$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