Shelton & Shelton Attorneys at Law Shelton & Shelton Attorneys at Law 2026-06-08T15:43:23Z https://www.gregsheltonlaw.com/feed/atom/ WordPress /wp-content/uploads/sites/1103803/2024/05/cropped-site-icon-32x32.png On Behalf of Shelton & Shelton <![CDATA[Wrongful death claims explained: What families need to know]]> https://www.gregsheltonlaw.com/?p=255867 2026-06-08T15:43:23Z 2026-06-08T15:43:23Z Who can file a wrongful death claim? Alabama has specific rules about who can bring a wrongful death lawsuit. Under state law, only the personal representative of the deceased individual’s estate can file the claim. This representative acts on behalf of certain family members who may receive compensation. The personal representative is typically appointed through probate court proceedings. If your loved one left a will, the executor named in that document usually serves in this role. If no will exists, the court will appoint an administrator based on Alabama's priority system. Any damages recovered are distributed according to state intestate succession laws. This means the distribution follows a specific order:
  • The surviving spouse and children divide the funds if both exist
  • The deceased’s children receive everything if no spouse survives
  • The deceased’s parents, if no spouse or children survive
  • Other relatives inherit if none of the above exist
If the deceased was a minor under age 19, a separate state rule gives the mother or father the direct right to file a claim within the first six months. Understanding this legal framework can help you identify who can pursue justice on behalf of your loved one.

What damages can families recover?

Alabama has a unique approach to wrongful death damages. Unlike most states, the state does not allow families to recover compensatory damages such as medical expenses, funeral costs or the deceased's pain and suffering. Instead, the law focuses on punishing the wrongdoer's conduct. You may recover punitive damages based on the defendant's degree of fault, negligence or wrongful behavior. The amount depends on factors such as the severity and circumstances of the defendant's conduct. These damages apply even when the defendant's actions involved ordinary negligence. You do not need to prove reckless or intentional conduct. These damages serve to hold wrongdoers accountable and deter similar conduct in the future.

How long do you have to file?

Alabama imposes strict deadlines for filing wrongful death claims. Under state law, you have two years from the date your loved one died to file your lawsuit. Missing this deadline may limit your ability to seek compensation. Some exceptions exist, but they apply only in very specific circumstances. For example, if the wrongful death involved fraud or concealment, the timeline may differ. However, you should not rely on these exceptions to delay your filing. Taking prompt action protects your legal rights. While two years may seem like a long time, gathering evidence and preparing a wrongful death claim takes effort and attention.

Moving forward after loss

The loss of a family member leaves an emptiness that nothing can fill. Seeking justice through the legal system can bring closure and ensure that wrongdoers face consequences for the harm they caused. This not only honors your loved one's memory but may help prevent similar tragedies from affecting other families in the future.]]> On Behalf of Shelton & Shelton <![CDATA[5 steps to take after a car accident in Alabama]]> https://www.gregsheltonlaw.com/?p=255862 2026-03-06T01:45:19Z 2026-03-06T01:35:21Z Remain at the scene and call 911 After the incident, car crash victims must assess themselves for any signs of injuries or head trauma. They must also call 911 to ask for urgent help and receive first aid treatment from the paramedics. It is important to remember that all parties involved must stay at the scene until law enforcement arrives to investigate the accident.

Inform the police

In Alabama, individuals must call the police if the crash has caused an injury, death or over $250 in property damage. Alternatively, if the property damage amounts to more than $500 and is caused by an uninsured party, they must file a separate accident claim form with the Alabama Law Enforcement Agency (ALEA).

Collect evidence of the crash

After cooperating with the police and exchanging contact information, plate number and insurance details with the other driver, car crash victims must gather proof of their accident. Four examples include photo and video evidence, dashcam footage and witness statements.

Seek medical care

Even if the injuries may seem minor, car crash victims must not neglect their conditions by delaying their medical treatment. This not only risks their health but also affects their personal injury claims process. For example, they waited a week before going to the doctor. Their insurance provider may doubt their claim’s validity by arguing that their injuries were not from the accident.

Consult with a lawyer

Since Alabama follows the contributory negligence principle, filing claims for car accidents can become challenging to pursue on one’s own. This is because under this tort rule, a plaintiff can only file a claim against the other party if they can prove that they were 100% at-fault for the crash. To help ensure an ideal outcome, it is important to seek the support of a lawyer who can assess the details of the accident, gather evidence and deal with the insurance companies.

By taking these steps, victims can handle their claims more efficiently

While not all car crashes cause injuries or property damage, those who experience them must practice measures that can safeguard their rights and minimize the risks of any legal consequences.]]> On Behalf of Shelton & Shelton <![CDATA[What is a ‘Fair’ Settlement? Understanding What Your Personal Injury Claim is Really Worth]]> https://www.gregsheltonlaw.com/?p=255860 2026-01-07T21:06:48Z 2026-01-07T21:06:48Z A fair personal injury settlement matters because it affects whether you are financially protected after an accident. In Alabama, fairness depends on whether the settlement reflects all your losses and the legal rules that control injury claims.

What “fair” means in an Alabama injury case

A fair settlement is not a preset dollar amount. It is a case-specific evaluation based on your injuries, evidence and Alabama law. The goal is to compensate you for the harm you suffered, not to accept the fastest offer.

Damages a fair settlement should include

A fair settlement usually covers both your out-of-pocket costs and the personal impact of the injury. Each type of loss needs proof. A fair settlement should include economic damages, which are the financial losses you can document:
  • Medical expenses: ER visits, doctor appointments, therapy, medication and future care you may need.
  • Lost income: Pay you missed while recovering and reduced ability to earn money if you cannot return to the same work.
  • Property damage: The cost to repair or replace damaged property.
These damages are the starting point for most claims. Medical records, bills and work documents are used to show their value. If future costs are left out, the settlement may not fully cover what the injury will cost you. A fair settlement should also include non-economic damages. These address how the injury has affected your life:
  • Pain and suffering: Ongoing pain or physical limits.
  • Emotional distress: Stress, anxiety, depression or trauma.
  • Loss of enjoyment of life: Not being able to do activities you enjoyed before the accident.
These losses are harder to measure. Insurance companies often use formulas but fairness depends on how much the injury has changed your daily life.

Why evidence and timing matter in Alabama

Evidence is especially important in Alabama because you must clearly prove the other party was at fault. Medical records, accident reports, photos and witness statements often decide whether a claim succeeds. Timing also matters. Alabama law limits how long you have to take legal action. Under Alabama Code § 6-2-38, most personal injury lawsuits must be filed within two years of the injury. If you miss that deadline, you may lose your right to compensation even if the other party was clearly at fault.

Further steps to clarify settlement value

It can be hard to tell whether a settlement offer is truly fair, especially when insurance companies control the process. A personal injury attorney can review your losses, explain liability risks, and help you understand how Alabama law applies to your situation. This can help you see whether a settlement covers everything you have lost or leaves important gaps.]]> On Behalf of Shelton & Shelton <![CDATA[Why evidence is everything in Alabama injury cases]]> https://www.gregsheltonlaw.com/?p=255857 2025-11-19T15:34:40Z 2025-11-19T15:34:40Z Proving negligence under Alabama law Insurance providers require evidence in injury cases. This requirement ensures fair proceedings and allows you to clearly outline the at-fault party’s negligence. To prove negligence, your evidence must establish these four critical elements:
  • The other party owes you a duty of care, such as driving safely.
  • The other party breaches their duty by failing to follow traffic laws.
  • The other party’s breach of duty directly causes your injuries.
  • You suffer physical, mental and financial damages due to your injuries.
Furthermore, your evidence must demonstrate that the at-fault party is solely responsible for the vehicle accident. If insurance companies or courts find you at fault, even by 1%, you cannot recover compensation for your damages.

Outlining the essential evidence you must collect

Gathering these items as proof can help you support your personal injury case:
  • An official copy of the police report on the accident
  • Medical documents, bills and physician notes
  • Pay stubs
  • A letter from your employer
  • Photographs and videos from the accident scene
  • Witness statements
It is important to note that the legal burden of proof rests with you, meaning you are responsible for providing substantial evidence.

Navigating a difficult situation with help

Personal injury cases in Alabama have high stakes, especially with the state’s stringent rule of contributory negligence. Navigating this alone can be overwhelming, but you do not have to face this by yourself. Seeking legal counsel can offer guidance on presenting your evidence and insights into your rights.]]> On Behalf of Shelton & Shelton <![CDATA[Why proper compensation matters in car accidents]]> https://www.gregsheltonlaw.com/?p=255855 2025-09-15T07:10:23Z 2025-09-15T07:10:23Z Battling physical and mental scars Physical injuries are the immediate results of car accidents. In Alabama, victims suffer from severe injuries, including:
  • Traumatic brain injuries
  • Severe burns
  • Visceral injuries
  • Limb losses
  • Spinal cord injuries
Unfortunately, the traumatic event can also leave hidden scars. Car accident victims may develop mental health conditions such as night terrors, severe anxiety, depression and phobias. These may emerge weeks, months or years after the incident, potentially lowering your quality of life. When these damages are combined, the gravity of your pain and suffering may be unbearable.

Defining the ongoing costs of car accidents

In addition to your injuries, you must also contend with the financial burden that car accidents bring. These costs include vehicle repairs and medical bills from immediate operations and treatments. It is also possible to accumulate extra expenses to compensate for physical therapy sessions, home medical equipment and mental assistance.

Seeking fair compensation to pay for damages

Losing income due to an accident can happen. While you may have savings, these may not be enough to cover all costs. Despite this, it is possible to recover financial compensation by filing a claim with the at fault party’s insurance provider. You may also file a lawsuit directly against the responsible party. These legal options can offer financial relief for the damages you have sustained, including lost wages and long-term expenses. However, managing damage claims alone can be an intimidating process. Making mistakes could leave you with less than the amount you deserve, which puts you at a great disadvantage. A personal injury attorney can help you find ways to recover from your suffering.]]> On Behalf of Shelton & Shelton <![CDATA[Understanding Alabama’s hands-free driving law]]> https://www.gregsheltonlaw.com/?p=255853 2025-07-23T20:28:59Z 2025-07-23T20:28:59Z With the rise of modern digital distractions also comes the rapid decline in people’s ability to focus on their tasks and daily activities. As a driver, it is important to know what Alabama’s hands-free law is about and what safety precautions can be taken into account to avoid getting into an accident.

What is Alabama’s hand-free law?

Any action that takes away the driver’s full attention on the wheel is a form of distracted driving. This includes texting, talking, sending emails or watching videos on phones and other electronic devices.  To help lower the cases of distracted driving accidents and fatalities in Alabama, an amended hands-free driving law took effect on June 14, 2024. Under this law, holding a telecommunication device while driving in Alabama will be considered as a primary offense.

Are the exceptions?

Drivers can use their device for important matters and only with wireless or voice-operated controls. For example, you can still use your phone for GPS or navigational purposes if your destination has been pre-programmed before you begin your journey. You can also use your phone if you need to contact law enforcement or if you need assistance with any health-related emergencies. However, you must first park safely on the shoulder of a highway, road or street before placing a call.

Safe, distraction-free driving is the way to go

Practicing safe, hands-free driving does not have to be complicated. You can use a Bluetooth headset to answer important or urgent calls, mount your phone to your dashboard to easily access your device’s voice-activated features or put your phone on do not disturb mode. By reducing digital distractions and being more aware of your surroundings, you can focus on driving with caution on the road.]]> On Behalf of Shelton & Shelton <![CDATA[The dangers of whiplash: Why seeking medical attention is crucial]]> https://www.gregsheltonlaw.com/?p=255846 2025-05-08T09:48:09Z 2025-05-08T09:48:09Z Your head snaps backward then forward in a split second. You might not feel much right away, but by the next day, your neck could be stiff and painful. This is whiplash—a common injury that affects thousands of people each year. Understanding whiplash can help you recognize it, treat it properly, and prevent lasting problems.

What exactly happens to your neck

Your neck contains seven small bones (vertebrae) stacked on top of each other, connected by discs, ligaments and muscles. This structure allows you to move your head while protecting your spinal cord. When whiplash occurs, these parts of your neck are stretched beyond their normal range. Think of your neck muscles like rubber bands; if stretched too far too quickly, they don’t snap back easily. The sudden movement strains these tissues, causing tiny tears and inflammation. In response, your body tightens the muscles to protect them, leading to stiffness and pain. You might feel fine immediately after the incident. This is because your body releases adrenaline during stressful events, which can temporarily mask pain, but then the real discomfort appears hours or even days later as inflammation builds.

How you might get whiplash

The most common cause of whiplash is car accidents, especially rear-end collisions. When another vehicle hits yours from behind, your body moves forward while your head lags behind, then quickly snaps forward. Even low-speed crashes at 10–15 mph can cause whiplash. Sports like football, hockey, and snowboarding also pose a risk. Any activity involving sudden impacts or falls can jerk your neck in that harmful whip-like motion. Even amusement park rides with abrupt starts and stops might cause mild whiplash in some people.

Signs you might have whiplash

After a neck-jerking incident, watch for these symptoms:
  • Neck pain and stiffness that worsens over 24–48 hours
  • Headaches, especially at the base of your skull
  • Shoulder and upper back pain
  • Limited range of motion in your neck
  • Dizziness or feeling unsteady
  • Blurred vision or ringing in your ears
  • Trouble concentrating or remembering things
  • Tiredness or irritability
  • Sleep problems
If you experience any of these symptoms after an accident or fall, your body is signaling that something is wrong. Don’t ignore these warning signs.

What you should do if you think you have whiplash

See a doctor right away if you have severe pain, numbness or weakness in your arms, or if you can’t move your head normally. These could indicate more serious issues. Your doctor may examine how you move your neck and test your reflexes and strength. Sometimes they’ll order X-rays or an MRI to rule out fractures or other damage, although whiplash often doesn’t appear on these tests. At home, apply ice during the first 24-48 hours (20 minutes on, 20 minutes off) to reduce swelling. After that, gentle heat can help relax tight muscles. Over-the-counter pain relievers like ibuprofen can also reduce inflammation and discomfort. Don’t immobilize your neck completely. While you should avoid painful movements, gentle motion helps with recovery. Your doctor may recommend specific exercises or physical therapy to strengthen your neck and restore movement. Most whiplash cases improve within a few weeks with proper care. Some people recover in days, while others might need a month or more. A small percentage develop chronic pain requiring further treatment.

How you can protect yourself

You can reduce your risk of whiplash by:
  • Adjusting your car’s headrest so it sits directly behind your head, not your neck
  • Maintaining good posture to support neck strength
  • Wearing proper protective gear during sports
  • Strengthening your neck with simple exercises
If you’re in an accident,even a minor one, get checked by a doctor if you notice any symptoms. Early treatment can prevent many long-term issues.  Remember, whiplash is a real injury that deserves proper attention. With the right care, most people recover fully and return to their normal activities without lasting effects. More importantly, be extra careful and avoid causing injury or getting injured whenever you are outside. ]]> On Behalf of Shelton & Shelton <![CDATA[The impact of social media on your personal injury claim]]> https://www.gregsheltonlaw.com/?p=255843 2025-04-03T15:14:52Z 2025-04-10T15:13:24Z Social media platforms have become an everyday part of life for most Americans seeking to stay connected with friends and family. What many people don't realize is how these innocent posts can seriously undermine a personal injury case after an accident. Insurance companies now routinely search through claimants' online profiles looking for evidence to reduce or deny compensation. Your Facebook photos, Instagram check-ins and Twitter comments might seem harmless but could cost you thousands in lost settlement money if they contradict your injury claims.

How social media can damage your case

What you share online can put you at risk in ways you might not expect. Consider these common social media pitfalls:
  • Photos showing activity: Pictures of you being physically active can suggest your injuries are not as severe as you say, even if you took the photo before your accident or during a rare "good day."
  • Location check-ins: Tagging yourself at a concert, gym or vacation spot may contradict claims about limited mobility or ongoing pain.
  • Discussing your case: Comments about your accident, injuries or legal proceedings can end up twisted to challenge your credibility.
  • Emotional posts: Adjusters might use happy and positive online posts to argue you are not in emotional distress, no matter how complex your situation is.
Insurance adjusters and defense attorneys sometimes search for such content. They could even take it out of context to minimize your claim's value.

Protecting yourself online during a claim

After an injury, taking precautions with your social media presence can help keep your legal rights intact. These tips can help protect the outcome of a personal injury claim:
  • Increase privacy settings
  • Decline new friend requests
  • Avoid posting about your accident
  • Ask friends not to tag you
  • Consider temporarily deactivating accounts
Remember that even with privacy settings, Alabama courts can order access to your social media under Rule 26 of the state’s civil procedures if it's relevant to your case. Managing a personal injury claim requires close attention to key details, like your digital footprint. You deserve fair compensation for injuries caused by someone else's negligence. By thinking before you click, you can safeguard your right to recovery.]]> On Behalf of Shelton & Shelton <![CDATA[Understanding personal injury claims: Your rights and options]]> https://www.gregsheltonlaw.com/?p=255841 2025-04-03T15:15:52Z 2025-04-07T14:45:20Z Accidents happen when people least expect them, often leaving behind a trail of medical bills, missed paychecks and emotional suffering. Alabama residents hurt because of someone else's careless behavior have legal protections worth knowing about. You might find yourself buried under insurance forms and doctor appointments while also worrying about how to pay your bills during recovery. Getting familiar with your legal options now can make a huge difference if you're ever injured through no fault of your own.

What makes a valid injury claim

Figuring out if you have a case starts with understanding some basics about personal injury law in Alabama. Consider these common legal grounds for claims:
  • Negligence: Someone did not take proper care or precautions, and you were injured as a result—like a driver texting instead of watching the road.
  • Intentional harm: When another person deliberately causes your injury, such as in a physical altercation or attack.
  • Strict liability: Cases where someone might be responsible even without direct fault, often involving defective products.
  • Medical mistakes: When doctors or nurses provide care below acceptable standards and cause harm.
Your specific situation—whether it's a fender-bender, a fall at the grocery store, or an on-the-job accident—can shape what legal paths you can take and what compensation might be available to you.

Understanding what you might recover

Once you have determined you have a valid claim, you should know what kind of help you might receive. Most injury victims can seek money for:
  • Medical costs
  • Missed paychecks
  • Damaged property
  • Physical suffering
  • Mental distress
Alabama is a contributory negligence state. This means that if a court find you even slightly at fault for what happened, you might lose your chance at compensation. This makes having strong legal help crucial  if you suffer an injury in Alabama. Filing an injury claim involves meeting strict deadlines and navigating complicated legal rules that change depending on how the accident affected you. You should not have to shoulder financial burdens when someone else's carelessness causes you harm, but getting fair treatment often requires help during an already challenging time.]]> On Behalf of Shelton & Shelton <![CDATA[The first 72 hours: Critical documentation steps after an injury]]> https://www.gregsheltonlaw.com/?p=255838 2025-04-03T11:12:35Z 2025-04-03T11:12:35Z Seek medical attention immediately Your health comes first. Even if injuries seem minor, have a medical professional evaluate you right away. Some serious conditions, like internal organ injuries, do not show symptoms immediately. Moreover, seeking medical help creates an official record connecting your injuries to the accident – a cornerstone of any successful claim.

Capture the scene

Before evidence disappears, document everything:
  • Take photos of the accident scene from multiple angles
  • Photograph visible injuries before treatment begins
  • Preserve damaged clothing or personal items in plastic bags
  • Record names and contact information of witnesses
  • Note weather conditions, time of day, and any hazards present
These details may seem minor now but can become critical evidence as your case develops.

Start your injury journal

Begin tracking your experience immediately while details remain fresh. Write down exactly how the accident happened in your own words. Document pain levels (from a scale of one to ten) throughout each day and record medication needs and side effects. Make note of sleep disruptions and how the injury limits your daily activities. Keep a log of all medical appointments and conversations with your healthcare providers.

Notify necessary parties

Report the incident properly by filing accident reports with police or property owners. Contact your insurance company about what happened but avoid giving recorded statements without legal guidance. Be cautious about early settlement offers that may not account for the full extent of your injuries.

Be careful what you share

In today's connected world, what you post matters. Avoid discussing your accident on social media and do not share photos or updates about your recent activities. Insurance companies often review online accounts looking for information they can use to minimize your claim.

Getting the support you deserve

The documentation you gather in these critical first 72 hours after your accident can significantly impact your ability to recover fair compensation. While you focus on healing, talking with a personal injury attorney can help protect your rights and strengthen your claim. A compassionate legal advocate can manage the complex details while you concentrate on what matters most – your recovery.]]>