$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, 

It's Campaign Season: Another Tort Reform Lie Exposed

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.

Family Awarded $2.9 Million

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

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

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: 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

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.

Contact us today for a free consultation and start the process of getting the payment 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.

What Are Dram Shop Laws?

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.

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.

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

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.

Mobile Jury Returns $40 Million Verdict for Wrongful Death

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.

Power of the Court

 "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

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: Powers of the Court, Atticus Finch

Jury Awards $35 Million in WaveRunner Collision

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.

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:  Products Liability

What Are The Real Motives Of Your Insurance Company

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.

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

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.

Jury Awards $17 Million Verdict In Doctor's Death

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.

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

Jury Awards $10 Million to Teenager in Motrin Lawsuit

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.

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

$515,000 Settlement for Faulty Construction

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

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.

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.

Realities of Driver Fatigue

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

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.

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

Jury Awards $11.8 Million in Drunk Driving Accident

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.

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:  DUI, Drunk Driving Settlement Maryland, Personal Injury

What is Reasonable to Expect From Your Car?

If you are like most people, you expect that all of the safety features that the car dealer raved about when selling you your vehicle will actually work when it is time to protect you and your loved ones during a car accident. However, many times that is not the case. Not only are there many instances where these safety devices do not work, there are many times that the actual safety device creates more harm to the occupants of the vehicle.

Crash worthiness generally can be described as looking at the technical and economic feasibility of avoiding foreseeable harm to occupants in motor vehicle collisions. 

More specifically, there are certain things that should not happen if your vehicle is involved in a motor vehicle accident. The first thing that I see most often is that a car should not blow up and burn as a result of a car crash. I know this happens in the movies frequently, but if you see that happen to a car in real life, most likely there is some kind of defect in the design or construction of the vehicle that caused it.

It is widely accepted that a person should not burn alive in an otherwise survivable crash. Accordingly, motor vehicles are supposed to be designed and built to prevent fires after a crash. Unfortunately, some cars, trucks, and SUVs have defects in their design or manufacturing that can result in electrical and fuel-fed fires. In fact, according to the US Fire Administration, post-collision fires are the leading cause of vehicle-related deaths.

If you are involved in a car accident, your car must effectively keep the occupant inside the vehicle, in a space sufficient to survive while being protected from harmful contact with the vehicle's interior. In other words, if you are using your seat belt along with air bags and other safety equipment, you should not be thrown about the car during an accident thus causing further injury or death.

If you are in car accident and your doors open during the crash, most likely there is a defect. Minimum design requirements say that doors must not open in a reasonably foreseeable collision due to linkage activation, inertial opening, or other failure mechanisms.

These are just a few examples of possible defects in your car should they occur as a result of a car accident. There are many more times that you or a loved one could be injured or killed by a defective automobile. 

If you have suffered injuries from what you think may have been a defect in your car, contact us at Linton & Associates . We are personal injury attorneys that handle cases in all 67 counties in the State of Alabama. We are equipped to effectively help you with any products liability claim you may have. Contact us today for a free evaluation.

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:  Vehicle Safety, Alabama Motor Safety, After Collision Fire, Auto Defects Causing Injury or Death

Tort Reform Is A Lie!

When I think of tort reform, I sadly think of all the people who have not been compensated because of the chamber of commerce controlling our state and other state's government and arbitrarily and capriciously chiseling away at fundamental rights. There was once one of these chamber of commerce vigilantes that was rendered a quadriplegic, and the very laws that he bullied through his state house resulted in devastation to him. He now travels throughout the country talking about his sins and the sins against his fellow man and consumer.

Tort reform was lobbied the guise of helping our economy. It was a concentrated effort to take away the political muscle of trial lawyers and to deny money to pro-consumer, democratic candidates.

Unfortunately, good people elected politicians who turned around and harmed them far more than they helped. Under the guise of issues such as abortion, gay rights and gay marriage, good people inadvertently allowed the U.S. Chamber of Commerce to take control of their state government. As sad as all of this was and is, the reality is, tort reform has dramatically affected consumer rights. 

However, at Linton & Associates, we are not going to stand by and let our clients be bullied by these major forces against them. We will apply what laws are available as effectively as possible. We will fight for you and bloody these bullies' nose no matter what, and we all know that bullies cannot stand to taste their own blood.

One thing that is certain with American business is at the end of the day, their uncontrolled greed and efforts for profits will do things to consumers that will require trial lawyers' skill. One example is the Ford Pinto in the 1960's. The executives gathered around the table in a plush conference room when they were told that if the Pinto was struck in a certain way it would burst into flames. They were then told the number of times they expected this to happen and how many people would die or be burnt in different degrees of severity. They were then presented with numbers that showed what a total recall of all Pintos would cost Ford. The decision was easy. They chose mayhem and death.

That same conduct has gone on since then, and will continue to go on one hundred years from now. The only difference now is that the businesses are protected by tort reform. The businesses control Alabama and other state supreme courts along with the Alabama and other state legislatures.

With all this against you, the consumer, you need help in leveling the playing field and fighting for your rights. At Linton & Associates we are here to fight for you. If you are a resident of any county within the State of Alabama and have been injured by a defective product, do not wait until its too late and big business has won. Contact us for your free evaluation today.

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:  Tort Reform Alabama, US Chamber of Commerce, Corporations Controlling America, Ford Pinto Gas Tank Explosion.

What is Uninsured/Underinsured Motorist Coverage?

Although the State of Alabama requires that every registered vehicle carry a minimum of $25,000 in liability coverage, it is a sad fact that many people do not carry adequate insurance coverage. So, what happens if you are injured by an at fault driver that does not carry liability insurance? At Linton & Associates, we have the answer for you.

Uninsured/Underinsured Motorist Coverage is coverage that you have through your insurance policy to protect you when you are injured by a party that does not have insurance in effect to compensate you for your damages. This coverage can also be used when your damages are higher than the amount of coverage available by the at fault party's policy. For example, if your damages are $100,000 and the at fault party has a policy limit of $50,000 you would be entitled to make an underinsured motorist claim with your insurance company.

Alabama law requires that every time a policy is issued, it must provide Uninsured/Underinsured Motorist Coverage unless each named insured expressly rejects the uninsured motorist coverage. As a result, you have uninsured motorist coverage on your policy unless you have rejected it in writing to the insurance company.

Many people express a concern about filing an uninsured motorist claim because of fear that their insurance premiums will increase as a result of the claim. However, that is not the case. Uninsured motorist coverage is contractual and filing a claim against that policy does not make your premiums increase. This coverage is designed to step into the shoes of the at-fault party. Think of it as if you just provided coverage for the at-fault party. While we might say it is not our responsibility to provide coverage for people who do not follow the law, we must consider it as us being responsible and ensuring ourselves and loved ones are adequately covered.

If you or a loved on have been injured by an at-fault party that does not carry adequate coverage to justly compensate you for your injuries, contact Linton & Associates and we will conduct a free evaluation to discover all options available to you. http://www.linton-associates.com/

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.

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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.

Fourth of July Holiday Travel

The Alabama Department of Public Safety has released the figures on fatal crashes that occurred over the fourth of July holiday period and while there were fewer lives lost than last year, there is still a long way to go to make the roadways safer in Alabama. Alabama State Troopers investigated a total of nine fatal traffic crashes according to the Alabama Department of Public Safety http://www.dps.state.al.us/Home/. It estimated that alcohol was a factor in the majority of the crashes. The fatal crashes occurred in Baldwin, Wilcox, Houston, Dallas, Jefferson, St. Clair, Talladega and Limestone counties. In addition, troopers investigated 350 traffic accidents over the holiday period.

If you or a loved one has been injured due to the negligence of another driver, please feel free to contact Linton & Associates for help. We will be on your side to ensure that you are treated fairly by the responsible party. You contact us at mailto: mailto:info@linton-associates.com

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.

What To Do If You Are Involved In a Car Accident During July 4th Holiday

It is a sobering fact that many people will be victims of car crashes over the upcoming 4th of July holiday. It should be a time that we celebrate with our friends and family and give thanks for our many freedoms. However, for some families it will be a time where their world is literally turned upside down. If you or someone you are close to is involved in a motor vehicle collision over the holiday period, there are several things that you should immediately do in order to protect your rights to be justly compensated for your injuries. Rest assured that the powerful insurance companies have the resources and are using them any way that they can to not pay you what you are rightfully owed. No amount of money can bring back a lost loved one or adequately compensate for the injuries you have to live with the rest of your life, but during this time you owe it to yourself and loved ones to seek just compensation so that your physical needs are taken care of and you do not have to worry about them while you are grieving your loss.

After an accident, the first thing to remember is to not talk to anyone other than the police about what happened in the accident. Even then, you should never admit liability. If you do not remember something that happened, it is completely ok to say "I don't remember." I recently represented a woman that was t-boned while traveling through a downtown intersection. She was knocked unconscious and she really did not remember anything about the accident. When she came to me for help she told me that she really did not know what happened and she wondered if she was at fault. Through our investigation we discovered that the vehicle that hit her actually ran the red light and the driver was under the influence of alcohol. That goes to show you that it is better to say I do not remember while you are still under the stress following a collision.

If you are involved in an accident with a commercial vehicle, that company's representatives and insurance company are immediately building a case to not compensate you. They routinely alter or destroy evidence that would be dis favorable to them. They contact you or your family representatives and lie to you about what happened and what coverages are available. You need someone like Linton & Associates to stand in your place to protect your interests while you focus on caring for your loved ones and grieving your loss. We would immediately secure the necessary evidence to avoid it getting lost or concealed by the commercial companies. This is a crucial component of successfully pursuing a claim because there are many pieces of evidence critical to your claim that could be gone forever.

Another major step of making a successful claim is to make sure you know where your vehicle was towed to and that it is secure. Many times, insurance companies will quickly pay you for your loss of property and once they do, they own the car. They sell the cars to scrap yards and soon it is gone forever. It is extremely important that your vehicle be preserved until such time as it can be inspected by qualified experts. This allows the experts to determine facts surrounding the accident that cannot be disproved by the defendant. Also, many deaths and injuries are caused by defective automobiles and in order to make a products liability claim, you absolutely must have possession of the car. At http://www.linton-associates.com/ we will make sure your vehicle is moved to a secure storage facility and the integrity of the evidence is properly preserved so that your chance of successfully pursuing your claim is maximized.

If you or someone you know is injured by a motor vehicle accident, contact us at mailto:info@linton-associates.com and we will take the burden of dealing with these issues off of you and give you the time you need to be with your loved ones and grieve your loss.

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.

Linton & Associates, LLC has launched a new website. Check us out at http://www.linton-associates.com/ We are a full service law firm dedicated to serving you when you have been injured as a result of another's wrongdoing.

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.

Railroad Settles Wrongful Death Suite for $4 Million

Burlington Northern Santa Fe Railway Co. has agreed to settle a lawsuit filed over the death of a ten-year-old girl. In the first phase of the trial, involving only compensatory damages, a Missouri jury returned a verdict for $4 million. The second phase, involving punitive damages, followed, but the case was settled before that phase could be completed. The parties actually reached a settlement while they jury was deliberating. BNSF agreed to pay the full judgment of $4 million within ten days with no appeal.

The child, Shelby Wilson, was a passenger in a car that was struck by one of BNSF's trains at a rural crossing. The company failed to mark the crossing with lights and a gate. It was only marked with warning signs. The state had ordered the more stringent measure nearly a year before the accident. There was a dispute over whether the driver of the car was at fault and caused the accident. But the jury ruled against BNSF on that issue. source: Lawyers USA Online

If you or someone close to you has been injured at a poorly marked railroad crossing, Linton & Associates, LLC has the knowledge and resources to help you hold these companies accountable for your loss. Contact us today at http://www.linton-associates.com/

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.

$3,019,955 Jury Verdict in Unisured Motorist Lawsuit

A Plainitiff, insured by State Farm, was awarded $3,019,955 last month by a Florida jury in a case arising out of a motor vehicle accident. A motorist ran a stop sign and collided with the Plaintiff's vehicle. The Plaintiff was badly injured in this collision. At the time of the accident, he was on a year's retirement leave from his teaching job where he had taught for 35 years. The driver who ran the stop sign only carried $25,000 policy limits. The Plaintiff had an under-insured motorist policy with State Farm that carried a policy limit of $2,000,000. State Farm refused to pay the Plaintiff what he was owed under the policy so he was left with no choice but to file suit. State Farm's lawyer asked the jury to only award the Plaintiff $400,000. Source: lehighacrescitizen.com Clearly the jury saw the insurance company for what they are. Greedy for your premium, but absent when it's time to be there for you. If you or someone close to you is not being treated fairly by an insurance company, let Linton & Associates stand up for you. We are here to force the insurance company to do the right thing.

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.

Many of us put our faith in insurance companies and carry the policies we believe will provide adequate compensation should the need to make a claim arise. However, many times the insurance companies will take advantage of policy holders by either denying claims, not providing services that the policy provides for, or paying less than what the claim is actually worth.

Many insurance companies are publicly traded companies and as a result, their purpose is to maximize profits for their investors rather than putting policy holders’ interest first. Many of these companies have implemented detailed plans to increase profits by limiting or denying claims that would otherwise by payable by the company. These companies have adopted the slogan “delay, deny, defend” as their motto. If they take this course of action, it allows them to have use of their money longer, thus increasing their profits for their shareholders. All of this is done to the detriment of policy holders.

If you or someone close to you has been wronged by an insurance company, Linton & Associates can help. We work closely with industry experts to build a solid case before making a claim and we are capable of handling your insurance case from the beginning through trial, if necessary. We are committed to making insurance companies pay what they promised they would pay when they accepted your premiums.

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.