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.

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.

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 laws, 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.

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.

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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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.

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/

Damages that can be Recovered in a Death Claim

The wrongful death statute is very specific about what damages may be recovered in a wrongful death or survival claim.
Surviving Spouse. A surviving spouse may recover the following damages in a death claim:


1. Pecuniary loss — the loss of the care, maintenance, support, services, and advice the spouse would have received from the deceased spouse had the spouse lived.


2. Loss of companionship and society — the loss of the benefits flowing from the love, comfort, companionship, and society the spouse would have received from the deceased spouse had the spouse lived.

3. Mental anguish — the emotional pain, torment and suffering experienced by the spouse due to the death of the deceased spouse.


4. Loss of inheritance/loss of addition to the community estate — the loss that the deceased spouse would have added to the estate at the end of his or her natural life.

Surviving Child. Like a spouse, a surviving child may also recover for pecuniary loss, loss of companionship and society, mental anguish, and loss of inheritance.

Surviving Parents. Surviving parents may seek pecuniary loss, loss of companionship and society, and mental anguish damages.
Exemplary Damages. A surviving spouse or child may also be entitled to exemplary damages if the defendant acted with malice or committed some other act entitling the survivors to exemplary damages.
Survival claims. In addition to those claims that the family members can make for their own damages, the estate of the deceased may also make a claim to recover the medical and funeral expenses incurred by the deceased and for any pain and mental anguish the deceased experienced between the time of injury and death. A big issue in survivor claims is whether the deceased immediately died in the collision or incident. If the deceased immediately died or was not conscious, then the estate is generally not allowed to recover any damages for the deceased’s mental anguish. On the other hand, if the deceased did not immediately die, then the estate can recover mental anguish damages.


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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.

Your Property Damage Claim

The two biggest questions in resolving automobile property damage claims are: (1) Can your vehicle be repaired or is it totaled? (2) Does the other party have insurance?



The insurance companies generally have the choice to decide whether they want to attempt to repair your vehicle or whether they will “total it” — pay you the current market price for the vehicle instead of having it repaired. Once they make that decision, it will dictate how you proceed.

If the car will be repaired

In most instances, the person who hits you will have insurance, and the insurance company will choose to repair your car instead of replacing it. If that’s the case, the first two steps are to get an estimate from the insurance company and to find a body shop to make the repairs. While the insurance company may recommend their preferred body shops, you are free to choose the body shop that you trust.

Once you have the estimate and have chosen the body shop, the process usually runs fairly smoothly. While the original estimate is rarely accurate, most body shops and insurance adjusters will work well together to work out the differences. But to protect yourself, make sure you tell your body shop not to do any work without your approval if that work, for some reason, will not be paid for by the insurance company.


The opposing party’s insurance company will also pay for a rental vehicle. In most cases, the vehicle will be a modest standard car. However, in some cases, it is important for the client to have something other than the standard vehicle. For example, you may be a construction worker and need a pickup, or you may have four kids and need a mini-van. In those instances, the insurance company should provide you with a comparable vehicle. In some instances, there are disputes about how long the client should have rented a vehicle. To avoid this, do your best to not try and take advantage of the situation. Call the body shop to make sure they are repairing the vehicle in a timely manner, and keep in contact with the property adjuster so you do not have any surprises at the end of the rental.

The opposing party’s insurance company may also be liable for any decrease in value of your vehicle that results from the wreck. If you believe your vehicle’s value has significantly decreased, you should get some estimates from dealers or others that can help you prove this loss of value to the adjuster.

If your vehicle is repairable, but the other party does not have insurance, then you may make a claim on your policy if you have applicable coverage. If you have purchased both collision coverage and uninsured/underinsured motorist (UM/UIM) coverage, you will have the option of making a claim on the collision portion of your coverage or the UM/UIM portion of your policy. The key considerations in making that decision is which portion of your coverage has a smaller deductible, what are your policy limits for each coverage, and whether you have rental car coverage on your collision coverage.


All things being equal, you would normally choose to use the portion of your coverage with the smaller deductible, but often, things are not always equal. One factor is the limits of the coverage. On each provision of your policy, there is a maximum dollar value that the insurance company can be forced to pay regardless of the amount of damage to your vehicle. Occasionally, your collision and UM/UIM limits will be different. If the damage to your vehicle is significant, then the amount of the limits for each portion of the policy may dictate which avenue you choose.

Finally, if you have not purchased rental car insurance as part of your collision insurance, then you will be obligated to pay for a rental vehicle. However, if the claim is made under the UM/UIM provisions, then the insurance company is obligated to pay for the rental coverage.


If you are making a claim on your own policy, then you are not entitled to loss of value to the vehicle.


If the vehicle is totaled

If the cost of repairs exceeds the value of the vehicle, then your insurance companies will “total” the vehicle, and they will be obligated to pay the market value of the vehicle plus tax, title and license to purchase a comparable vehicle.


Generally, the biggest dispute when a vehicle is totaled is what is the value of the vehicle. Insurance companies have traditionally used the Kelly Blue Book or the NADA guide to determine values. In recent years, they have turned to services that offer computer valuations of vehicles. Since these services’ main customers are insurance companies, there is good reason to be suspicious about the values provided.


In the past, people did not have many good alternatives for disputing the values offered by the insurance companies. However, in this day and age of the internet, you will be able to do your homework and have a good idea of the value of your vehicle. Both NADA.com and intellichoice.com offer average retail prices for vehicles. In addition, sites such as autotrader.com let you search for vehicles for sale within 50 or 100 or more miles from your zip code. These sites will let you get and idea of what a replacement vehicle actually costs in your area. With a little research, you should be able to get some documentation and present something to the adjuster to attempt to maximize the value offered to you.


Unfortunately, when your vehicle is totaled, insurance companies are not obligated to pay for your rental fees, though many will pay for a vehicle until they make an offer to you. As a result, it is important to do as much work as possible as soon as possible so you do not incur any unnecessary fees.


If you have been in an accident and you would like to speak with someone reguarding your claim please give us a call. We are Board Certified meaning "Specialist" in Personal Injury Law. We will provide you great services and fight your case to the end. Toll free 800.501.2091

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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.