Category: Personal Injury

What Should You Do if You Suffer from a Brain Injury?

Suffering brain injuries at the hands of another person’s negligence can be extremely traumatizing in the road to recovery is going to be long and expensive. However a brain accident lawyer is going to make the road to recovery and receiving compensation that much easier. The lawyers that deal with brain injuries have a lot of experience doing so, because these are an extremely common type of injury that occurred due to neglect. So if you or your loved one has been injured and received a brain injury, reach out to the lawyers that can help you, such as the lawyers at Barry P Goldberg.

Your brain accident lawyer is going to be able to help you file claims against negligent motors, doctors, or trucking companies. Whoever was deemed out fault for your injury is going to be who we are, the lawyer fires a claim against.

The elements of a brain injury lawsuit are as follows, and it’s helpful to know these things before you are trying to file a brain injury lawsuit because it’s going to ensure that you get a lawyer with the experience and expertise that you need. To file a lawsuit the brain injury victim has to of suffered trauma as a result of someone else’s negligence, and in the negligence claim the lawyer representing the party that was injured needs to be able to prove the following:

  • That there was a legal obligation otherwise known as the duty of care, that requires the individual who was deemed negligent to exercise a reasonable level of care as to prevent harm to others. A good example of this is that a doctor has a duty to perform up to the standard of care established by the medical community and anything less than that is deemed negligent.
  • That there was a breach of duty. The lawyer must be able to prove without a doubt that an individual or entity was considered negligent if they have breached their duty of care. Another example of this is that the doctor performs an operation in a manner that is considered by the medical community to be unacceptable. In this instance the doctor would’ve been deemed to have breach of duty.
  • Causation must be proved, which means that the lawyer must be able to prove the defendant’s negligence must’ve been directly responsible for the injury and the damage that occurred.
  • There must’ve been damages, for the victim to file a claim the injury must have caused either economic or noneconomic damages.

The type of compensation that somebody could receive for filing a negligence suit against somebody in the act of receiving a brain injury via an accident, are as follows:

  • Medical bills are often going to be tied to a brain injury, and as long as the victim can prove that their medical bills and their medical needs are related to the injury and that the injury was caused by negligence, they can file a lawsuit to gain compensation for all expenses related to doctors visits, hospitalization, rehabilitation and of course occupational therapy.
  • Pain and suffering, usually refers to whole monetary damages for any lasting physical or emotional pain such as brain damage or amnesia.
  • Loss of life’s enjoyment, a victim of brain injury may also be entitled to compensation for their inability to participate in activities that they once enjoyed.
  • And of course wrongful death. When a brain injury is fatal the victim’s family can typically file a wrongful death lawsuit to pursue compensation for any financial damages such as funeral costs or lost wages that have resulted from their loved one’s death.

Choking & How it Happens

Choking & How it Happens

Choking

If you or a loved one have been the victim of a choking accident then it is important to know what your options for going forward are. People can choke on things for a number of different reasons. It may be the result of food not being cut properly or it could be from a product defect. Regardless of the reason why it’s important to know that help in the form of legal assistance does exist for these types of issues. Compensation may be available depending on your case’s details.

How to Tell if Someone is Choking

There are many different ways to be able to tell if someone is choking. It’s always crucial that a careful watch is placed on those with sensitive eating habits. That especially means for babies, toddlers, and elderly people. All of them equally can have difficulty eating and swallowing foods. In order to tell if someone is choking, observe the following:

  • Difficulty breathing
  • Face-changing color
  • Coughing
  • Firmly holding throat or chest
  • Failure to be able to speak or swallow

If you or a loved one exhibits any of these signs, then there is a chance that the culprit is choking. 

How Choking Happens

Choking can be the result of many different reasons. If food is simply too large and hasn’t been cut into pieces, then this can cause someone to choke. Eating too quickly is another common way that people choke. Dentures that are typically worn by elderly people are another thing that can lead to choking. Another way that choking happens is when children play with small toys. Toys and certain other products should be labeled correctly with choking hazard stickers. If they are not properly labeled, then there could be a chance for a lawsuit. Contact a choking lawyer to learn more about how to proceed with a choking case. 

Product Defects

As stated before, toys and certain other products should be labeled with choking hazard warnings. If not, then a lawsuit may be filed. Product defects are another thing that can lead to choking. Certain products used for the mouth like dentures and other mouth care products could lead to choking. It’s always important to read the details of the product and if there are warnings for how to use them. These products may also have defects that were originally unintended that lead to a choking incident. Contact Davis & Brusca, LLC, for help with your case. 

 

Dizziness Following a Car Accident

Car accidents are no laughing matter. Besides damage to your vehicle, there’s the possibility that you have been physically injured. In fact, you may still be hurt even if you think your body is “holding up okay.” For example, dizziness – while not immediately concerning to most people – can be a sign of a medical problem that must not be ignored. As an experienced brain injury lawyer – including those who practice at Royce Injury Attorneys, LLC – can confirm, ignoring possible neurological symptoms (such as dizziness) after a car accident could result in potentially catastrophic physical and financial consequences. 

What Dizziness Means

Feeling dizzy after a car crash could mean you have a brain injury. Other signs that your cognitive functioning has been negatively impacted include:

  • Lightheadedness
  • Imbalance
  • Fainting
  • Nausea
  • The sensation of slowly moving, even though you’re being still

Any of these symptoms could point toward a concussion. Immediately seek medical assistance the moment you suspect you have one. You’re not overreacting by seeking medical attention – you’re exhibiting healthy signs of self-respect and care. 

What a Concussion Means

Concussions are traumatic brain injuries caused by severe blows to the head that reduce one’s ability to process information. You might have smashed face-first into the steering wheel or the side window during impact. The odds of developing a concussion in these instances are strong. Although uncommon, victims of serious concussions sometimes temporarily lose consciousness. More common side effects are:

  • Headaches
  • Inability to concentrate
  • Loss of coordination

Most individuals fully recover. However, left untreated, long-term complications may develop. Vertigo, chronic headaches, mood swings, and brain fog are all possibilities. These problems sometimes last for months or even years. For this reason, individuals who’ve suffered even minor head trauma should seek a neurological evaluation.

You may feel fine and return home, suspecting that nothing is wrong. Over time, symptoms might emerge that indicate there’s a problem. Rush to a doctor if you experience ringing in your ears, feel drowsier than normal, have slurred speech, or become sensitive to light and noise. Depression and blurry vision are other indications that you have an untreated concussion.

What Legal Action Means

Expenses are inherent in getting medical treatment, and nobody should be forced to shoulder an economic burden because of someone else’s wrongdoing. Additionally, it’s impossible to calculate a concrete value for the pain and suffering that concussions create. If the vehicular accident you were involved in wasn’t your fault or was only partially your fault, consider seeking legal compensation. Consult with an experienced attorney to better ensure that you are properly paid any compensation to which you may be entitled. But first – seek necessary medical attention. 

PRP Therapy FAQ: What are some myths about PRP therapy?

Knee Injections 

As a specialist in knee injections from a practice like the Premier Osteoarthritis Centers of Pennsylvania can explain, platelet rich plasma, or PRP, is a therapy that has been around for over 30 years, but has only recently become one of the go to choices made by patients and doctors. The treatment is known to effectively treat musculoskeletal conditions, particularly those that involve muscle injuries, joint pain, connective tissue injuries, and so forth. It is also used to rejuvenate the skin, encourage new hair growth, and reduce acne.

Due to this treatment being relatively new to the American market, many people do not know about PRP, or are misinformed about how it works. The following are some of the most popular myths our PRP doctors know about. If you have further questions about PRP therapy and how it may help you, get in touch with a knee pain specialist today.

Myth 1: Platelet Rich Plasma Is a Complicated Procedure

Fact: Platelet Rich Plasma Treatments Take About One Hour

When you opt for PRP treatment, your blood will be drawn from the arm and placed into a centrifuge where it is spun and separated. The plasma will be placed into a syringe and then it will be injected into the area of your body being treated. PRP treatment is one of the simplest medical procedures, is non-invasive, and takes around one hour from start to finish.

Myth 2: PRP is Painful

Fact: There is Very Little Pain

Platelet rich plasma treatment is one of the least painful medical procedures that can effectively treat musculoskeletal problems. There are needles involved; therefore, you may feel a bit discomfort during the blood withdrawal and PRP injection. In some cases, such as hair loss treatment, a topical anesthetic is used. 

Myth 3: PRP is Dangerous

Fact: PRP is Known to Be Safe and Effective

Platelet rich plasma therapy is considered to be safe and effective. Your own blood is being used in the procedure which means there is little to no risk of reactions, side effects, infection, or complications. You also do not need to worry about a transmission of a disease or the body rejecting the platelets. Overall PRP is safe. However, there are some known cases of an infection developing at the site of the injection. This can typically be treated with antibiotics. In a very small number of patients involved in PRP research, their body did reject the PRP. Why this is happening is currently not understood by researchers, and when it did occur, there were no other symptoms. 

Myth 4: It Takes Several Treatment to Feel the Results

Fact: Improved Relief Is Often Noticed After the First Treatment

Most patients who undergo PRP treatment will notice a decrease in their symptoms after the first treatment. Depending on the symptoms and issue being treated, you may need 1-8 + treatments. It is certainly possible that you will notice an improvement after one or several injections. 

Myth: Only Older People Can Get PRP Therapy

Fact: People of All Ages Can Benefit from PRP

As a PRP doctor might explain to you, there is no minimum or maximum age to receive PRP therapy. In general, you should talk with your doctor to find out if you’re a candidate. Whether or not a person under 18 should receive the treatment will be based upon the doctor’s opinion and the childs’ symptoms.

What Can Drivers Do if a Car Wreck is Caused By a Defective Part?

Auto Accident Lawyer

Some car wrecks are caused by driver inattention and driving under the influence, but in some cases, a wreck might be the result of a defective car part. Some systems may break down without warning and cause drivers to lose control of their vehicles, so when this occurs, who is at fault? As an auto accident lawyer from a firm like John K. Zaid & Associates can explain, fortunately, drivers who find themselves accused of causing a car accident have several options if they believe vehicle malfunction is the main cause behind the wreck. 

Contact a Mechanic 

Drivers who believe a defective car part caused their accident may want to contact a trusted mechanic as soon as possible so he or she can check each of the systems. There are several different automotive parts that might fail without warning, including: 

  • Tires 
  • Brakes 
  • Steering 
  • Clutches 

Sudden acceleration, deceleration or a deviation out of a designated car lane can all cause a serious car wreck, so having a report from a certified mechanic in hand may help prove a driver’s case that a defect, not operator error, caused the accident. 

Check Recall Lists 

Most car manufacturers perform a voluntary recall if a defect is found in a certain make and model, but drivers who are unaware of such a circumstance may have continued to drive their vehicle. There is a government recall database available online, but there are no laws that make consumers responsible for searching such lists. 

Contact an Attorney 

While a driver might suspect a defective part caused an accident, hiring an attorney can help prove this fact and satisfy the burden of guilt. Attorneys may have access to certain records and information drivers may not be able to gather on their own, as well as having important experience when it comes to speaking with insurance adjusters and other individuals involved with the accident. 

Discuss Manufacturer Fault 

Attorneys may be able to find fault with the car manufacturer and shift blame away from drivers who experienced an accident due to part failure. While drivers are required to keep vehicles maintained, a hidden defect does not fall under such a circumstance. Defective spot welds and computer system errors are often contributed to unexpected driving events, and in many cases, the vehicle manufacturer may be held liable for injuries and property damage. 

If you experience a car crash and believe a faulty car part is to blame, you may feel that you have nowhere to turn. However, help is available. Contact an attorney today for a consultation and for further assistance. 

Fire Damage to Properties and People 

Fire InjuryWe have all seen fire trucks passing by us at high speed, their sirens on. We have probably stared at them with great concern. Just thinking about a fire and the possible losses—human and material—can easily make us get goosebumps. But, unfortunately, according to the National Fire Protection Association, fire departments in the United States respond to a fire alarm every 24 seconds.

Fires not only cause monetary losses in terms of properties, homes, and businesses; they also leave behind physical and emotional injuries and, sadly, human casualties. Fire damage is among the top five insurance companies’ claims, proving to be the most expensive one, and this becomes even more so when a lawsuit is filed.

Fires can occur due to a person’s negligence, poor maintenance of facilities, or even because they are intentionally provoked. Fire complaints usually mention the following causes:

  • Fire due to gas leaks causing an explosion
  • Fires due to electrical equipment that has faulty wiring
  • Fires due to poor installation of some equipment both at home and in a business (ovens, water heaters, machinery, etc.)
  • Fire due to mishandling and storage of dangerous chemical substances, among others.

The causes of a fire can be very diverse and can range from an accident in the kitchen, not putting out a cigarette well, making bonfires in forest places, or even lightning striking a tree. With so many causes, determining liability can be complex, and even multiple people can be held responsible for a fire.

Additionally, the damage that is caused by fires do not necessarily need to be as a result of a fire directly touching your property or self.  Damages vary and can include damages caused by ashes or soot that resulted from the fire! 

In any situation, it is vital to consult an attorney who can advise you as to whether file a claim for damages, as Sahar Malek Law, APC, can explain. As with other injury situations, the amount and considerations for compensation vary from state to state. However, the vast majority of states require coverage for the following:

  • Present and future medical expenses
  • Present and future income losses
  • Pain and suffering
  • Property damage, including ash or soot damage
  • Temporary or permanent disability
  • Disfigurement
  • Death

A fire claim can be a very challenging process, so you will want to have an experienced attorney by your side and not go through it alone.  A situation like this is already devastating, and you will want all the support you can get.

On The Job Injury

Personal Injury Lawyer

personal injury attorney

At the point when you are harmed on the job, this can accompany a few frustrations like agony from said injury, and the powerlessness to work, which implies the failure to deal with your monetary obligations. All things considered, your employer at the time of injury usually has what is called workers compensation protection. Worker’s compensation protection is utilized to cover harms your job is expected to take responsibility for, which means a protection strategy that repays laborers that need help subsequent to being harmed on the job. This inclusion helps with doctor’s visit expenses in relation to the supported work injury, and to replace conceivable lost wages. Demonstrating an on-the-job injury is not as simple as an automobile accident. Its troubles differ from one job to another. On the off chance that it tends to be demonstrated that you experienced an injury in connection to your job and not brought about by your own ineptitude, you might have the option to pursue a workers compensation claim.

First of all, the injury you claim to have experienced on the job should be brought about by you doing your job properly or brought about by your employers’ carelessness or negligence. In certain examples, while not on organizations property, a harm while on the job may in any case be your bosses responsibility to cover. For example, going to an office related occasion, or delivering packages.

Worker’s compensation protection only covers official representatives, not self-employed entities, or undocumented employees.

Instances of business-related injuries that are normally covered by worker’s compensation are:

  •     Broken bones
  •     Loss of appendages
  •     Repetitive pressure
  •     Burning or long-lasting scarring
  •     Tissue injury
  •     Depression, stress, or uneasiness

Just as much as they were caused because of business related cases, you are covered by worker’s compensation as a rule.

Since it isn’t generally certain that the wounds endured are in direct connection to your job, it is an insurance agent’s job to view ways not to be found obligated for an injury. Being rewarded by worker’s compensation protection may take time. There are times where your injury just may not be covered. Rather than sorting it out on your own, it is ideal to talk with a gifted personal injury lawyer with experience with worker’s compensation cases. Refusing legal representation keeps you away from the capacity of being either exploited completely or not getting the appropriate recovery for your wounds, and conceivable torment and languishing. Talk with a personal injury lawyer quickly, so you or your loved one can get the compensation they merit.

 

How Can a Wrongful Death Lawyer Help Me?

Wrongful Death Lawyer

Wrongful Death Lawyer

If one of your loved ones passed away due to the negligence of someone else, you need to contact a wrongful death lawyer, like one from Peeples Law, right away. This is important because experienced lawyers will know how to argue your case in court and the best way of moving forward to help you get the compensation you deserve. 

Your Lawyer Will Shoulder the Burden

By having a lawyer on your side, you can focus more fully on funeral arrangements for your loved one, on healing, and on your friends and family. Your lawyer will be able to make sure you meet all of the necessary deadlines, have a good argument to use in court, and will gather any necessary proof that you may need to help your case. He or she will keep you on track while not involving you in every single thing that is happening so that you do not have to worry about all of the little details and paperwork that is necessary in the suit. This makes the difficult process much easier to go through. 

Your Lawyer Will Find Proof

One important thing in a wrongful death case is having evidence that the negligent party is responsible for the death. This may involve an extensive investigation that includes sending detectives or investigators to the scene of the crime, hiring expert witnesses to testify on your loved one’s behalf at a hearing, and your lawyer will likely look at the medical records to see if there is anything in those that can offer proof of negligent actions or inaction. This can be an enormous and exhausting process, but it is very important in any wrongful death case to prove that there was a cause by the defendant. 

You Deserve Compensation

It can be difficult to think clearly during a wrongful death case because you are still grieving the loss of a loved one. You deserve to be compensated for their loss, and the offending party needs to pay for what they have done. Some compensation may include the medical bills you faced because of the accident, funeral costs, and even lost wages that your family will miss out on now that they do not have the loved one around anymore to contribute. A good wrongful death lawyer will know how to calculate this and file for these damages in court. Pain and suffering is also something commonly sought after in a wrongful death case, as 

Contact a Wrongful Death Lawyer Today

Don’t hesitate to reach out to a wrongful death lawyer in Frederick, MD today to set up a consultation to see if you may have a case. The sooner you are able to get a lawyer on your side the faster you can seek justice for the loss of your loved one. A Wrongful Death Lawyer will not be able to bring your loved one back, but he or she will at the very least try to get you compensation for their loss and punish the person who caused your loved one’s death. Set up a consultation today to get the wheels in motion. 

Measurement of Damages

Measurement of Damages Lawyer

measurement of damages lawyer

The determination of losses that a plaintiff suffers involves the consideration of the nature, extent, and duration of the injuries. There are several determining factors that can be constituted in rendering an appropriate amount of money that is sufficient to compensate the plaintiff fairly and reasonably. First, the reasonable medical expenses the plaintiff has necessarily incurred because of the incident, and the medical expenses an individual believes the plaintiff will be reasonably certain to incur in the future because of the incident. Following, the plaintiff’s loss of earning from the date of the incident to present-day, including any loss of earning capacity in which the plaintiff will reasonably be certain to experience in the future because of the injury sustained from the incident. 

Continuing, the reasonable value of household services performed by another, except for the injury, which plaintiff would ordinarily have performed, believing the plaintiff incurred because of the injuries sustained in the incident from the date of the incident to the present. Furthermore, the physical and mental pain, suffering, anguish, disability, and loss of enjoyment of life endured by the plaintiff from the initial date of the incident to present-day. Finally, the physical and mental pain, suffering, anguish, disability, and loss of enjoyment of life which an individual believes the plaintiff will be reasonably certain to experience in the future because of the incident. These criteria are a phenomenal scope in deciding a reasonable and fair sum of money to the plaintiff.

Pain and Suffering Damages

When determining conclusions regarding the amount of pain and suffering an individual sustains, there is no objective standard that is existent in deciding the amount in terms of damages. Instead, the process in which the amount is accumulated is decided upon a reasonable determination that is choreographed through evidence and common sense. 

Pain and Suffering with Aggravation of a Pre-Existing Condition

An individual who has a disability during the time of the incident is not entitled to recover damages. Conversely, that individual is entitled to recover damages if the condition is aggravated from the resulting incident. In addition, this component is true despite whether the condition has made the individual more susceptible to the possibility of ill effects than normally healthy individuals would have been. Damages are limited to the additional injury caused by aggravation.

Future Pain and Suffering with the Involvement of an Expert

There is no need for an expert’s testimony when the individual has clear and observable injuries. This includes any future pain, suffering, anguish, and disability. Contrasting, there are occasions in which the individual involved in the incident does not have injuries that are readily observable, thus determining a sum for damages is not as straightforward as it would be if the injuries were. From this concept, an injury or disability that is subjective, as well as difficult to be readily observed to others, will require expert testimony. Evidentially, expert testimony will be a sufficient condition before a jury can go through the processes of rewarding any future damages.

If you are in need of a local measurement of damages lawyer such as The Law Office of Eglet Adams call for answers to your questions and help with your case. 

 

Taking Action After Slip and Fall Accident



If you were in a slip and fall accident, then chances are you were left with serious and costly injuries. It isn’t uncommon for people to experience painful and debilitating injuries, such as spinal cord damage, broken bones, head injury, lacerations, sprains, and so much more. Those who slipped and fell while visiting a property may have grounds for seeking compensation from the property owner. Unfortunately, many victims just don’t realize that their situation may entitle them to compensation for their injuries, damages, and loss.

If a person or hazard contributed to your slip and fall accident, then it may be time to speak with a lawyer for advice.

The 4 Elements

Injuries that stem from a slip and fall may be pursued under tort, otherwise known as premises liability, which allows individuals who are harmed because of property owner negligence can recover compensation. There are four elements that your lawyer must prove in order to be awarded monetary restitution:

  1. The defendant leased, controlled, or owned the property.
  2. The defendant had been negligent in how they managed the property.
  3. The plaintiff was injured as a result of poor management of the property. 
  4. The plaintiff’s injuries, damages, and loss are quantifiable. 

Statute of Limitations
It is important for slip and fall victims to know that they only have a certain period of time to come forward with a lawsuit against the property owner. Depending on the state, you may have around two years from the incident date before you can no longer pursue compensation. Because of this, victims are encouraged to speak with a lawyer promptly to learn more about their options.

Consider speaking with a dedicated slip and fall lawyer in Green Bay, WI from Hickey & Turim, S.C. about whether your situation entitles you to financial compensation.