J. Brian Duncan, Jr.
  • Fellow, International Society of Barristers
  • Listed in Best Lawyers in America®
  • AV® Preeminent™ Rating by Martindale Hubbell
J. Brian Duncan Jr. Photo

J. Brian Duncan Jr.

Attorney

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Bio

Brian has been described by his peers as an “exceptionally talented top-tier lawyer,” who is “tenacious,” “hard-working,” and “conscientious.” Brian cares deeply for his clients, and he is devoted to helping them through some of the most difficult times imaginable — the loss of a loved one or coping with the new realities that accompany life-altering personal injuries.

Brian has handled a wide range of cases including business fraud, personal injuries, wrongful death, industrial accidents, defective products, trucking accidents, and other cases involving serious wrongdoing. Brian has, however, developed a particular expertise representing clients who suffered injury due to medical negligence from a doctor, hospital, or other healthcare provider. Brian has handled all types of medical cases involving injuries and deaths caused by negligent care in areas such as hospital administration, surgical errors, medication errors, anesthesia errors, missed or delayed diagnosis, pathology errors, radiology errors, lab errors, nursing errors, emergency room injuries, pharmacy errors, and defective medical products.

Most recently, Brian obtained a record setting $35 million dollar verdict in a medical negligence case against Springhill Medical Center for causing the death of a patient by administering him a massive overdose of IV pain medication and failing to appropriately monitor him. The verdict is the largest medical malpractice verdict in Mobile County, Alabama history.

Brian is very selective about the medical cases he accepts agreeing only to represent clients that have suffered from the most egregious medical errors resulting in catastrophic injuries or death. Brian also believes that it is important to limit the number of cases he handles so that he can give each client’s case the full attention that it deserves.

Brian’s results speak for themselves and have earned him continued recognition by his peers as well as numerous legal organizations and publications. Brian has recovered tens-of-millions for his clients. Some of those results include:

  • $140 million jury verdict for the wrongful death of a woman caused by a medical record transcription error and hospital negligence
  • $35 million jury verdict for wrongful death caused by medical negligence at Springhill Medical Center
  • $15 million jury verdict for the wrongful death of a woman who died in the hospital recovery room after she was administered an overdose of propofol (anesthesia drug) by an incompetent nurse
  • $8.25 million settlement in a products liability case involving a hand-held power tool
  • $7 million settlement in a products liability case
  • $6 million settlement in a medical malpractice case
  • $5.9 million settlement arising out of the death of a construction worker
  • $4.2 million settlement in a products liability case
  • $4 million settlement in a medical malpractice case
  • $3.75 million settlement in a medical malpractice case
  • $3.4 million settlement in a medical malpractice case
  • $3.25 million settlement in a medical malpractice case
  • $2.8 million settlement in a Federal Tort Claim case arising out of a motorcycle accident
  • $2.4 million jury verdict against Farmers Insurance for fraudulent representations made to a local insurance agent
  • $2.2 million settlement in a tractor-trailer accident case
  • $1-3 million settlements in numerous medical malpractice cases
  • $1.79 million jury verdict on behalf of a woman who fractured her hip and femur when she fell at a restaurant

Brian also has appellate experience and has successfully argued before the Supreme Court of Alabama. His cases have often been reported in local and national news publications. In 2017, Brian was interviewed on PBS NewsHour about one of his cases that involved a highly dangerous power tool that seriously injured dozens of shipyard workers.

From 2012 – 2020, Brian served on the Board of Governors for the American Association for Justice as one of only three representatives from Alabama. He is a member of the Alabama Association for Justice, the South Alabama Trial Lawyers Association, and the Texas Trial Lawyers Association. Brian is licensed to practice law in Alabama and Texas.

Brian, his wife, Breana, and their four children reside in Fairhope. When not practicing law, he enjoys spending time with his family and engaging in all types of physical fitness and outdoor activities. Brian and his family are members of First Baptist Church Fairhope.

Recognition & Awards

  • Fellow, International Society of Barristers
  • Listed in Best Lawyers in America® (2020-2023)
  • AV® Preeminent™ Peer Rating
  • Fellow, Litigation Counsel of America
  • Fellow, American Bar Foundation
  • Recognized as one of Mobile's "Forty Under 40" (2013)
  • Listed in Super Lawyers magazine as an Alabama / Mid-South Region Rising Star (2011, 2012, 2014-2019)
  • Listed as a Rising Star in the area of Medical Malpractice by Super Lawyers
  • Listed as a Top Rated Personal Injury Attorney by Super Lawyers
  • $140 Million Verdict for Wrongful Death of a Patient
  • $35 Million Verdict for Death After Thumb Surgery
  • $15 Million Verdict in Medical Malpractice Lawsuit
  • $8.25 Million Settlement for Shipyard Workers
  • $7.5 Million Settlement for Family of Motorcyclist Killed in Crash by Delivery Driver
  • $6 Million Settlement in Medical Malpractice Lawsuit
  • $2.4 Million Verdict Against Farmers Insurance For Fraud
  • $2.2 Million Tractor-Trailer Driver Injured in Collision
  • $1.79 Million Slip & Fall Injury in Restaurant
  • Admitted to the Alabama Bar in 2008
  • Admitted to the Texas Bar in 2018
  • Cumberland School of Law, J.D., cum laude, 2008
  • Texas Tech University, B.A., 2002
  • Member of the American Association for Justice (Board of Governors, 2012 – 2020)
  • Member of the Alabama Association for Justice
  • Member of the Mobile Bar Association
  • Member of the South Alabama Trial Lawyers Association
  • Member of the Texas Trial Lawyers Association
  • Fellow of the American Bar Association
  • Fellow of the Litigation Counsel of America
  • Sustaining Fellow of the Pound Civil Justice Institute
Publications
  • Legal Update Winter 2021
  • Legal Update Summer 2020
  • Legal Update Winter 2020
  • Legal Update Winter 2017
  • Ala. Code § 6-11-20(A)’s Clear and Convincing Evidence Standard Has No Application When Opposing a Motion for Summary Judgment

Areas of Expertise

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