers up to $30,000 worth of equity, depending on your circumstances. Each state is different, so be sure you work with an attorney in your state.

You may also be able to reaffirm your mortgage, confirming that you wish not to be relieved of this debt and want to work to keep the home instead.

2. Your Investment in Retirement

Have you been able to put money aside for retirement? Then you likely have good news. Most legitimate retirement plans in accordance with federal rules are exempt from seizure to pay debts. This includes most 401(k) accounts, IRAs, Roth IRAs, SEP (self-employed pension), and SIMPLE plans.

These are exempted because you generally can't simply withdraw the money penalty-free in order to pay a debt. This inaccessibility works to your advantage in bankruptcy proceedings. However, limitations exist. IRAs and Roth IRAs are usually only exempt up to the first $1,362,800 , for instance.

3. Your Investment in a Portfolio

Finally, what will happen to any traditional, taxable investments you have when the time for bankruptcy arrives? This isn't usually as much good news as for the other types of investments. If you file for Chapter 7 bankruptcy, the court is likely to order your portfolio liquidated in order to pay off your debts. A few exemptions exist, but you should discuss your particular situation with your attorney.

Someone with significant investments when filing for Chapter 13 bankruptcy, on the other hand, may come out a little better in the long run. Because Chapter 13 isn't straight liquidation, you have a chance to pay off your debts over time through an approved plan. You can often keep your investments, but keep in mind that they may affect how much you will pay each month.

One final way to exempt some of your portfolio is called a "wildcard exemption." The wildcard exemption is designed to allow you to choose certain assets you want to protect from seizure to pay debts. You may often choose a car, personal belongings, collectibles, or even your investment portfolio. The wildcard exemption isn't a great deal of money, but it does offer some additional relief.

Protecting your assets during a bankruptcy is challenging but vital. And because of complex state laws, you may need to take a number of protective steps before you even file with the court. The earlier you know how to make the best of the bankruptcy, the better you can stabilize your finances without giving up everything you've worked for.

To learn more, make an appointment with the Alabama bankruptcy professionals at William C. Poole, LLC , today. We can help you navigate this uncertain time and learn the right answers to all your questions. Call today for more information.

Should You File a Medications Lawsuit?

Wed, 11 Sep 2019 13:44:21 GMT

When most people think of medication, they think of it as something designed to help people. Unfortunately, however, some medications end up doing more harm than good.

Medications might provide dangerous side effects that you were not made aware of. Or, they might cause negative interactions with other medications that you take. Sometimes, a physician may simply provide a wrong medication for your condition or a medication that is dangerous for you specifically.

Whatever the case may be, if you've encountered harm due to a medication you took, you may want to consider filing a lawsuit. The key, though, is to know when that's appropriate and what the right type of lawsuit is in your particular circumstance.

Marketing Mistakes

Try and think back to any marketing related to your medication that you saw. In particular, think of marketing that made you want to use the medication in question or that led you to believe it was safe.

If you can prove, with the help of a qualified lawyer, that the medication was marketed in a purposefully misleading way or that inadequate information about the drug or how it was to be taken was given, you might just have a shot at winning a medication lawsuit.

Unsafe Ingredients

Perhaps your case is a little different. Maybe you took a particular medication for years, only to one day get a bad batch of the medication that caused health problems or negative side effects.

Believe it or not, this happens more often than you might think. If you have reason to believe that the medication you took was tainted, tampered with, or included unsafe ingredients not included on the ingredient list, you have a good chance of winning a lawsuit.

Unfortunately, cases like this can be hard to prove, which is why you should seek the advice of a qualified attorney.

Excessive Side Effects

Most medications will let you know if there are potential side effects from taking their product.

However, in extreme cases, if the side effects severely outweigh the benefits, you may have a valid lawsuit. This is due to the fact that the medication was poorly designed, or the manufacturer did not consider that the risks might be overly extreme.

If the medication, for example, causes side effects that are permanent or very long lasting, or if it manages to worsen your condition or cause a new condition, you could present these damages and losses to the court.

No one takes medication hoping to get worse in terms of their health and wellbeing. So, if that happens to you, you may want to go to court.

Easy Addiction

Did you find that you became addicted to a medication you took? Perhaps you started taking it as prescribed, built up a tolerance, took more to get the desired effect, and then found yourself addicted. Or, maybe you didn't realize the medication contained a highly addictive ingredient, which is not a fact pharmaceutical companies often advertise.

If you wanted to take medication but ended up with an addiction instead, you might be able to file a claim, especially if the company was misleading or secretive about the potential addictive nature of its product.

Wrongful Prescriptions

Sometimes people will wish to file a medication lawsuit after being prescribed the wrong medication or dosage by a physician. They might also want to file if their physician provided them with a medication they were allergic to or that was not safe to take with other medications they were on.

In these cases, you may still have a case, but it's likely against the medical professional, not against the product.

In any event, if you think you have a lawsuit on your hands, be sure to contact the legal pros at William C. Poole, LLC .

What Are the Pros and Cons of Filing for Bankruptcy?

Mon, 05 Aug 2019 13:41:46 GMT

If you are drowning in debt, you may have considered bankruptcy. Bankruptcy is a major decision that will stick with you for years, but it can be rewarding if you really need it. If you think bankruptcy may be a good choice, check out these pros and cons.

Pro: Most Debt Is Wiped Clean

Most of your everyday debt can be included in your bankruptcy. This includes medical bills, credit cards, and loans. On average, people 18 to 24 have debt of about $22,000. People 25 to 34 have an average of $42,000 in debt. People 35 to 49 have an average debt of $39,000. Last, those 50 and up have about $36,000 in debt.

Most of this debt is credit card bills, loans, and mortgages. However, for younger Americans, much of their debt is from student loans. Unfortunately, wiping your student loans is hard, and you often have to prove a sudden and long-term hardship. Other debts are impossible to eliminate, including child support, alimony, and tax liens.

Pro: You Don't Lose Everything You Own

Filing for bankruptcy may seem scary because you may assume you have to sell everything you own worth value, including your vehicle and car. However, that isn't usually the case.

Bankruptcy exemptions help protect some of your more expensive property, such as vehicles and real estate. Depending on how much you own, how much you owe, and how much debt you keep, you may have to apply for Chapter 13 instead of Chapter 7 bankruptcy. Chapter 13 bankruptcy lasts a few years, and you may have to repay some of the debt.

Con: Your Credit Score Is Negatively Impacted

A good credit score helps determine loan and credit card interest rates. Employers, renters, and many other people check your credit score too, and a low one may lose you a potential job or home.

If you do file for bankruptcy, your credit score will drop significantly, especially if you had a high score. If your score was already low, this might not impact it much. The bankruptcy will also appear on your credit report for years.

Of course, not paying bills and paying bills late can also affect your credit score. Therefore, you may still ruin your credit while also wasting money paying minimum interest rates. If this is the case, bankruptcy could be a great way to save you money and put you back on track.

Con: You Have to Qualify to File

Not everyone can apply for bankruptcy - you have to qualify. Typically, this just means you have to prove your debt-to-income ratio is too high. Typically, to qualify for Chapter 7, your debts need to be more than half your annual income. You may also qualify if you have little to no disposable income.

Other indicators you may be a good candidate for Chapter 7 is that your debt affects your life, such as causing insomnia from stress. Finally, if your monthly income is less than the median income level in your state, you may qualify. If you can't qualify for Chapter 7, talk with your attorney about Chapter 13, which is often less strict because you have to repay some of the debt.

Bankruptcy is a big decision, but if you are in a terrible financial situation, this may be exactly what you need to take control of your life and finances again. It will damage your credit score, but you can do some things once your bankruptcy is over to slowly boost it back up. Once your credit score is good again, and the bankruptcy is off your credit report, your credit will usually be fine again.

If you would like to know more about filing for bankruptcy, contact us at William C. Poole, LLC , today.

Understanding Chapter 7 Bankruptcy: Qualify, File, and Discharge

Tue, 11 Jun 2019 13:35:03 GMT

Filing bankruptcy can be a viable option for many who have lost control of their finances for one reason or another. While surprising to hear, almost 800,000 bankruptcies were filed in 2016 alone. Therefore, bankruptcy is more common than most people think. Since different bankruptcy options are available, know which one is right for you if you are considering filing.

Known as a liquidation form of bankruptcy, chapter 7 is a popular option among consumers. Basically, this bankruptcy liquidates debts you are unable to pay as opposed to paying back the debts over a period of time, which is part of a chapter 13 bankruptcy.

Even though chapter 7 bankruptcies are common, most people do not understand the process involved with them. This guide will walk you through the qualifying, filing, and discharging process of chapter 7 bankruptcy.

Qualify

Schedule a consultation with an attorney to determine if bankruptcy is the right option for you. A means test will decide whether you qualify for filing chapter 7 or chapter 13 bankruptcy.

The means test determines your disposable income, which is the amount of money left over (after paying essential expenses) from your average income over a period of six months.

In most cases, the more disposable income you have, the less likely you will qualify for chapter 7. Your attorney and the courts will state you have enough disposable income to pay off your creditors instead of liquidating your debts through chapter 7.

Note that even if the means test qualifies you, the bankruptcy courts will have the final say in whether or not you have the disposable income to file chapter 7 or pay your creditors through a chapter 13 bankruptcy.

File

To begin filing chapter 7, your attorney will require numerous documents including proof of income and bank statements for the last six months. Also, you will need to provide copies of your tax returns from the last two years.

Bill statements for rent/mortgages, auto loans, utilities, insurance, and credit cards should also be provided to your attorney. Statements showing retirement and investment accounts and appraisals of property, such as real estate and vehicles, will also be necessary.

You will also need to complete a credit counseling course before you can file bankruptcy. Your attorney can recommend a few local or online courses if necessary. Once completed, you will receive a certificate that you must include in your bankruptcy filing application.

After filing the application, you will need to attend a meeting of creditors. Also known as the 341 meeting, the meeting of creditors will address your finances and reasons for filing bankruptcy. You and your bankruptcy trustee will be present at the meeting. However, creditors do not always attend.

During the meeting, you may be asked about your property/assets and income. Creditors may inquire about recent purchases you made on credit cards and what your hopes/plans are in regards to secured property, such as home mortgages and vehicles.

The meeting of creditors can be emotionally overwhelming for many consumers, but do your best to remain calm and answer questions with complete honesty.

After filing and attending the meeting of creditors, the courts will decide if you do, in fact, meet the requirements to file chapter 7. You will also need to attend a financial management course. This is in addition to the credit counseling course required before filing.

Discharge

If all the stipulations and requirements are met, the courts will grant the bankruptcy discharge, releasing you from the debts.

The process can be time-consuming, and the exact timeframe will depend on your specific case. On average, you can expect the discharge to be completed within three to six months after filing.

For more information on chapter 7 or another form of bankruptcy, contact Friedman, Poole & Friedman, P.C. today.

Factors That Determine Your Malpractice Case on Pain Medication Addiction

Wed, 10 Apr 2019 13:28:32 GMT

Some patients accuse their doctors of medical malpractice when the patients get addicted to pain medication. If you are in such a situation, know the factors the court will consider as it decides your case. Here are some of these factors.

Medical History

If you have a history of drug addiction, then you are more likely to get addicted to pain medication than others who don't have the same history. Thus, your history of addiction should help your doctor take extra care to mitigate the risks of addiction. A doctor who exposes you to highly addictive opioids despite your history of addiction may be guilty of malpractice.

Disclosures

The law expects patients to disclose everything in their medical history to help patients get the right treatment. Doctors should also probe patients about their medical histories to prescribe safe and effective treatments. Your doctor is not guilty of medical malpractice if they make the relevant attempts to uncover your medical history but you don't disclose your past addiction.

Diagnosis and Complaints

Many of the most effective pain medications are also some of the most addictive. The medical world reserves such medications for severe pain only. Thus, your medical complaints and the diagnosis your doctor may give determines the potency of pain medication you should get.

For example, you shouldn't get highly potent pain medication for relatively minor back pain, but the same medication may be suitable for a severe spinal injury. Thus, your doctor may be guilty of medical malpractice if they prescribe a potent drug for relatively minor pain.

Adherence to Instructions

Although opioids are addictive, doctors have measures they can use to lower the risk of addiction in their patients. For example, you must observe the dosage and period of use for all pain medications your doctor may prescribe. You have the responsibility to adhere to these measures, and your failure to do so may absolve your doctor of the liability of medical malpractice.

The Nature of the Medication

Not all pain medications are highly addictive - opioids are the drugs to worry about. For example, the opioid oxycodone is a highly addictive drug while non-steroidal anti-inflammatory drugs (NSAIDs) such as meloxicam are not addictive. If you have accused your doctor of pain medication addiction malpractice, the court will look at the drug involved before it makes a ruling.

Informed Consent

Your doctor should discuss with you the benefits and risks of pain medication before you begin treatment. The doctor should even discuss with you the alternative treatments methods that have lower or no risk of addiction.

For example, if the doctor thinks your case requires an opioid use, the doctor should discuss with you alternative pain medications such as NSAIDs. A doctor who doesn't discuss the alternatives (and thus denies you the chance of informed consent) is likely guilty of medication malpractice.

Medical Experts and Literature

Lastly, the court will also look at the opinions of experts on the issue. The case may require reviewing medical textbooks and literature to ascertain what they say on the issue. You may also require the input of an expert witness to prove your case.

For example, you have a strong case if the existing research shows that the dosage you received typically leads to addiction. However, since medical ideas are rarely unanimous, expect the defense to come up with their own literature to support their position.

Addiction to pain medication is real and can lead to long-term consequences such as loss of employment and health complications. If you think your doctor is liable for your addiction, consult Friedman, Poole & Friedman, P.C., to review your case and help you pursue your damages.

Factors That Determine Whether to Stay in a Class Action

Mon, 11 Feb 2019 13:22:50 GMT

A class action lawsuit allows multiple injury victims to sue a common defendant as a group. For example, if an industrial plant's carelessness poisons thousands of people, the injury victims can come together and sue the plant in a class action. Below are three of the major things you should consider before you opt out of or decide to stay in a class action lawsuit.

The Business of Your Schedule

The legal field refers to injury victims who join a class action lawsuit as members of a class. Class action lawsuits have two categories of members - ordinary members and representative members (also class representative or lead plaintiff).

The representative members hire the lawyer, file the lawsuit, involve themselves in the day-to-day management of the case, and even agree to any settlement. The class representatives do all these on behalf of other members of the class. Ordinary class members don't have to do anything but wait for the conclusion of the case.

Therefore, if you have a busy schedule and don't have time to litigate a case, you can join a class action as an ordinary member and won't have to do anything. You can continue with your activities as usual and still receive a share of any settlement or judgment the defendant may pay.

If you don't have a busy schedule and want to be involved in the daily management of the case, then you either become a class representative or file your lawsuit. In short, analyze your schedule and weigh it against your need to run the case directly to help you decide whether to join the class action or file an individual lawsuit.

The Amount of Damages

Apart from your schedule, you should also evaluate your damages before you decide whether to opt out of a class action or not. Your damages are the losses you suffered as a result of the defendant's actions. Your damages include medical bills, damage to property, lost wages, and pain and suffering, among others.

If you have serious damages that total to a lot of money, then you are better off with your individual lawsuit. Members of class actions tend to walk away with limited damages at the conclusion of cases. Don't be surprised if you walk away with only a small amount at the end of a case. The damages are split among the members, which means you likely won't get much.

Of course, such a little compensation makes sense if your damages also didn't total to a lot of money. Also, consider that you don't have to do anything to litigate a class action as an ordinary member of the class; you just wait for the paycheck.

However, such reason doesn't make sense for those who have thousands of dollars as damages. With such high damages, you are better off with your own lawsuit. You don't want to wait for a $200 compensation check if you can get thousands more via your individual lawsuit.

The Remedy You Expect

Lastly, the remedy you want or expect at the conclusion of the case will also guide you on how to proceed. Most members of class actions expect monetary compensation and may get it or other forms of financial rewards such as rebates or coupons for future services.

Financial compensation is not bad; stay in the class action if you want financial compensation. However, opt out of the class action if you want other things other than money from the defendant. If you want an industrial plant to clean up a polluted river, stop its operations, move to a different location, or apologize publicly for its acts, then you have to file a lawsuit yourself.

At Friedman, Poole & Friedman, P.C., we can help you pursue your damages if you want to opt out of a class action and file your own lawsuit. Contact us so that we can evaluate your case and advise you on whether to opt out or stay in the class action.

3 Benefits of Joining a Class Action Lawsuit

Thu, 06 Dec 2018 13:19:10 GMT

If you've been invited to participate in a class action lawsuit, you could be trying to decide if you want to participate or if you would rather file a lawsuit on your own. Both options have their benefits, but you may want to join a class action lawsuit for these reasons.

1. You Don't Have to Pay All of the Legal Fees

One concern that many people have is how much it will cost for them to hire an attorney to help with their case. Those who do not have the financial resources to hire a lawyer of their own might not be able to file a lawsuit at all. Even those who have more financial resources may be concerned about how much of their settlement will have to go to legal fees.

When you join a class action lawsuit, you don't have to shoulder the cost of the legal fees on your own. Instead, the cost of the legal fees will be divided among all of the people who are involved in the lawsuit. Some of your settlement winning wills go toward legal fees, but the cost of having a team of lawyers work on your case will be a lot cheaper.

2. Your Chances of Winning Might Be Improved

You might be more likely to win your case if you become a part of a class action lawsuit. For one thing, since the legal fees will be divided among more people, your group might be able to afford a better and more experienced legal team. Additionally, a lawsuit that has multiple plaintiffs may draw more attention and may involve more evidence than a personal case that only involves one person.

Many people worry about filing lawsuits because they think it will be a waste of their time. After all, many lawsuits do end up getting dismissed. Of course, many class action lawsuits get dismissed as well. However, participating in a class action lawsuit might increase your chances of winning. If the case isn't won, then you'll have less invested than if you had filed a lawsuit on your own.

3. You'll Have Fewer Responsibilities

Even though you might be interested in filing a lawsuit, you could be concerned about the amount of time that you'll have to dedicate to handling the lawsuit. You might be a busy person, and you might not have a lot of time to meet with attorneys or go to court.

You might even be overwhelmed about everything that is involved with filing a lawsuit. You might not know how to look for an attorney, for example.

When joining a class action lawsuit, you may find that the attorneys have already been chosen and hired. The legal team might have already done a lot of the research. You may be able to participate in the lawsuit without having to do much yourself.

In fact, you might be notified that you qualify to be a part of the settlement, and you might just have to submit a form that states that you're interested in being a part of the lawsuit. You may be asked to submit some evidence, such as a receipt that proves that you purchased a certain product, but your involvement should be limited beyond that.

Joining a class action lawsuit is ideal for many people. Of course, if you aren't sure if you'd like to join a class action lawsuit, you can always talk to an attorney to find out what he or she suggests. For more information about class action lawsuits or to file a lawsuit of your own, contact us at Friedman, Poole & Friedman, P.C. today.

Does Your Loved One Need a Conservatorship?

Sun, 14 Oct 2018 13:15:26 GMT

Conservatorship is not a legal concept that many people know much about. But it - along with guardianship - can be an important tool for protecting your loved ones in the event that they can't make certain decisions on their own.

For many families, this occurs when relatives or parents get older, but it can also be necessary for disabled family members or someone affected by an accident or sudden change of health.

If you're considering seeking practical or legal help for your loved one, here are the responsibilities that the conservator or guardian may have.

Financial Responsibilities

If a person cannot make sound decisions about their own finances, someone else needs to take over. This is a common function of conservatorships. What types of steps and decisions will need to be made? Generally, the conservator will assess the assets of the conservatee and determine their values, their liquidity, and how to use them for the best interests of their owner.

The conservator may need to establish the legal status of assets and find out what can be sold or invested to produce income for the ward. This means that they may decide to sell some assets - such as a house or car - or to invest liquid assets as well as brokerage or retirement accounts.

Of course, the ward will also have some ongoing financial obligations that need attended to, and the conservator will have to maintain these on a regular basis. They will pay the person's bills in a timely manner and will file income taxes every year as necessary.

Legal Duties

Because a conservatorship is a legal arrangement overseen by a court process, the conservator must meet certain legal requirements. They generally must inform the court of the status of the conservatee once per year. This status update would include information about how the conservatee's funds have been used, a medical report by doctors and providers involved, and plans for the upcoming year.

This update could also include a statement of whether or not the conservatorship is still necessary.

In addition, the conservator would be responsible for notifying the court when actions need court approval and taking steps to terminate the conservatorship when it's no longer needed (or legally warranted). This is particularly important when the ward is a minor or when the health crisis is only temporary.

Practical Obligations

On a practical level, the conservator or guardian may also need to ensure that the ward is being physically cared for appropriately. For example, the conservator should determine where the person will live and what medical care and physical assistance they need to receive.

They should also arrange for the needs of daily living. For most people, this is the primary concern when it comes to caring for their incapacitated friend or relative.

Even if a conservatee doesn't have the ability to make complex legal or financial decisions, they may still have the ability to make many choices about their daily life. In such cases, you may choose to pursue a limited conservatorship - which provides the ward with a level of autonomy about such decisions as where to live, what care to receive, or how to spend their time while still overseeing big decisions.

Clearly, conservators and guardians have a big job ahead of them. But it's a labor of love. And that conservator can seek out the help and assistance of professionals to aid them in making the best choices for their loved one. If you think a conservatorship may be the right step for someone you love, start by consulting with Friedman, Poole & Friedman, P.C. , today.

Risky Birth Control Options — Do You Have A Case?

Mon, 20 Aug 2018 13:11:57 GMT

According to the Center for Disease Control, approximately 62% of women in their reproductive years use contraception. Most women, about 28% of those using contraception, use a birth control pill. Almost as popular is female sterilization.

Doctors typically want their patients to be safe, and they do not intend to inflict harm. Unfortunately, even doctors who write prescriptions or insert devices with the best of intentions may contribute to health issues.

What Are the Risks of Yasmin Birth Control?

Yasmin birth control has been in the news in recent years for causing health issues in women. This drug and its generic form contain drospirenone, which has linked to heart issues, organ damage, and organ failure.

Yaz, similar to Yasmin, is also a birth control pill also used to treat issues like acne and premenstrual dysphoric disorder. Yaz also has several generic counterparts, such as Ocella, Gianvi, and Sayeda.

Both types of birth control pills come with an elevated risk of blood clots, which can, in turn, result in a stroke or pulmonary embolism. These conditions can be fatal.

What Are the Risks of Essure?

Bayer has also ended the sale of a birth control device known as Essure. People have blamed the coil for intense chronic pain and even uterine perforation. Some women have undergone miscarriages and hysterectomies because of Essure use.

One of the problems with Essure was that it contained nickel, a substance many people are allergic to. Itchiness and hives are a common side effect associated with nickel allergies.

Over the years, many women have complained about the Essure device, which provides sterilization via insertion into the fallopian tubes. As scar tissue formed surrounding the coils, it would block the tubes. Initially, users heralded the devices as minimally invasive options available to suit their needs.

Because of complaints about the device, Bayer opted out of selling any more coils. Additionally, the FDA implemented new rules regarding how people could use the device following thousands of lawsuits from American women.

What Are the Risks of Mirena?

People have criticized Mirena, a type of IUD or intrauterine device, for causing uterine perforations. Many women using IUDs experienced extreme pain, intense bleeding, and other risks people accused Bayer of concealing from its users.

In 2018, Bayer resolved thousands of lawsuits regarding Mirena, according to Consumer Safety. Some claims regarded the fact that the company made Mirena appear as if it was suitable for indefinite use. The truth is that the IUD is available for use for up to five years.

Additionally, some women claimed that Bayer recommended Mirena for women who had not had children, whereas this specific IUD is more suitable for women who have had at least one child.

In one specific case, a woman experienced perforation of her uterus because of the IUD, which then moved into her abdomen. She became pregnant and miscarried following surgery, and her reproductive health conditions may be long-term.

What Can You Do About Birth Control Injuries?

Legal recourse may be available to help you fight back against birth control injuries. If you have become injured or ill because of Essure, Yasmin, or another birth control, consult with an attorney to see if you can receive compensation for medical bills, lost wages, and pain and suffering.

Even if your specific birth control method is not in this blog, you may have a strong case against a medical device or pharmaceutical manufacturer. You may even have a medical malpractice case.

Friedman, Poole & Friedman, P.C. , understands your need for justice after a birth control injury. Set up a consultation with one of our experienced and knowledgeable attorneys today to learn more.

Foreclosure and Bankruptcy: Frequently Asked Questions

Sun, 15 Jul 2018 13:07:23 GMT

In the United States, it's estimated that around 250,000 households enter the foreclosure process every three months. Facing foreclosure is scary, and many Americans are struggling to find ways to keep their family's home. If you’re in this situation, then filing for bankruptcy may be the best option.

However, before you decide to make this decision, it's important to understand the process of saving your home by filing for bankruptcy. This guide answers a few frequently asked questions you might have about foreclosure and bankruptcy.

What Is the Foreclosure Process in Alabama?

Many mistakenly believe that if your house is placed in foreclosure, you will be expected to leave immediately. In reality, the foreclosure process is lengthy and differs from state to state. In Alabama, some of the foreclosure laws include:

Default letter . According to Alabama law, a homeowner’s payment must be at least 120 days overdue before the lender sends a default letter. This letter states the amount the owner owes and how long the homeowner has to repay the mortgage, which is typically one month.
Judicial or nonjudicial foreclosure . If the foreclosure continues, then it will be either judicial or nonjudicial. Typically, mortgage companies will choose a nonjudicial foreclosure, which means the courts will not be involved.
Reinstatement laws . According to Alabama law, homeowners cannot reinstate their mortgage to stop the foreclosure proceedings. Once the foreclosure is underway, and if the lender will not work out a payment plan or loan modification, then the process will continue.
Redemption laws . Once the property is sold at a foreclosure auction, the previous homeowner has 180 days to buy back the property from the new owner. This includes the price of the house and property taxes.

The foreclosure process can take months to complete and can be very confusing for the average homeowner. For this reason, it’s wise to hire an attorney to help you declare bankruptcy.

How Can Bankruptcy Help Me Retain My Home?

If you've been given a default letter and you cannot pay back the mortgage payments, or the lender is not willing to modify the loan or provide you a payment plan, then filing for Chapter 13 bankruptcy can help you prevent or delay the foreclosure. When a homeowner's Chapter 13 bankruptcy plan is filed, an automatic stay protects them.

The automatic stay protects the homeowner while they work with the court to create a repayment plan. Depending on the homeowner's debt and income, the plan will take either three years or five years to complete, during which the homeowner will pay back the amount. Typically, the mortgage payments are included in the bankruptcy repayment plan.

To stop the foreclosure process, the homeowner must complete their repayment plan, and they must continue to pay their mortgage every month. If either of these conditions is not met, then the lender can continue the foreclosure process.

Foreclosure protections under Chapter 7 are different. The automatic stay will temporarily halt the foreclosure. However, because the Chapter 7 process takes only a few months, it does not give time for the homeowner to catch up on their payments. If there is any equity in the home and the equity is not protected, then the bankruptcy trustee can sell the home to pay off the other creditors.

Where Do I Begin?

If you're facing foreclosure, then begin by working with your mortgage lender. The lender might be willing to create a repayment plan or modify the loan. If this method does not work, then filing for Chapter 13 bankruptcy is another option. Talk with a bankruptcy attorney to determine your ability to file for Chapter 13, and the steps you will need to take to protect your family home. Facing foreclosure can be scary, but there are things you can do to save your home. If you have any further questions, contact William C. Poole, LLC .

Medical Malpractice and Cesarean Deliveries: Do You Have a Case?

Thu, 19 Apr 2018 13:03:07 GMT

Cesarean deliveries have become more common in recent years, with more than 1.2 million women undergoing this operation annually. When performed with care, C-section risks are manageable, but when a medical practitioner is negligent, the risks soar.

While the improper care at the hands of a physician can prove fatal, these situations are not the only example of malpractice. If your birth has left you or your child suffering, you may have a case for medical malpractice. Learn about some of the medical team–induced injuries associated with cesarean deliveries.

Oxygen Delay

For some women, a cesarean delivery is a choice. But for many women, the need for a C-section arises due to an emergency complication, such as a larger than expected baby or umbilical cord concerns. Once a provider determines the mother must deliver by an emergency C-section, swift action is required.

A delay in performing this procedure puts the infant at an increased risk of oxygen deprivation. Just as it sounds, oxygen deprivation is a period in which the air supply to the unborn child is limited. This lack of air may result in cerebral palsy or developmental delays.

When a physician is aware of the emergency but continues in their effort to deliver vaginally or is slow to begin the operation and the child is injured as a result, this is negligent behavior.

Bowel and Bladder Trauma

The space between the uterus and your bladder and bowel systems is very narrow. As a result, when a surgeon makes the incision in the uterus, they must be especially careful not to hit the bladder or bowels; the same is true when closing the incision.

When a practitioner does not exercise the right level of care, they can leave the mother to experience lifelong complications. Additionally, when a woman undergoes a cesarean delivery she must have a catheter installed — a narrow tube inserted into the body to remove fluids, including waste from the bladder.

Incidents of medical malpractice may also arise when the medical team does not install or remove the catheter correctly.

Erb's Palsy

Erb's palsy is an injury that typically onsets during the birthing process. This injury is the result of nerve damage sustained within the shoulder area of the infant, due to forceful and rough pulling of the child from the birth canal. Given the cause of Erb's palsy, it is more often associated with children birthed vaginally.

But a woman who delivers by a C-section can also deliver a child with this injury, particularly if the birth process began with a vaginal attempt. If your child has been diagnosed with this condition, don't rule out malpractice.

Infertility

Some women are left to face the unfortunate reality that their last birth is literally their last. When a woman is exposed to infection-causing practices during the C-section and her recovery in the hospital, she may develop endometritis, an infection of the uterine lining.

Endometritis can lead to pain in the uterine area and in some cases can take away a women's ability to conceive a child. Even if the mother is at increased risk of developing this infection, such as those diagnosed with anemia and diabetes, the medical team must take precautions to safeguard against this type of risk.

Childbirth is a life-changing experience that should be filled with joy, not sorrow. If your family suffered during or after the birth of your child, you deserve to have someone explore your legal rights. At POOLE William C. Poole, LLC, we're happy to partner with your family during this sensitive time and ensure your rights are protected . Contact us today.

FAQs About Contributory Negligence and Car Accidents

Tue, 20 Feb 2018 12:57:49 GMT

Alabama is one of the few states that has contributory negligence laws in place when it comes to car accident personal injury claims. Contributory negligence restricts who can collect money from a personal injury claim for injuries sustained in a car accident.

If you have been injured in a car accident, here are a few of the questions you may have about contributory negligence and car accidents in Alabama.

What is Contributory Negligence?

Contributory negligence basically means that if you had any fault in the car accident, you are barred from recovering any money from a personal injury case.

For example, you may be speeding down the road when a driver blows through a stop sign and causes a collision. Unfortunately, since you were speeding and your injuries might have been worse due to the speed at which you were traveling, you are unable to recover money from a personal injury claim, even though the other party failing to stop at a stop sign was the predominant cause of the accident.

Anytime you have fault that may have led to the accident occurring or your injuries being worsened, you are unable to recover money from the other party for your injuries in a personal injury case.

Can You Dispute Fault in a Car Accident?

Because of the contributory negligence laws in Alabama, it is important that you are found to have no fault in a car accident. If a police report, insurance report or other accident investigation finds that you have any fault in the accident, you may wonder if there is anything you can do to dispute these findings.

An accident report is not the final indicator of fault. Many things can be done to dispute fault following a car accident. Hiring a personal injury lawyer is one of the best things you can do when you need to dispute fault in order to win a personal injury case.

How Can an Attorney Help Prove You Weren't at Fault?

If an accident report states that you have any fault in a car accident, hiring a personal injury lawyer can be beneficial. A personal injury lawyer can help dispute the findings and show you were not at fault for the accident. Here are a few of the ways that they can help to prove the other driver carried all of the fault:

Speak to Witnesses

One of the ways that a personal injury lawyer can help prove the other driver carried all of the fault for the accident is to interview witnesses and call them to testify at trial. A witness may be able to dispute that you did anything that caused the accident. They can detail what they saw, which may be enough to show you were not at fault.

Subpoena Video

Video cameras are everywhere. And often times, the captured footage of a collision occurring. A personal injury lawyer can subpoena video footage from businesses, homes and even city traffic cameras to help show exactly how the accident happened and who was and was not at fault.

Hire Accident Recreationists

The last way a personal injury lawyer can help to dispute that you had any fault in a personal injury claim is by hiring an accident recreationist. An accident recreationist recreates or reconstructs accidents. These experts can provide testimony as to who they feel was at fault and why, based on the facts surrounding the case.

Due to contributory negligence laws in the state of Alabama, it is important to hire a personal injury lawyer to help you if you have been injured in an automobile accident. Here at POOLE William C. Poole, LLC, we will go to work to show the driver that injured you carries all of the fault for the accident. Contact us today to schedule a consultation to discuss your case with us.

Common Myths and Misconceptions About Chapter 7 Bankruptcy

Wed, 03 Jan 2018 12:50:03 GMT

For many people facing a challenging financial future, bankruptcy is the best option to get out from under the burden of debt. Depending on your disposable income, you have the option to file for chapter 7 or chapter 13 bankruptcy. But for many individuals, chapter 7, or liquidation bankruptcy, is the best way to start over.

Before you file for chapter 7 bankruptcy, it is important to understand the process, including some of the myths about filing that you may have heard. Here are a few common myths and misconceptions that people believe about chapter 7 bankruptcy.

Chapter 7 Will Completely Destroy My Credit

When you file for chapter 7 bankruptcy, it will remain on your credit report for 10 years. 10 years can seem like a long time, and you might think that working out a payment plan with your creditors, or ignoring your debt altogether, is a better option. Unfortunately, when you let your debt keep piling up, it can have disastrous repercussions that are far worse than filing for bankruptcy.

Chapter 7 bankruptcy will remain on your credit report for 10 years, but it won’t make you incapable of getting a credit card or purchasing a home or car during this time. Your debts are wiped clean with chapter 7 bankruptcy, and this will be reflected on your credit report. Additionally, there are several steps you can take to continue to improve your score after your Chapter 7 bankruptcy is discharged:

Apply for a secured credit card . A secured credit card allows you to deposit a certain amount of money that is used to make purchases. If you continue to make your payments on time, the bank might offer you a traditional, unsecured card down the road.
Make all of your payments on time . Paying all of your bills on time is a great way to improve your credit score.
Avoid applying for too many loans . Applying for several loans and credit cards can have a detrimental impact on your score. Instead, research loans and cards before applying to find the best deal.

Keep an eye on your credit score and look for any inaccuracies. If you find any, contact the credit bureau to have the charges disputed.

It Is Ok to Go on a Shopping Spree Before Filing for Chapter 7 Bankruptcy

If you're drowning in debt and planning to file chapter 7 bankruptcy in the future, why not have some fun and run up your credit cards? Unfortunately, this unwise financial choice can be devastating and might impact your ability to file for bankruptcy.

A judge and trustee will closely examine your spending habits before you file. If you were irresponsible with your spending or took on unnecessary debt before filing, the debt will often not be forgiven or may even cause you to lose out on the protection afforded by chapter 7 bankruptcy.

I Will Lose Everything If I File for Chapter 7 Bankruptcy

Many people believe that they will lose everything if they decide to file for chapter 7 bankruptcy. However, depending on where you live, certain exemptions will allow you to keep some of your property.

For example, the state of Alabama has a wildcard exemption that allows you to keep up to $7,500 in various types of personal property, meaning that if you have $7,500 in furniture or other personal property that you'd like to keep, it is possible if you use the wildcard exemption.

Filing for chapter 7 bankruptcy can be a confusing process. If you have any further questions about filing for Chapter 7 or Chapter 13 bankruptcy, contact the professionals at William C Poole, LLC .

Joining a Class Action Suit for Medical Devices or Medications

Fri, 20 Oct 2017 12:39:43 GMT

Have you been injured by a medical device or medication? If so, you may be seeking to file a lawsuit. If other people have been injured by the same medical device or medication, there may be a class action lawsuit. If you are considering joining, you may have questions about it. Here are a few of the frequently asked questions you may have about joining a class action suit for a medical device or medication.

How Do You Prove You Have Been Injured By a Medical Device or Medication?

In order to file a lawsuit for injuries sustained due to medical devices or medications, or to join a class action, you will have to prove that you were injured by the products. In many cases, this can be challenging.

You may have to seek treatment from a medical professional who will testify that you did not have any of the problems before using the medication or the product, and that the product could have caused the injuries you are claiming.

A great attorney can help guide you to the right medical specialists to substantiate your case.

What Are the Benefits to Suing as Part of a Class Action? If t

here is a class action suit that has already been filed for the medication or medical device that injured you, you have the option of joining the class action lawsuit or opting out and filing a claim on behalf of yourself. There are many benefits associated with filing as part of a class action.

One of the benefits to suing as part of a class action is that the burden of proof is often reduced. When you are filing an individual lawsuit, you have to be able to prove that you were injured by the product or medication. This can be challenging if you are the only affected person.

When you file as part of a class action, you have hundreds or thousands of other affected parties. It is harder to argue the medication or device didn't cause the injuries when injuries are similar.

Another benefit is that litigation costs are typically cheaper. The costs for the attorney and court filings are divided up among the class. This helps to decrease the litigation costs associated with the lawsuit. You may also receive a higher percentage of a settlement or award when you settle or receive an award as part of a class action lawsuit versus an individual lawsuit.

The last benefit to joining a class action is that the class has greater negotiating power. Class action lawsuits are often discussed in the media and affect hundreds or thousands of people. The bad publicity puts your class in a better position to settle and to receive compensation.

How Much Does it Cost to Join a Class Action Lawsuit?

If you have decided to join a class action lawsuit, rather than filing an individual case, you may wonder how much it costs. Class action lawyers work on a contingency basis, so they get a portion of the settlement awarded to the class rather than taking money directly from you.

If you are short on money, do not put off consulting with an attorney due to your lack of funds. Class action lawsuit attorneys do not charge you any money upfront or during the duration of the claim.

If you have been injured by a medical device or medication, you may want to seek representation to help you. Here at William C. Poole, LLC, we can help you determine if you have enough evidence to win a claim, whether a class action lawsuit has been filed for the device or medication that injured you and whether a class action or individual lawsuit is best in your situation.

Contact us today to schedule a free consultation.

Medication and Prescription Drug Malpractice: Frequently Asked Questions

Tue, 29 Aug 2017 12:34:44 GMT

It's estimated that nearly 1.5 million Americans are injured by a doctor or other health care professional's failure to meet a minimum standard of care. Medical malpractice is a serious issue, and you might associate this problem with surgical errors or medical misdiagnosis. However, what you might not realize is that many cases of medical malpractice relate to medication errors.

If you or a family member has suffered an injury or loss of life because of a medication error, chances are you have several questions. Here are a few questions you might have about medication error malpractice.

What Is Considered a Medication Error?

Unfortunately, medication errors are a common type of malpractice, and there are many types of errors that can result in a serious illness and even death. Here are a few types of prescription medication errors:

Not telling the patient about the potentially harmful side effects of a medication
Prescribing a medication that knowingly caused a drug interaction or allergic reaction
Placing the wrong label on the medication
Providing the patient with the wrong medication
Overprescribing or under prescribing the correct medication
Not taking the patient's previous medical history into account while prescribing a medication

Another common type of medication error is when the doctor will prescribe the correct medication for an inadequate period of time or too long of a period of time.

Can I Sue the Medication's Manufacturer?

If the doctor prescribed the correct medication and the correct dosage, a patient can still become ill. This will occur if the medication's manufacturer made an error while manufacturing the medication, distributing the medication or failing to provide a clear warning of the risks associated with taking the medication.

In cases where the drug's manufacturer is at fault, the case is no longer considered medical malpractice and will instead be a product liability claim. If you're having trouble understanding how to proceed with a product liability claim, don't hesitate to contact an attorney for further assistance.

How Will My Attorney Prove Negligence?

For you to successfully win a medication error malpractice suit, your attorney must prove that a health care professional was negligent, and this negligence clearly caused damage to the patient. The individual who is at fault depends on the type of medication error that occurred.

For example, if you were in the emergency room and the doctor prescribed an injectable medication, and the nurse administered the wrong dosage or even injected the correct medication in the wrong spot, this could be considered a medication error. In this case, your doctor or nurse would be negligent, and a lawsuit would be filed against these medical professionals.

However, there are other instances when a medication error malpractice lawsuit will be filed against another medical professional, such as a pharmacist. It is reasonable to expect your pharmacist to know your medical history, including the medications you are currently taking and your risk of allergic reactions and drug interactions.

If you are prescribed a medication and there is an interaction with your current medications or you suffer an allergic reaction, your attorney will often file a lawsuit against the pharmacist.

Whether your attorney is filing a medication error lawsuit because of a drug interaction or because you were administered the wrong medication, they must prove that the medical professional was at fault for the damage.

If you decide to file a lawsuit against a medical professional, it is critical that you understand the basics of medical error malpractice. Don't attempt to go through this process alone. When you are ready to seek the compensation you deserve, don't hesitate to contact the professionals at William C. Poole, LLC .

Securing Your Rights By Understanding Your Options - Your Rights In A Medical Device Lawsuit

Mon, 26 Jun 2017 12:08:01 GMT

If you've suffered an injury or illness that leaves you dependent upon a medical device, you might find yourself in a desperate situation if that device fails. Not only is the failure of a device likely to impede your recovery and current health, but it might cause even further health issues that leave you struggling.

Rather than just accepting this difficulty, it's important to protect your rights. Whether you're the first person to suffer a failure from your particular device or you're another in a long line of unfortunate victims, there might be legal options to pursue.

Below, you'll find a guide to some of the factors that may affect your rights in a medical device lawsuit. Keeping these variables in mind allows you to properly shape your expectations and helps you have the confidence to head down the path toward compensation and improved health.

Recall Compensation

Perhaps the best outcome for a medical device failure is that the manufacturer becomes aware of the defect and takes appropriate action to recall, replace or repair problematic devices. However, your time, health and overall discomfort are not without value, and even a company attempting to be proactive may still be responsible for providing you with some compensation. Make sure your interest in that compensation is properly shielded.

Hire an attorney and walk through the settlement options. A legal professional will help you determine whether or not it's worth it to pursue a recall claim.

In some cases, a recall may be an attempt to cut off more serious claims before they get started, so it might be a wise decision to hold out for a better deal. Some companies may tell you your compensation rights are waived by virtue of taking advantage of a recall, but your attorney can work to guarantee that's not the case.

Continuing Treatment

Malfunctioning medical devices may compound any of your existing medical issues. This leaves you scrambling for more treatment and puts you in a difficult financial situation if you previously assumed your problems were under control. If you're facing new or exacerbated health issues as the result of your device failure, work to receive appropriate compensation.

In many medical device lawsuits, your attorney may attempt to seek guarantees that your future medical treatment will be covered. While this may require additional medical examinations and specific questioning by both doctors and lawyers, it's a hassle that's worth dealing with if it can help maintain your long-term health.

Without your health, it may be impossible for you to get on with a happy and productive life. Don’t suffer the physical and financial consequences related to a failed medical device.

Class Actions

It's unlikely you're the only person who has suffered from your specific medical device failure. If you feel like you're alone, take the necessary steps to eliminate that feeling and secure your future through strength in numbers.

If there's an ongoing class action suit covering your medical device, your attorney can help you join that class and receive an equal settlement to the others who have been affected. If the class is still forming, your lawyer can make sure you're involved in the whole process and have every opportunity to secure your due compensation.

If you’re one of the first to take action regarding a medical device failure, stepping forward could empower others to do the same.

William C. Poole has the experience in medical device cases to guarantee that you have access to the best possible outcome for you and your family. Rather than feeling hesitant and insecure, embracing your legal protections allows you to feel relief and confidence that may be missing in your life.

Joining a Class-Action Lawsuit

Tue, 04 Apr 2017 11:59:08 GMT

You usually do not need to do anything to join a class-action lawsuit because you are automatically included in a lawsuit if you have legal interests. If anything, you can opt out, meaning you decline to participate. Read more about joining class-action lawsuits below.

Being Covered

You will know you are covered in a class-action lawsuit if you receive a class-action notice in the mail. Read the notice carefully, as it states that your legal rights may be affected by the lawsuit. It also provides details on whether residents of certain states are included as well as those who suffered particular types of financial or physical harm. There is no fee to join the lawsuit, and lawyers involved in the case only receive a fee if the result is favorable.

Taking Action

You will only need to do something once the lawsuit is settled. You may need to complete and submit a form online or by mail to receive any compensation. Some class actions require you to opt in; instructions are usually provided in the class-action notice on how to join the lawsuit. In some cases, you are required to file your own lawsuit if you were an injured victim because of a defective medical device or dangerous pharmaceutical item.

Class-action lawsuits require minimal action for you to receive your piece of the settlement. Contact William C. Poole, LLC to learn what you should know about joining a class-action lawsuit.

Returning to Court After the Divorce is Final: The Facts

Wed, 06 Mar 2002 13:54:15 GMT

After your divorce is final, you'll likely feel relieved and happy the process is over. A divorce typically ends months of anxiety, uncertainty, and frustration and signals a start to your new life.

Unfortunately, just because your divorce is final does not mean you have seen the last of court. In some instances, you may find yourself in divorce court after the finalization of your divorce. As frustrating as this may be, going back to court is necessary for some situations. Read on to learn more.

You Need a Change in Support

If you pay or receive child support or spousal support after your divorce, you may need to petition the court for a change in your payments at some point. Both spousal and child support have specific rules and terms in the divorce decree. However, changes in circumstances happen and may require a modification of the terms of your agreement.

For example, one of you may lose your job or become disabled and unable to work and therefore not capable of making the payments outlined in your divorce decree. You can go back to court to request a modification in the amount you must pay. The modification can be permanent or temporary based on your individual circumstances.

The judge may choose to change the amount of support in your current arrangement. To do this, he or she uses a specific formula to determine the new amounts.

Another option specifically for child support is to reconfigure your custody arrangements. If you are the paying parent and cannot make your payments, the judge may choose to change your custody to 50-50, which generally does not require any child support payments. The final decision depends on the best needs of the situation at hand.

You Need to Enforce Aspects of Your Divorce Decree

The final divorce decree outlines all the decisions and terms of your divorce. This includes how you divide your assets, who pays your debts, how you will handle the marital home, and so on. Each of you will have responsibilities to ensure the important tasks of marriage dissolution are carried out.

Unfortunately, your spouse may not move forward on his or her part of the agreement. The failure to take care of important tasks to finalize your legal connection to each other causes a variety of problems. For example, if you agree in your decree to sell your home and divide the equity and your spouse does not show up to sign the necessary paperwork, this can cause you hardship.

Your former spouse has obligations to follow through with the terms of your divorce decree. If he or she fails to do so, you can take your former spouse back to court to have the decree enforced. The judge will listen to your claim. If he or she agrees your former spouse is not complying with the decree, legal implications are possible unless he or she abides by the decree.

You or Your Former Spouse Is in Contempt

When a former spouse chooses to defy the decree despite going to court for enforcement, he or she can be held in contempt. This occurs when the former spouse willfully defies some or all of your divorce decree, which is an order of the court. The person in contempt has to return to court to face punishment.

Punishment for contempt of court in Alabama depends on a variety of factors. The circumstances of the defiance of the decree determine the final outcome. Some possible punishments include forfeiture of assets, fines, time in jail, or whatever punishment the judge decides to hand down.

If you have any questions about a divorce decree or you need help with other family law matters, please contact William C. Poole, LLC .