Children and Brain Injuries

Brain Injury Law Firm

According to federal data, almost 650,000 children end up in emergency rooms each year because they have sustained a brain injury. The information that has collected by the Centers for Disease Control and Prevention (CDC) reveals that one in 30 children will suffer some form of brain injury before their 16th birthday. Even more alarming is that almost 35 percent of those children will end up with long-term or permanent disabilities from their injury.

Brain injury attorneys understand how frightening it can be for parents when children sustain an injury. When that injury is caused by the negligence of another party, you and your family deserve financial justice for the losses and suffering your child has struggled with. Contact a law office today to find out what your legal options may be and how we can help.

How Brain Injuries Can Affect Children

Young children are much more susceptible to brain injuries just because of the nature of their behavior and activity levels. But numerous studies have all concluded that children who suffer brain injuries can end up with serious side effects long after the injury has “healed.” These injuries can have long-term impacts on a child’s behavior, on their cognitive function, and even with their IQ. A child’s recovery from a brain injury can take years and can be delayed by other factors, including the child’s home environment and if they have certain genes.  

Infants, in particular, are more vulnerable to sustaining brain injuries in accidents. This is because their skulls are still developing and are still soft – hence the referral to a baby’s “soft spot.” An infant’s brain is quickly developing, and a brain injury can cause severe cognitive and other developmental difficulties.

Recovery from a Brain Injury

Research has shown that children who suffer mild to moderate brain injuries are twice as likely to develop attention disorders than children who have never suffered a brain injury. That risks spike to five times more likely to develop attention disorders for children who have sustained a severe brain injury.

As mentioned above, studies have shown that the home environment of a child who has suffered a brain injury can have a significant role in a successful recovery. The more stable the home is, the better odds for recovery are. In fact, it has been shown that a child with a severe brain injury who lives in a stable home environment will recover better than a child who suffered a moderate brain injury and lives in a poor home environment.  

It is suspected the reason for this difference in recovery is because a more stable home environment often means more access to medical treatments and care and therefore there is often a quicker response to seek medical attention.

Let a Brain Injury Attorney Help

If your child has suffered a brain injury because of another party’s negligence, you have the right to pursue legal action against that party. Contact a brain injury law firm Woodland Hills, CA offers today for a free and confidential case evaluation.

Thank you to our friends and contributors at Barry P. Goldberg for their insight into personal injury claims and children with brain injuries.

Why Is It Beneficial that Trusts Avoid Probate?

Memphis Probate and Estate Administration Lawyers

It can be difficult to know exactly how to construct an estate plan that will protect your family and keep your family from potentially destructive in-fighting. Thankfully, you do not have to determine the best ways to move forward alone. An experienced estate planning attorney will be able to help you decide which legal and financial tools will most directly benefit you, your family, your assets and your family’s future. And if you are concerned about the possibility of family in-fighting over your estate, your estate planning attorney will likely have one primary suggestion for you: consider setting up a trust.

Trusts and Probate: The Basics

When individuals pass away without first constructing legally enforceable estate plans, their assets pass through a legal process known as probate. The probate process essentially distributes the assets of a deceased person in accordance with the state’s estate-related regulations. This seems like a harsh way to deal with a lifetime’s worth of sentimental and potentially financially valuable property. But absent clear directions about how an estate should be managed, this process is really the only alternative the state can employ that is as broadly “fair” as possible.

One of the reasons why trusts are such an attractive legal and financial tool is that they are not subject to the probate process. They are constructed in such a way that the state cannot generally question how they should be managed. As a result, there can be little reason for in-fighting among loved ones overwhelmed by the process of probate – because there is no stress of probate associated with the management of trusts.

In addition to the benefit of avoiding probate, assets governed by trusts generally benefit from a level of privacy and control not possible when property is passed along by a simple will. For all these reasons and more, it may benefit you and your family to discuss the idea of creating a trust when you next speak with your estate planning attorney.

Estate Planning Guidance Is Available

If you have questions about trusts, probate or estate planning generally, please do not hesitate to schedule a consultation with an experienced estate planning attorney at your earliest convenience. Planning ahead for how your estate will be managed once you are gone can be an intimidating process. It is not easy to think about a time when you will not be able to provide for your loved ones in the ways you do now. However, by planning ahead and helping to ensure that your wishes are clearly stated, properly constructed and legally enforceable, you will save your loved ones from a great deal of stress after you are gone. And depending upon your financial circumstances, the ways in which you prepare your estate now may help to ensure that your loved ones are provided for long into the future.

Please consider scheduling a consultation with an experienced estate planning attorney today. None of us knows when our estate plans will become truly urgent business. And while it is not easy to begin the process of estate planning, working with experienced Memphis probate and estate administration lawyers will help to ensure that it is an effective and successful process in the end.

Contact Wiseman Bray, PLLC for their insight into estate planning and the benefits of avoiding probate.

The Importance of Physical Therapy Post-Accident

Catastrophic Personal Injury Attorney

Motor vehicle accidents cause a lot of wear and tear on the body. Some injuries are felt immediately, some injuries are not felt until much later, and some injuries could last you a lifetime. The idea of seeking physical therapy after you have been involved in an accident is the best way to recover as quickly as possible, and that is professional physical therapy. Which may not be accomplished by simple exercise.

The purpose of physical therapy is to assist the body, which is already a self-healing mechanism, in the rehabilitation process. Some injuries sustained after a motor vehicle accident require more physical therapy than others. Below are a few reasons you should pursue physical therapy after a motor vehicle accident.

  1. Sometimes there is no way to determine how long an injury may last. By going through physical therapy, you are increasing the likelihood of the injuries you have sustained not lasting as long as they could have. Physical therapy has shown to change predicted outcomes as it pertains to injuries after a motor vehicle accident.
  2. Without physical therapy, it is likely you will not heal at all. You may even potentially worsen your injuries. Physical therapy not only helps make recovery possible, but it allows recovery to come sooner than later.
  3. While you endure pain in the midst of recovery, by deciding to go through physical therapy you are giving your body the chance to not feel as terrible. As you progress in your rehabilitation, what once was extremely painful will hurt less. When your physical therapy is specific to the injury and the area of your body that has suffered pain, by healing faster pain will also reduce faster.
  4. Several people suffer injuries that may only be resolved by surgery. However, in the event that surgery is not detrimental to your healing, physical therapy is a natural way to allow your body to heal itself without undergoing the knife and being left with extremely high medical bills and more time off from work.
  5. When pursuing a personal injury claim, any efforts made to rehabilitate will increase your chances of a winning settlement. With a medical professional providing notes to opposing counsel and insurance companies about your efforts and the extent of your pain. This is also proof that you are trying to heal, and not remain in a place of suffering and pity.

If you or someone you know has been involved in a motor vehicle accident and is currently seeking physical therapy, speak with a skilled catastrophic personal injury attorney Decatur, GA to assist with all of the back end work while you or your loved one is on the road to recovery.

Thank you to our friends and contributors at Andrew R. Lynch, P.C. for their insight into personal injury cases and the benefits of physical therapy for car accident injuries.

 

Baby Spinach Recalled Over Salmonella Concerns

Defective Product Injury Lawyer

Several products with baby spinach have been recalled due to salmonella fears, reports the Food Safety News.

At the end of January, Whole Foods Market announced the recall of various prepared food items with baby spinach across eight states due to possible salmonella contamination. This move was in connection to a previous recall of mesclun and baby spinach by the Satur Farms in Cutchogue, New York.

On January 23, Satur Farms started its recall after routine sampling done by the New York State Department of Agriculture and the Florida Department of Agriculture. At this time, it’s not known if the farm supplied the affected baby spinach and mesclun to other companies.

The affected products from Whole Foods include wraps, sandwiches, salads, pizza, and prepared bowls. The items were sold in stores in Rhode Island, New York, New Jersey, New Hampshire, Massachusetts, Maine, Florida, and Connecticut. So far, no illnesses related to the tainted spinach have been reported.

Products in the Whole Foods recall will have their scale label. Customers who bought items with baby spinach from the store’s hot or salad bars are also being asked to discard those products. In Florida and New York, tainted products were sold in plastic clamshell packaging and have the Satur Farms name on them.

Salmonella is a bacteria that can cause a serious and sometimes fatal infection in older or frail people, young children or people who have weakened immune systems. People infected with this bacteria often suffer from fever, stomach pain, vomiting, fever, nausea, and diarrhea. In some area cases, a salmonella infection can lead to the bacteria getting into a person’s bloodstream and producing other illnesses, including arthritis, endocarditis and arterial infections.

There have been several recalls due to possible salmonella contamination in the news lately. The Food and Drug Administration recently issued another warning about the sesame seed-based product tahini from Israel-based company Achdut Ltd. This recall was first announced in November, and illnesses have been reported. Since the products had a long shelf life through 2021, the administration fears people may still have tainted items in their homes.

Meanwhile, General Mills has announced its second recall of flour in the last two years. Gold Medal brand unbleached flour in five-pound bags has been recalled because the company found salmonella in a sample. They are asking people to toss the flour, which has a best-used-by date of April 2020. Back in 2016, General Mills had to issue a 45-ton flour recall because of an E. coli outbreak. In that outbreak, there were 63 confirmed cases of illnesses reported between the end of December 2015 and the early part of September 2016. The Centers for Disease Control and Prevention finished their investigation into that outbreak in September 2016 but announced at that time that more people were likely to become ill because of the long shelf life of the flour.

Tainted food can cause illness, disease and even death in some cases. If you’ve been affected by a defective or dangerous item, speak to a defective product injury lawyer.

Thank you to our friends and contributors at Richard J. Banta, P.C. for their insight into personal injury claims and food poisoning and recalls.

When Should You Call a Lawyer About an Insurance Claim?

Personal Injury Lawyer

The short answer to this question is when you think the lawyer can effectively help you. What does that mean, though? It means different things to different people, and for good reason. One person’s routine claim that does not require any legal intervention is another person’s nightmare that requires a team of lawyers. Here are some questions to ask yourself if you are thinking about contacting an attorney about an insurance claim.

How much money are we talking? This question is not posed for the cynical reason that in the end, everyone is in business and needs to make money. This question is actually looking to the overall value of your claim and whether expending resources on an attorney will be cost effective in reaching that goal. For example, if a claim is for less than $10,000, does it really make sense to hire an attorney who may charge up to $3,000 to recoup that money? For some people it does and for others, it is not worth it.

Is the question of liability complicated? If the person who caused the accident is almost entirely at fault for the accident, then there really isn’t that much for an attorney to do in this situation.  If it is clear that but for the raging hurricane force winds, the damage to the property would not have happened, then again, escalation is probably not required. On the other hand, if there are numerous factors that are present, anyone of which might tip the scale of liability in a given direction, this might call for a more nuanced and thorough review by a skilled attorney.

How many parties are potentially involved? This is where the question of liability can become really complicated really quickly.  In the more complex tort cases, such as products liability or truck accidents, the number of parties involved can balloon depending upon where the fault lies. For example, it is not unheard of in a products liability case for the manufacturer, numerous sub-contractors, independent contractors, other related third parties, and employees to be implicated.

This is not to say that a routine two car accident does not require a closer level of inspection. It is possible that the real cause of that accident was not driver error, but some defect in the car, such as a poorly performed brake job the day before.  It is worthwhile to investigate this even when the accident seems routine.

How well is the insurance company working with you?  If you find that despite your best efforts, your insurance company is not dealing fairly with you, it may be time to call in an personal injury lawyer Delray Beach, FL trusts to help.  The attorneys who work for the insurance company do just that – work for the insurance company. They are not your attorney nor are they obligated in any way to give you advice. Their job is to protect the insurance company. So, lawyering up can have a substantial benefit in your negotiating power.

Even if you are unsure if an attorney can help you with a claim, it never hurts to ask.

 


 

Thank you to our friends and contributors at The Law Office of Eric H. Luckman, P.C. for their insight into personal injury cases and insurance claims.

Car Accident Injuries That are More Serious Than You May Think

Car Accident Lawyer

Being part of a car accident can be so stressful. The incident itself can be terrifying, and then there’s insurance to deal with in the days afterwards. Many people can forget the importance of seeing a doctor right away, as they are dealing with insurance companies, repair shops, employers, and more. If you are having trouble and need support after a car accident, you can turn to an attorney for guidance. We understand how a vehicle collision can impact your life in many ways, including your funds, health, and employment.

We encourage people who were recently victims of car accidents to meet with a doctor if they have not already. Injuries related to a car collision can be much more serious than you think.

Knee Injuries

There are several ways a knee can get damaged in a car accident. The driver or passenger may be thrown forward against the steering wheel or dashboard in such a way that the knee endures direct trauma. The knee cap may shatter, cartilage can get damaged, and knee meniscus may tear. Knee cap injuries can be extremely painful, requiring surgery for very severe cases. How badly a knee is injured may not be obvious immediately, as inflammation may need to go down first.

Shoulder Injuries

Most people understand that neck and back injuries are common for car accidents. However, a nearby area that may be forgotten about are the shoulders. A seat belt only wraps across one shoulder, so a large portion of the impact is sustained on that side of the body. This force can lead to the shoulder getting bruised, strained or even sustaining tears of ligaments. Shoulder injuries do not often get better on their own, and may require surgery to repair especially if ligaments were severely shredded. An attorney recommends getting a doctor’s exam and treatment promptly, so a shoulder injury doesn’t worsen or become chronic overtime.

Brain Injury

Not all brain injuries are externally visible. A person may sustain a brain injury and not have any wounds or cracks on his or her skull. Because of this, the victim driver may assume no damage has been done. However, the brain may have started bleeding or swelling internally due to the impact. A person may go home after a car accident with a bad headache, but assume it will go away with rest and over-the-counter pain relief medication. Headaches can actually be a symptom of brain injuries, and emergency medical intervention may be needed before the condition worsens to critical levels. The treatment for a brain injury can be expensive, so we suggest keeping a file with doctor’s evaluations, hospital records, emergency bills, treatment costs, prescribed medications, and anything else related to the injury. These documents can be useful in calculating how much you deserve in compensation in for the car accident.

An car accident lawyer Chicago, IL offers can evaluate your situation and offer advice on how to not only seek justice but financial restitution for your injuries. Things may only get more complicated in the aftermath of a car accident, so please contact an attorney today.

 


 

Thank you to our friends and contributors at The Law Offices of Konrad Sherinian, LLC for their insight into car accident injuries and personal injury cases.

Personal Injury Claim For Minors

Personal Injury Lawyer

Personal injury claims are not just for adults that are involved in minor or major car accidents or slip and falls. Children are not excluded from being victims of a personal injury incident. In the event that a child under the age of eighteen is injured due to the negligence of another party or entity, their parent or legal guardian would be responsible for filing a personal injury claim. Even if the parent sustained injuries as a result of the same incident.

Much like any other personal injury claim, most states allow two years to file a claim. However, the two-year time limit does not begin until the child that was injured turns eighteen. While it is not wise to wait until the child is eighteen to deal with the personal injury claim, you are allowed in most states to do so.

Depending on the age of the child and the types of injuries sustained the pain and suffering for a child can last a lot longer than it may last for an adult, and potentially affect their full development mentally and physically. For example, a head injury on a child may have a longer lasting. If an infant child takes a blow to the head due to a fall, their brains are not fully developed and therefore are higher risk for lasting brain damage, or simply a head injury. The same goes for practically any injury that a child or infant suffers from. Their pain and suffering is more intense, and unfortunately some children cannot express their pain so it is best to seek medical attention immediately speak to a personal injury attorney.

Nothing hurts more than seeing a child in pain and not being able to do anything to make them feel better. If you or someone you know has a child that has suffered from a personal injury incident, no matter the type, talk to a skilled personal injury lawyer Dekalb County, GA offers that will understand the needs of your child and your needs as a parent. Although no amount of money can make your child’s pain go away, the financial burdens that can come from a personal injury are additionally devastating. In the event that these injuries are permanent, the financial burden will be permanent also. Talk to an attorney to see what the options are for you and your loved one.

 


 

Thank you to our friends and contributors at Andrew R. Lynch, P.C. for their insight into personal injury claims for minors.

Steps To Take When Filing a Medical Malpractice Claim

Personal Injury Lawyer

If you believe a doctor injured you while you were under their care, your next step is likely to begin filing a medical malpractice claim. You can make these claims against any number of medical workers, including doctors, a technician, the hospital, or even a nurse. It is imperative to keep in mind that when you file a claim, you are setting out to prove that the defendant failed to provide you with the proper care or they treated you negligently in some way, and that another similar medical provider would have treated you in a different way. Below, you will find the steps you should take when you begin filing your claim.

What Are Common Examples Of Medical Malpractice?

There are several common examples of medical malpractice. Some of these are:

  • Birth Injuries. A birth injury can happen to the child or the mother. These may be spinal cord injuries, cerebral palsy, or nerve damage.
  • Misdiagnosis. A doctor can also misdiagnose their patient. Unfortunately, a misdiagnosis can lead to worsening of an illness, prescribing incorrect medications, and even death.
  • Surgical Errors. The surgical team may have left tools inside your body when they performed your surgery, and this can lead to further complications like infections and illnesses.

Seeking Help From an Attorney

While you can file a claim on your own, an attorney who has worked on previous medical malpractice cases can offer you valuable advice on what steps you should take before filing your claim. They can also gather the appropriate evidence to prove the medical professional acted negligently, and they can even provide outside, third-party experts to help strengthen your case.

Speak With the Medical Professional

In some cases, depending on the circumstances surrounding your visit to the doctor’s office, you may choose to first contact the medical professional involved to see if they can explain to you what went wrong. Remember, doctors cannot guarantee medical results or healing, however, if something is reversible, they may be able to correct a mistake without the need to file a medical malpractice claim. In other cases, they may refuse to speak with you, or it may be obvious that a medical claim is the best way to seek results.

Determine Your Statutes Of Limitations

There is always a certain time limit for bringing forth a medical malpractice claim. Your attorney can be particularly helpful in showing you how long your state allows you to file your claim after the injury occurred. If you do not file in time, you may unintentionally be giving up all rights to compensation for these injuries.

What If They Want To Settle Outside Of Court?

Many times, a hospital or the medical professional involved may wish to settle your claim outside of court. When this is the case, it is best to speak with your attorney before accepting any settlement. Your attorney can determine if the insurance company is giving you a fair settlement.

It can be scary taking on a medical facility or doctor when you believe you are the victim of medical malpractice, but this should not discourage you. Set up a consultation with a medical malpractice attorney Naperville, IL offers today who will work hard to get you the compensation you deserve after medical malpractice.

 


 

Thank you to our friends and contributors at The Law Offices of Konrad Sherinian, LLC for their insight into medical malpractice and steps to take for filing a suit.

What Happens When You Are Charged With Identity Theft?

Asset Protection Lawyers

When someone accuses you of identity theft, it can feel like your world has turned upside down. Identity theft is under the umbrella term “theft”, and it is a criminal charge where someone intentionally steals another person’s identity or personal data for their own gain. As with any other theft charge, if a court convicts you of identity theft, it could mean a permanent criminal record, jail time, and large fines. If someone recently accused you of identity theft, you may have many questions and you may want to know much more about identity theft, charges, and possible defenses. For more information on these items, please read below.

Is Identity Theft a Crime Like Regular Theft?

Yes, as with any other theft charges, the law considers identity theft to be a crime. This type of theft happens when one person knowingly and intentionally steals, compromises, or uses another person’s identity with the intent to use it for personal or financial gain. In fact, Congress passed the Identity Theft and Assumption Deterrence Act in 1998 to ensure that an identity theft crime is punishable as a felony.

What Types of Identity Theft Are There?

There are many different types of identity theft that someone may be accusing you of, but some of the more common types are:

  • Phishing
  • Internet fraud
  • Putting malware on someone’s computer
  • Stealing someone’s social security number
  • Stealing someone’s credit card, and
  • Check forgeries

Are There Different Types Of Penalties For Identity Theft?

Yes, there are many different types of penalties for identity theft, and depending on what the circumstances were surrounding the identity theft, the punishment will be different. Additionally, each state has their own specific laws that complement federal laws regarding identity theft. Some of the punishments might be:

  • If the value of the crime was less than $2,000—charged with a misdemeanor.
  • If the value of the crime was greater than $2,000—charged with a felony.
  • When the victim is elderly or a minor—the punishment is more severe.
  • If this is your third offense, regardless of the value someone accuses you of stealing—charged with a felony.
  • The potential for fines to exceed $5,000.
  • Payment of restitution.

What If You Didn’t Go Through With the Crime?

Even if you did not go through with the identity theft crime, the law still looks to see if there is a proven intent to commit fraud when a court decides to convict you. What does this mean? It means that if you initially set out to steal someone’s credit card information for your own financial gain, gathered the information, but never went through with using their information, a court only needs to see that there is provable intent.

What Should You Do When Charged With Identity Theft?

If someone is accusing you of identity theft, it is a very serious matter. It could mean a permanent criminal record, large fines, and time in jail. This could make finding a job or getting a home very difficult in the future. Don’t settle for representing yourself in court when someone accuses you of this crime. Instead, get an attorney for criminal defense in DC as soon as possible who can help you with your identity theft charge.

 


 

Thank you to our friends and contributors at The Law Firm of Frederick J. Brynn, P.C. for their insight into criminal defense and identity theft charges.

I was injured in a rear end collision, but I don’t know if I was at fault. Can lawyer help me?

Auto Accident Lawyer

In the U.S. the most common types of car accidents include rear end collisions, T- bone collisions, and head on collisions. The later two types tend to cause the most life threatening injuries because the typical impact points are close to the occupants of the car. Rear end collisions can also cause serious harm or death; however, determining fault in these collisions is often more complicated.

Who is At Fault in a Rear End Collisions?

When it comes to determining who is at fault in a rear-end collision, it will largely depending on whether or not the state in which the accident occured in is an at-fault, no-fault, or modified-fault state.

In general, liability will typically fall on the driver of the rear vehicle. This is because it is presumed the driver failed to adhere to his or her duties as a responsible driver by:

Failing to Pay Attention to the Traffic In Front – Had the driver been paying attention, they would have likely been able to stop before crashing into the car ahead.

Driving at a Reasonable Speed – If the driver was not going to fast, and driving at a reasonable speed, they should have been able to control the car and bring it to a stop beforehand.

Maintaining a Safe Distance – Ideally, there should be a distance of 1-2 cars in between the rear driver and the driver in front. This would allow the rear driver to control their own car and break completely before the collision.

These assumptions may pertain to a number of situations; however, there are some exceptions in which the front driver could also be liable. For example, you could be found negligent of a rear end collision if any of the following apply:

  • You slammed on your car brakes without any warning
  • You cut in front of a driver without giving them enough room
  • You were recklessly driving

Common Injuries Sustained in Rear End Collisions

Rear end collisions are not often fatal or life threatening, but they do tend to result in injuries that cause chronic pain and suffering. Furthermore, many of the injuries are difficult to prove which means you should seek immediate medical help, document everything, and contact a car accident lawyer. Common injuries include:

  • Whiplash
  • Soft tissue damage
  • Neck and back trauma
  • Muscle injuries
  • Facial damage

Protect Your Rights by Calling a Car Accident Lawyer

Rear end collision cases can be rife with challenges and hurdles; however, when you have a good car accident lawyer on your side, you can feel confident in knowing the insurance company will be less likely to take advantage of you or your confusion.

Let a Bethesda car accident lawyer investigate and strengthen your case; thereby, protecting your rights and interests.

 


 

Thank you to our friends and contributors at Cohen & Cohen, P.C. for their insight into car accidents and personal injury claims.