Linton and Associates

$15 Million Settlement For Construction Workers

noreply@blogger.com (rhondabrantley) — Mon, 31 Oct 2011 19:03:00 +0000

An attorney for workers in Atlanta who sued over the collapse of an elevated walkway under construction in the treetops at the Atlanta Botanical Garden says settlements totaling more than $15 million have been reached in the case.

The accident occurred when workers were pouring concrete for an elevated canopy walkway collapsed, dropping workers four stories to the ground. According to Forbes, the lawsuit was filed on behalf of the family of one worker who died in the collapse and fifteen who were injured in the accident, including some with spine and brain injuries.

The accident occurred in December, 2008, when workers were pouring concrete on an elevated platform. The temporary shoring columns reportedly couldn’t support the weight of the concrete and collapsed, causing workers to fall up to 40 feet. Construction worker 56-year-old Angel Chupin fell to his death along with eighteen others.

The Canopy Walk in the Atlanta Botanical Gardens, which is at the edge of Piedmont Park in Midtown, was opened in 2010.

Unfortunately, construction accidents are common and the fault for these accidents does not just reside with the victim, but instead the construction company or site owner. The nature of the industry creates dangerous situations but if you have been injured due to the following, you may need legal representation:

Lack of proper safety precautions
Negligence
Defective materials
Badly maintained equipment
Poor supervision
Improper signage
Inadequate safety training

Catastrophic accidents are costly, and if the accident is not fatal, workers’ compensation benefits are sometimes not enough to sufficiently compensate the worker for his or her injuries, so other means must be utilized.

If an individual is injured in a construction accident, they may be eligible to receive compensation for injuries, medical bills, lost wages, and pain and suffering. If you or a loved one has been injured on the job or as a bystander, contact a Linton & Associates. We are knowledgeable and experiences construction accident attorneys and will pursue legal recourse and ensure that you get the results you deserve.

My name is Christopher S. Linton, Attorney at Linton and Associates Law Firm in Birmingham, Alabama. We specialize in Personal Injury, Wrongful Death, Premises and Product Liability, Auto Accidents and Infant Injury and Death.

Keywords: Construction Accidents, Accident Attorney, Personal Injury Attorney Birmingham, Alabama

Critical Steps After An Accident

noreply@blogger.com (rhondabrantley) — Tue, 11 Oct 2011 18:45:00 +0000

Protect Yourself First

An accident happens in an instant, but it can have consequences that last a lifetime. In one moment you are going about the normal parts of your life and in the next moment, you or a loved one is trading insurance information, being examined by paramedics or rushed to the nearest hospital.

A day that began carrying the kids to school, communing to work, picking up the dry cleaning, running errands...it can all change in an instant. Then, in a panic and sometimes shock, what you do next is sometimes not very well thought out.

There is simply no way to plan for an accident, however there are several things that you can do following a car wreck for yourself or your loved ones if you are able.

Your first priority is to seek medical attention for the treatment of your injuries and having a medical record of your injury and treatment is important.

Next, try and get photos of any evidence, your automobile, and your injuries. Then, make sure you keep track of all medical costs and expenses related to the accident and your injuries. Make sure to request a copy of any accident or police report and avoid signing any releases. If your insurance company is trying to make a deal with you, make sure that you get those in writing.

Insurance companies often times want to rush accident victims into insignificant settlements and with those come release forms. Unfortunately, you may not know the extent of a long-term or permanent injury for several weeks or months. On the other hand, if you haven't received an offer from the insurance company within 6 months, you may need to seek legal representation to protect your rights.

Insurance companies know that the average layperson has no real objective way to evaluate the actual monetary value of a legal claim resulting from a car crash. The adjuster who calls you may seem amicable and genuinely helpful, but the goal of the conversation is to get you to settle the claim quickly for far less than its actual value. Especially in cases where the liability of the insurance company's insured.

Linton & Associates specializes in personal injury claims and we know how to handle the mistreatment of unfair compensation from insurance companies following car wrecks. Call us and expect a free consultation and review of your case.

My name is Christopher S. Linton, Attorney at Linton and Associates Law Firm in Birmingham, Alabama. We specialize in Personal Injury, Wrongful Death, Premises and Product Liability, Auto Accidents and Infant Injury and Death.

Keywords: What to do after an automobile accident, Personal Injury, Mistreatment of Insurance Companies.

$3.25 Million Settlement in Bus Crash - Driver Fell Asleep

noreply@blogger.com (Unknown) — Fri, 07 Oct 2011 14:34:00 +0000

In 2009, a bus filled with mostly senior citizens was returning from a casino when it veered into the median, crossed the oncoming lanes of traffic and turned on its side in a ditch. The cause of the collision was that the driver fell asleep at the wheel. Later investigations revealed that the driver had been previously diagnosed with severe sleep apnea in 2001 at Mayo Clinic, but refused treatment.

The company that owed the bus should have never allowed this driver to operate this bus with the medical condition he was in at the time of the crash.

If they would have properly conducted routine medical evaluations, they would have determined that he was diagnosed with the severe sleep apnea at least 8 years before the collision. Companies that blatantly disregard the safety of others, must be held accountable.

Though money cannot reverse catastrophic injury or replace lost loved ones, it can help you provide security to families who have been harmed by others and allow them to try and rebuild their lives.

If you or someone you love has been injured as a result of the wrongdoing of another, contact us a Linton & Associates for a free consultation. We have the knowledge and the resources available to hold accountable those responsible for your injuries.

My name is Christopher S. Linton, Attorney at Linton and Associates Law Firm in Birmingham, Alabama. We specialize in Personal Injury, Wrongful Death, Premises and Product Liability, Auto Accidents and Infant Injury and Death.

Keywords: Bus Crash, Settlements, Driver Fatigue, Alabama Injury Attorney

Teen Affair with Teacher - Reaults in $9.2M Verdict

noreply@blogger.com (Unknown) — Wed, 05 Oct 2011 14:05:00 +0000

A Dallas, Texas jury has awarded $9.2 million to a teen who was forced to leave a religious school after her sexual affair with a male teacher was made public.

The girl was 16 and the teacher was 34 when police found them in a car together in 2009. Her parents sued the school, saying that they did not do enough to protect the student from the teacher. The teacher resigned and faces criminal charges, but the student was forced to move to another school, where she later graduated.

Child abuse is an insidious type of crime where the victims are, for many reasons unable to, or are fearful of confronting or reporting the perpetrator to authorities. Instead of protecting her, as teachers are expected to do, he robbed this child of her innocence. Children are vulnerable and deserve our protection from those who would take such wicked advantage of them.

Currently, there are many attempts under way to remedy the underlying causes of child abuse, but, until it is eliminated states have unanimously responded with laws specifically designed to identify and punish child abusers.

Under the laws of many states, third parties with knowledge of, and reasonable cause to believe that abuse has occurred, are under a legal obligation to report the situation to the authorities.

Alabama law states that, any harm or threatened harm to a child's health or welfare through non-accidental physical or mental injury or sexual abuse/exploitation constitutes abuse AND all hospitals, clinics, sanitariums, doctors, medical examiners, dentists, chiropractors, nurses, school teachers and officials, pharmacists, law enforcement officers, social workers, day care workers, mental health professionals, members of the clergy unless privileged communication, or anyone else called upon to render aid or medical assistance to any child must do so. Additionally, knowingly failing to report is also against the law.

The jury sent a message that the community will not tolerate a school mistreating a student that was a sexual victim. If you or a loved one have fallen victim to treatment like this, contact us at Linton & Associates for a free evaluation. We will fight for you and ensure that those accountable are held responsible.

My name is Christopher S. Linton, Attorney at Linton and Associates Law Firm in Birmingham, Alabama. We specialize in Personal Injury, Wrongful Death, Premises and Product Liability, Auto Accidents and Infant Injury and Death.

Keywords: Child Abuse, Teacher Crimes, Alabama Code 26-14-1, Settlements, Alabama Personal Injury Attorney

Strip Club Hit With $1.75 Million Verdict

noreply@blogger.com (Unknown) — Wed, 05 Oct 2011 13:18:00 +0000

A DeKalb County, Georgia jury has awarded $1.75 million to the mother of a woman who was killed in a car wreck in 2008. On Labor Day weekend, three years ago, a man who was over-served alcohol by a strip club and attempted to drive home.

The victim was 22 years old when she was killed, and left behind two small children.

At the time of the collision, the drunk driver was traveling the wrong way on I-20 with a blood alcohol level of 0.398.

The man's blood alcohol level was so high that there was no way that employees of the strip club would not have noticed. In fact, his blood content was almost five times the legal limit which is a level often causing loss of consciousness, loss of bladder control, decreased breathing, coma, and even death. In other words, his level of intoxication was far beyond that which might go unnoticed by others and so high, in fact, that most would be unable to operate a vehicle at all.

The purpose behind a given state's Dram Shop Law is simple -- to discourage a vendor from continuing to serve alcohol to a person that is clearly past their legal limit. Since the bartender has the choice to stop or continue serving the customer, he or she should be held liable when they ignore the signs of heavy intoxication that later cause major death or injury to another.

How is it that none of the employees at this establishment knew he was this intoxicated or how many drinks they had served him?

Because this is yet another example of people putting the pursuit of profits ahead of the safety of the motoring public. People that continue to serve alcohol to visibly intoxicated people must be held accountable for the devastation that they cause.

Drunk driving has devastating effects both for those injured or killed by drunk drivers and for their families. If you or a loved one have been injured by the wrongdoing of another, contact us at Linton & Associates for a free consultation. We are not intimidated by the wrongdoers and we will ensure that they are brought to justice. Call us today, and get the Linton advantage to help make things right.

At Linton & Associates, we are helping families put their lives back together after suffering serious injuries and loss.

Alabama code section 6-5-71 provides a cause of action for spouses, parents, and children who shall be injured in person, property or means of support by any intoxicated person. This section grants these individuals a right of action against any person who shall by selling, giving, or disposing of alcohol to another, contrary to the provisions of law.

My name is Christopher S. Linton, Attorney at Linton and Associates Law Firm in Birmingham, Alabama. We specialize in Personal Injury, Wrongful Death, Premises and Product Liability, Auto Accidents and Infant Injury and Death

Keywords: Alabama Dram Shop Law, Alabama Drunk Driving, Verdict Against Strip Club Georgia, Blood Alcohol Limit Alabama

$3 Million Jury Award in Tired Trucker Accident

noreply@blogger.com (Unknown) — Fri, 30 Sep 2011 14:00:00 +0000

A federal jury in Florida has awarded the family of a 33-year-old man who was killed in 2009 by a fatigued truck driver $3 million. The case involved a collision between two commercial tractor-trailers. The driver of the at-fault truck failed to yield the right of way and caused the victim's truck to hit the back of her truck.

The at-fault driver testified in court that she saw lights coming, but felt that they were far away. Testimony revealed that she had been on duty for about 19 hours prior to the accident, which was in violation of the 14-hour "Hour of Service" Rule of the Motor Carrier Safety Act.

Unfortunately, large companies routinely push commercial truck drivers to break the law in order to make delivery deadlines. It is a very common practice and is responsible for many injuries and deaths each year in our country. These companies have to be held accountable and forced to stop making shipping deadlines more important that human lives.

From 1986-2006, there was a 49 percent increase in registered large trucks, equaling 8.8 million trucks throughout the country and a 76 percent hike in miles traveled by large trucks. Tractor-trailers pose a much greater risk of being involved in a rollover or jack-knife accident, due to their immense size. The national 2007 facts about truck accidents are unsettling:

There were 4,584 trucks involved in fatal accidents.
There were 4,808 fatalities in crashes involving semi-trucks.
There were 139,587 commercial trucks involved in non-fatal accidents.
There were 56,487 semi-trucks involved in injury collisions.
There were 83,908 injuries in crashes involving commercial trucks.
There were 83,100 trucks involved in tow away accidents.
There were 2,248 large trucks involved in Hazmat placard crashes.

Source, Fatality Analysis Reporting System (FARS), Motor Carrier Management Information System (MCMIS)

If you or someone you love has been injured by the wrongdoing of another, contact us today at Linton & Associates for your free consultation. We will fight for you against these large companies and ensure that they are held accountable for the injuries that they have caused you to suffer.

My name is Christopher S. Linton, Attorney at Linton and Associates Law Firm in Birmingham, Alabama. We specialize in Personal Injury, Wrongful Death, Premises and Product Liability, Auto Accidents and Infant Injury and Death.

Keywords: At-Fault Driver Accidents, Semi-Tractor Trailer Accidents, Settlements, Personal Injury, Wrongful Death

Nursing Home Ordered to Pay $91.5 Million in Death Case

noreply@blogger.com (Unknown) — Wed, 28 Sep 2011 17:00:00 +0000

A West Virginia jury awarded an elderly woman's family $91.5 million in damages last month against a Charleston nursing home.

Jurors found that workers at the nursing home failed to feed and care for the woman who stayed at the home for about three weeks in 2009 before dying at age 87.

The woman suffered from Alzheimer's Disease, dementia, Parkinson's Disease and several other conditions. However, when she was admitted to the nursing home, she could walk, speak, and recognize family members. Three weeks later, she was unresponsive, had lost 15 pounds, and was severely dehydrated.

The nursing home did not have enough nurses on staff to care for the woman. Several former workers testified during the trial that properly caring for all of the residents was impossible. During the trial, it was proved that the nursing home's business model revolved around keeping the number of residents high, and the number of staff to care for them low.

In 2009, ManorCare Inc., the parent company that owned this nursing home, reported earnings of about $4 billion and assets of nearly $8 billion. Clearly, there profits are more of a concern that the care of their residents as this jury found that the nursing home workers were responsible for the woman's death.

The thought of this is disturbing, but abuse of the elderly occurs all too frequently. They are some of society's most vulnerable people, but senior citizens are at perhaps their most vulnerable when their living situations make it clear that they cannot easily defend themselves. Nursing home abuse takes many forms, – emotionally, physically, or financially. As the elderly population increases, the social dynamics of our society could begin to favor nursing home care over in-home care, therefore we must be evermore vigilant in protecting senior citizens from abuse.

Understanding types of nursing home abuse may go a long way to preventing it in our society, or at the very least protecting your loved ones from suffering its consequences. (Nursing Home Abuse Center)

It is horrible that this kind of treatment still goes on in our society. It seems that it is always the most venerable that are prayed upon and taken advantage of. The lawyers at Linton & Associates will not stand by allow these companies to get away with treating our clients and their families like this. If you or a loved one have been injured as a result of nursing home neglect, contact us today for a free evaluation. We are not intimidated by these large companies and will fight to hold them accountable for their actions.

Keywords: Elder Abuse, Elder Care, Alzheimer's Dementia, Nursing Home Care,

It's Campaign Season: Another Tort Reform Lie Exposed

noreply@blogger.com (Unknown) — Sat, 24 Sep 2011 18:00:00 +0000

With campaign season starting to crank up, you are going to hear more and more of the mostly republican lie from politicians on the topic of tort reform. They are going to try and get you to believe that frivolous lawsuits and greedy trial lawyers have to be stopped at all costs or our economy and health care system are going to crumble.

Guess what! They are lying. And playing on the emotions of most Americans. They assume we will follow the herds headed for slaughter and buy into the myth of the those who are trying to do something to help the normal American.

The only motive of the tort "reformist" politician is to receive large political donations from major corporations, insurance companies, and health care providers. If they truly cared about the impact their crusade had on the average American, they would never think of participating in such an activity. Specifically, this is taking away Americans' fundamental rights and leading to more and more governmental control of your life. The only way that a normal American can be on the same playing field as a major corporation when they are injured by those corporations is through a jury trial, but the tort "reformist" politicians are doing a remarkable good job of taking that right away from the you.

During this upcoming campaign season, you will mostly hear that in order to keep health care affordable, we must stop the frivolous lawsuits against medical providers that are forcing insurance premiums to go up and thus causing the total cost of health care to rise. When you hear that, I urge you to think about this official document that Blue Cross Blue Shield just published to its policy holders. You may even get this document from BC/BS if you renew your policy in the near future.

The document BC/BS recently sent out entitled "Affordability of Health Care" where BC/BS expresses their concern for our costs....and how it keeps increasing just as regularly as the rising of the morning sun or change of the seasons....noting causes like consumer lifestyle, prescription drug costs, health care fraud by doctors and hospitals, governmental regulation compliance, more expensive equipment and procedures as medical technology advances, cost shifting due to higher reimbursement rates, and general inflation.

The mysterious thing about this document is the fact that there is not one word in it about medical negligence litigation, runaway juries, frivolous lawsuits, or activist judges. Imagine that. The largest health insurer in the country list the causes of rising costs of health care, but does not include greedy trial lawyers. It looks to me like all the rage calling for nationwide tort reform we hear about from the political candidates who are courting hundreds of millions of dollars in campaign contributions from the health care industry really does not play any significant role in our increased health care costs after all according to those that surely should know.

I encourage you not to follow the herd during the upcoming campaign season and to stand up for your right to seek justice after you or a loved one has been injured.

Additionally, if you or a loved one have been injured by another, I encourage you to get the Linton Advantage. We will fight for your rights and stand up to these groups that seek to deny you your right to receive justice. Contact us today for a free consultation. Remember, if you can't come to us, we will come to you!

Family Awarded $2.9 Million

noreply@blogger.com (Unknown) — Tue, 13 Sep 2011 14:03:00 +0000

The family of a 14-year-old girl who was killed in a 2004 hit-and-run crash while she was trying to cross a road has been awarded $2.9 million by a Bucks County, Pennsylvania judge. The case was decided without a jury.

The girl, who was about to begin ninth grade, fell victim to a hit-and-run accident and killed by a 21-year-old who was intoxicated at the time and was driving with a suspended license. The at-fault driver was arrested for hit-and-run DUI and later plead guilty and is still in prison today. No amount of money will bring this precious little girl back to her family.

However, it allows the family to hold on to the fact that the person responsible for killing their daughter is being held responsible and is not just going to be free to do this to other innocent victims.

If you or someone you love have been injured as a result of someone's carelessness or recklessness, contact Linton & Associates today for your free consultation. We are Alabama injury lawyers that come to you no matter where you are located. We have the knowledge and the resources to hold accountable those that harm you.

My name is Christopher S. Linton, Attorney at Linton and Associates Law Firm in Birmingham, Alabama. We specialize in Personal Injury, DUI Accidents, Wrongful Death, Premises and Product Liability, Auto Accidents and Infant Injury and Death.

Keywords: Hit-And-Run, Hit and Run, DUI Accidents, Pedestrian Hit and Run, 14-Year Old Pennsylvania Girl Hit and Run, Personal Injury, Family Settlement

$11 Million Settlement Reached in Brain Injury Case

noreply@blogger.com (Unknown) — Tue, 06 Sep 2011 14:14:00 +0000

A 19-year-old Virginia woman who suffered a traumatic brain injury in a traffic crash, has settled her case for $11 million with the owner of a van that crossed the center line on a wet two-lane highway.

She was a backseat passenger in the vehicle that was hit by the van. She incurred $562,043 in medical bills for the treatment of these injuries after the crash.

Currently, Alabama’s statute of limitations for bringing a personal injury or wrongful death claim is two years from the date of the accident. So, if you’ve been injured in an auto accident, consult with an attorney whose practice focuses in this area of the law to discuss your situation – and do so well before that deadline. As always, consultations are free, without obligation and are strictly confidential.

Before the injury, the woman participated in softball and gymnastics and took advanced placement classes in high school. The woman now has the functional abilities of a 12-year-old and her doctors feel that it is unlikely that she will ever recover any more intellectual capacity.

Unfortunately, these injuries happen too frequently and they are often the result of the wrongdoing of someone else. Likewise, when these injuries do happen, insurance companies refuse to do the right thing and if they are not forced into accountability, the victim suffers a second injustice to them.

At Linton & Associates, we are Alabama personal injury lawyers - committed to helping our clients recover the justice that they deserve. If you or a loved one have been injured as a result of the wrongdoing of someone else, contact us today for your free evaluation. We have the knowledge, experience and resources able to hold those that injured you accountable.

Source: Lawyersusaonline.com

Keywords: Traumatic Brain Injury, Personal Injury, Car Wrecks, Motor Vehicle Accident, $11,000,000 Settlement, 19-Year Old Virginia Woman

Getting What You Deserve For Your Tornado Damage Claim

noreply@blogger.com (Unknown) — Sat, 27 Aug 2011 23:03:00 +0000

With the massive devastation from the storms throughout Alabama in April, obviously insurance companies owe a lot of money to their policy holders that suffered property damage. As always, these insurance companies are going to try every trick in the book to avoid their responsibilities to their policy holders and reduce the amount of money they have to pay on these claims. Using a combination of low ball offers and litigation, they employ the three D's. Deny, Delay and Defend.

Extremely motivated to collect premiums, but less eager to pay for covered losses.

Did you know that the insurance industry takes over $1 trillion annually in insurance premiums? The insurance industry also, has more than $3.8 trillion in assets, according to the Insurance Information Institute. One would think that with all of this money, why on earth would the insurance industry have to deny benefits to clients that were entitled to them. There is only one thing that comes to mind and that is corporate greed.

If you are a residential or commercial property owner and have suffered property damage from the recent series of tornados or previous wind, storm, hail or fire, you should get the insurance payment you deserve and are entitled to under your policy. You need to call an attorney familiar with insurance law.

Insurance is a form of investment and it is your right as a policyholder to challenge the recovery you previously received. The insurance company's opinion of what an insured is owed from a claim is often lower than what the insured is actually entitled to under the policy.

Insurance companies can make more money by paying out less and any insurance company that takes advantage of people who are suffering from such devastation is wrong and it is disgusting.

If you feel that you might not have received the payment you deserve from your insurance claim, it is not too late. At Linton & Associates we work with a dedicated legal team to handle all aspects of your property claims and disputes through a network of experts that represent you, your family and your property. You deserve access to the courts and if we do not recover, you do not pay.

What Are Dram Shop Laws?

noreply@blogger.com (Unknown) — Tue, 23 Aug 2011 16:50:00 +0000

Many people are unaware of laws related to dram shops. In general, these laws make liable vendors that sell or furnish alcohol to people already visibly intoxicated when that person injures another. The act says that a person who knowingly sells alcoholic beverages to a noticeably intoxicated person, knowing that such person will soon be driving, may become liable.

There are many examples of bars, restaurants, convenience stores, etc., putting profits above the safety of others by continuing to provide alcohol to intoxicated patrons. Often times people are injured or killed by a drunk driver and never find out one of the main causes for their injuries was the fact that an establishment continued to serve a drunk patron and did nothing to keep them off the road.

Last month a jury returned a $1 million verdict against a country club in a case where it continued to serve an intoxicated patron and later that patron hit and injured another person. Drinking and driving are a deadly mix and the results can be either serious injury or deaths for innocent victims. If you or a loved one have been injured as a result of a drunk driver, contact us for your free evaluation. We can investigate the circumstances surrounding your injuries and find those responsible that may otherwise go undetected. At Linton & Associates, we are Alabama injury attorneys that focus on drunk driving accidents and alcohol server liability. We have the knowledge and resources to fight for you and win.

My name is Christopher S. Linton, Attorney at Linton and Associates Law Firm in Birmingham, Alabama. We specialize in Personal Injury, Wrongful Death, Premises and Product Liability, Auto Accidents and Infant Injury and Death.

Keywords: Alabama Drunk Driving, Alabama Alcohol Server Liability, Alabama Dram Shop Laws

$14.5 Million Verdict Against State Farm

noreply@blogger.com (Unknown) — Fri, 19 Aug 2011 14:29:00 +0000

A jury in Hamilton County, Ohio, has returned a $14.5 million verdict in favor of an individual and a restoration company that he owned.

This is another amazing example of the underhanded tactics that insurance companies are willing to go use in order to avoid paying the claims that they owe.

I applaud the jury for sending State Farm the message that their underhanded conduct is not going to be tolerated.

This litigation started when State Farm filed suit for insurance fraud and RICO claims against the individual and his company for work done by them following a hailstorm. The theory of the case was that State Farm received bad publicity after the storms for denying hail damage claims and as a result, they made unfounded claims against the restoration company. State Farm's charges were dismissed, but the owner and the company suffered damage to their reputation. The jury found that State Farm's claims were baseless and that the company's allegations of being defamed by State Farm were true and awarded him $14.5 million in damages.

At Linton & Associates we are here to help you when an insurance company pulls these underhanded tactics on you or a loved one. We have the knowledge and resources available to fight for you and hold them responsible. Contact us today for a free consultation if your insurance company

Keywords: Insurance Law, Bad Faith, implied covenant of good faith and fair dealing

Mobile Jury Returns $40 Million Verdict for Wrongful Death

noreply@blogger.com (Unknown) — Tue, 16 Aug 2011 20:09:00 +0000

You May Have A Defective Seat Belt

A Mobile, Alabama jury has returned a $40 million verdict in favor of the parents of a Mobile County teenager who was killed in a car wreck in 2004. The jury award came in a wrongful death lawsuit against Kia Motors and the maker of a seat belt buckle that failed. The girl was ejected from her car on a highway in west Mobile on July 4, 2004.

The high school student was driving a 1999 Kia Sephia that her father had bought for her 16th birthday, just two months prior to the accident. Kia officials knew that the seat belts in the 1999 model were defective but did not include them in a recall. This is yet another example of major corporations putting profits ahead of consumer safety and this conduct is happening in the board rooms of major corporations consistently. However, this Alabama jury sent a message that all of the greedy corporations should listen to, and that is that we are going to hold you responsible if you continue this conduct in Alabama.

The only avenue for a regular citizen to have a voice and be on the same playing field as these major corporations filled with greed is through the jury trial. Linton & Associates are Alabama personal injury lawyers that will fight for you and help you bring the party responsible for your injuries to justice. It is easy to be intimidated by these large corporations with deep pockets, but we have the knowledge and resources to fight for you and win. Contact us today for a free consultation

Keywords: Defective Seat Belts, Alabama Jury Award, Kia Motors, Christopher Linton, Linton and Associates, Personal Jury Attorney, Birmingham, Alabama

Power of the Court

noreply@blogger.com (Unknown) — Tue, 16 Aug 2011 16:06:00 +0000

"There is one way in this country in which all men are created equal - there is one human institution that makes a pauper the equal of an Einstein, and the ignorant man the equal of any college president. That institution, gentlemen, is a court." Atticus Finch

Jury Awards $35 Million in WaveRunner Collision

noreply@blogger.com (Unknown) — Wed, 10 Aug 2011 14:18:00 +0000

A jury has found Yamaha responsible for a 2005 WaveRunner accident that killed a 14-year-old girl. The jury awarded about $35 million to her parents and her best friend who was also injured in the crash. The jury found that Yamaha Motor Corp. USA failed to correct steering problems with the water craft and then failed to warn people of the hazards created by the failure.

This is another example of a large company putting profits above consumer safety. The only way that this girl's parents could hold the company accountable was through a jury trial. At Linton & Associates we can help you hold the responsible party accountable for the injuries that they have caused you or a loved one to incur. We are Alabama injury attorneys that will fight for you and we have the knowledge and resources available to make the playing field between you and large corporations even. Contact us today for a free consultation.

Keywords: Products Liability

What Are The Real Motives Of Your Insurance Company

noreply@blogger.com (Unknown) — Mon, 08 Aug 2011 22:57:00 +0000

Being a personal injury / auto accident attorney brings me into many situations that one would not want to be in. The facts that I have been told over the last few days bring that even further to light and have given me a boost of energy to my fight against insurance companies ripping you off. No matter what we have to do, Linton & Associates is going to fight to protect you and make the insurance companies do the right thing.

Last week I was approached by a potential client that lost his teenage son in an car accident. There are many questions that this father has regarding the circumstances around his death and he is past the initial shock of losing his child and he is now seeking answers. As is to be expected, he and his wife were so devastated by the loss of their child that calling an attorney was not high on their list of things to do and if we lived in a perfect world, it should not be high on their list. After being contacted several months after the car accident took place, we attempted to investigate as to whether or not there is a potential claim. But, once again, we have come across a real life example of an insurance company going to extreme measures to put profits ahead of policy holders.

As we began our investigation into the cause of this car accident and the child's death, we were immediately hit with major problems. Most problems have a way to work around, but the insurance companies are resorting to new levels of lying and deceit. We immediately tried to locate the Jeep in which the teenager was in at the time of the crash. When we called the wrecker storage lot, we were told that the insurance company had already moved the vehicle. After talking with the client, he advised that the insurance company immediately contacted him to pay off the lien on the vehicle. During his period of grief, he did not realize that if he settled the property portion of the claim with the insurance company he was transferring ownership of the vehicle to the insurance company. In fact, the insurance adjuster told him that it was in his best interest for them to get the car and destroy it so that none of the other passengers in the car could sue him.

In less than two months, the insurance company had taken possession of the car that was involved and had it ground into scrap metal and sold. The insurance company won this fight by playing on the grief that the client and his wife were experiencing. They promised them to take care of them when they were paying their premiums, but when it came time to help protect them and cover their interests, they went to great lengths to steal the opportunity for them to find justice for the loss of their son.

It is obvious that at a time of great loss such as this that the fact of talking to an attorney right away makes many people feel as if they are doing something wrong and to say they could never profit over the loss of a loved one. That is a reasonable way to feel and that is why being an Alabama auto accident / personal injury attorney is so hard at times. Many times, after the initial shock of loss starts to turn into other painful feelings, the client may start becoming aware of the fact that I owe it to our family to bring justice and make sure that they are taken care of after this terrible loss only to find out that the insurance company has stolen their right to justice because they delayed in contacting a lawyer.

If you or a loved one is injured or killed as a result of another, do not wait to contact an attorney to assist you. In most cases, the attorney can begin to handle all of the issues and take a major load off of you which frees you up to properly grieve your loss. At Linton & Associates we are a phone call away and standing ready to protect your rights against these underhanded techniques of the insurance companies. The real motive of the insurance company is profits and they do not care if they have to make those profits on the backs of their policy holders. Let us help you. Contact us today for your free consultation.

Keywords: Real Cases, Insurance Law, Motor Vehicle Accidents

My Health Insurance Wants Money From My Settlement; What Is Subrogation?

noreply@blogger.com (Unknown) — Wed, 03 Aug 2011 14:09:00 +0000

Many times we get contacted by people that have dealt with insurance claims themselves instead of hiring a lawyer and they are shocked to find out that they are not getting the amount of money that they settled with the liability insurance company for.

People are often surprised to learn that when their health insurance paid medical bills related to an accident that they are going to recover from a car insurance company for, that their health insurance claims a subrogation interest. What is subrogation, is a common question.

Subrogation is the right of one who has paid an obligation, which another should have paid, to be indemnified by the other. Simply stated, it is the right of a health insurance provider to be paid back any bills paid on your behalf out of any settlement that is received from a liability insurance carrier for the accident that the bills were paid for. Most health insurance providers have the right of subrogation clearly stated in their contract that you sign, and failure to pay them back could put you in jeopardy of losing your health insurance coverage.

So, what can we do about subrogation? At Linton & Associates we are Alabama personal injury / insurance attorneys that will fight for your interest after you have been injured by another and are dealing with insurance companies. Many times. we can negotiate and significantly reduce the amount that a health insurance provider is willing to accept in subrogation payments. When an individual tries to handle a claim for themselves, many times this is a crucial part of their claim that they are unable to handle and it costs them a significant portion of the settlement that they reach with the insurance provider.

If you or a loved one have been injured as a result of another, contact the Alabama personal injury lawyers at Linton & Associates for a free consultation. We are personal injury attorneys based in Birmingham, Alabama, and we work for the people; not the insurance companies.

Keywords: Subrogation, Insurance Law, Settlements and Subrogation, Alabama Personal Injury Attorney

Jury Awards $17 Million Verdict In Doctor's Death

noreply@blogger.com (Unknown) — Tue, 02 Aug 2011 20:19:00 +0000

A San Diego jury recently awarded $17.4 million in damages to the family of a 41 year old Naval surgeon, who was killed while he was riding his bicycle when he was struck by an ambulance owned by American Medical Response, Inc.

The verdict is believed to be the largest ever individual wrongful death verdict in San Diego county. The Doctor was an orthopedic trauma surgeon who served as director of Orthopedic Trauma, tumor and Reconstructive Services at the Naval hospital in San Diego. source: Daily Journal

At Linton & Associates we are Alabama injury attorneys that are here to help you bring the responsible parties to justice if you or a loved one are injured as a result of the negligent conduct of another party. We are personal injury attorneys that put you first. Contact us today for a free evaluation.

Keywords: Wrongful Death, Settlements, San Diego Jury, 41-Year Old Naval Surgeon

Jury Awards $10 Million to Teenager in Motrin Lawsuit

noreply@blogger.com (Unknown) — Mon, 01 Aug 2011 20:27:00 +0000

A Philadelphia jury awarded $10 million recently to a 13-year-old girl after finding that she suffered a life threatening drug reaction after taking Motrin.

She was three-and-a-half years old when she was given Children's Motrin brand ibuprofen.

Over the next few days, after the over-the-counter medicine was given, a fine rash appeared on her body along with a mild redness around her eyes. This morphed into something insidious: a rare, painful and potentially fatal skin reaction that burned and blistered her in one eye and left her fighting for her life in a burn unit 1,000 miles from home.

Doctors at Shriners Burn Hospital in Galveston, Texas, concluded that her reaction was triggered by Children's Motrin a brand of the popular anti-inflammatory drug ibuprofen.

The drug companies have both a legal and moral obligation to inform the medical community and the public of known risks related to drugs they market. In this case, the drug company failed to provide a warning advising of the potential consequences of taking the drug.

At Linton & Associates we are Alabama personal injury lawyers that can assist you if you or a loved one have been injured as a result of a defective, or improperly labeled drug. We have the knowledge and the resources available to fight to bring justice to you. Contact us today for a free case evaluation.

Keywords: Defective Drugs, Motrin, Johnson & Johnson Settlements, Stevens Johnson Syndrome, Settlements

$515,000 Settlement for Faulty Construction

noreply@blogger.com (Unknown) — Tue, 26 Jul 2011 16:42:00 +0000

Last month a settlement was reached in the amount of $515,000 in Kings County, New York on behalf of a 48 year old nurse and graduate student who slipped down a stairwell due to improperly constructed steps and handrails and a lack of lighting.

Premises liability is the liability for a landowner for certain accidents that occur on real property. This can range from things from injuries caused by "liable for injuries caused by a variety of hazardous conditions, including open excavations, uneven pavement, standing water, crumbling curbs, wet floors, uncleared snow, icy walks, falling objects, inadequate security, insufficient lighting, concealed holes, improperly secured mats, or defects in chairs and/or benches. that occur on the

She suffered severe fracture to her right shoulder which required four surgeries and has caused permanent scarring, pain and disability of her shoulder.

If you or a loved one have been injured by what might be a defective condition on the property of another, contact Linton & Associates for a free consultation. We have the ability and the resources to fight for you. Let us help you find justice.

My name is Christopher S. Linton, Attorney at Linton and Associates Law Firm in Birmingham, Alabama. We specialize in Personal Injury, Wrongful Death, Premises and Product Liability, Auto Accidents and Infant Injury and Death.

Keywords: Alabama Premises Liability, Faulty Constructed Stairwell, Injury on Someone's Property

Fire Alarm Company's Outrageous Conduct Proves Fatal and Costs Co. $4.6 million

noreply@blogger.com (Unknown) — Mon, 25 Jul 2011 14:39:00 +0000

It was 1:34 a.m. when a fire alarm in a California couple's home alerted monitoring company Security Associates International (SAI) that something was wrong. Over a two-way intercom, the couple frantically told an SAI representative that the house was on fire and that they were trapped inside.

Instead of calling the county fire department, the SAI representative called the county's non emergency number and reported a fire alarm - a much lower priority that a report of a house fire. The representative let the dispatcher put her on hold without expressing any urgency. The dispatcher did not return to the call for eight minutes.

Had the SAI representative properly notified authorities of the fire, multiple firefighting crews would have been dispatched for a house fire. Instead, because the report indicated an alarm only, only two firefighters were sent to the scene. The entered the house and began searching for the couple inside and a flashover explosion occurred , killing the firefighters and the couple inside.

Every second counts for firefighters and emergency personnel. As such, later investigations concluded that the delay caused by the SAI representative's failure to call the emergency number, failure to report a house fire, and willingness to stay on hold contributed to the tragic outcome.

One of the firefighters' family sued the company, Desmond v. Pinnacle Sec. CA L.P. No. C 08-20292 (CAal., Contra Costa Co. Super. Dec 23, 2010), and the company settled with the family for $4.6 million three weeks before trial.

This case put security companies on notice that they have a duty to provide accurate information quickly. As if they did not see it before, it shows them that consumers rely on the protection that they pay them for and that they deserve to have the information accurately and quickly provided so as to avoid issues such as this.

If you or a loved one have been injured as a result of the outrageous conduct of another, contact us today at Linton & Associates for a free evaluation of your claim. We are personal injury attorneys that put you first and we have the knowledge and the resources to bring your wrongdoer to justice.

Realities of Driver Fatigue

noreply@blogger.com (Unknown) — Thu, 21 Jul 2011 16:59:00 +0000

Driving fatigue is a cause of motor vehicle crashes that many do not consider when they think of causes of crashes. However, drivers fatigue can be just as deadly as driving under the influence of drugs or alcohol, speeding, and driving distracted. Driving fatigue is a serious issue and the monetary costs related to fatigue driving are hundreds of millions of dollars. The loss of human lives is even greater. Take the Driver Fatigue Quiz to test your knowledge of the dangers of driving while fatigued.

It never ceases to amaze us at Linton & Associates as to the lengths that many people will push to obtain greater profits. We are currently litigating a case against a commercial motor vehicle carrier that pushed their driver to break the law and kill innocent people. We have recently developed a time line of the truck drivers' trip and learned that this driver had been driving for 44 hours with only less than 4 hours of stops. This driver only stopped for fuel and never took a break. As a result of their actions, one person is dead, one is severely injured, and a family has been changed forever. Rest assured that we are going to prosecute this case to the fullest extent so that maybe, this company will choose to follow the rules in the future.

If you or someone you know has been injured due to the negligence of another, please contact Linton & Associates for a free consultation. We have the knowledge and the resources necessary to deliver justice.

My name is Christopher S. Linton, Attorney at Linton and Associates Law Firm in Birmingham, Alabama. We specialize in Personal Injury, Wrongful Death, Premises and Product Liability, Auto Accidents and Infant Injury and Death.

Keywords: Driver Fatigue Alabama, Driver Fatigue Test, Commercial Driver Fatigue, Commercial Vehicle Accients

Jury Awards $5,000,000 Verdit in Commercial Bus Crash

noreply@blogger.com (Unknown) — Mon, 18 Jul 2011 16:19:00 +0000

A New York County jury returned a verdict in the amount of $5,000,000 on behalf of a 48 year old advertising executive who was a passenger in a motor vehicle which was rear-ended by a commercial bus. As a result, he suffered mild traumatic brain injury.

If you or a loved on has been injured by a commercial vehicle, contact Linton & Associates for a free consultation and review of your case.

Linton & Associates has the knowledge and resources to hold the responsible parties accountable for the pain they have caused you and your family.

Keywords: New York County Jury Awards $5M, Mild Traumatic Brain Injury,

Jury Awards $11.8 Million in Drunk Driving Accident

noreply@blogger.com (Unknown) — Fri, 15 Jul 2011 16:54:00 +0000

A Maryland jury awarded more than $11.8 million last month to a man whose car was rear-ended by a repeat drunk driver in August, 2007.

Michael W. Harris, the Plaintiff, developed a painful and debilitating nerve condition as a result of the crash that has largely confined him to a wheelchair.

On the afternoon of August 28, 2007, Harris, then working as a landscaper, was stopped at an intersection when the drunk driver hit him from behind.

The driver fled the scene, and when she was finally stopped, she failed two field sobriety tests and was booked for DUI. The woman had a long history of DUIs and was convicted of a separate DUI about a week after the Harris accident. Source: Lawyers USA Online

If you or a loved one have been injured as a result of a drunk driver contact us today at Linton & Associates. We are personal injury lawyers that put you first. We have the experience and resources to to bring the responsible party to justice.

Keywords: DUI, Drunk Driving Settlement Maryland, Personal Injury