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3 Differences of Brain Injury Cases

  Brain injuries can happen on the road, on the field and many more places that many would be surprised to consider. Many people assume that all personal injury law revolves around the same policies, however, brain injury differs in a few ways. Since brain injuries are particularly serious, they have to be treated much more carefully.   Here are some of the major differences that a brain injury case can bring: 1. Diagnosis of a brain injury can be difficult:   A head injury can range in severity from a mild concussion to a traumatic brain injury (TBI) which is much more severe. Sadly, you may not know how serious the injury is until you begin to experience more severe symptoms. Thankfully, doctors are able to figure that out much sooner due to updated medical technology. It still takes some time, though and it may take time to discover the exact cause of the problem and the best course of treatment. 2. A patient may be looking at a lifetime of treatment as a result of the injury.   Someone who has suffered a brain injury may need years of recovery if they’ve sustained serious damage. This means both physical and mental recovery. A serious injury may require in-home physical rehabilitation and a personal trainer. Years of hospitalization or lifelong assistance can be required in the most severe cases.   The mental effects may be equally as serious depending on the injury. Some TBI sufferers have major shifts in mood and personality due to the damage and often people undergo years of therapy in order to return to a state of ease. 3. There is much to lose in a brain injury case.   Personal injury law takes brain injury cases so seriously because it is one of the most serious types of injury someone can experience because of the long term effects and devastating impact it makes on someone’s life.   One of the effects of a more serious brain injury can be lifelong risk of seizure which can prevent a person from holding employment or driving as they had done before the injury. Sometimes the families of the injured are driven into bankruptcy and financial ruin due to the stacking medical bills. In the worst cases, the injured are unable to operate independently of others and may experience further emotional pain due to that loss of...
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Top Three Tips on Suits for Intubation Errors

Imagine this frantic scene at a hospital, “Code Blue!” Staff race to a patient’s side with a crash cart and in mere minutes the team must make decisions about whether to intubate or not. Intubation involves inserting a long tube down the patient’s airway to connect it to a ventilator. This blog will focus on three strategies for seeing if you have a basis to sue in this instance. Was proper “standard of care” policies followed by the facility or staff? Is there intentional infliction of emotional distress? In the past patients were given higher doses of anesthesia to guard against the risk of them waking up during a procedure (yet unable to move or speak). Now doctors try to avoid giving large doses of anesthesia due to risk of higher side effects. As a result, there are now more cases of “accidental awareness during general anesthesia.”’ This terrifying experience often results in Post Traumatic Stress Disorder or long-term psychological problems. Our third tip is explore whether your case of intubation was routine or if you had a medical issue that made risk of intubation error or injury higher. An overview will give more understanding into intubation in an easy to understand fashion. The procedure is complex, which can lead to serious problems from even a slight mistake. Injury to the patient’s airway can easily occur during many intubation procedures where a breathing tube causes harm when placed in position or removed. The following are types of errors that may occur: placement, cutting fragile tissue in throat with tube, overinflation of the tube. In some patients, intubation complications can be quite severe, based on other medical conditions and issues. Some of these complications include: ● The patient has had a previous tracheotomy ● The patient has developed other conditions from prolonged intubation because of existing medical issues ● The patient’s throat or mouth is small or abnormally shaped ● The medical professional or anesthesiologist lacks sufficient experience or training to intubate patients safely. Injury from complications of intubation may be minor or severe.Broad categories of some of these complications include: nerve damage, cardiac complications, respiratory issues, damage to cervical spine, infection such as pneumonia, damage to mouth or windpipe. While many of these complications are treatable, some cause permanent impairment and can even result in a preventable death. When negligence contributes to an intubation complication and the patient suffers...
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Damages

Being able to determine how much your personal injury case is worth can be the most difficult to figure out. There is a variant in almost every aspect, and even one receipt not kept could mean a difference in the amount of money that your case is worth, from medical bills to pain and suffering. What type of damages are considered? Being knowledgeable in the types of damages that are considered in a claim with the help of a personal injury attorney, will keep you organized and help your case move forward. Any medical expenses or care – You should immediately consult with an attorney once an accident has occurred. Insurance adjusters will count on the fact that the general person has no idea how a personal injury claim is conducted. Any hospital care or chiropractic treatment can be submitted for reimbursement.  If you had to have a brace for an arm, that is an expense that can be reimbursed. Both past and future medical expenses relating to the accident will be considered. Lost income – If you were out of work due to a personal injury accident and the insurance has accepted liability, you are entitled to be reimbursed for any income that was lost due to medical appointments or if you were written out of work for a time period. These will be verified by your employer or your taxes. Property damages – This would mean any physical property that was damaged as a result of an accident (i.e. Car or house). Pain and suffering – In some cases an accident can change your life. There is a long recovery with a lot of surgeries and appointments. Are you unable to hold your children the same way? Have you had to change your daily routine because of the negligence of someone else? These are all questions that can be answered and added in to the damages. Another point to take into consideration is the at fault percentage. Some insurance companies will negotiate the percentage of fault. If the accident was completely on their own insured’s shoulders or if there was maybe something that you could have done to prevent the accident from happening even if it was the fault of the other party. If you are having questions regarding whether or not something can be included as damages, find an attorney, like a personal injury lawyer Arlington...
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Will a wrongful death claim affect a decedent’s estate?

If a person dies because of another party’s negligence or intentional acts, the family members of the victim may have grounds for a wrongful death claim. Wrongful death cases can be complex and the laws often vary by state, so it can be especially helpful to hire an experienced wrongful death attorney. An attorney can file a wrongful death claim on behalf of the family members, and represent them throughout the case. Who Can File a Claim? Who is eligible to file a wrongful death claim may vary by state. In many states, it is required that a personal representative or the executor of the decedent’s estate file the claim. In this case, they can file on behalf of the family members and/or heirs of the Will. Other states allow the decedent’s surviving spouse and children, or close relatives, such as parents, siblings and grandparents, to file a claim. Additionally, any persons who were dependent on the decedent may be able to file a claim. Generally, the main requirement for a person to be included in a wrongful death claim is having suffered financial and/or emotional damages as a result of the decedent’s death. In most wrongful death cases, those seeking damages will join to make a single claim which will be brought by a representative. Common Damages A wrongful death claim gives the victim’s family an opportunity to recover damages suffered from the death. Though some damages may vary by state, some of the more common damages a family may be able to recover in a wrongful death case include: Funeral and Burial costs Loss of current and future earnings Loss of support, services and/or prospective inheritance Emotional distress suffered by the surviving family members Loss of consortium Medical bills if the victim was in the hospital Survival action damages can be sought on behalf of the decedent if the decedent did not immediately die from the injuries. These may include medical bills, pain and suffering and loss of wages while still alive Punitive damages can be sought in cases where the death was maliciously or intentionally caused. Distribution of a Wrongful Death Reward If a wrongful death settlement is awarded, the way in which it is distributed largely varies by state. In some states, the award will be distributed to the decedent’s estate. In this case, whether or not the decedent had a Will in place generally...
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What are my Legal Options as a Pedestrian Hit & Run Victim?

As a pedestrian victim of a hit and run, you are probably in physical pain and are likely emotionally impacted. You may be focused on that pain and the thought of filing for legal action was far from your mind. However, if your accident was the result of a negligent driver and you have sustained serious injuries, you should consider pursuing legal action. Here is an overview of hit and run accidents and the legal action you might pursue. What are Hit and Run Accidents? A hit and run accident describes a situation where a car hits a pedestrian, object, or another car and leaves the site of the accident without stopping to help the victim or exchange information. In some states, leaving the scene makes the accident a hit and run, regardless of who is at fault originally. One exception to that is if you leave to get assistance and return immediately after to the scene. Hit and run crimes can qualify as both misdemeanors or felonies. When the accident is classified as a misdemeanor, there could be a fine of up to $5,000 and possibly a year in jail. In the case of a felony, the driver has left a scene where a pedestrian or vehicle passenger. Fines for a felony hit and run could range between $5,000 and $20,000 as well as a possibility of incarceration. If the injuries are severe, you may face up to fifteen years in prison. In both cases, the driver at fault may risk license suspension or revocation. What Legal Process Follows a Hit and Run? There are a few legal options you can pursue. One option is to file a claim with the insurance company of the hit and run driver. You could even file a lawsuit against the driver for the damages you suffered from the accident. If a lawsuit is filed, you should ask for compensation for medical bills, property damage, lost wages and pain and suffering. As a Pedestrian Victim, Should I Hire a Lawyer? If you are the victim, you shouldn’t need a lawyer, right? That is not necessarily wise. It is possible for a victim to pursue a claim without legal assistance, but that is not advisable. You should consult a lawyer in any legal situation. It can be hard to prove a hit and run accident–that is one of many reasons to consult a...
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