Brain Injury Lawyer
When someone else’s negligence causes your injury, you need to consider whether the injury was severe enough to file a claim for compensation.
Those who have experienced minor injuries may only face minimal recovery time. However, when someone else’s negligence causes an injury like a traumatic brain injury (TBI) and you begin to suffer from depression, you may be entitled to financial compensation, as a brain injury lawyer in Houston, TX from a law firm like John K. Zaid & Associates, can explain.
Depression is not obvious like the loss of a limb or lost wages, and you may be wondering how you can file a claim for damages. Fortunately, an experienced brain injury lawyer can help you get the money you deserve so you can move on from your injury and begin to live fully again.
Determining Depression After a TBI
When someone else’s negligence causes you to suffer from a TBI, you should pursue compensation for your injuries. This might seem obvious for more physical symptoms, but you should keep in mind that you can pursue compensation for depression, as well. To determine whether or not you are owed compensation, you should determine whether or not you are suffering from depression – and if your depression can be traced to your injury. You might be suffering from depression after a TBI if:
- You begin increasing the number of drugs or the amount of alcohol you typically consume
- You have overwhelming feelings of sadness
- You are contemplating suicide
- You feel down or sad most days
- You do not have the same level of interest in your usual activities
- You have seen a doctor who has diagnosed you with depression
One of the most important steps you can do for yourself (and your TBI claim) is to seek the help of a doctor as soon as possible if you begin noticing signs of depression after a TBI. A doctor can formally diagnose you with depression, which can help your case immensely.
Can I receive compensation?
Yes. If you have been diagnosed with depression resulting from a TBI that was caused by someone else’s negligence, you can work with a brain injury attorney to receive compensation. It is critical to have a medical professional diagnose you with depression and show that it is a direct result of your traumatic brain injury.
Don’t hesitate to reach out to an experienced brain injury lawyer. Recovery comes one step at a time, and with their help you can finally get back to living, instead of struggling with your injury.
Insurance Denial Lawyer
When you have been in an accident, you may be left to contend with insurance companies for the damages you are facing. Unfortunately, it’s not uncommon to experience challenges when attempting to obtain compensation for the injuries or losses you have experienced. Any insurance denial lawyer can tell you that it is common practice for insurance companies who attempt to mitigate your claim in attempts to retain as much of the compensation you may be entitled to. Because of this, you will certainly need legal guidance to secure your damages. If you have been the victim of bad faith on the part of an insurance company, an experienced attorney can help. Here are some frequently asked questions prospective clients often have regarding bad faith litigation:
What is bad faith insurance?
When you file a claim against an insurance company for the damages you have experienced, you expect them to provide you with the compensation you are entitled to. As an insurance denial lawyer in Houston, TX, from a law firm like John K. Zaid & Associates can explain, bad faith insurance practices occur when insurance companies refuse to pay for a legitimate claim that is made. This can occur when they:
- Refuse to pay a valid claim
- Misrepresent the insurance policy
- Use deceptive practices
- Pay you less than your claim is worth
What should I do if I believe the insurance company is engaged in bad faith practices?
If the insurance company you filed a claim with has engaged in bad faith practices, your first step should be to call a lawyer with experience in managing bad faith cases. Having a lawyer review your case is critical to move forward. Once they have confirmed that the insurance company acted in bad faith, they can work closely with you to gather evidence and strategize your case.
Do bad faith litigation cases go to court?
In some cases, yes. If your claim has been denied as the result of bad faith practices on the part of an insurance company, you may choose to file a lawsuit against the insurance company. When this occurs, you will require the legal services, primarily help preparing your case for litigation. If the insurance company in question has acted in bad faith, you have a right to file a lawsuit against them.
What can I expect from an Insurance Denial Lawyer?
It’s important to be aware that insurance companies are looking out for their own best interests. Unfortunately, some insurance companies do so by taking measures that allow them to avoid paying accident victims the compensation they are entitled to. Because of this, you will need skilled and experienced legal services:
- Experienced bad faith litigation lawyers
- Extensive resources to assist you in your case
- A professional working to protect your rights
- Professionals to take the lead in managing the complicated inner workings of your case
The last thing any person wants to deal with is bad faith on the part of an insurance company. When an insurance company greatly reduces your settlement, or denies your claim altogether, you need the legal experience that can help you navigate your claim. Contact an insurance denial attorney today to get started.
Auto Accident Lawyer
When they are responding to a real crisis, law enforcement and other emergency responders have a lot of leeway. They can do whatever is necessary to reach the scene of the emergency as quickly as they can. Most of the time, this is a good thing; when we want help, we want it right away. As a result, emergency vehicles can disregard speed limit signs, run red lights and stop signs, and drive against the flow of traffic. It’s not uncommon to see a patrol car or fire truck weaving the wrong way through streets in large cities.
How is this legal? An emergency vehicle’s lights and sirens are acting in place of other traffic signals. As an attorney, like an auto accident lawyer in Houston, TX, from a law firm like John K. Zaid & Associates can explain, it’s as if the vehicle itself is a new set of traffic rules and all the other drivers have to get out of the way. In fact, other drivers who fail to get out of the path of an emergency vehicle can be ticketed for failing to obey traffic rules, even if their driving was otherwise safe. Drivers must follow the “signals” created by the lights and sirens of the emergency vehicle.
Although emergency vehicle drivers are trained to proceed with caution and drive with high levels of skill, accidents still happen. Sometimes the accidents are caused by a careless civilian who ignores the sirens and lights; other times they are the result of negligence on the part of the emergency driver. Injuries in these cases are often much greater than injuries in ordinary accidents. Emergency vehicles can run lights and drive against the flow of traffic, making t-bone and head-on collisions more likely, with correspondingly higher rates of speed. And while a patrol car may not be any larger than the average passenger vehicle, fire engines and ambulances are much larger and heavier, making impacts with passenger vehicles devastating. The victims of an emergency-vehicle accident can suffer lifelong injuries.
After the smoke clears and the parties have received initial medical evaluation, they may be left wondering where to turn. Is it possible to sue the police? Is that even a good idea? What do they need to do?
Many people assume that if they were t-boned by an emergency vehicle in an intersection, the emergency driver is at fault. Unfortunately, that’s rarely the case. Anyone who enters the path of an emergency vehicle while it is responding to a true emergency is automatically “at fault” in an accident, because an emergency vehicle always has the right of way while responding to a crisis.
Even though police cruisers and other emergency response vehicles carry liability insurance just like any other cars on the road, these policies will only pay in cases of actual negligence. However, there may still be opportunities to recover for injuries. An expert car accident attorney will be able to obtain information to show whether a police cruiser was actually responding to an emergency or just trying to get somewhere faster than it should have been. They will also be able to identify whether the accident could have been caused by a third party, making the third party responsible.
Uber, and other ridesharing companies, have become immensely popular in the last few years as a safe means of going out and getting back home. With more Uber drivers on the road, the likelihood of getting in an accident with one continues to increase. You might wonder how an accident with an Uber driver is different than an accident with a private driver and what you should do if you’re injured.
What to Do in an Accident
Accidents happen every day across the country, and how you respond can determine if a claim you make later is successful. Regardless if you are another driver or an Uber passenger, you can react to an accident similarly to any other. Call 911 to get a police officer on the scene who can take statements from everyone involved and create a report that you can file for later use. Check for injuries and seek medical attention if you or anyone else is hurt. Get a way to contact the other driver or passengers, as well as their insurance information. Take pictures of the scene.
If You Are a Driver
If you were driving and got hit by an Uber driver, the insurance you can file a claim with depends on the scenario surrounding the accident. All Uber drivers still have private insurance, and most of the time you will likely only be able to file a claim with their own insurance to get compensated. If the other driver was actively working for Uber when the crash occurred, you are then covered under Uber’s $1 million policy for all injuries and damages.
If You Are a Passenger
As an Uber passenger who gets injured in an accident, you have a couple of options that are also dependent on the situation. If the other driver caused the accident, you will have to file your claim with their insurance. On the other hand, if your Uber driver caused the crash, you are covered under Uber’s $1 million policy for injuries. You can bring your claim against Uber to receive compensation that covers up to that amount.
Since Uber is such a large company with a broad coverage policy, it can be difficult to successfully make a claim with them unless your case is rock solid. If they refuse to pay you rightful compensation, you may want to think about hiring a car accident lawyer in Indianapolis, IN, like from Ward & Ward Law Firm, to learn about your options.
Many personal injury attorney workers have come across cases of nursing home abuse. A nursing home is a long-term nursing facility for all those who suffer from physical illnesses, mental illnesses, or emotional issues. These patients are placed in nursing homes if they have suffered from the neglect of their previous personal caregivers. Nursing homes are regulated by the authority more so than personal caregivers. Due to the higher regulations, these nursing homes hold the responsibility and liability in the event of any abuse, neglect and lack of care, negligence during employee screenings, lack of supervision, and even when the nursing home facilities are improperly looked after.
Rights of The Residents
The rights of the residents, at any nursing home, have been defined clearly within the law of every country. Any and every resident, who has been registered within their country’s federal Medicare program, are known to have a statutory right. This statutory right states that the residents are free from all verbal abuse, physical abuse, sexual abuse, mental abuse, and cannot be put in restraints for convenience or punishment. An important thing to note is that restraints can be used on the residents, only when the resident may pose a threat to themselves or others. Residents who are not registered by the federal authorities do not have this statutory right.
Identifying Nursing Home Abuse
While something like abuse can seem quite easy to identify for some, it may be rather difficult to identify by those who may be experiencing it and by those who may little to no awareness about this topic. This is mainly evident in those who may have some form of mental illness. Physical abuse, by the workers at the nursing home, includes any intentional act that causes trauma or injury to the resident, such as hitting, pushing, and many more. Acts such as verbal abuse, intimidation, and threats, fall under the category of verbal abuse. Exploiting the residents by manipulating them to gain money or favours, also falls under nursing home abuse.
Residents should also be able to understand the meanings behind the words neglect, assisted living, and negligent living, so that they may be able to identify abuse. Neglect is when a worker may have a sense of disregard for their responsibilities. This can show in the forms of carelessness, wilfulness, or indifference. Assisted living is when the elderly or the physically disabled are provided with care giving services, such as housekeeping, nursing care, and even prepared meals. Whereas, negligent hiring is a legal theory where the employed caregiver can be held liable for intentional acts of abuse or neglect.
For all those who may want to file a case for experiencing nursing home abuse, should contact a nursing home abuse lawyer in Kansas City, MO. These allegations are investigated using two methods, that are, medical examinations and interviews. Both of these methods are conducted by a third-party agency. Typically, the victim is placed under adult protective services. It is important for us to report the abuse that we are either experiencing ourselves or are witnessing as a third party.
Thanks to Royce Injury Attorneys for their insight into personal injury claims and taking action against nursing home abuse.
In the healthcare setting, choking is referred to as “acute upper airway obstruction.” While uncommon, the results of an obstructed airway can be catastrophic, so healthcare personnel must be trained and ready to deal with this dire emergency. In a healthcare setting, such as a hospital, nursing home, or group home, there are relatively few conditions or events that rise to the level of a dire emergency. Acute upper airway obstruction is one such circumstance. A delay in recognizing or in treating an obstructed airway or failure to use proper techniques to resolve an obstruction can form the basis for a medical malpractice lawsuit.
How a Medical Malpractice Attorney Can Help
An experienced medical malpractice lawyer, like a medical malpractice lawyer in Cleveland, OH, will continually review medical literature to familiarize themselves with medical standards of care, guidelines, and recommendations. For example, a recent article in the New England Journal of Medicine (NEJM) provides valuable information about acute upper airway obstruction, its causes, diagnosis, and treatment. In the setting of emergency medicine and trauma medicine, the initial assessment of the patient focuses on the ABCs — airway, breathing, and circulation. The ABCs must be working before further assessment of the patient since without adequate airway, breathing, and circulation, no other treatment will be effective. A good attorney will keep up with medical news by reading journals like this.
The NEJM article begins by saying, “[a]cute upper airway obstruction is a life-threatening emergency and requires immediate assessment and intervention with little margin for error…” Outside of the healthcare setting, we recognize that swallowing virtually any object can pose a choking hazard. However, in the healthcare setting, airway obstruction can occur due to internal events, such as inflammation or collections of fluid or pus that compress the airway.
Treating Airway Obstruction
Treating acute upper airway obstruction in a hospital or other healthcare facility requires prompt diagnosis and immediate assessment of the patient to determine the best way to intervene and resume ventilation. Treatment options depend upon the cause of the airway obstruction which might include croup, epiglottitis, Ludwig’s angina (swelling due to abscess or infection), angioedema, a tumor, a foreign body, or a hematoma. Other causes include obstructive sleep apnea, asthma, and inhalation injury following a burn. Finally, trauma to the airway from a penetrating or blunt force can lead to obstruction.
Brain Injury Due to an Obstructed Airway
When a patient suffers anoxic brain injury as a result of an obstructed airway, a medical malpractice lawyer will want to review all records surrounding the patient’s care and treatment. In addition, it is important to interview eyewitnesses including physicians, residents, nurses, and family members, since the medical record often lacks potentially critical details. Note that in the course of responding to an emergency like an obstructed airway, the medical record will not be prepared until once the emergency has resolved and the record keepers have an opportunity to collect themselves. The record may be prepared with a medical negligence lawsuit in mind so that key facts are omitted or altered.
Preventing Problems Caused by a Blocked Airway
Many inflammatory conditions, such as epiglottitis and anaphylaxis, can be easily treated or prevented altogether. The NEJM article recommends a stepwise approach, called an algorithm, for resolving a difficult obstructed airway. Common interventions include intubation, oxygenation, ventilation or — when those fail — surgically opening the airway below the level of the obstruction. Any time that an obstructed airway results in severe, permanent anoxic brain injury, the patient’s medical records should be carefully reviewed by an experienced medical malpractice lawyer.
Thanks to Mishkind Kulwicki Law for their insight into how medical malpractice lawsuits can be formed due to problems that come from airway obstruction.
If someone close to you has recently been killed as a result of someone else’s actions, you may be wondering if you have the option to file a wrongful death lawsuit. This kind of claim is meant to allow the loved ones of the deceased to receive compensation for their loss. However, not just anyone can file. Only certain people with the right relationship to the victim can file a wrongful death claim. This guide will answer all your questions about who can file.
Who Can File for Wrongful Death?
The answer to this question depends heavily on which state you live in. Each state has its own laws about who can and cannot file a wrongful death lawsuit. These individuals always have this right, regardless of the state:
- Parents of a minor victim
- Minor children of the victim
- Spouses of the victim
Then, in certain states, these individuals are also allowed to file:
- The extended family of the victim
- Siblings of the victim
- Parents of an adult victim
- Adult children of the victim
The first step in the process should be to determine whether or not you are even allowed to file. You can do your own research or speak with an attorney who specializes in wrongful death. If you cannot, you may want to work with a family member who is allowed to file.
What Can Be Claimed?
The matter of who can file a claim brings up another matter. In a personal injury lawsuit, all the damages claimed are losses the victim has suffered personally. However, in a wrongful death lawsuit, you are filing on behalf of the victim. This means that you can make claims based on the victim’s losses, but also for your own losses. These are the two categories that damages can fall into.
The damages that the victim suffered may include pain and suffering, medical bills, lost wages due to the injury, emotional distress, the purchase of medicine or medical equipment, and damage to property. The damage that the loved ones of the victim suffered may include pain and suffering, emotional distress, loss of companionship, loss of financial support, funeral costs, and burial costs. All of these damages can be claimed in a wrongful death lawsuit. Additionally, punitive damages may be assigned, which are meant to act as a punishment for the defendant.
You can learn more about what types of damages are likely to speak with an attorney, like a wrongful death law firm in Indianapolis, IN. This should be the first step you take.
Thank you to the experts at Ward & Ward Law Firm, for their insight into personal injury law.
Potholes can cause serious damage to cars, but they can also cause injuries to car occupants. Striking a pothole can cause a flat tire or axle damage that causes a driver to lose control of the car. Drivers often stop abruptly after hitting a pothole, potentially triggering a rear-end collision or pileup.
Even when a pothole does not cause a driver to collide with another car, potholes can lead to car occupant injuries. Research shows that potholes can trick impact sensors into deploying airbags. Car occupants can suffer serious facial injuries and hearing loss when airbags deploy.
Hitting a large pothole can produce the same force as a 35-mph collision. Even if airbags do not deploy, occupants who are wearing safety harnesses can suffer serious joint and neck injuries after a car hits a pothole. Occupants who are not wearing seatbelts may experience concussions, brain trauma, and other serious injuries.
Health Benefits of Seeing a Doctor Promptly
No law sets a time limit for seeing a doctor after a car accident. There are, however, time limits associated with bringing a claim for compensation. Most states also impose strict time limits on providing the government with notice of the claim. Injury victims can protect their rights by obtaining immediate advice from a car accident lawyer after they are involved in a pothole accident.
It is just as important to seek medical advice immediately after a car accident. Whiplash injuries might not produce pain until two or three days after the accident, but prompt treatment — even before the pain starts — can reduce the duration and severity of pain that the injury victim eventually suffers.
Head injuries can cause bleeding and swelling of the brain, but an accident victim might not realize that they have a serious injury until it is too late to prevent death. Delayed treatment of muscle and nerve injuries can cause them to worsen over time. An accident victim who tries to “walk it off” or who doesn’t want to miss work to see a doctor may end up with a long-term disability that could have been prevented with prompt treatment.
Settlement Benefits of Seeing a Doctor Immediately
While a negligence claim is typically made against the government when a pothole causes an injury, state and local governments usually purchase insurance for negligence claims. The insurance adjusters who handle the claims have an incentive to save money for the companies that employ them. For that reason, they look for excuses to avoid paying full compensation.
When an accident victim does not immediately visit a doctor, an insurance adjuster will often claim that the victim came up with the idea to make a false insurance claim. The longer an injury victims puts off medical care, the more likely the adjuster will be to argue that the injury is fabricated or resulted from something that happened after the pothole accident.
Insurance adjusters scrutinize medical records in their search for an excuse to deny full payment of a claim. They pounce upon any gap in treatment as evidence that the injury victim stopped seeking treatment because the victim recovered from the injuries. If a victim stops treatment, it is difficult to overcome the suspicion that the victim’s injuries had fully healed.
To maximize the opportunity to receive full compensation, it is important for pothole accident victims to visit a doctor immediately and to follow the doctor’s course of recommended treatment. If the victim cannot attend a treatment appointment, he or she should reschedule the appointment immediately. If physical therapy is painful or time consuming, the victim should still make a point of attending every session. When medical records show that injury victims did everything their healthcare providers asked them to do, it is difficult for insurance adjusters to claim that the victim is faking an injury.
Head trauma on the job can happen in several ways; you may be hit in the head by another co-worker’s equipment, or you might fall off a construction crane. No matter how mild or severe the injury, two things should happen: You should receive medical treatment as soon as possible, and you should follow up with a workers’ compensation claim.
What Is a Traumatic Brain Injury?
A traumatic brain injury (TBI) typically occurs in conjunction with a head trauma sustained after falling or being hit with an object. It is often common in construction, warehouses, delivery and other heavy physical labors.
A TBI, at best, is a mild concussion but could also be as damaging as a coma, a persistent vegetative state or fatal brain damage. Onset symptoms can include, but are not limited to:
- Dilated pupils
- Slurred speech
- Acute changes in behavior
Victims of TBIs may often experience chronic symptoms like difficulty speaking and processing information, impaired motor skills, loss of emotional control and fatigue. The medical costs of a TBI can be extensive, and the outcomes could last a lifetime. If even a mild head injury is sustained at work, it can be crucial to report it and get treatment to minimize effects and stay eligible for workers’ compensation.
Workers’ Compensation Eligibility
It’s simple. If you or a loved one suffers a TBI on the job, it’s usually eligible for worker’s compensation, right?
Right … but it isn’t always simple. Traumatic brain injury can be tricky because the signs may be subtle and often don’t appear right away. Perhaps worse, in the case of closed head trauma, the severity of the TBI can also be disproportionate to a seemingly trivial injury.
After suffering from head trauma at work, the incident should be reported to the employer, and a victim should seek medical attention immediately. Getting treatment is crucial to limiting the potential damage caused by a TBI. It is also vital to have a record of where and when the injury happened. If there is no record and delayed onset of symptoms, an insurance company may argue that an injury on the job did not cause the TBI.
Treating and managing the effects of a traumatic brain injury can last a lifetime, and the cost can be debilitating. If you or a loved one receives a head trauma at work, go to the emergency room, document the incident with the employer and follow up with a personal injury lawyer in Miami, FL.
Thanks to Needle & Ellenberg, P.A. for their insight into personal injury claims and workers compensation claims involving traumatic brain injury.
The desire to be ecologically conscious has led to an increase in the number of cyclists on the roads every day. Streets have become more congested with cars, and cities are becoming friendlier to bicycles. However, this can be a serious danger to pedestrians, who are more used to watching for loud, large cars than they are for the slender, quiet bicycles. A study by one college examined the prevalence of these bicycle-pedestrian accidents in light of the uptick in urban bicycle usage. The study, which focused only on New York, discovered that there are over 4,000 New York bicycle accidents involving pedestrians every year. These accidents can be serious enough to lead to hospitalization and even fatal in some instances.
Injuries Caused by Bike Accidents
Bike accidents can cause a variety of serious injuries to pedestrians. Although bikes do not have the same amount of momentum as an automobile, they have the ability to inflict severe harm on pedestrians. Broken bones, sprains, and serious contusions or lacerations are common results of these types of traffic accidents, but bikes can also cause traumatic brain injuries if the pedestrian falls at the wrong angle or strikes their head on something during the fall. These brain injuries can cause concussions, nausea, vomiting, dizziness, headaches, and seizures. They can even put a person into a coma or end their life if the injury is serious enough.
Responding to a Bicycle Accident
The steps to respond to a bicycle-pedestrian accident are much like those used to respond to an ordinary car accident. The first step is to take stock of everyone’s injuries and call for medical attention if necessary. Once that has been accomplished, it is important for the parties to exchange contact information and insurance details. The parties should also alert the police to file a report about the accident.
One of the largest differences between bicycle-pedestrian accidents and standard traffic accidents is their propensity to become hit-and-runs. Many cyclists do not understand that they have to remain at the scene of an accident like a motorist would, and even some of the ones who do know, choose not to. This can become even more complicated by the fact that most riders do not have license plates on their bikes, which makes them more difficult to identify. In these sorts of situations, the best option is to record as much detail about the cyclist as possible, maybe even speaking to witnesses to get more information, and then reporting the incident to the police along with the description.
If you were recently injured in a bicycle-pedestrian accident, contact a lawyer to find out how they can help. They can schedule a free case evaluation with a skilled personal injury attorney Des Moines, IA residents recommend, and determine what kind of financial compensation you may be entitled to. Call a law office today.
Thanks to Johnston Martineau, LLP for their insight into personal injury claims and bicycle and pedestrian accident injuries.