Saturday, August 27, 2011

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.


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.

Tuesday, August 23, 2011

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

Friday, August 19, 2011

$14.5 Million Verdict Against State Farm


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.

Tuesday, August 16, 2011

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

Wednesday, August 10, 2011

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

Monday, August 8, 2011

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.

Wednesday, August 3, 2011

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.

Tuesday, August 2, 2011

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



Monday, August 1, 2011

Jury Awards $10 Million to Teenager in Motrin Lawsuit


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