Personal Injury Lawyer

 

Finding yourself on the receiving end of an injury of any kind can lead to changes in your lifestyle. However, no casualty has the potential to lead to long-term consequences like a brain injury. Traumatic brain injury occurs when an event causes damage to the brain. The damage may vary, but the effects may be felt for awhile, or even a lifetime. Explore some of the facts about brain injury and the signs and symptoms you need to monitor.

 

Causes of Traumatic Brain Injury

An accident that causes a traumatic brain injury (TBI) may involve falling, getting in a fight, or being in a car crash. A TBI does not apply to damage caused by a stroke or something that happened internally. It almost always starts as some sort of impact to the head. In some instances, the head may not need to hit anything for the brain to be injured. The force of some accidents causes the neck to snap back and forth, forcing the brain to move around in the skull. The result of this rattling may be extensive bruising, swelling, and bleeding.

 

Signs and Symptoms of TBI

If you have never hit your head, you may not believe there is any cause for concern over a brain injury. However, understand that anything that causes the brain to bleed or bruise may eventually lead to a catastrophic injury. After you have been involved in an accident or event that may have caused a TBI, keep an eye out for:

• Extreme fatigue
• Change in speech (slurring words, difficulty with vocabulary)
• Memory problems
• Worsening headaches
• Nausea or vomiting

 

Degrees of Damage

TBIs range in severity from minor bruising to death. Things like minor concussions or bruising may resolve with little medical intervention. However, it is necessary to remain in touch with a doctor and follow up as directed. Sometimes a doctor may believe the brain will recover when it doesn’t. Other times, there is something else going on that doesn’t immediately show up, such as internal bleeding. 

 

Long-term effects of a brain bleed or swelling may result in paralysis, permanent brain damage and eventually death. If someone you love suffered a TBI due to someone else’s actions, such as a car accident, an attorney may help recover some of the costs associated with providing them with long-term care. Even if the damage is permanent and the chance of recovery futile, they still deserve a high level of care.

 

The brain is the hub of the body’s nervous system. It runs the show. Therefore, an injury to it may have serious consequences that affect every part of the body. A brain injury lawyer, like a brain injury lawyer in Orlando, FL, may be able to aid in helping your family get through the process of caring for a loved one.

 

Thanks to Needle & Ellenberg, P.A. for their insight into the facts about traumatic brain injuries. 

Riding a bicycle isn’t just a fun recreational activity. It’s also a means of transportation for many people these days. When you ride a bicycle to work and other destinations, you don’t have to worry about finding parking or paying for gas. While many cities have made an effort to create more bicycle-friendly environments, cyclists still risk getting injured by careless drivers. Here are some of the most common causes of bicycle accidents.

Opening a Car Door

Before opening their door in traffic, it’s important for drivers to first make sure it’s safe to do so. This includes checking for bicyclists that may be approaching their vehicle. Unfortunately not all motorists do this. If a door swings open quickly into the path of a bicyclist, they will either hit the door or hit other vehicles trying to avoid it.

Distracted Driving and Riders

It’s just as important for bicyclists as it is for drivers to keep their eyes on the road at all times. Unfortunately, too many bicyclists and drivers look at their smartphones while on the road. Taking your eyes off the road for even a split second can increase your risk of getting into an accident.

Making a Turn

A large percentage of accidents involving vehicles and bicycles occur during turns. When bicyclists are next to a vehicle, they often get caught in the motorist’s blind spot. Drivers who don’t look before making a turn can cut in front of a bicyclist and hit them.

Following Too Closely

Accidents can also happen when bicyclists and drivers follow too closely behind each other. If the bicycle or car in front makes a sudden stop, it can cause a rear-end collision. Bicyclists and drivers to leave plenty of space to make sure they have enough reaction time to avoid hitting the other person’s back end.

Speeding

It’s dangerous for both motorists and bicyclists to speed. Although bicyclists can’t ride as fast as cars, they still shouldn’t try to ride as quickly as they can. When bicyclists ride too fast, they won’t have enough time to react if a vehicle suddenly pulls out in front of them.

Harsh Weather Conditions

It’s wise for bicyclists to avoid riding during harsh weather conditions, but they can still get caught in an unexpected rainstorm sometimes. When this happens, they will have more trouble seeing what’s in front of them and are more likely to get into an accident. Rain can also make bicyclists less visible to motorists.

Were You Injured in a Bicycle Accident?

If you were recently injured in a bicycle accident that was caused by a motorist, you may be entitled to compensation. It’s important to speak to a qualified personal injury lawyer in Des Moines, IA about your case as soon as possible.

Thanks to Johnston Martineau, LLP for their insight into personal injury claims and common causes of bicycle accidents.

Motorcycle Accident Lawyer

Safety features in cars, including seatbelts and airbags, provide protection against injuries in certain kinds of collisions. Motorcycle riders have no comparable protection. They depend on a helmet and clothing to act as a safeguard against head injuries and road rash. Unfortunately, even the best gear can do little to prevent painful injuries in a motorcycle accident.

When motorcycle riders are injured because of another person’s carelessness, they are entitled to pursue compensation. The largest component of most settlements compensates injured motorcyclists for their pain, suffering, and emotional distress.

Compensation for Georgia Motorcycle Accidents

Georgia law endeavors to make accident victims whole. It does so by requiring the people who caused the injuries to compensate accident victims for their losses.

Substantial motorcycle accident injuries lead to substantial medical bills. Some riders have health insurance that will help them pay those bills. Others are uninsured. Even when motorcyclists have health insurance, however, they are billed for co-pay and deductible expenses that their policies do not cover.

Compensation reimburses motorcycle riders for their medical expenses. It also assures that they will be able to pay for future medical care that they will likely need. In addition, compensation covers the expense of coping with disabling injuries. For example, compensation may pay for wheelchairs as well as the cost of making a home wheelchair accessible.

When injuries prevent a motorcycle accident victim from working, compensation reimburses lost wages. If a disabling injury will reduce the victim’s ability to earn income, compensation should cover that lost earning capacity.

While those categories of compensation address economic losses, Georgia law also recognizes that accident injuries cause emotional losses. Compensation for pain, suffering, and emotional distress addresses those intangible losses.

Compensation for Pain and Suffering Caused by Georgia Motorcycle Accidents

While pain, suffering, and emotional distress are not tangible, they are undeniable consequences of accident injuries. Road rash, broken bones, and torn muscles cause intense pain. Motorcycle accident injuries often lead to long-term impairments that cause lasting pain.

Physical pain and disabilities produce emotional pain. The inability to lift a child, to play a sport, or to continue riding a motorcycle can be emotionally devastating. The inability to work after an accident impairs self-esteem. Motorcycle accident victims often suffer from depression or post-traumatic stress as a result of their injuries.

Georgia law recognizes that pain, suffering, and emotional distress deserve compensation. Accident victims cannot be made whole without that compensation. While money does not make pain go away, compensation helps to offset pain by improving the quality of the accident victim’s life.

Compensation contributes to emotional security by relieving disabled accident victims from the worry that they will not have the financial resources to cope with their disabilities. When activities like mowing the lawn would aggravate pain, compensation allows victims to avoid pain by hiring a landscaping service. Compensation can therefore be used to ease stress and make pain more tolerable.

Measuring Compensation for Pain and Suffering from Georgia Motorcycle Accidents

While financial losses can be measured, there is no formula for calculating the compensation that should be paid for pain and suffering. Pain affects every person differently. Some motorcycle accident victims cope with emotional distress more readily than others.

A motorcycle accident lawyer in Brookhaven, GA can rely on their knowledge and experience to place a value on pain and suffering. They keep track of the verdicts that local juries award in motorcycle accident cases. They compare a client’s pain to the pain described by other victims in injury trials. That knowledge creates a baseline that lawyers use to measure the compensation a motorcycle accident should receive for pain, suffering, and emotional distress.

Thanks to Butler Law Firm for their insight into personal injury claims and motorcycle accidents.

Car Accident Lawyer in Deer Park, TX

Your children are your top priority, and when they get sick or hurt, you want to do everything possible to help. If they suffer an injury as the result of another, you may want to look into getting help with paying for their medical care. How does the claims process work when a child is involved? Take a look at some of the top ways a child may suffer a personal injury, and also how to handle filing a personal injury claim to recover damages.

The Claims Process for a Child

When a child gets hurt, and that injury is the result of another’s negligence, you may have the right to file a personal injury lawsuit on their behalf. A minor under the age of 18 will be named in the suit, as will their parents. While the laws vary from state to state, this is the generally accepted practice in handling a lawsuit where a minor is a plaintiff. Consider some of the most common ways a child may suffer an injury due to someone else’s negligence.

Automobile Accident

The most common way a child suffers a traumatic injury is during the course of a car accident. Children who are not adequately restrained may be ejected or tossed around, suffering catastrophic injuries or death. Even when they are strapped in the right way, depending on the mechanics of the crash, they can wind up getting seriously hurt. Therefore, if you and your child are in a motor vehicle collision, you want to be sure they get checked thoroughly before writing off bumps and bruises.

Dog Bite

People may not realize how easily an innocent encounter with a dog might turn into a severe injury for a child. It is common for children to seek out animals, especially when at someone else’s home or the park. However, dogs can inflict a significant amount of damage in a short amount of time. There are also times when an animal who is not correctly restrained gets out and harms a child walking by or playing in an adjacent area. If the owner is negligent, you may have a case for negligence.

School Incident

Your child will spend a significant amount of time at school from daycare through high school. It is here they have a good chance of suffering some injury. The severity of which depends on the incident leading to the injury, but everything from scraped knees, broken bones, and traumatic injury may occur. These injuries, whether accidental or part of an overt violent act by someone else, may qualify in the personal injury category.

Contact a car accident lawyer in Deer Park, TX might be able to assist you with filing a claim for your child.

Call John K. Zaid & Associates for their insight into personal injuries and children.

Nursing Home Lawyer Houston, TX

When you move your loved one into a nursing home, you put them in the responsible hands of the nursing home’s medical care professionals. In a perfect world, you would expect the staff to treat your family members as if they are members of their own family, but unfortunately, this doesn’t always happen.

If you are suspicious about the going-ons in your loved one’s nursing home, don’t hesitate to contact an attorney at the first sign something is wrong. Here we have compiled an intro guide on what anyone should know about nursing home law in case you experience some situations you may be uncomfortable with.

Responsibilities of the Nursing Home

Under the 1987 Nursing Home Reform Law, there are specific requirements a nursing home must abide by when caring for their residents.  

• Having an adequate amount of staff compared to the number of residents in the facility
• Developing and enacting comprehensive care plans for each resident, including keeping and tracking their medical care and dietary restrictions
• Assessing and aiding in the specific needs of each resident as they come up
• Promoting each resident’s quality of life
• Ensuring the faculty is clean, liveable, and supervised at all times

Patient’s Rights

The rights of a patient can be narrowed down into two categories: quality of life and quality of care.

Quality of life means that the nursing home has the responsibility to provide care in an environment that is positive and enhances each resident’s life. From providing social activities to providing a clean bedroom and bathroom, these all add to a resident’s quality of life.

Quality of care entails that each resident is being cared for as they should be. If it has anything to do with a patient’s mental or physical health, it is classified under quality of care. For example, administering medications on schedule, providing a proper diet, and socialization.

Specific Examples of Nursing Home Abuse and Neglect

There are a lot of different examples of nursing home abuse and neglect, which is why it is imperative to be as vigilant as possible when visiting your loved one in their care facility. Look out for the following signs:

• Neglect: bedsores, weight loss, unwashed clothes, dry skin and chapped lips (due to dehydration), and bruises and scrapes.
• Emotional abuse: an unexplained and abrupt change in behavior, seclusion, depression, a sudden disinterest in doing activities that were previously enjoyable.
• Physical Abuse: similar marks in the same area of the body such as the ankles or wrist, severe fear of another resident or a care worker.

If you are noticing any of these symptoms, do not hesitate to contact a law firm today. Call the police if it is an absolute emergency, otherwise, come get help from nursing home lawyer Houston, TX relies on. A consultation is what you will need to seek clarity and next steps in your specific situation.

Contact John K. Zaid & Associates for their insight into personal injury claims and nursing home law.

Wrongful Death Lawyer in Houston, TX

When a wrongful death attorney, like a wrongful death lawyer in Houston, TX, agrees to represent the family of a victim who was killed in an accident caused by another person’s negligence, there are steps the attorney may have to take to prove that the unexpected death of the victim was due to someone else’s actions. Whether the accident was a vehicle accident, premises liability, product defect, medical malpractice, or some other type of claim, the following are different pieces of evidence that an attorney can utilize to prove their case.

Accident Reports: In any type of vehicle or mass transit accident where there has been a loss of life, there are two different reports that should be available. The first is an accident report and the second is a more detailed fatal accident report. A wrongful death attorney will obtain those reports immediately upon taking the case. These reports often provide indicators of other evidence the attorney may find useful in their case.

Emergency Call Records: Under the Freedom of Information Act (FOIA), citizens can request all recorded calls that come into 911 emergency call centers. All of these calls are digitally recorded, making a reproduction of records request fairly easy. These recordings often provide wrongful death attorneys with important evidence which can help prove their case, such as witness names and statements. In some states, names and other information may be protected, but an attorney can file a subpoena to request that information once the wrongful death lawsuit has been filed.

Event Recorder: If the accident involved a commercial vehicle or mass transit vehicle, there should be an event record which will contain vital information about what was happening leading up to the crash. An attorney may be able to obtain information about the speed the vehicle was traveling, any use of a horn, when braking occurred, and other critical information. Because there is always the risk that the at-fault party could destroy this information, it is critical to move quickly with your claim so the attorney can file the necessary legal documents to ensure these records are preserved.

Investigators/Experts: Depending on what type of accident took place, a wrongful death attorney may also consult with accident investigators and other experts in order to have them visit the site of the accident. It is important to obtain photographs of the scene as soon as possible in order to capture the conditions that existed when the accident occurred.

Autopsy: Whenever a person dies from apparent accidental death, or if there are questions regarding the circumstances of the death (such as in a malpractice case), it is crucial that a family member request an autopsy if the state is not automatically performing one. There can be important evidence that will help prove the case, as well as show the intense trauma the victim suffered before they died.

Contact a Wrongful Death Attorney Today

If you have lost a loved one due to the actions of someone else, contact a lawyer today to find out what legal recourse you may have against the at fault party.

Contact John K. Zaid & Associates for more insight into wrongful death.

Birth Injury Lawyer Houston, TX

Both mother and child must be kept safe throughout the process of pregnancy, labor, and post-delivery. If the doctor or medical personnel fail to provide proper medical care and attention during this time, it can cause the baby birth injuries or even death. Any parent who has a gut feeling that his or her doctor make a crucial mistake, may want to seek guidance from a legal professional. These matters are very sensitive, as it can be devastating to find out the doctor you relied on had failed to uphold his or her duty.

Parents who are suspicious that negligence or misconduct occurred at any stage during the pregnancy or delivery, may wonder what they can do to take action if a doctor or other personnel committed a tragic error.  

Q: What is one of the leading causes of birth injuries?

A: Delayed birth is one of the most common reasons why birth injuries happen. Sometimes, doctors do not respond to signs of labor with as much urgency as they should, or take too long to finally decide that an emergency c-section is needed. When the baby undergoes pressure associated with delivery for as long as 20 hours or more, there may be signs of fetal distress including:

• Decreased movements
• Rapid heart rate
• Slowed heart rate
• Excessive vaginal bleeding
• Placental abruption
• Low amniotic fluid levels
• High amniotic fluid levels
• Extreme cramping

Q: How can oxygen deprivation happen during labor?

A: Many brain-related birth injuries are associated with oxygen deprivation during delivery. These injuries can be mild or severe, to where symptoms last temporarily or forever. A baby enduring external forces such as a prolapsed umbilical cord, or internal forces such as underdeveloped lungs, may become severely impaired both physically and cognitively. The treating doctor and medical staff must strictly monitor the mother and baby’s heart rate and oxygen level, to prevent against a life-threatening situation from arising.

Q: What if I had an infection during pregnancy?

A: Infections during pregnancy can be dangerous to the baby, as it can cause problems such as hearing loss, learning difficulties, visual impairment, and more. Your doctor is responsible for performing regular checkups and running diagnostics to identify if you have any infections that need treatment during pregnancy. Here is a list of infections that can harm the fetus if not treated properly and in a timely manner:

• Chicken Pox
• Bacterial Vaginosis
• Cytomegalovirus
• Chlamydia
• Chikungunya
• Parvovirus
• Flu
• Gonorrhea
• Herpes
• Group B Strep
• Hepatitis B
• HIV
• Syphilis
• Rubella
• Listeriosis
• Zika Virus
• Urinary Tract Infection
• Trichomoniasis
• Toxoplasmosis

Q: I think my doctor made a mistake, should I file a report to the hospital?

A: Before submitting a complaint to the hospital that treated you during pregnancy and/or delivery, you may want to confide in a birth injury lawyer Houston, TX trusts at John K. Zaid & Associates. The reason for this, is because if the hospital finds out about a potential lawsuit they may try to hide any related evidence before you have a chance to access it.

Brain Injury Lawyer Houston, TX

A traumatic brain injury (TBI) typically happens when the victim suffered blunt force trauma to the brain. When the head is rapidly and suddenly hit by an object, blood vessels and brain tissue can become severely damaged. Depending on how the brain injury occurred, the victim may have mild to critical symptoms that require urgent medical care.

An attorney suggests that any person who thinks they may have a brain injury, gets emergency medical attention right away. They understand the immense financial and physical toll a brain injury can have on a person and can assist as you seek justice and compensation from the person responsible.

Symptoms of a Traumatic Brain Injury

Perhaps the most common symptom of a traumatic brain injury is loss of consciousness for several seconds, or up to a few minutes. Those who have an unrelenting headache in combination with nausea and/or vomiting, may want to head to the nearest hospital without hesitation. Even mild brain injuries that go untreated may eventually turn into dire conditions. Prompt medical intervention can be the key to recovering from a brain injury. Here are examples of more symptoms a person with a traumatic brain injury may experience:

• Ringing in ears
• Blurry vision
• Feeling lightheaded
• Confusion and disorientation
• Unstable equilibrium
• Bad taste in mouth
• Newly developed insomnia
• Trouble waking up
• Odd sleeping patterns
• Mood changes
• Poor concentration

Treatment Options for Victims

The most mild brain injuries may only require rest, while more serious conditions may need emergency surgery. Medical personnel are likely to focus on stabilizing the brain injury victim and prevent further damage from being done. Emergency care upon intake may include proper oxygen supply, adequate blood flow, blood pressure control, imaging tests, a CT scan, skull/neck x-rays, and more. Once stable, the patient’s treatment may involve rehabilitation, physical therapy, social support, prescription medication, speech therapy, and occupational therapy. Try to maintain documents related to your condition and what you paid out-of-pocket for, as this can help your attorney fight for a compensation that covers your current and future expenses.

When to See an Attorney

If you or someone you care about has suffered a brain injury due to another party or individual, then please reach out for a free consultation from a brain injury lawyer Houston, TX offers at John K. Zaid & Associates. They can represent you during negotiations and court hearings, help you gather supportive evidence, advocate for your health, provide legal insight along the way, and much more.

Nursing Home Abuse Lawyer

Was your loved one abused in a nursing home? If so, now may be a good time to consult a nursing home abuse lawyer.

Elderly men and woman deserve to be cared for and respected. No elder deserves anything less, especially to be abused by the very people who are supposed to be offering this. When you find out your loved one has been mistreated or harmed, there may be legal options. Reaching out to a nursing home abuse lawyer should be your first step. With a lawyer on your side, compensation for any related losses may be obtained. You risk nothing when you call a lawyer, except a fraction of your time. Your loved one is worth it.

Abuse and Neglect in Nursing Homes

When you place your loved one in the care of a nursing home or assisted care facility, you have the natural right to expect they will be properly attended to. Sadly this does not always happen. The following are the most common types of abuse and neglect nursing home abuse lawyers handle in claims and lawsuits.

Physical Abuse

It’s not easy to imagine doctors, nurses, assistants, or other staff members harming an elder; however, it does happen. When any kind of physical force result in injury, harm, or pain it may be considered physical abuse. Examples include:

• Bruising on the body
• Restraint marks
• Broken bones and sprains
• Burn marks
• Force feeding

Mental Abuse

Although it might not leave any physical scars, mental abuse can cause permanent harm in addition to depression, withdrawal, anxiety, and lowered self-confidence. Examples of mental abuse include:

• Threats
• Isolation
• Insults
• Put-downs
• Emotional manipulation

Neglect

As a nursing home abuse lawyer might explain, neglect is one of the most common forms of mistreatment. When any staff members of the facility fail to provide care and treatment that is expected, it may be considered neglect. Examples include:

• Failure to keep the elder bathed
• Failure to diagnose an illness
• Failure to treat the elder
• Failure to provide medication to the elder
• Chemically restraining the elder

Sexual Abuse

Sexual abuse does happen at nursing home facilities throughout the U.S., and may occur whenever a patient is forced into any type of sexual activity that is against their will.

Financial Abuse

Although more difficult to notice, a financial abuse claim can also be pursued by the elder or their loved ones. Examples include:

• Missing money
• Missing items
• Forged checks
• Forged social security income
• Unknown financial transactions
• Abrupt changes in wills, estate plans, or deeds

Do You Suspect Nursing Home Abuse?

If you believe an elderly person is being abused in a medical facility, please call an elder care abuse lawyer Phoenix, AZ turns to today.

 

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Thank you to our friends and contributors at Rispoli Law, PLLC for their insight into nursing home abuse.

Auto Accident Lawyer Deer Park, TX

If you have filed a car accident claim, your insurance company may ask you to schedule an independent medical examination (IME). These exams are typically done by a medical doctor who has been chosen by, and works for, the insurance company. Usually they are required when the insurance company disagrees with what you doctor has diagnosed you with and any course medical treatment.

When our clients have to go to an IME, we often go over the process and explain what they can expect, and what they should and should not do. In general, it helps to have a car accident lawyer on your side.

Tips for Going to an Independent Medical Exam

There are things you can do during the exam and after to help protect your claim. The following are useful tips to consider.

Take a Friend or Family Member to the IME

Ask someone you can rely on to go with you to your IME. Be sure to explain what the IME is and what you want them to do. You can ask them to:

• Note the beginning and ending time of the exam
• What medical history questions are asked
• What other questions are asked
• What tests were performed
• How long the tests took
• Any other notable details

This individual could act as a potential witness just in case there are any arguments about the exam and its accuracy. It can also prevent the doctor from trying to intimidate you, which is unfortunately common.

Counter a Bad Report

Doctors who conduct IMEs work for the insurance company. This also means that they are generally not on your side and would like to please their employer. What they report back to the insurance company may include minimizing the extent of your injuries and the treatment you should have. It is possible to counter the doctor’s claims, and this is often what a car accident lawyer will do.

Get a Copy of the Report

You don’t have to discuss the report with the insurance company. In fact you should not do so, especially if you don’t have your own copy. It is possible the insurance company will provide you with portions of the report rather than the full version. You should make sure to get the entire report.

Point Out Inaccuracies

If you believe the report is inaccurate, untrue, or incomplete; and therefore, unreliable, you should make this known. In general, a lawyer will do this for you as long as you have retained one. Your own medical records may be used to contradict their own statements.

Ask a Doctor to Write You a Response

If your IME exam report is very negative or the insurance company is heavily using it against your claim, it may be a good idea to ask your doctor to review the report and write a letter that counters what the IME report is saying. Bare in mind that your doctor will likely charge you for this, so make sure to confirm the price ahead of time and think about whether it is worth the cost.

Ask About the Doctor’s Relationship with the Insurance Company

You can request how the IME doctor knows the insurance company, and how many referrals the company has given the doctor over the course of a 5 year period. You can also request the amount of money the doctor is paid and other valuable information. These details will almost certainly not be given to you by the insurance company; however, it does not look good if they refuse it.

Most importantly, don’t be afraid to ask an auto accident lawyer Deer Park, TX relies on at John K. Zaid & Associates for help.