$15 Million Settlement For Construction Workers

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:

1. Lack of proper safety precautions
2. Negligence
3. Defective materials
4. Badly maintained equipment
5. Poor supervision
6. Improper signage
7. 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

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

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

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.

Strip Club Hit With $1.75 Million Verdict

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?

$3 Million Jury Award in Tired Trucker Accident

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

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.

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