Personal Injury Law Blogs

Small Force Can Cause Big Impact

Blunt force trauma is a scary reality that many humans have to face every single day. Throughout history there have been several cases where small amounts of force caused irreparable damage. The problem with brain injuries is that they are so prevalent, and can often go untreated; in fact, brain injuries are one of the leading causes of long term disability in the United States.

Any time a person has damage to the brain, however small, that force to the head can cause harm that may in turn be irreversible. Children are especially vulnerable in this regard. As the brains on children are still developing, it is important that any type of fall or force to the head that causes confusion or loss of consciousness be taken very seriously. Though the damage may not be apparent superficially, the long term consequences to memory and learning can be severe.

The Link Between Alzheimer’s and Brain Trauma

People are suffering brain injuries every single day. While many people suffer from brain injuries, the big risks for brain injury are in contact sports. One recent study concluded that former National Football League players are three times more likely to die from Alzheimer’s and other neurodegenerative diseases. The suicide of former NFL player Junior Seau in May of 2012, while devastating, helped in bringing attention the issue of traumatic brain injury in athletes.  It has been speculated that Seau suffered from Chronic Traumatic Encephalopathy (CTE), a neurodegenerative disease known to be triggered by repeated hits to the head or concussions.

Sports where the head is vulnerable have the greatest risk for potential brain damage down the line. Even small amounts of damage to the head can lead to Alzheimer’s later in life.

A Silent Epidemic

The problem with brain damage is that so much of it goes on behind the scenes. Even though a person may suffer from a blow that seems minor, because of how the brain is situated inside the head, there is a lot of potential for significant long term damage. This is ameliorated by not detecting damage when it occurs. Any time there is a loss of consciousness, for instance, no matter how small the amount of force used, there is a problem.

Mild Amounts of Trauma from Explosions Linked To PTSD and Memory Loss

Mild amounts of force to the brain linked to memory loss, PTSD, and brain damage. This is perhaps experienced most often by both active duty soldiers and war veterans.

The battlefield is a dangerous place. Iraq especially was dangerous because of things like improvised explosive devices. These devices would vary in the size of the explosion from mild to extremely damaging. What is important to understand is that even mild force from a distance can cause damage.

Ultimately, taking damage to the head is never a good thing. Whether the damage is great or small, the consequences can be severe regardless. Usually, the damage from small amounts of force happens much later in life, when people start developing dementia and Alzheimer’s. The key is to be as safe as possible, and to safeguard against risks that would adversely damage the brain.

Byline

Ian Warner, a freelance writer based in Fayetteville, Arkansas, frequently contributes articles on Personal Injury, Consumer Rights, Constitutional Law, Banking Law and other important legal issues.

NFL Changing Their Head Injury Rules: Too Late?

All athletic activities – but high-impact sports, in particular – carry a risk of severe injury during a game. None quite reach the same level of danger as American Football… except perhaps rugby.

A sport where strength and muscle is championed in a gladiatorial manner, it’s hardly surprising that during an American Football game – like the Roman stadiums of old – not everyone leaves the arena in one piece.

But the “big hits” on the pitch have made American Football the multibillion dollar cash cow it is today. Even as early as high school, the most popular teens are encouraged to take up the ball and grapple in the stadium. But recently, there have been calls to protect players from the worst of the potential damage – head injuries.

Cry-Out from Players

Hundreds of former National Football League (NFL) players have been complaining of football-related brain injuries from heavy hits. Due to the constant wipe-outs, it’s thought many players are suffering from a degenerative mental condition caused by ‘mild subconcussive impacts.’ The routine hits players take on the pitch could directly lead to disability, or even death.

Campaign of Disinformation

In an almost Orwellian attempt at covering up the worst of the claims, the NFL was exposed as having conducted a ‘campaign of disinformation.’ The NFL says that such a campaign never existed and that players share responsibility, when they sign their employment terms, for any negative impact on their health.

The question on everyone’s lips is: ‘did the NFL know the risks of cognitive degeneration in American Football?’ And perhaps even more importantly…is the NFL liable for not doing anything about it?

What Can Be Done to Reduce the Risks of Brain Injury?

As we speak, the NFL is considering some new proposals. One of the latest amendments to the game is penalisation of tacklers and ball-carriers who lower their heads to crack helmets together. Concussions are commonplace in American Football, and making small changes could considerably help protect mental health.

Safer equipment and immediate medical treatment are needed to protect players. A helmet has been developed that measures the force of impact to the head during the game. When the force becomes dangerous, players can be removed from the stadium for medical analysis.

Although changes to the way we handle American Football safety won’t help the unfortunates who’re suffering from brain injuries now, there’s no reason why we should ignore future players and protect them from early in their careers, until they retire. Amongst all the head injury compensation claims, we should start listening to players’ concerns.

It’s true that such high-impact sports can never guarantee brain and body protection during games. But just because our 21st century gladiators take big hits in the stadium of their free will, it doesn’t mean that we should neglect our duty of care.

There are worries that American Football will follow Boxing, which became unpopular after brain injury concerns tamed the sport. But surely, the health of our players is a higher priority.

NHS sets aside £17.5 billion for medical negligence claims

After a sharp increase in the number of medical errors, the NHS has set aside £17.5 billion to cover the costs of paying compensation to thousands of people that are set to make clinical negligence claims.

A report compiled by MP’s revealed that there has been a surge of 11 per cent in just one year of the amount of significant mistakes being made by medical professionals. The news comes after Health Secretary Jeremy Hunt announced his plans to make it a criminal offence for any hospital to attempt to cover up any mistakes made its staff.

A vast majority of the clinical negligence expenses arises from birthing negligence, whereby NHS staff are making substantial errors during child birth, leading to lifelong conditions such as cerebral palsy. When a child is afflicted with this because of hospital treatment, they are required to pay the bill for the entirety of the child’s life to cover any additional costs of care; which can be hundreds of thousands of pounds a year. However, with the life expectancy of children with the illness increasing, with the help of modern medical science, the NHS are having to pay an increased amount of money for the care bill as a result.

This calculation of how much the NHS are expected to pay out, comes from a estimation based upon the number of claims that have already been filed, in addition to the number of claims the NHS are expecting to receive that haven’t been made yet.

Robert Oxley, campaign manager of the TaxPayers’ alliance commented on the report saying;

“This bill is a result of individual and collective failure within the health service and should not be tolerated. Keeping hospitals clean and safe through simple measures can save lives”.

Medical negligence is still very much an issue in the NHS that is negatively effecting thousands of people in the UK. It is happening more and more often and anyone that is effected by medical negligence has the right to claim compensation for the unnecessary suffering that it causes. Asons solicitors has a specialist team of medical negligence experts that are hand to give advice and talk to you have to pursue a medical negligence claim. For more information you can visit our website at www.asons.co.uk or phone our medical negligence phone line on 0844 850 1062.

Big Payouts for Work Accidents Hit Headlines

Compensation for accidents at work isn’t always well received and the ‘compensation culture’ that is usually credited with beginning in the UK is feared by a lot of the mass media here in the UK.  Just over the past week we’ve heard of a few cases that have been released under the Freedom of Information Act of compensation relating to a number of supposedly trivial claims.

For example, the Daily Mail reported in one article just last week a £23,000.00 payout to a worker who slipped and a Lancashire school that ended up paying over £700,000.00 for over 100 compensation claims to staff and students.

The criticism of such claims tends to be either that the claim should not have been brought in the first place or that the compensation awarded is too high.

The difficulty is, however, that without knowing the details of these cases it’s extremely difficult for the public to judge whether they think the claim was justified or not.  It is often the case that, an employee is injured during the course of his/her  employment, through no fault of his/her own and the employer refuses to pay his/her wage whilst they remain on sick leave.  The employee gets into arrears with his/her mortgage, he/she can’t pay the family’s utility bills and he/she consequently builds up debts.  This can often be the trigger for making a claim.

The law relating to recovery of compensation in an employer’s liability claim is that an employee should not make a ‘profit’ from the claim, they should only be financially put back into the position that they would have been in had they not had the accident together with compensation to reflect the pain, suffering and loss of amenity (hobbies, walking the dog etc) caused by the accident.

Often, there is a loss of property resulting from an accident at work which can include personal effects like jewellery and costs to cover exceptional medical expenses.  Victims of long-term injuries often need to adapt their homes to cope with their disability or pay for care either short or long term.  All of this has to be factored into the compensation.

On top of these costs are some which are more difficult to calculate.  Loss of earnings is often controversial when an employee is no longer able to continue with his pre-accident occupation due to his injuries.  This means that the court has to try and assess what his chances are of getting another job doing something he would be capable of and what his wage would be likely to be and whether he would be promoted before retirement.  All of this is very much crystal ball gazing but based on statistics and an assessment of the accident victim.

Serious injuries often cause post-traumatic stress disorder which also merits compensation.  Stress is subjective but it does not mean that it should go unrecognised and it is not uncommon for an employee injured on a piece of machinery to develop a fear of returning to that machine, in the same way as a road traffic victim may develop a fear of driving or being a passenger.   In particular cases, negative press coverage can worsen the effects of stress.

Claims for accidents at work aren’t always black and white but the levels of compensation agreed upon are awarded as a result of a well established and generally effective approach used by the courts.   Although occasionally big payouts do find their way into the news, that’s no indication that the claim or amount of the payout was unjust, it’s very often just a case of exceptional circumstances.

Call Anne Scott at Ramsdens Solicitors on 01422 410575 if you have any questions relating to a personal injury claim or email anne.scott@ramsdens.co.uk.

What to Do Following a Work Injury

While being able to support a family without ever leaving the house would be ideal for many, the reality of modern life is that earning living wages tends to require going to the workplace. Unfortunately, not every job is glamorous and some can put workers in significant danger. Whether you’re on a construction site or working security at an entertainment venue, working can present a significant risk of injury from both reasonably foreseeable and utterly surprising circumstances. The severity of one’s injury and the medical care you receive both factor in to how well you are able to maintain your livelihood moving forward. But you may not realize that the actions you take following a work injury can also influence your future.

Despite what you may have seen or heard from media portrayals and television shows, worker’s compensation cases are far from a slam-dunk. Unfortunately, while laws do provide an avenue for employees injured on the job to obtain compensation, there are many potential pitfalls along the way.

The first mistake that many injured workers make is declining to hire an attorney before moving forward.

While the circumstances may seem simple to you, an attorney is necessary in these deceptively complicated matters. Once your injury has been reported, you’ll be faced with a variety of offers to settle or even waive your claim without any compensation. Such offers may seem appealing at the outset, but sadly, your employer and its insurance company may not be looking out for your best interests. Such entities may entice you with quick offers, but those can be difficult to understand and may be substantially less profitable for you than going to court.

An attorney can help you figure out what is right for you and help you understand what lawyers for your employer and insurance company are really offering. Merely having an attorney will indicate that you are serious and can help you obtain compensation without even going to court.

Remember to follow medical advice your doctor provides.

Getting treatment for your injuries as soon as possible is essential not only for your health but for your attempt to secure compensation. After you have received initial treatment or undergone surgery, your responsibility does not end. You need to keep following your doctor’s orders regarding rest, nutrition and medication. If you fail to do so, your employer’s insurance company may try to claim you brought a medical condition upon yourself by ignoring your doctor’s recommendations.

Don’t make any statements or sign any documents without consulting your attorney.

Your attorney isn’t useful only for courtroom conflicts. More than anything else, your attorney serves as a trustworthy guide and advisor and can help you make good decisions. This includes guidance on whether or not to accept a settlement, waive a claim and/or make any statements. In the world of law, particularly worker’s compensation law, every word counts. So even if you think you’re making a harmless statement, you could be inadvertently damaging your claim and reducing your chances of obtaining compensation.

Be open and honest with your attorney.

Your attorney is someone who is on your side and intends to pursue your claim as you direct. Thus, you should discuss with your attorney the goals of the representation and the means by which your attorney should pursue your claim. Don’t try to hide information from your lawyer because you think it may be damaging. Your attorney will be most successful if he or she has all of the information possible relating to your claim. Only then can you two decide how best to move forward and secure compensation.

 

 

Shelly Duell is a blogger for Todd Durham, personal injury and car accident attorney in Lewisville, Texas and surrounding cities. Personal injuries can occur when you least expect it and at the most unsuitable of times. Having a lawyer that truly cares about your well-being first and foremost, completely changes the entire outcome a situation involving injury.

 

8 Critically Important Post Auto Accident Actions You Need to Know

Car turned upside-down on slippery winter road

Due to the nature of my occupation as a Rhode Island and Massachusetts auto accident attorney, I consistently help the victims of minor and severe auto accidents. Each accident is different, and so are the people involved. This is especially true in Massachusetts and Rhode Island, which just happen to be two of the most accident-prone states in the nation.

Unfortunately, many people who are involved in a Rhode Island or Massachusetts auto accident do not realize that the choices they make immediately following an accident can have lasting consequences on their life. What you do, or fail to do, in the minutes following an accident is extremely important to consider. I place extra emphasis on this fact if you routinely drive on Massachusetts or Rhode Island roads.

(more…) “8 Critically Important Post Auto Accident Actions You Need to Know”

Safe Driving in Pennsylvania

According to AAA Foundation, in the US, every 13 minutes someone dies on the road. Whether you are the driver or a pedestrian, it’s important to keep everyone’s safety top of mind. Although driving feels like second nature after you’ve had your license for years, it’s important to remember the basics in order to protect yourself and others from harm.

Read the following tips to makes sure you are driving safe in PA:

  • Follow the steer clear law. The steer clear law requires motorists to move over or slow down when they enter an emergency scene or approach a disabled vehicle. Failure to move or slow down can result in the fine of $250. Fines for traffic violations are doubled in these areas. Avoid the fine and avoid harming yourself and others.
  • Use your headlights. Motorists are required to use their headlights whenever their wipers are in use due to weather conditions. According to JustDrivePA.org, motorists who do not follow this law can face fines between $25 to $100.
  • Remove snow and ice. By law, you are required to remove all snow and ice from your vehicle before you hit the road. Snow and ice falling from your car can result in accidents, injuries, or even death.
  • Watch the road. Be aware of others around you and keep all of your attention on the road at all times. Adjust your seats, mirrors, and climate controls before you start driving. Set your GPS while you’re still in your driveway before you embark on your journey.
  • Refrain from cell phone usage. Texting and driving is illegal in Pennsylvania and many other states. A single second that you avert your eyes from the road could result in an accident. Take the time to pull over and make a phone call rather than trying to multi-task behind the wheel. For the safety of you and those around you, your cell phone can wait.

Editor’s notes – see also some of Philadelphia’s Best Motorcycle Accident Lawyers in Pennsylvania for more information on relevant attorneys in the area.

Prevent accidents from happening by following these safe driving techniques. For more information and safe driving tips, contact the experts from Bucks County Driving Schools at 215-295-8003.

Pulmonary Embolism Caused by Yaz Birth Control

A pulmonary embolism is a blood clot in the lungs and can lead to a coma, heart attack, and even death. It is a serious condition and there has been a great deal of focus on the birth control pill Yaz as causing this harmful side effect. There are many Yaz lawsuits being filed across the country by women who have taken the birth control pill –not always for birth control, but to help with other conditions as well- who have suffered from a pulmonary embolism.

Increased Risk of Blood Clots

While Yaz is still being studied as to the root cause of pulmonary embolisms, it has already been proven that oral contraceptives increase the risks of blood clots in women by two to even three times compared to women taking other types of contraceptives.

Symptoms of a Pulmonary Embolism

Some symptoms of a pulmonary embolism include chest pain that may make you feel as though you’re having a heart attack. The pain may increase when you try to take a deeper breath or even cough. If you exercise, you’ll notice the pain increase as well, but it won’t diminish when you stop exercising.

Other symptoms of a pulmonary embolism include a cough that can produce bloody sputum, wheezing, a bluish tint to the skin, swelling in only one leg, or a rapid or irregular heartbeat.

None of these symptoms definitely means that a pulmonary embolism has or is forming, but you should visit a doctor immediately is she feels these symptoms coming on.

What Causes Yaz to be a Risky Birth Control Pill?

While Yaz uses many of the same ingredients that other birth control pills and oral contraceptives do, the ingredient that is in question is called progesterone. It is this progesterone, called drospirenone, that is being used exclusively in the Yaz form of birth control. This ingredient has been linked to an increased risk of blood clots among women who use it regularly.

What about Other Birth Control Pills?

There is certainly an increased risk of blood clots for women taking any form of birth control because of the fluctuating levels of estrogen that is in their system. However, given the number of recent Yaz lawsuits, there is a certain level of concern that should be measured with regard to Yaz itself and the Bayer Healthcare company that makes the drug.

Bayer Healthcare denies any such claims that their birth control medication Yaz causes pulmonary embolisms and base their refute on a claim that the risks of taking Yaz are no different than with any other oral contraceptive.

Currently, there are thousands of Yaz lawsuits being filed and as a result, the FDA has begun taking a closer look at the birth control pill. If you or someone you know has been taking the Yaz oral contraceptive, urge them to consider a different drug and check for any possible symptoms of a pulmonary embolism. If there are any possible symptoms, visit your local medical professional immediately.

 

5 Texas Pharmacies with Medical Malpractice Claims Filed Against Them

medical malpractice claims filedWhen you need to have a prescription filled, you might not consider whether the pharmacy you choose is the right one. After all, it’s easy to assume that all pharmacies are essentially the same and that it’s a simple procedure to fill a prescription. Yet there are many things that can go wrong between the time you leave the doctor’s office, hand in your prescription, and pick it up.

Reasons Why a Medical Malpractice Claim Could be Filed against a Pharmacy

There are a number of reasons why an individual may decide to file a medical malpractice claim against a pharmacy or pharmacist. Some of the reasons are due to misconduct while others are simple negligence.

Ultimately, though, it doesn’t matter what the reason because malpractice puts your health (or the health of a loved one) in jeopardy.

A pharmacy could have a medical malpractice claim filed against it because it refused to fill a prescription. Some pharmacists may refuse to fill a prescription because they don’t recognize or can’t find information in their system about a particular doctor, the individual doesn’t have insurance, or the pharmacist has a personal opinion about the prescription or the individual attempting to fill it.

If you have a legitimate prescription, by law the pharmacy must fill it. Anything short of that is considered malpractice.

A pharmacist may deliver the wrong prescription or dosage to the customer. This can cause potentially life threatening situations and is considered malpractice. Always make sure that you check the prescription and dosage against the label on the bottle.

One of the more challenging aspects of a pharmacist today is to cross check any and all files and information available about each customer who is dropping off a prescription. Some medications do not interact well and can be life-threatening. A pharmacist’s job is to ensure that certain prescriptions are not being taken with other medications.

Failing to check for this when information is available may constitute malpractice.

5 Texas Pharmacies Facing Malpractice Claims

Many pharmacies face lawsuits from time to time. It’s the nature of their business, but when a pharmacy follows protocol, procedure, and follow safety measures, the patient will know that he or she is getting the best care possible.

CVS, Walgreens, Target Pharmacy, Kroger Pharmacy, and United Medical Center Pharmacy are just a few pharmacies that have or have had medical malpractice claims filed against them. Does this mean that you should avoid them for filling your prescription? No, but it means that in any pharmacy, whether it’s a small mom-and-pop operation or major chain, you should do your own due diligence before stepping out of the doors with your prescription filled.

Check your prescription, ask your doctor as well as the pharmacist what drinks, food, or other medications you should avoid while taking the prescribe medicine, check with the state board on the pharmacy to ensure that its licenses are up-to-date and read every label carefully.

If you feel as though you’ve been treated unfairly, been denied service, or suspect negligence, report it immediately.

When to Hire an Asbestos Lawyer

It’s a sad fact that more and more people are being diagnosed with asbestos-related illnesses. Companies and construction firms regularly used asbestos up until the 1980s, and because many asbestos-related illnesses can remain latent for years before their victims begin to exhibit symptoms, several people who were exposed to asbestos while on the job or at home had no idea that they were sick until it was too late.

Qualified legal help can draw links between a person’s employment history and their asbestos exposure. High-risk occupations have included Navy yard workers, construction workers, painters, auto mechanics, electricians, power plant workers and hospital workers. Because asbestos was used in home construction, if a person ever performed a significant home renovation prior to 1980 where insulation was exposed, they were also at risk for asbestos-related illnesses. Several household products were known to contain asbestos as well, including products and materials that were fireproof or were otherwise related to fire safety. According to a Rand Corp. report, it is estimated that around 27.5 million people were exposed to asbestos through their occupation between 1940 and 1979.

Asbestos is so poisonous that even second-hand exposure to it could cause health complications in others. According to the National Institute for Occupational Safety and Health, family members of workers who were directly exposed to asbestos also have a high rate of mesothelioma cases. Asbestos dust can stick to clothes and even hair, which means anyone in close contact with someone who was exposed to asbestos or who washed the clothes of someone in direct contact with asbestos is at risk to develop mesothelioma.

If you think you may have been exposed to asbestos, it is important to get a thorough initial medical examination. Your doctor will need your help in compiling your medical and occupational history, and he or she may perform several diagnostic tests in order to determine whether or not mesothelioma is present.

People should hire an asbestos lawyer as soon as they are diagnosed with an asbestos-related illness. The state legal systems have imposed a strict “statute of limitations” that determines how long a victim has to file a personal injury claim or a wrongful death lawsuit. This period of time differs from state to state, and an asbestos lawyer can help to inform you as to how long you have to pursue legal action and what legal rights you have.

Mesothelioma lawsuits can take a long time to resolve, and they aren’t something that should be taken lightly. Many of the companies that are responsible for exposing their workers to asbestos either have gone bankrupt or have been bought out by other companies, which can make determining legal responsibilities difficult for anyone who is not a mesothelioma and asbestos law expert. Be sure to find a law firm that has extensive experience in dealing with asbestos and mesothelioma cases.

Being diagnosed with mesothelioma can be life-altering, and because mesothelioma can lie latent for 50 or more years, it’s likely that the number of reported cases due to negligent asbestos exposure will only increase. Make sure that you and your family get the compensation you deserve by acquiring the services of a good asbestos and mesothelioma lawyer. Most asbestos and mesothelioma attorneys work on a contingency basis, so you only pay for representation if you collect a settlement.

About the Author: Jeremy, an independent writer for LawyerLocator.com, with a particular interest in personal injury law.