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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