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Baxley Maniscalco Family, Injury, & Probate Attorneys

Comparative Negligence vs. Contributory Negligence in Personal Injury Law

June 20, 2025

When a pedestrian struck by a distracted driver was denied compensation because they were jaywalking, the harsh reality of contributory negligence became clear.  Alabama remains one of only four states where even 1% fault can completely bar injury victims from recovery, while most states have adopted more balanced comparative negligence systems that allow partial compensation…

Kronospan Hit with $80,000 Fine for Air Quality Violations: What Calhoun County Residents Should Know

June 13, 2025

Kronospan has officially agreed to the fines. For more information about the case, see the consent decree that Kronospan signed accepting the fines below. As of this writing, Kronospan has not issued a public statement regarding the violations or the proposed penalty. If you live near Eastaboga, you might want to know about a recent…

Can You File Both Workers’ Compensation and Personal Injury Claims After a Workplace Accident in Alabama?

June 6, 2025

When workplace accidents involve multiple employers or third parties, injured workers often wonder about their legal options.  A recent case involving a staffing agency employee injured by equipment operated by a client company’s employee highlights the complex interplay between workers’ compensation and personal injury claims in Alabama. Understanding these distinctions can mean the difference between…

Last Will and Testament in Alabama

June 6, 2025

Nearly 70% of Americans die without a valid will, leaving Alabama courts to decide who inherits their assets, who raises their children, and how their final wishes are honored.  In Alabama, dying without a will means state intestacy laws—not your personal choices—determine everything from your home’s ownership to your children’s guardianship. Understanding Alabama Will Requirements…

Can I Sell My Deceased Parents House Without Probate in Alabama?

June 6, 2025

Every year, thousands of Alabama families face an unexpected challenge: their inherited property sits in legal limbo while they navigate complex estate laws and mounting expenses.  The good news? Alabama offers several legitimate paths to transfer property ownership without the lengthy probate process, potentially saving families months of waiting and thousands in legal fees. Understanding…

How to File for Divorce in Alabama

June 6, 2025

Alabama ranks among the top five states for divorce rates, with 3.6 divorces per 1,000 residents annually, reflecting the reality that many Alabama couples face the difficult decision to end their marriages.  When that time comes, understanding the proper legal process for filing for divorce becomes essential for protecting your rights and ensuring a smooth…

What Is the Downside to a Living Trust?

June 6, 2025

Despite overwhelming marketing claims about living trusts being perfect estate planning solutions, only 13% of Americans actually have one, compared to 24% who have wills.  This dramatic preference gap reveals an important truth: living trusts come with significant disadvantages that many people discover only after considering their specific circumstances and needs. In Alabama, where probate…

How Much Is Pain and Suffering Worth?

June 6, 2025

Across the United States, pain and suffering settlement averages vary. A minor soft tissue injury might settle for $1,000, while catastrophic injuries resulting in permanent disability can command settlements exceeding hundreds of thousands of dollars. In Alabama, determining the worth of pain and suffering damages requires understanding the state’s unique legal landscape, including its strict…

Average Uninsured Motorist Settlement in Alabama

June 6, 2025

According to the Insurance Information Institute, nearly 20% of Alabama drivers operate vehicles without insurance coverage, making Alabama the seventh-worst state in the nation for uninsured motorists.  When you’re involved in a car accident with one of these drivers, the financial consequences can be devastating—especially when medical bills pile up and the at-fault driver has…

Do You Need a Will in Alabama?

June 6, 2025

Nearly 76% of Americans lack a will, leaving their families vulnerable to costly legal battles and state-controlled asset distribution.  In Alabama, dying without a will means your property gets divided according to rigid state formulas that may completely contradict your wishes, potentially leaving your spouse with only half your estate while the other half goes…

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