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Bicycle Accident Injuries

Unfortunately, Arizona has consistently ranked high in the number of bicycle traffic fatalities, compared to its lower population with other states. Bike riding, particularly among urban commuters is on the increase and this had led to increases in cyclists fatalities nationwide. The numbers of bicycle and pedestrian fatalities and injuries have risen across the country. The victim of a bicycle crash with a car or truck can be left with serious and permanent injuries. A bicycle accident lawyer can evaluate the causes of a bicycle collision, common causes of bicyclist crashes resulting in injuries or fatalities include: Drivers not seeing or failing to yield the right of way to bicyclists A vehicle turning left at an intersection A bicyclist side swiped by a vehicle changing lanes A bicyclist being rear ended by a distracted or impaired driver A vehicle turning right ahead of a bicyclist Distracted drivers, cell phone usage, texting are common reasons for inattention. Lack of bike lanes and marked crosswalks A personal injury lawyer can investigate the causes of a bicycle collision, evaluate who was at fault, and look into the possible insurance policies, personal or commercial that may be applicable. There may be liability coverage, a commercial policy, or underinsurance (UIM) or uninsured motorist (UM) coverage that may apply in a bicycle collision resulting in injuries or death. Each person’s claim is unique and different. Many factors are considered, what are the injuries, how long have the symptoms or disability lasted, are there permanent injuries? How have the injuries affected the injured person’s activities, employment, marital, or family life? How have the injuries affected the person’s enjoyment and quality of life? It’s interesting to know that there may be a claim by a bicyclist against the adverse party’s insurance carrier, and if that policy is not sufficient to pay the claim, the bicyclist’s underinsurance coverage, if he has any, may also be used to satisfy the claim. If the adverse party did not have insurance the bicyclist’s uninsured motorist coverage, if he has any, may be used to pay the claim. A personal injury attorney will take care of the communications with the adverse party’s insurance carrier, obtain the medical records and lost income documentation. The decision to hire a lawyer, like a bicycle accident lawyer Phoenix, AZ relies on, is essential because the adverse party’s insurance company is in the everyday business of protecting...
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Should I Bring a Personal Injury Claim for a Car Accident?

An experienced Philadelphia car accident lawyer at the Wieand Law Firm can help guide your decision on whether you should file a personal injury claim for your car accident. The decision will depend on factors such as, 1) who is at fault for the car crash, 2) the type of insurance that you have, 3) the damage that was caused by the collision and 4) your injuries and diagnosis. Who is Liable for the Car Accident? Your personal injury lawyer can help you determine who is liable for the crash. Liability depends on many factors and is often complicated. More than one driver may be responsible for the crash. In addition, third parties such as the City or State may be liable due to conditions such as defective roadways, potholes or guardrails, and improper street signage. Owners of property adjacent to the highway may be negligent if trees or shrubbery were improperly trimmed and blocked the view of drivers. For this reason, it is important to discuss the conditions of your accident with an attorney as soon as possible. You should never give a statement to an insurance company before speaking with an attorney. Insurance companies are notorious for trying to extract confessions of guilt from a driver immediately after an accident when they are most vulnerable. What Damages Were Caused by the Collision Car accidents range from minor fender benders to devastating collisions that cause catastrophic damages. The amount of damage and severity of injury also varies. Your car accident attorney will want to know how severe the damage was to the car as well as what injuries you sustained in the accident. These factors will have heavy influence on the value of the case. But how do you know if your injury “is worth bringing a claim?” This may depend on several factors which your lawyer can help you evaluate. For instance, in states like PA and NJ motorists often select a lawsuit “limitation” option when they purchase auto insurance. If you are bound by “limited tort” or “verbal threshold” you will need to have a serious injury or meet an exception in order to make a claim for pain and suffering. Full tort clients can bring a claim for pain and suffering even for relatively minor injuries, such as a sprained ankle or bruises. A claimant has a right to be made whole. Since we cannot...
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Medical Malpractice and Common Birth Injuries

Birth injuries and birth trauma are terms that usually refer to injuries that a baby suffers from due to complications throughout labor and delivery. Not all birth injuries result from medical malpractice. Whether it is from medical malpractice or not, when a baby suffers from a birth injury, they can have long-term complications and severe distress. Birth injuries can be anywhere from mild to severe and can range from small bruises to brain damage. Most birth injuries are not caused from medical malpractice. However, working with an experienced lawyer if you are concerned of medical malpractice can help you evaluate your specific incident. Common Birth Injuries Bruising and Marks from Forceps Subconjunctival Hemorrhage Severe swelling of the baby’s scalp Bleeding between a baby’s bone and the fibrous covering Facial Paralysis Klumpke’s Palsy and Erb’s Palsy Fractured Bones Brain Injury Causes of Birth Injuries During a difficult delivery, birth injuries are much more common. Factors that affect how difficult a delivery will be include: The size of the baby Size and shape of mother’s pelvis does not work to deliver baby vaginally Prolonged labor The position of the baby If a mother experienced complications during any of her births, it is important to make her doctors aware of this for any complications that could occur during future births. Medical Malpractice An error made by a medical professional can cause birth injuries, in addition to these errors increasing how severe or permanent an injury is. If a healthcare provider causes a patient to suffer from an injury due to their negligence, the patient can create a claim for damages based on medical malpractice. Errors that could be considered medical malpractice include Failure to react to bleeding appropriately Delaying ordering a cesarean section when it is needed Failure to recognize fetal distress Failure to recognize birth complications Failure to notice or respond to problems with the umbilical cord Improper use of vacuum extractors or forceps Administering Pitocin inappropriately How to Prove Medical Malpractice In order to have a strong medical malpractice case for a birth injury, it is important to be able to prove the following: There was a relationship between the child and the healthcare provider The healthcare provider violated providing the proper standard of care when providing care to the child Due to neglecting the standard of care, the child became injured Due to the injury, the child suffered from...
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What Does it Mean to Have a Traumatic Brain Injury?

A traumatic brain injury (TBI) can happen at any time, and in a variety of situations. Depending on your lifestyle, you may be more or less likely to be involved in an accident where your head was injured. Those who enjoy high-impact sports or adrenaline fueled hobbies, may be at an additional risk for a TBI. Victims who have suffered such an injury, may have plenty of questions and concerns about what to expect during recovery. A TBI can cause very uncomfortable and even painful symptoms that requires medical attention. If you or a loved one suspect a TBI has occurred, it is recommended that you go to the nearest hospital or call 9-1-1 for help. Here in this article, we have gone into further detail about what exactly it means to have a traumatic brain injury. Through a question and answer format, we have provided information about what the definition of a TBI is, common symptoms, and when you may want to meet with a legal professional. What entails a traumatic brain injury? By definition, a traumatic brain injury is a hefty external blow or impact to the head which can result in functioning impairments. A person who has a TBI may experience behavioral, social, mental, physical and/or emotional difficulties. In many cases, a victim may pass out from the blunt force for only a minute or two, or several hours. What are the most common symptoms of a TBI? The type and severity of symptoms associated with a traumatic brain injury can vary depending on the details surrounding the incident. A TBI can range from a mild condition, to more critical requiring immediate care. Postponing getting medical attention for any kind of brain-related injury can end in tragedy. If you suspect you have endured a TBI, medical care should not wait. Here is a list of the most common signs of a TBI condition: Disorientation Confusion Trouble speaking Difficulty understanding others Speaking too slowly or too quickly Blurry vision Seizures Trouble sleeping or waking up Depression Anxiety Moodiness, irritability Nausea and/or vomiting Tinnitus (ringing in ears) Eye muscle weakness Double vision Feeling “foggy” What should I do if another person caused my traumatic brain injury? If the accident which led to your TBI was caused by another person, you may want to consult with a personal injury lawyer Fort Lauderdale, FL trusts right away. Depending on your...
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The Car Crash Injury in Which Treatment Should Never Wait

When a car crash happens, victims may experience substantial financial loss as well as immense physical pain. The human body is just so fragile, in that it cannot withstand the blunt force of an intense vehicle impact. When a car accident occurs, our vital organs are particularly vulnerable to damage. It is important that a person who was in a car wreck gets seen by a doctor right away for a full health evaluation. One of the main conditions that should never have medical attention postponed, are traumatic brain injuries. Our brain is so vital to our body system that a suspected injury should be handled with a sense of urgency. Here in this article, we have delved into why exactly this is the case, and why you may want to consider meeting with a brain injury lawyer Miami, FL residents rely on. What exactly is a traumatic brain injury? A traumatic brain injury occurs when the head has suffered external force, so much so that it can lead to a temporary or permanent impairment of various mechanisms. A victim’s cognitive, emotional, physical, behavioral and social functioning can be affected. At the time of the brain injury incident, the victim may also become unconscious for several minutes, to a few hours. What are the signs of a traumatic brain injury that I should watch out for? Depending on whether you are suffering from a mild, moderate or critical brain injury, the symptoms can vary. If you believe you have hit your hit amidst the car crash, it is highly suggested that you get medical attention immediately. A brain injury can quickly become an emergency situation, especially if the brain has started to swell or bleed. Examples of brain injury symptoms are listed as follows: Intense confusion, disorientation Difficulty talking Trouble understanding others Speaking slowly, or rapidly Blurry vision Double vision or eye muscle weakness Intolerance of bright lights or loud noises Ringing in ears Changes in sleeping patterns Seizures Aggression, irritability Depression Feeling “foggy” Period of unconsciousness Nausea and/or vomiting What should I do if the other driver was at-fault for the car accident? The driver who caused the car accident due to driving irresponsibly may have to pay you restitution for your losses. Those who suffer a brain injury may have accumulated a steep pile of bills for diagnostics, treatment, medications, an ambulance ride, hospital expenses, and more....
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