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Personal Injury Demand Letter

Posted by on Mar 27, 2016 in Personal Injury | 0 comments

If you have decided to file for a personal injury claim against the other party involved in your car accident, then one of the considered important steps is the demand letter. The demand letter is the document that contains vital information about the accident and the medical treatment. It is vital that your demand letter is well-made because it also raises the opportunity of negotiating a settlement, and a poorly-written one can make or break a resolution to your personal injury claim.

A demand letter should be drafted after you have been released from your physician’s care or in another way have achieved a maximum point of healing. It is important to include the exact order of events that lead to the accident and other helpful information regarding the accident in order to inform the insurance company your own account of the events and provide them a brief look of the possible testimony they might hear should the case go to court. According to the Hankey Law Office, backing your version of events with police reports, witness testimonies and medical reports will help in establishing fault and that the reckless or negligent actions of the other party caused the accident.

Make sure that detail such as the severity of the injuries, medical expenses, lost wages, and other miscellaneous damages and inconveniences are clearly given and provided in your demand letter because this will dictate the amount of compensation or monetary demand you will ask from the insurance provider. The amount of monetary demand you will ask may have to be essentially higher than the expected recovery or compensation in order to allow for negotiation between parties.

Cerebral Palsy Info

Posted by on Oct 27, 2015 in Brain Injury | 0 comments

Raising a child experiencing cerebral palsy can be quite painful, difficult and expensive for any household. This brain disorder may either partially or fully remove a child’s capability to execute and actively be involved in fun-filled activities and, depending on the rigor of the ailment, a serious kind of cerebral palsy may definitely require medical care for rest of the child’s life.

Cerebral palsy is an umbrella phrase which is employed to describe several persistent and incurable brain disorders that hinder a child’s motor abilities, coordination, balance, and other capacities.

According to the website of The Centers for Disease Control and Prevention, over 500,000 children are currently suffering from this injury, which may be congenital or acquired in nature, and about 10,000 more get it every year. The issues related with cerebral palsy include issues with movement and reflexes, abnormal muscle tone, inadequate muscle development, misaligned joints, deformities in bones, extreme tiredness as a result of walking and move, difficulties in swallowing, vocabulary and speech, eating and breathing issues, learning disabilities, cognitive impairment and so on.

There are four major forms of cerebral palsy, each being based on the specific effects of the disorder:

  • Spastic cerebral palsy, which can be the most typical type suffered by patients has five sub-types which include: diplegia, where both thighs get impaired more generally than equally arms; quadriplegia, the most severe type of spastic cerebral palsy as it impairs all limbs; hemiplegia, which influence the limbs on a single side of the body; monoplegia, where only one limb is affected: and, triplegia which changes three limbs.
  • Athetoid cerebral palsy, Unconscious drooling or dyskinetic cerebral palsy, which will be characterized reflex and by gradual, writhing of the hand, arm or leg, along with athetoid cerebral palsy and facial grimaces.
  • Combined cerebral palsy is a mix of any two kinds of cerebral palsy in a patient. The most common combination, however, is athetoid and spastic.
  • Ataxic Cerebral palsy, which is characterized by difficulty in keeping motions that are wobbly or tremors and balance. A child suffering from ataxic cerebral palsy can be viewed as jerky or clumsiness.

Victims of medical negligence resulting in cerebral palsy have rights that may entitle them to receive settlement for the damages due to the injury. For better information, visit the website of the cerebral palsy lawyers of the Driscoll Firm.

Traumatic Brain Injuries: Common Causes and Symptoms

Posted by on Jun 30, 2015 in Brain Injury | 0 comments

A traumatic brain injury is a very serious medical condition caused by an external force that is applied to the head, leading to some significant damage to the brain. This external force can be created by a blow to the head, a fall, a car accident, or any other incident that will cause the head to hit a solid surface or cause a foreign object to penetrate the head through the skull.

Depending on the severity of the blow and the amount of force applied to the head, the damage caused by a traumatic brain injury can be temporary or permanent. With a temporary injury, the individual will experience dysfunction in certain areas of the brain and the bodily functions it controls or regulates and will slowly regain function after some time in recovery. With permanent damage, an individual can end up suffering from long-term complications such as paralysis and even brain death.

Following an accident, an individual might not be aware that he or she might be suffering from such a serious injury. Initially, traumatic brain injuries typically don’t show any concerning signs and noticeable symptoms. That’s why patients that have been in accidents that have caused them to hit their heads might walk away from the scene feeling fine, only to fall to more serious symptoms such as convulsions, seizures, and loss of consciousness after a few hours have passed. As such, it’s important to look out for early warning signs such as confusion, disorientation, dilated pupils, headaches, fatigue, drowsiness, and loss of balance and coordination.

Traumatic brain injuries that result from car accidents, slips and falls, and workplace explosions are often seen as the result of negligent or reckless behavior by another party. In these instances, it’s important for victims and their families to seek out legal counsel to receive the information they need about pursuing just compensation.

View more about brain injuries.

Pedestrian Accidents in Louisiana

Posted by on Apr 4, 2015 in Automobile Accidents, Deaths | 0 comments

It’s an unfortunate reality that accidents are a rampant occurrence in roads across America. As the website of lawyer N. Craig Richardson puts it, car and other road accidents are among the leading causes of injury in the country. The data gathered by the United States Census Bureau supports this assertion. In the year 2009, there were about 10.8 million reported cases of motor vehicle accidents.

A significant portion of reported car accidents involve pedestrian victims. In a separate report by the U.S. Department of Transportation, it was found that 4,743 pedestrians involved in car crashes have died in the year 2012. This alarming trend is also true worldwide. United Nations Road Safety Collaboration also reported that 22 percent of all international traffic fatalities involve pedestrians.

In Louisiana, pedestrian accidents remain a growing problem. Louisiana State University’s Highway Safety Research Group projects that the year 2015 could see up to 1,281 pedestrian injuries and 95 fatalities. According to the Insurance Institute for Highway Safety, pedestrian accidents tend to be more common in highly populated areas. Considering that Louisiana is among the most populous states in the U.S., it’s easy to understand why pedestrian accidents remain a pressing issue.

Despite its commonality, pedestrian accidents can be easily prevented. Among the most typical causes of these accidents include distracted driving, failure to yield at a stop sign or pedestrian cross walk, and over-speeding. The tragic reality is that most of these incidents are caused by recklessness and negligence on the part of the driver. If motorists are more careful about adhering to traffic rules and regulations, the growing number of pedestrian accidents could be diminished effectively.

Pedestrian accidents may be caused by a careless mistake by the driver, but it could lead to devastating consequences for the victim. Injuries incurred from such accidents include concussions, spinal cord damage, and internal trauma. The only way pedestrians can be protected from such outcomes is by holding reckless motorists accountable for their actions. If you are a victim of pedestrian accident, know that you have the option to pursue just compensation. Don’t hesitate to contact an experienced personal injury lawyer in the Louisiana area to learn more about your legal avenues.

What to Do After the Wrongful Death of a Loved One

Posted by on Feb 3, 2015 in Deaths | 0 comments

The sudden, unexpected death of a loved one can be one of the most heartbreaking things anyone could ever experience. One minute, your loved one could just be working on something at his desk or playing basketball when the unbelievably tragic happens and they’re gone. If this kind of circumstance is the fault of someone else’s negligence, you are warranted to seek justice for the life so wrongly taken from you.

Situations like these are often emotionally charged and families, friends, and beneficiaries are often left distraught at the loss. The website of the Abel Law Firm says that many people can be so shocked and stressed from the sudden loss that the mere idea of filing legal charges against the guilty party is swept under the rug and when remembered, it can be too late as there are deadlines that happen upon these kinds of circumstances. The time table is often immovable and the window of opportunity for you to move is limited.

However, you should not have to deal with this alone – that is why there are wrongful death lawyers who are dedicated into ensuring that you are well taken care of and that compensation that is rightfully due you is acquired. Should the death of the person be proven to be the cause of a guilty party’s negligence, compensation can be achieved for the funeral costs or medical expenses (if any), as well as charges for the loss of income, especially if the deceased were the sole bread winner of a certain family as that family must now suddenly seek other means in order to achieve financial stability. If the act that had led to the death of the deceased is proven to have been intentionally done and out of malice, there are grounds to add criminal charges to the case such as that of manslaughter or murder.

It can be a difficult time but legal aid can be your saving grace in such a trying, tragic time such as this.

A New Curl in Mirena Lawsuits

Posted by on Oct 7, 2014 in Pharmaceuticals | 0 comments

As if the idea of a foreign object shifting around was not bad enough, a recent finding in the case of one of the plaintiffs about the medical device implanted in her shows that it not only moves around in one location causing havoc but migrates to other parts of the body. The former is the main complaint against the contraceptive product Mirena, an intrauterine device (IUD) that was said to cause vaginal hemorrhages and uterine perforation when it shifted from where it was supposed. The latter, though, puts a new curl in the problem.

Mirena is an IUD device manufactured and distributed by pharmaceutical company Bayer Healthcare. It was approved for use in the US in 2000 by the Food and Drug Administration (FDA) and they have received more than 45,000 reports of adverse effects so far. The most common include vaginal hemorrhage, pan, and entrenchment in the uterine walls. In the case mentioned above, the plaintiff had the Mirena IUD inserted but became pregnant two months later anyway. In an ultrasound and later exploratory surgery after the plaintiff miscarried, there was no sign of the device. It was later found in the plaintiff’s rectum during an exam.

This is a disturbing development, indicating that not only is Mirena ineffective as a contraceptive, but can do irreparable harm when implanted because of the risk of migration. The plaintiff in the above case is claiming that the device is defective and that Bayer knew about the risks but failed to warn patients and doctors adequately about them. There are also a few women who are alleging that Mirena also has an increased risk for causing neurological problems such as vision impairment and headaches, but the majority of cases center around the perforation and migration issues until a more definitive link can be established for neurological conditions.

If you have suffered any serious injury from using Mirena, you may be eligible for compensation. Find a Mirena lawyer in your area with experiencing in handling defective medical devices and get the lowdown on product liability lawsuits.

Living with Traumatic Brain Injury

Posted by on Sep 19, 2014 in Brain Injury | 0 comments

We are creatures of the mind, and when something happens that damages the brain in some way, the consequences are often far-reaching and unpredictable. Scientists are only being to understand how the brain works, but certainly not to the extent that they can treat or reverse traumatic brain injury (TBI) with any reliability. As pointed out on the website of the Sampson Law Firm in Louisville, in most cases TBI sufferers and their families merely endure and cope with the neurological, economic, and social repercussions as best they can.

TBI often results from sudden impact or trauma that results in a blow to the head or the momentary shifting of the brain within the skull. The severity of TBI ranges from the mild to the catastrophic, but even mild TBI (MTBI) can be problematic. Immediately following a head injury, the following may occur:

  • Loss of consciousness
  • Pre- and/or post-traumatic amnesia up to 24 hours
  • Changes in mental state at the time of the traumatic event

One of the most common MTBI is concussion, some of which resolve on its own with no persistent symptoms but in most cases have long-term consequences. Early symptoms of concussion include:

  • Disorientation
  • Headache and dizziness
  • Nausea
  • Vomiting

When a patient is discharged after a requisite observation period depending on the severity of the trauma, later symptoms may surface and persist for a long time indicative of neurological damage. These include but not limited to:

  • Problems with memory
  • Difficulty in concentrating
  • Degeneration of skills and competence
  • Lightheadedness
  • Low grade headaches
  • Insomnia
  • Sensitivity to light and sounds
  • Chronic fatigue
  • Depression and anxiety
  • Irritability

It is not difficult to imagine how hard it is living with the consequences of even MTBI, and sufferers may not even be aware that these are manifestations of concussion because they are not specific to the condition, so they may not get a proper diagnosis. Even MRIs and CT scans will not reveal MTBI; it is only through a reading of the patient’s medical history that the conglomeration of symptoms may point the way to MTBI and the appropriate treatment.

If you have suffered traumatic brain injury even “mild” types in a negligent accident, you should be aware that all may not be well in the long term. Consult with a traumatic brain injury lawyer in your area to advise you on what you need to do to ensure you won’t continue to be a victim of a third party’s negligence.

Criminal Defense: DUI

Posted by on Aug 2, 2014 in Criminal Laws | 0 comments

Driving under the influence (DUI) or driving while intoxicated (DWI) always puts many lives at risk: the driver’s, the pedestrians’ and other motorists’ lives. Both federal and state authorities and traffic enforcers are always on the watch for drunken drivers due to the danger they present on US roads and highways. And in the hope to curb motor vehicle accidents, the National Highway Traffic Safety Administration (NHTSA) makes sure that car drivers, who register a blood alcohol concentration (BAC) level of 0.08% (for commercial vehicle drivers, like truck drivers, the limit is 0.04 %, while for those below 21 years old, it’s zero tolerance), are apprehended and charged.

DUI or DWI is a very serious offense in many states. Besides the hefty fines, imprisonment, compulsory attendance in a DUI class and/or community service, a driver charged with and convicted of DUI can suffer suspension or revocation of his/her license (especially those involving serious accidents where a victim may end up severely injured or dead). A serious driving offense, including failure to carry auto liability insurance, can even mean requirement to fill out an SR-22 form, which usually lasts for three years and which requires higher insurance premiums.

An SR-22 is a form sent by the insurance provider to the Department of Motor Vehicles (DMV) of the state where the convicted driver resides, to prove that such driver already carries liability insurance. A new traffic violation by the driver, within the three year SR-22 coverage, can enable to state to decide for an extension of the SR-22 requirement.

Many drivers, who end up being charged and convicted of DUI, are first-time offenders, however. They are usually people, who simply spent great time with friends, colleagues or family and decided to drive home. While risking the lives of other people via driving while drunk may never have been in their least thought, still they will have to answer for the unlawful mistake they have committed.

The many negative effects of being arrested, charged and convicted of a crime, though, goes well beyond the court room. These negative effects are too great, in fact, that these can destroy one’s future personal and professional life. Thus, many are willing to do anything to avoid conviction. But while others try to run away from the law, complicating the situation even more, some bank on the competence of lawyers, whose knowledge and understanding of the law may save them from being convicted. An Austin criminal lawyer is one legal expert those facing conviction can always turn to; having him/her for an ally in the courtroom can benefit the accused in ways no other lawyer can.

Personal Injury: Distracted Driving

Posted by on Jul 25, 2014 in Automobile Accidents | 0 comments

The National Highway Traffic Safety Administration (NHTSA) and other government and private organizations have always indicated and explained why car accidents are avoidable occurrences. Negligence, which leads to inattentiveness and/or recklessness, is always the number one reason why millions of drivers, motorcycle and bicycle riders, and pedestrians continue to be severely injured or killed on US roads; but negligence can easily be prevented.

This very critical failure to ensure that nothing is amiss can lead: to a car manufacturer selling a defective vehicle or sub-standard vehicular parts; local government agencies or federal government channels in ensuring that US roads and bridges are well built, maintained and repaired if with defects; and, drivers violating traffic safety rules by drinking while under the influence of alcohol, overspeeding, driving recklessly, using a handheld phone while driving and allowing distractions to get the better of him/her while behind the wheel.

There may only be a minor number of drivers who have driven through a red light, never slowed down or stopped where there are signs stating these, have made dangerous, improper overtakes, never used signal lights and/or tailgated another vehicle. But definitely, almost all drivers, whatever type of vehicle they handle, have been distracted while on the road.

According to Lexington personal injury lawyers, distracted driving is characterized by the diversion of a driver’s attention from the road due to another activity. Some of these activities can be:

  • Texting
  • Eating
  • Conversing with a passenger
  • Grooming
  • Reading a map for directions
  • Using a navigation system
  • Watching a video
  • Adjusting a radio, CD player, or any portable electronic device

Driving distractions are so normal that a driver, most often than not, will never even realize that he/she is already being distracted. While driving, one’s attention should be focused just on the road – a rule that every driver knows, but which many only continue to know. Any distraction can endanger the driver, his/her passenger/s, pedestrians and all other motorists on the road. There are more than 3,000 deaths and about 400,000 injuries annually due to distracted driving, according to the NHTSA and CDC.

According to the website of San Antonio personal injury lawyers, victims have the legal right to sue those liable for the accident, for the compensation that they deserve due to the harm they have been made to suffer.

If a car accident involves a victim, who may be in the course of performing his/her job, then such victim can benefit greatly from the competent advice of a Raleigh workers’ compensation lawyers, whose expertise and dedication in fighting for workers’ right to compensation cannot be questioned.

Well, putting aside the issue of compensation, those who continue to act negligently on the road (or sometimes in a working environment) should realize that if they injure or kill someone due to their negligence, the life of the victim, and of his/her family, can be changed forever – a change that no amount of money can compensate. Negligence is the absence of care, leading to accidents which are definitely preventable. It wouldn’t hurt if one were to start caring for others.

Bankruptcy or Debt Negotiation?

Posted by on Jul 25, 2014 in Personal Finance | 0 comments

The US Bankruptcy Code Law provides individuals and businesses with legal solutions that will save them from overwhelming debts to enable them to regain financial control and stability. Parts of the solution involve discharge of all unsecured debts and an affordable means of paying secured (usually government-related) debts.

Municipalities, corporations, and millions of Americans in financial crisis, have, over the past years, resorted to filing bankruptcy due to the many advantages and benefits it offers. Based on the amount of their loans and economic situation (considering their income, assets and properties), they can choose which chapter of the bankruptcy code would be most appropriate for them.

These chapters include: Chapter 7, also known as liquidation of assets; Chapter 11, or business reorganization; Chapter 12, which is designed for families in the farming or fishing business; and, Chapter 13, which is payment of debt via a three-year, more affordable, payment plan.

Besides the discharge of unsecured debts (such as from credit card companies) or reorganization for a more affordable debt-payment scheme, there is also the “automatic stay,” which is another major benefit of filing for bankruptcy. This benefit specifically stops repossession of properties, foreclosures, evictions, utility shut-offs, and any attempt by creditors or collecting agencies to sue debtors and force the sale of their personal property or garnish their bank account.

A good business lawyer, however, would not immediately recommend the filing of bankruptcy to a client without first discussing with him/her its advantages and disadvantages. For while bankruptcy may discharge a client from unsecured debts and enable the payment of secured loans, it can also mean loss of some properties, closure of business, a bankruptcy stigma that will remain on one’s credit report for 10 years, and possible higher interest rates on future credits.

The website of Ryan J. Ruehle, LLC, shares an article which gives clients another debt-payment option that is more manageable than what bankruptcy chapters offer. This is debt negotiation which, as the article explains, can reduce interest payments, lengthen the time span of payment, defer interest payments, or consolidate loan payments.

A debt negotiation scheme can reduce the loan to even more than half of the total amount, giving the debtor a much smaller amount to settle. Its other advantages include:

  • No more litigation process (which is part of the bankruptcy process)
  • Debt may be paid through a single/lump sum payment or monthly payments
  • Freedom from being harassed by debt collectors
  • Freedom from lawsuits and any other legal action that will force sale of properties, wage garnishment or a bank account being levied.

Other may reason out that even debt negotiation would have an effect in one’s credit score. This is true, but the effect is much less substantial than when one files bankruptcy and, to begin with, one’s credit rating will already have been affected negatively after a six-month delinquency in payment – this is even before debt negotiation starts.

Probably, the only one great disadvantage of debt negotiation is payment of taxes if the amount taken away by creditors from the loan exceeds $600. This benefit (or non-benefit for some) is called the cancellation-of-debt (COD) income.

To be more certain about which legal solution a client should opt for (bankruptcy or debt negotiation), it is recommended that the advice and guidance of an expert lawyer is sought. This is to make sure that the best option is chosen and that proper procedures are followed.