Attorneys | LGWM Law Firm

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Contact

(205) 967-8822

ATTORNEY BIO

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880 Montclair Road Suite 100 Birmingham, AL 35213

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(205) 967-8822

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(205) 402-4054

Assistant

Carla Smith

Legal Assistant

csmith@lgwmlaw.com

Practice Areas:

General Liability

Insurance Fraud/Special Investigations

Worker's Compensation

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Daniel R. Pickett

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Dan Pickett practices in LGWM's General Liability and Workers Compensation Practice Groups. Dan's practice focuses on litigation defense of product defect, premises liability, and personal injury claims. Dan also devotes a significant part of his practice to defending automobile liability claims. Additionally, Dan works with insurance carriers in making coverage determinations and conducting special investigations of potentially fraudulent claims.

Dan also defends workers’ compensation claims, as well as ancillary claims of retaliatory discharge, outrage, bad faith, and other tort claims that may arise out of claims for workers’ compensation benefits. Dan has a broad range of experience in representing municipalities, public officials, and general contractors in complex litigation in state and federal courts for the past 18 years.

Dan is an active member of Mountain Brook Baptist Church where he is a Deacon and teaches Sunday school.

Professional Profile

Member, Alabama State Bar
Birmingham Bar Association (Member, Scholarship and Entertainment Committees)
Registered Mediator with Alabama Center for Dispute Resolution.
Mr. Pickett was selected as Top Attorneys-Alabama Outstanding Young Lawyers 2012 and Alabama's Super Lawyers-Rising Stars 2012-2018 in the area of civil litigation defense.
Rated AV Preeminent™ by the Martindale-Hubbell Bar Register of Preeminent Lawyers

Admitted

All Alabama State Courts
United States Court of Appeals for the Eleventh Circuit
United States District Courts for Northern and Middle Districts of Alabama

Education

Wake Forest University, B.A. in Political Science (1998)

Cumberland School of Law, Samford University, J.D. (2001)
- Member, Henry Upson Simms Moot Court Board
- Member, Phi Kappa Phi, legal scholarship fraternity

CASES OF NOTE

Defended a local non-profit organization, at trial against Plaintiff’s worker’s compensation claim. Plaintiff had undergone a multilevel back fusion and been assigned a 15% impairment rating by her physician. Plaintiff claimed she was permanently and totally disabled; however, following the trial, the Court found that Plaintiff only had a 25% vocational impairment. Mr. Pickett’s efforts were successful in minimizing plaintiff’s recovery in this case.
Represented a Home Care agency in this worker’s compensation case and was able to demonstrate that plaintiff’s alleged injuries were minimal and possibly due to other employment which resulted in a favorable settlement of this case.
Defended a driver in this motor vehicle accident case in which plaintiff asserted negligence and wantonness claims as a result of an accident that occurred in Bessemer, Alabama. After conducting discovery, Mr. Pickett succeeded in obtaining an order of dismissal from the trial court.
Defended an Insurance Company against plaintiffs’ claims for uninsured/underinsured motorist coverage arising from an automobile accident that occurred in Walker County. Mr. Pickett was successful on a motion to dismiss, which resulted in the dismissal of the claims against his client.
Represented a driver in an automobile accident in which it was alleged that the driver caused the death of two minors and injuries to two other occupants of a vehicle in Tuscaloosa County and was able to reach a successful resolution of the claim after discovery.
Represented a coal mining firm, in a mining and blasting case which initially involved 33 plaintiffs and 21 properties. Dan Pickett was successful in reducing the case to 20 plaintiffs and 13 properties, thereby minimizing the exposure of our client.
Defended a local Alabama city and several city officials against plaintiffs’ Fourth Amendment unlawful arrest and other related claims which focused on the operation of its municipal court. After succeeding in obtaining dismissal of several of plaintiffs’ claims, Mr. Pickett was able to resolve this case.
Defended a local Alabama city and numerous city officials against plaintiff’s 14th Amendment due process claim and related state law claims regarding the operation of the city’s municipal court. Mr. Pickett was successful in have all of plaintiff’s claims against the mayor, municipal court judge, city prosecutor and chief of police dismissed.
Defended a distributor of an aircraft maintenance device, against plaintiff’s product defect and wrongful death claims based on an accident that resulted in the death of an aircraft mechanic.
Represented a franchisee of a nationwide restaurant, in a slip and fall case wherein the plaintiff alleged she fell on water located on the floor of a restroom. Mr. Pickett was successful in obtaining summary judgment for the restaurant based on its lack of notice and the open and obviousness of the water.

REPORTED CASES

Cole v. City of Tarrant, No. 2:14-CV-1737-VEH, 2014 WL 6453910 (N.D. Ala. Nov. 17, 2014).
Ray v. Judicial Corr. Servs., Inc., No. 2:12-CV-02819-RDP, 2014 WL 5090723 (N.D. Ala. Oct. 9, 2014).
Higginbotham v. Judicial Correction Servs., Inc., No. CV-13-BE-740-S, 2014 WL 507448 (N.D. Ala. Feb. 6, 2014).
Holloway v. Water Works & Sewer Bd. of Town of Vernon, 24 F. Supp. 3d 1112 (N.D. Ala. 2014).
Batton v. City of Jasper, Ala., 354 F. App'x 400 (11th Cir. 2009).
Johnson v. City of Clanton, Alabama, No. 2:04-CV-117-F(WO), 2005 WL 1618557 (M.D. Ala. July 7, 2005).
Kashuba v. City of Adamsville, No. CV 01-B-0067-S, 2002 WL 34365242 (N.D. Ala. Sept. 10, 2002).

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