Thursday, July 28, 2011

Why pick an Attorney that is Trial Law Certified? IT PAYS


Picking an attorney that is able to start and finish your case with you can become an important factor in the details and in the compensation.  Always ask when seeking council if the attorney is “Board Certified” and “Trial Law Certified”. Below is a story of just one example of how it pays off.

A recent personal injury case against CSX Transportation proves that you should consider your options carefully before accepting an offer to settle out of court.  An gentleman, who was a conductor employed by CSX at the time, was severely  injured during a fall in 2007 while dismounting a tank car.  The incident took place at night while Mr. Burden was releasing a handbrake.  He suffered a traumatic brain injury as well as damage to his neck, back, and leg and was later deemed unemployable due to the injuries he sustained.

According to his attorney, they had turned down CSX’s offer to settle the case for $600,000 to avoid trial.  The jury in the case saw it differently and awarded Mr. Burden $10 million.  The amount was later reduced by 10% (to $9 million) for contributory negligence.



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The stories and situations mentioned on this blog are for informational purposes only. The Burnett Law Firm does not claim to represent any party referenced in this post. This blog exists to raise public awareness of the very real dangers we face every day and to serve as a central location where information and opinions can be exchanged with regard to the way that the situations mentioned on this site are impacted by existing legal statutes.

Tuesday, July 26, 2011

Safety Tips for Everyone on the Road


Everyone can follow these tips to stay safer from crash-related injuries:
·         Use a seat belt on every trip, no matter how short.

·         Encourage everyone in the car to buckle up, including those in the back seat. Make sure children are properly buckled up in a seat belt, booster seat, or car seat, whichever is appropriate. See CDC guidance on child passenger safety.

·         Have all children ages 12 and under sit in the back seat.

·         Never seat a child in front of an air bag.

·         Place children in the middle of the back seat when possible, because it is the safest spot in the vehicle.

·         Learn and follow your state’s teen driving laws.

·         Make sure that your teen driver gets a minimum of 30-50 hours of supervised driving experience with you.

·         If you ride a motorcycle, always wear a DOT-approved helmet


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The stories and situations mentioned on this blog are for informational purposes only. The Burnett Law Firm does not claim to represent any party referenced in this post. This blog exists to raise public awareness of the very real dangers we face every day and to serve as a central location where information and opinions can be exchanged with regard to the way that the situations mentioned on this site are impacted by existing legal statutes.

Monday, July 25, 2011

Suggestions to Help save Lives and Money


CDC’s Injury Center encourages states to consider the following strategies, which are proven to save both lives and money:
·         Primary seat belt lawsExternal Web Site Icon, which allow law enforcement to stop motorists and cite people solely for not wearing seat belts. Seat belts reduce the risk of death to those riding in the front seat by about half.

·         Strong child passenger safety policies, which require children to be placed in age- and size-appropriate child safety and booster seats while riding in vehicles.

·         Comprehensive graduated driver licensing (GDL) systems, which are proven to reduce teen crashes. GDL systems help new drivers gain experience under lower-risk conditions by gradually increasing driving privileges in stages over time. The most comprehensive GDL systems have been associated with up to 40 percent decreases in crashes among 16-year-old drivers.

·         Universal motorcycle helmet laws, which require riders of all ages to wear helmets. Helmet use can reduce the risk of death in a motorcycle crash by more than one-third and reduce the risk of head injury by 69 percent.


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The stories and situations mentioned on this blog are for informational purposes only. The Burnett Law Firm does not claim to represent any party referenced in this post. This blog exists to raise public awareness of the very real dangers we face every day and to serve as a central location where information and opinions can be exchanged with regard to the way that the situations mentioned on this site are impacted by existing legal statutes.

Saturday, July 23, 2011

Figures Cost of Deaths from crashes


Motor vehicle crashes take thousands of lives and cost billions of dollars each year. Find out what strategies can prevent death and injury in these crashes and save lives and money.
Over 30,000 people are killed in crashes each year in the United States. In 2005, in addition to the impact on victims’ family and friends, crash deaths resulted in $41 billion in medical and work loss costs.
The United Nations General Assembly has proclaimed 2011 to 2020 the Decade of Action for Road Safety, a period of enhanced focus on protecting people on the world’s roads. CDC is releasing new fact sheets highlighting state costs of deaths from motor vehicle crashes to coincide with the May 11 launch of the Decade of Action.
In a one-year period, motor vehicle crash-related deaths in the United States resulted in an estimated $41 billion dollars in medical and work loss costs. According to new estimates released today by CDC, half of this cost ($20.4 billion) can be attributed to only 10 states.
CDC’s data analysis found that the ten states with the highest medical and work loss costs were California ($4.16 billion), Texas ($3.50 billion), Florida ($3.16 billion), Georgia ($1.55 billion), Pennsylvania ($1.52 billion), and Tennessee ($1.15 billion).
If you or someone you know has never been in an accident before and you are not sure what to do give us a call.  We can guide you in the right direction for no cost to you. Always remember that you hire an Attorney for their services and they work for you. 
800.501.5091


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The stories and situations mentioned on this blog are for informational purposes only. The Burnett Law Firm does not claim to represent any party referenced in this post. This blog exists to raise public awareness of the very real dangers we face every day and to serve as a central location where information and opinions can be exchanged with regard to the way that the situations mentioned on this site are impacted by existing legal statutes.

Wednesday, July 20, 2011

Learn about compensation, and settlements (Wrongful Death)

Wrongful death cases are filed when a decedent is killed by the negligence of another legal entity, be it an individual or corporation.
Most recipients of a wrongful death case award are the surviving spouses, parents or children of the victim.

Wrongful death statutes can vary slightly from state to state. Most states allow the disposition of a wrongful death award by the probate process of the will established by the deceased prior to their death.

Wrongful death cases start with the death of a human being, either through negligence or an intent to cause harm.


Other case elements can include:

-the pain and suffering of surviving family members,
-compensation for future earnings of the victim, and
-the appointment of counsel for the victim’s estate.


Typical examples of wrongful death cases include:

-automobile and aircraft accidents,
-extensions of medical malpractice suits, and
-exposure to occupational hazards.


Some criminal cases have ancillary wrongful death cases opened.
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While the negligent party in a wrongful death suit can deduct the expenses of medical care given to the deceased prior to the award being granted, the awards are usually merited for earning interest from the date of death.

In a wrongful death case it's often difficult to determine the value of financial loss to the survivors.

Calculating financial compensation starts with consideration of the victim's age, character and health at the time of death, including factors such as training, capacity for future training at the time of death, and an estimate of lifetime earning potential.

This assessment - a reduction of a person's life to a set of numbers - is often contentious as details are negotiated. It can also include assessments and redress for non-financial injuries to the survivors, such as loss of parental guidance and loss of consortium.

Wrongful death lawsuits usually rely on a jury to determine the size of the damage award after hearing the evidence presented by both sides.
While the jury determines the award, its verdict can be adjusted by the court for numerous reasons. These can include consideration of how the deceased spent prior income, or assessing that a particularly young or talented victim may have had a greater lifetime income than the jury considered.


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Tuesday, June 28, 2011

Learn about compensation, and settlements (Auto Accident)

Auto accident claims are one of the leading sources of personal injury cases in the United States legal system.

Roughly half of all car accidents result in claims and a considerable number of those become lawsuits.
With over 300 million cars on the road and six million accidents a year, auto accident claims tallied up
to 3.3 million last year.

The vast majority of injuries in auto accidents are head and neck injuries, and they're as expensive (or more) as the vehicular damage claims.


While more than 85% of all car accident injuries are conducive to therapy and treatment, they still alter the victims' lives considerably.

In any accident with even minor injuries, medical professionals should be consulted ASAP!

The main legal principle governing fault in car accidents is negligence.

Negligence works on the presumption that all motor vehicle operators are taking due caution while driving and have awareness of laws needed for public safety. If not, the driver is said to be negligent. The majority of car accident cases are ruled against the negligent driver.

That being said, some auto accident claims are ruled to be joint fault accidents, and even the not-at-fault driver can be held liable for anything said or done after the accident has occurred.

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If you're involved in a car accident, remember the following:

  • 1) Only give general information – your driver's license information, your insurance agent contact, and anything required by a law enforcement or medical professional to ensure that the situation is safe. 
  • 2) Do not confront the other party of the accident in an emotional or hostile fashion. Even if you aren't at fault, you can still prejudice any auto accident claim by your actions AFTER the accident.


  
To prove fault in an auto accident claim, the plaintiff has to show that their damages were the result of the other driver's negligence. This can make auto injury claims tricky in cases where an accident is ruled to have multiple causative factors. (If police were called and a car accident report was made it will likely carry a lot of weight in settlement negotiations.)

A good predictor of negligent driving is prior driving history – drivers who have records of moving violations, running traffic lights, and failing to signal have a lot of prejudicial weight against them.

Drivers under the influence of alcohol or other drugs that can impair awareness, reaction time, or judgment are usually found to be at fault in a car accident lawsuit.

A very small number of auto accident claims are ruled to be no-fault claims. These occur when the cause of the accident is ruled to be a structural fault in the road, automobile, or manufacturer. These types of car accidents often get aggregated into class action lawsuits.

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The stories and situations mentioned on this blog are for informational purposes only. The Burnett Law Firm does not claim to represent any party referenced in this post. This blog exists to raise public awareness of the very real dangers we face every day and to serve as a central location where information and opinions can be exchanged with regard to the way that the situations mentioned on this site are impacted by existing legal statutes.

Monday, May 23, 2011

Board Certified - Auto Accident Attorney

Within the Texas legal community, Board Certification means an attorney has substantial, relevant experience in a select field of law as well as demonstrated, and tested, special competence in that area of law. There are more than 70,000 attorneys licensed to practice in Texas. Only 7,000 are Board Certified.


Board Certified lawyers earn the right to publicly represent themselves as a specialist in a select area of the law. In fact, they are the only attorneys allowed by the State Bar of Texas to do so. This designation sets them apart as being an attorney with the highest, public commitment to excellence in their area of law.
The process is voluntary and can only take place after an attorney has been in practice for five years, with a minimum of three years experience in the specialty area.
Moreover, Board Certification is not a one-time event. It requires an ongoing involvement in the specialty area which is periodically substantiated with references from peers in that field. It also requires annual professional refreshment through TBLS approved, continuing legal education course work to stay abreast of current trends in law.
Who would you rather fight on your side? Would you chose a regular attorney for you case or a Trial Specliaist that is board certified? We invite you to get connected with Board Certified Burt Burnett attorney at law today. Call 800.501.2091 or visit http://www.burtburnett.com/