Saturday, July 31, 2010

The Background of a Personal Injury Lawyer

A Injury lawyer is an attorney who is an expert that has the qualification to give you the best legal assistance when you have met with an accident leading to an injury. All injury lawyers are specialized in injury law or Tort Law. Tort law generally covers all kinds of personal damages that are both financial and non-financial to you the victim, your legal rights or any of your possessions. Although these lawyers do have the expertise and a license to handle all types of legal cases, they usually handle the cases that involve injury law. The more common cases that are handled by them can include but are not specific to include accidents, injuries, falls and any type of medical negligence.

There are certain prescribed standards and professional ethics that these injury attorneys have to abide by. Personal injury lawyers are very much equipped to file various cases and complaints in front of the court to prevent the legal rights of their clients from being overlooked. A personal injury lawyer holds the complete responsibility to carry out conversation with the victims to make sure that their present situation is closely evaluated and their point is presented in front of the judicial system convincingly. The main intent behind the overall working of these lawyers is bringing justice for the victim in the shape of the legitimate compensation.

The usual qualification needed by a personal injury lawyer is at least a bachelor's degree in law from any of the affiliated universities. Other than this general qualification, a lot of these lawyers will acquire some kind of special certifications as well as take some additional exams so that they are fully prepared and aware of all the rules and regulations that they can make use of to win any case. The code of conduct is another thing that this type of lawyer needs to be aware of because it envelopes almost every area of their practice.

The working of a personal injury lawyer is tilted in the direction that is going to bring justice for the victims without wasting much time and money. At the time of selecting a lawyer, one has to make sure that the knowledge level is fair enough to not only represent one case but also to come out with the justice that is desired.

It is always better to narrow down the search for accredited and acclaimed personal injury lawyers who are aware of minutest possible legal right that could lead the case towards a win at the end.

Thursday, July 29, 2010

Questions To Ask Personal Injury Lawyers

Hiring a personal injury lawyer can be overwhelming. The key is to remember you are the client. Here are some questions to ask personal injury lawyers you are considering.

As much as the legal profession denies it, law is an old boys network. The more experienced an attorney, the better. Ask how long the attorney has been practicing, how many trials they have had and how many they have won versus lost?

Obviously, providing quality services is also important. Make sure to ask the attorney if they have ever had a complaint lodged against them by a client. Also ask if they have ever been disciplined by the bar. The "bar" is the licensing entity in each state. Most have an online site that you can use to read up on your attorney.

Specificity is also important when choosing an attorney. It is great and all that the prospective attorney has done hundreds of trials, but has he or she tried a case covering the same subject matter as yours? Trying 100 car accident cases doesn't help a lawyer prepare for their first medical malpractice trial.

Not to be negative, but ask about malpractice insurance. People are often surprised to learn that attorneys in most states are not required to carry it. They are also not required to tell you most of the time. Ask for a clarification up front and an explanation if they are not carrying it.

As odd as it may sound, you need to also ask who is going to be working on your case. Many lawyers hire a small army of paralegals. Paralegals can do a lot of work, but they are not attorneys. Many people have been frustrated by law firms when they realize there case is essentially being handled by a paralegal instead of a lawyer.

Finally, make sure you are comfortable with your attorney. Remember, they work for you, not the other way around.

Tuesday, July 27, 2010

Selecting a Lawyer For Your Traumatic Brain Injury Case

Suffering a serious traumatic brain injury as a result of an accident creates no end of challenge for you and your family. In many instances, one of the important issues you will have to consider is whether to hire a lawyer to advance a lawsuit.

As you know, many of the symptoms of a traumatic brain injury can impact decision-making. Some of these symptoms may include short-term or long-term memory loss and slowed ability to process information. In many cases, the symptoms of a brain injury can also mask the need for a lawyer. For example, some accident victims suffer a denial of their injury-related deficits. A trusted family member or friend may be invaluable as you consider who to hire as your lawyer.

When you do decide to proceed with hiring a lawyer, there are a number of important considerations. For example:

*Experience: You should find out from the lawyer you are considering how many brain injury cases he or she has handled. How severe were the person's injuries in the other cases? What was the outcome? Keep in mind when you are asking these questions that sometimes the outcome in dollars depends on the maximum amount of money available under an insurance policy.

*The Team: A brain injury case involves a team that is prepared to work up all aspects of the case, not just the legal arguments. Ask the lawyer who they have on their team who will be working on the file. Experienced accident law clerks and insurance specialists are key members of your lawyer's team.

*Personality: You will need a lawyer who understands the special needs of a brain injured person. You may have special emotional and cognitive needs that a lawyer has to be able to accommodate. Based on your meeting with the lawyer, does it seem like a good personality fit?

*Information: When you are faced with a claim for any injury, you will probably have questions. Sometimes you may feel insecure or nervous about the process. A lawyer who has written information about the process and will give you that information without cost is very desirable. That way you can read up on the process on your own time.

*Tenacity: While most accident claims settle out of court, sometimes it is necessary to go to trial. Make sure from the outset that the lawyer you are seeing is prepared to do a trial if required. Your bargaining position may be compromised if you have to change lawyers in order to go to trial.

Following these suggestions will go a long way to helping you hire the right lawyer for your brain injury accident case.

Sunday, July 25, 2010

Personal Injury Lawyers Serve Their Purpose

Watching daytime television can be a laborious experience at the best of times but when you have to put up with the awful, hammy acting seen in some of the commercials it really does grate on you. You have the loan company adverts that suggest localising all of your debt into one single debt will solve your financial headaches, then there are the personal injury adverts...

Almost always depicting someone falling off a ladder, or somebody slipping in a corridor onto their back. Quite irritating these ads are too, but at least they serve a purpose, unlike the loan company ads which do quite the opposite and add to the ever increasing problem of Brits in debt! Having suffered a personal injury myself, I understand the feelings of those who have been injured due to uneven footpaths or slippery flooring in the workplace. The injury was brought about, not because of any fault of their own but because of somebody else's negligence.

Employing the services of a personal injury lawyer is often a lengthy process, or so people think. Many personal injury lawyer companies are extremely helpful in making the whole case as hassle free as possible and you will find that many lawyers specialise in particular personal injury cases.

A spinal injury or brain injury can have serious repercussions for the well being of the recipient, so compensation is a must, particularly as homes, cars and other amenities will need to be adapted in order for the care of someone with a serious disability resulting from a personal injury. But even if you suffer a more minor injury, compensation should be sought, especially if you have long lasting pain, lack of movement or had to endure a prolonged period off work, resulting in statutory sick pay and therefore a loss of earnings.

Many people frown upon 'blame culture' that has entered our society primarily from the US, but if somebody is entitled to compensation having had to endure a lengthy spell in discomfort due to circumstances out of their control then surely that is just. Even if you believe you only have a slim chance of winning a claim case, personal injury lawyers have been known to win cases with minimum evidence or chance of being winnable.

Many personal injury lawyers offer free consultations and can assess your case free of charge, either in person or via email or telephone conversation. If you're in a situation where you are in two minds as to whether to pursue legal action or not then you really have nothing to lose. You should at least take advantage of a free consultation before you completely discount the prospect of taking further action.

If you decide not to take further action, you may regret it in the future, particularly if your injury never properly heals or causes further discomfort in years to come. Why take the risk, when you may well be entitled to compensation?

Friday, July 23, 2010

Brain Injury Explained

There is a big possibility that a person will suffer from brain injury if he or she was involved in any kind of accident where the head will also be hit. The most common accidents resulting to brain injuries are different kinds of vehicular accidents and different kinds of slip and fall accidents. The severity varies from one case to another and it could be simple or complicated. Brain injuries are very serious as these could really affect the person's mobility and capability to do things. If you or any of your loved one had any kind of brain injury regardless of the cause and condition, you have the right to make a claim for brain injury benefits and compensation.

This could be a very difficult and traumatic experience for any person and anyone who is not used to this kind of situation should not attempt to get through this alone. The best thing to do is to seek the help of a professional lawyer. The lawyers are highly skilled especially when it comes to brain injury cases.

The brain is probably the most important part of the body because this serves as the main control of the whole body. All of the body's reactions to different factors usually come from the brain. If it becomes damaged, there will also be some significant changes in the other parts of the body and the body will not be able to function properly. It is almost impossible for a person who is suffering from brain injury to tell and notice that there is something wrong with him or with his brain. Oftentimes, people around him will be the ones who will notice this.

The competent lawyers could help you in pursuing a brain injury case against the party liable for what happened. The attorneys understand the seriousness of this problem and we already know what to do to win cases like this. They will personally talk to people who know the victim and those who were with the victim most of the time like family, relatives, friends, and colleagues. This step is essential because you have to build a proof or some kind of evidence that changes have been noticed about the way the victim talks, moves, or interacts with other people. These changes could also be used as proof of brain injury.

Aside from these changes, there are also some other symptoms that suggest brain injury. The patient would experience headaches, confusion, dizziness, vision problems, hearing problems, memory and mental problems, changes in daily routines like eating and sleeping, speech problems, and many more. If you or someone you know have brain injury due to some accidents resulting from other people's negligence, it is just right that you will receive the benefits that you deserve and these include the coverage for your medical treatment, hospitalization if needed, medications, pain and suffering, and other monetary losses.

There was once a case reported about athletes who have suffered from severe concussions that resulted to traumatic brain damages. Experts have conducted extensive studies on this matter and the results were very alarming. The concussions have damaged most part of the person's brain and there have been some changes to emotions, anger, sexuality, breathing, and they could also destroy the brain cells. It is believed that those concussions and the brain damage are some of the main reasons of the players' early death.

If a person's head is injured, there is a big risk to develop traumatic brain injuries. This kind of injury could totally disable a person's body and it could lead to early death. Vehicular accidents, slips and falls, and assault are some of the most common causes of traumatic brain injuries. This needs immediate medical treatment and that could cost you a lot of money. If you have been injured due to someone else's fault, the lawyers will help you get due benefits and compensation.

The treatment depends on the severity of the case and fortunately, these treatments could bring back the brain's healthy and normal condition if given immediately. It is important to ensure that the patient has adequate supply of oxygen and the blood flow and blood pressure should also be monitored and maintained. The doctors will also check if the patient has fever, is conscious, able to respond, and other primary tests.

The Intracranial pressure will also be monitored because if the pressure gets too high, it could be very dangerous for the patient. If the brain and the skull have suffered massive damage or if there is an internal bleeding, a surgery might be performed. The type of surgery needed will be determined by the doctors depending on the condition of the patient's skull and brain.

Immediate treatment must also be given if the patient developed cerebral anoxia. This is a condition where oxygen could not go up into the brain due to lack or reduction of the blood supply that is responsible for carrying oxygen into the brain. This condition is also very dangerous because it could cause major damages to the brain and the brain cells. In case this ever happens to you or someone you know, seek medical help as soon as you can and call your lawyer immediately.

Wednesday, July 21, 2010

Looking at TBI (Traumatic Brain Injury) Cases in Law

The TBI (traumatic brain injury) cases in law are some of the most devastating cases for the people who have been injured. The injury may have occurred due to an accident, a fall, sports injury, or even an fall or an assault the person has suffered. The survivors of these injuries are facing many years of rehabilitation that will cost a lot of money. Plus it may be something that they will need to have for the rest of their lives.

Quite often though many judges, insurance adjusters and juries will deny a person who has suffered this type of injury any compensation. People who have suffered from this type of injury are often not even taken seriously. Instead they will hear comments that will basically belittle the experience that they have gone through.

In most cases the brain injuries when they are first diagnosed will be classified as only mild. But it has been recently discovered that this may not be the case. The long term affects of such injuries can be something that will change through time. Getting possibly worse as the person ages and causing many more problems.

It is imperative that a survivor finds the right kind of injury lawyer to assist them in this type of case. You will need to find one that has experience in the area of traumatic brain injury previously. Especially if the original diagnosis was incorrect and considered only mild at the time.

There are many myths that have lead to the cases of many people being given no credit. Receiving no compensation or help for what they have faced, and are yet to face in their lives. So if you are a person who knows someone who has a personal traumatic brain injury, or has suffered one, contact the right lawyer.

A person does not need to be unconscious in order to have suffered from a brain injury. That is the number one myth about these types of injuries. Many people actually suffer an injury and have not lost consciousness at all. One great example is that of Phineas Gage, who suffered an injury from a bar going into his skull. He never once passed out from the injury but suffered many problems from the injury.

The second myth is that a person needs to be hit on the head in order to have a TBI. This again is something that is not true. Consider the instance of shaken baby syndrome, they are often not hit on the head. It is the severe whiplash that can lead to brain injury in many cases.

The third myth is that whiplash or even a concussion will not lead to anything long term. But again that is not something that is true. Many past football players and boxers who have suffered from concussions have suffered from serious long term problems and disabilities.

Another thing that is often said is that a person who complains of problems long term after a head injury are hypochondriacs. Yes you guessed it that is untrue yet again, in fact about fifteen percent of those people will actually have some sort of long term affects from the injuries they suffered. Ranging from intellectual to emotional, and personality problems.

Finally the myth that there is no proof that a mild brain injury can lead to long term problems. In fact there have been many studies that have shown that they do cause long term disabilities in some cases.

Monday, July 19, 2010

Traumatic Brain Injury

Accidents are unpredictable. You may be standing at the side of the road, waiting for the bus, when all of a sudden you are hit by a vehicle. At other times, you may be waiting for the green light, when your car was hit by a vehicle at the rear causing you to slam your head on the steering wheel. When any of these accidents happen, one would always incur injuries ranging from light to serious injuries.

One of the serious injuries that befall victims of accidents is a traumatic brain injury. This may not be seen at the onset since the injury occurs in the brain. However, when this condition is not given the immediate and proper medical attention, the effects can be devastating and can be very costly. Considering that the brain controls every bodily function, you cannot simply begin to imagine the tragic effects an injury would have on the person.

Traumatic brain injury is caused when a sudden trauma causes damage to the brain. This is often caused when the head hits something hard and with such force. It can also be caused when the skull is pierced by an object and the brain tissue is hit or it by the object. The effect of the injury to the brain can be mild or severe depending on the damage to the brain. The symptoms of a mild brain trauma are headache, dizziness, tired eyes, lethargy, behavioral changes, memory troubles, confusion, and so many others. Serious brain injury is characterized by convulsions, slurred speech, agitation, inability to wake up, dilation of pupils, and many other symptoms that are beyond normalcy.

When you or a loved one experiences any of the symptoms after an accident, whether it would be the mild symptoms or the severe ones, it is imperative for you to consult a doctor right away so that you may know whether you are suffering from a traumatic brain injury or not. It is not advisable to wait for a couple of days or weeks more before you ascertain whether you are suffering from a brain injury because every minute counts. And when your doctor has ascertained that there is damage to the brain, it is now time to seek the help of a lawyer since the injury was caused by the accident, of which you were the victim.

Any treatment for a brain injury costs a lot and since you were just a victim of the circumstance, it is your right to be compensated by the party responsible for the accident, and the only way to do this is to file a lawsuit in court. Since this would require knowledge on the legal aspect of things, there is a need for you to consult a lawyer who could file the right lawsuit and help you demand for compensation.

Saturday, July 17, 2010

A Philadelphia Brain Injury Attorney Speaks About Depositions and Philadelphia Personal Injury

It is also vital not to guess during a deposition. Frequently the other lawyer asks questions to which the witness simply does not have the answer. It is important to remember that a deposition is not a multiple choice test. You do not score points by occasionally guessing correctly. Stick to the facts and testify only to that which you personally know.

Every trial lawyer has seen his or her client's case reduced in value by an incorrect guess. "I don't know" is a fair answer if it is true. The time spent preparing for the depositions will ensure that the witness does not have to rely on this answer too often. "I don't remember" is also fair if you truly don't remember. Sometimes depositions are taken years after the accident. It can be nearly impossible to recall the minute details attorneys routinely seek during a deposition. Again, preparation will minimize the need to rely on this answer. It's far better to admit that you don't know the answer to a question, or that you don't recall the answer, than to venture a guess.

Another key to a successful deposition is to know when to stop answering. Often the defense lawyer uses the deposition as a "fishing expedition" in which he hopes to hook absolutely anything of use to the defense case. That is why many questions that seem completely irrelevant to the accident are asked. Believe it or not, this is generally permitted by the courts.

Since the other lawyer is attempting to pick your mind, you must not make his or her job easier by responding to each question with a long, drawn out answer. If a question can fairly be answered with a "yes" or a "no," by all means do that and say no more until the next question is asked. Your lawyer may even tap you on the shoulder or use a prearranged signal if your answers are getting too detailed. This signal lets you know to keep your answers brief. If you give the other lawyer enough ammunition, you increase the likelihood that eventually he will find something to use against you. That is why brief answers are usually best.

Thursday, July 15, 2010

Failure to Do a Timely Cesarean Section Can Cause Brain Damage and Cerebral Palsy

Cerebral palsy is one of the most common injuries that can happen to a baby during his or her birth. Cerebral palsy is a type of brain injury that can possibly lead to brain damage because the oxygen supply to the baby's brain becomes limited. It can cause extensive damage to the baby's cerebrum, the part of the brain responsible for memory and motor and sensory functions. If a child develops cerebral palsy, he or she will have a hard time controlling his movements, plus he or she will also have limited mental capacity.

One of the factors that can contribute to the development of cerebral palsy in a newborn baby is the delay of carrying out a cesarean section. These days, more and more women are opting to deliver through cesarean section, since this is the ideal way of giving birth for babies that are too large to fit in the birth canal. It is also used if the mother suffers from unwanted pregnancy and medical disorders, such as placenta abruptio, placenta previa, and diabetes, or if the fetus is in distress. During emergency cases, the doctor needs to immediately decide to have a cesarean section so as to prevent further fetal distress and other potential problems for the newborn. For example, studies have shown that failure to do a timely cesarean section can lead to cerebral palsy and subsequent brain damage.

If the doctor delays in ordering a cesarean section, and this momentary hesitation results to birth injuries and fatalities, the doctor can be held liable for it. The doctor can also be held liable for failing to diagnose the problem. You can file a lawsuit against the doctor for lack of proper judgment during an emergency situation. For you to be able to exercise your rights in this scenario, you will need to hire the services of a birth injury lawyer.

Your lawyer will be able to determine whether a certain birth injury is caused by the doctor or not. Remember, not all birth injuries can be considered as the fault of the doctor of the hospital. For example, birth injuries occurring because of the natural course of labor can hardly be blamed on the doctor, since it will not be accepted by the court.

Having a birth injury lawyer is essential since he knows the ins and outs of birth injury laws governing your state. They will be able to explain to you the rules that need to be satisfied in order to say that a doctor is liable for a birth injury.

Tuesday, July 13, 2010

When and Why You Should Hire a Personal Injury Lawyer

It's hard to know when it's appropriate to hire a personal injury attorney or what your legal rights might be if you've been hurt. If you've been involved in an accident on the road, here are some guidelines that may help you to decide.

-- Car Accidents

If you are just running to the store for a gallon of milk, it's hard to believe that you may be involved in a wreck before returning home; yet the majority of car accidents takes place in town, within just a few miles of our places of residence! If the accident was not your fault, and you are concerned about who will be paying for your medical bills, personal property, and loss of income while you recuperate, a personal injury lawyer will help you to sort it all out and assist you in getting what you are entitled to.

-- Motorcycle Accidents

Bikers are some of the most vulnerable vehicle drivers on the road. If you were injured while riding your motorcycle, you may have grounds to sue a negligent driver or even the motorcycle manufacturer if they were to blame.

-- Trucks and Other Commercial Vehicles

Overtired truck drivers account for a huge percentage of highway accidents in the United States each year, in all kinds of weather. Trouble may also result from improperly loaded semis, negligence, or trailer rollovers. If you've been injured in an accident due to these circumstances, it is essential to contact a personal injury lawyer right away so that he can start collecting crucial evidence before it's too late.

It is more difficult to prove a personal injury case the longer a victim waits. So if you are too hurt to contact a lawyer yourself, make sure a family member will take responsibility and get the ball rolling for you as soon as possible.

Sunday, July 11, 2010

Ways of Preventing Brain Injury

The seriousness of brain injury is not only felt by the patient but also by those around them. Brain injuries occur in several different ways, some of them preventable. There are a few ways that people can protect themselves from having to recover from such a dramatic injury. But, of course, some ways are not preventable even when great precaution is used.

One of the most common and helpful way of preventing head injuries is to wear a helmet. When riding motorcycles, bicycles, or all terrain vehicles it is very important to protect the head. The use of a helmet is not only helpful in protecting the head, in some states it is law. The use of helmets greatly reduces the threat of head injuries if an accident occurs.

One accident that is completely avoidable is on the ATV. If a helmet is not worn at the time of an accident, it can mean trauma to the head can not be avoidable in many instances. These types of accidents can often lead to the rider or passenger to be paralyzed or even be killed because of head injuries.

Another way to help prevent different types of brain injuries is to keep yourself out of dangerous situations. There are many different situations that can end up with trauma to the head or brain. Being sure that you are not involved in these situations is a great way to reduce your risk of injury.

In some situations, there is no way of foreseeing the injury. Many people receive brain injuries in a car accident. It is not considered normal to wear a helmet while driving and many cars are designed to be very safe. In a serious accident, though, sometimes it is so bad that head injuries occur, possibly causing brain injuries.

There are some medical conditions that cause brain damage. One of them includes lead poison. These kinds of conditions can sometimes be avoided but in rare cases, the damage is too severe to fully recuperate.

It is very frustrating to be a victim of brain injury, both for the family and the patient. Whether the injury was because of an accident or a medical condition, it can put a lot of strain on the lives of everyone involved.

Friday, July 9, 2010

Important Reason For Hiring the Right Personal Injury Lawyer

If you re seeking the right help when somebody harm your negligently or intentionally, it is the Miami personal injury lawyer. This is the only person that can give you the right representation. They are the only people that can defend your rights from those negligently party. But if you are not familiar with these professionals, then here are some of the important that reasons why you need tom seek their help.

The main goal of the Miami personal injury lawyer is to seek thee appropriate compensation for the victim. Normally victim suffers from different damages from the accidents. And because of these damages, the lawyers will try their best for you to get the right compensation. There are different personal injury cases that may happen such as vehicular accidents, malpractice of profession, product malfunction and workplace accidents. But of course the lawyer must gather first all the needed information so that it will be easier for them to establish the case and make it stronger. This is the reason why you need to seek the help of the lawyer immediately.

There are times that you are having a second though about hiring a Miami personal injury lawyer or not. It happens because there are times that you do not know if there is a valid case or not. And this usually happen with those people who experience such problem for the first time. But before the time lapse it will be better if you are going to make an inquiry with the Miami personal injury lawyer. They are the only person who can assess your case and tell if there is a valid case of none. They are the right professionals who can tell you the best thing to do in such case.

There are two ways for you to get the right compensation. Most of the times lawyers recommend an out of court settlement to their clients in order o prevent the high cost of litigation. This only means that they will settle the case without going to the court. This is the easier ways of claiming for the right compensation, but it does not happen at all times. But if the case becomes messy then it will be file in the court and go through some series of court trials. And this happen, you are in need of the best Miami personal injury lawyer in order to get what you deserve.

Wednesday, July 7, 2010

What You Should Know About a Claim of Negligence

In our society, people have a duty to behave in a way that does inflict physical or emotional harm upon others. If you have suffered as the result of another person's negligence, you may be entitled to compensation. Compensation is usually in the form of a payment.

Some of the most common claims of negligence include a vehicle accident, work accident, slip and fall, defective product, and medical incompetence, including dentistry.

People have a legal duty of care not to act recklessly to others. Duty of care can be considered a social contract held by individuals towards others within society. It is the first factor that must be established to proceed with a claim of negligence. The plaintiff must be able to prove that the defendant breached a duty of care which resulted in significant damage either physically or psychologically. .

A claim of negligence can also result in receiving special damage compensation. You may be entitled to receive all losses associated with the injury. This includes: loss of wages, property damage such as a vehicle accident, costs for rehabilitation, medical costs, and, added expenses resulting from the injury such as car rental expenses, and pain and suffering.

To make a claim you have to prove that you suffered a loss as the result of someone's negligence. Some examples include:

- Another driver was speeding and crashed into your car
- A doctor administered the wrong medication.
- A company allowed a contaminated product to be sold
- Severe injuries resulting from a dog attack
- An injury resulting from an unsafe working condition.

Once a duty of care negligence exists, the plaintiff must show that the defendant breached it. Breach involves proving that the defendant's actions resulted in breach of standard care. This can vary because most professions have different standards of care. For instance, a physician's standard of care is different from a lawyer's standard of care. The breach is proven when the plaintiff shows that the defendant's actions fell below a reasonable standard of care and directly caused the injury. If a defendant can prove that every precaution was taken, but the injury still occurred and would have likely occurred, then the plaintiff will not prove negligence.

If you think you have suffered an injury as the result of negligence, you may be able to make a negligence claim in civil court. Because negligence claims are very complicated, it is important to seek legal advice before proceeding. There are personal injury lawyers that specialize in specific areas of negligence. It is important to consult a lawyer who specializes in the area of your particular injury. For instance, a brain injury lawyer will have expertise in traumas associated with the brain. They will have a list of medical experts who specialize in brain conditions. Because states vary regarding the time limits to make a claim of negligence, it is important to consult with a lawyer as soon as possible. Ask your lawyer to review your claim to see if negligence has occurred. A personal injury lawyer will be able to tell you if you have a valid negligence claim. It is a good idea to consult with a couple of lawyers to make sure that you are receiving an accurate claim assessment.

Suffering an injury can be a traumatic time for victims and their families. If you feel you have a claim of negligence, you may be entitled to compensation. A personal injury lawyer will fight on your behalf and free you of the stress associated with a civil court case. You will be able to focus your attention on recovery.

Monday, July 5, 2010

The Anatomy of a Traumatic Brain Injury

The human brain is an incredibly complex organ. It does not take much force to cause traumatic, life-threatening damage to the brain. The skull and protective tissues surrounding the brain are meant to reduce the effects of sudden trauma, but they are not always enough. Brain injuries are extraordinarily difficult to treat, but a patient's odds of survival depend on the type of injury and the judgment of the physicians treating it.

Most traumatic brain injuries are the result of direct force being applied to the skull. Usually this involves the victim's head hitting a hard surface, or an external object (such as a falling object) hitting the skull. Additionally, strong acceleration alone can cause damage. For example, the intense forces of an automobile accident can cause the brain to collide with the skull, even without anything impacting the victim's head.

Traumatic brain injuries also vary greatly in severity. Injuries caused by the brain hitting the inside of the skull are known as concussions. Concussions can cause serious damage to the brain, but less-severe concussions are common among athletes. More traumatic injuries are usually divided into two groups: "closed" injuries, where the brain is not exposed, and "open" injuries, where the brain is exposed to the air. Closed injuries may seem less dangerous, but swelling can cause brain damage.

The effects of a traumatic brain injury depend on the part of the brain affected. Since different regions of the brain regulate different parts of the body, damage to certain structures can cause specific losses of ability. Someone with a serious injury to the parts of the body that control speech may be unable to speak. More serious injuries may leave victims in a coma or permanently disabled.

Victims of traumatic brain injuries should not have to bear the burden of an injury caused by another person. A serious injury can result in thousands of dollars in medical bills, lost income and earning potential, and years of suffering and rehabilitation. If you or someone you love has suffered a traumatic brain injury because of another person's negligence or wrongdoing, you may be entitled to compensation for your losses.

Saturday, July 3, 2010

Personal Injury a Risk For Ontario Residents

The city of nearly 200,000 is located in San Bernardino County of California. The city has seen their fair share of fatal car accidents and other severe personal injuries in recent years.

One accident described as "the worst accident... in terms of the number of fatalities and children" a California High Patrol officer, who was working on the scene, had ever seen, happened on the 10 Freeway near Vineyard Avenue. A 30-year-old woman driver suddenly lost control of the vehicle and struck a large eucalyptus tree before impacting a soundwall. She and four of her six passengers died, while the survivors - children ages 3 and 10 - remained in critical condition.

The California Highway Patrol reported that since the truck, an F-150, only seated six total, the seventh passenger was not likely wearing a seatbelt. Though unclear initially what caused the crash, a resident who lives on the other side of the soundwall said accident happen "quite often here."

After some investigation, this already dangerous stretch of freeway was proven to not be the only factor in the accident: an odd tire was left behind amidst the mangled steel of the crash. The tire was from the left rear of the F-150 and was manufactured by Continental Tire who had recalled certain sizes of its ContiTrac AW tires in 2002. The tread from the F-150's tire was torn off in the fashion that had been reported for the recalled tires with "lower than specified rubber gauge between the belt edges."

It is possible that a faulty piece of a equipment was the reason that five people died in this tragic accident. An Ontario personal injury lawyer would suggest staying current with any reports on recalled equipment and to pursue any product liability lawsuits that may arise if you have been the victim of malfunctioning car parts or any other kind of product.

Ontario Increases Safety Traffic Features and Illegal Firework Citations

An intersection near Chaffey High has recently been restructured after it became the site of two separate hit-and-run injury accidents. The first victim was a 15 year-old boy who was riding his bike across the Euclid Avenue portion of the intersection. His father pleaded with the city council to improve the crosswalk there to lower the risk of future pedestrian accidents.

The revision did not come soon enough for a 17-year-old girl who was critically injured while crossing the intersection only a couple months later. The family of the girl filed a $5 million claim against the school district for the danger surrounding the school and the city promptly worked with Caltrans to install a standard traffic light that can be triggered for pedestrians needing to cross.

Illegal firework laws have also become more strict, especially around the 4th of July and New Years. The fine has increased to $1,000 for possession of illegal fireworks and many more checkpoints are planned to find people attempting to transport fireworks from Nevada into San Bernardino County. In 2004, officers passed out 104 citations and in 2005 they passed out 68 in the county.

The increase in fines and concern is to protect residents, their children and their property from catastrophic injury that is often a result of dangerous fireworks being set off amidst celebrations.

Though it seems the new laws are affective, "There's a lot more work that needs to be done," according to a police detective of Fontana, a neighboring city to Ontario.

Thursday, July 1, 2010

Maritime Law - The Effects of Hazardous Weather on Maritime Workers

Nobody likes nasty weather. Hurricanes, blizzards, tornadoes and even just foggy, soggy days are a plain nuisance and not something that anyone truly looks forward to. For people who spend their lives and make their living on the sea though, bad weather is more than just a nuisance; it can be a mortal threat. Maritime workers are in an already risky business as there is a chance, every time that their ship sets out for sea that it might not return. Add to that the constantly changing and sometimes volatile nature of the sea and the dangers that seaman face on a day to day basis is already extraordinarily high. Throw in some truly severe weather and you have a recipe for disaster.

Most people would probably venture to say that smart money would be on staying ashore during hazardous weather. The truth of the situation though is that often bad weather comes up out at sea, and the ship and crew have no option other than to weather the storm where they are. There is really very little chance of outrunning a storm, and they very rarely follow a totally predictable pattern. Another fact is that, for a ship, bad weather is often best weathered away from port, where there is less chance of the ship being dashed upon rocks. For a ship's owner and captain, preserving the vessel is often top of mind.

For a maritime worker, hazardous weather means that there is extra work that needs to be done. While those that work on land can hunker down during an ice storm, and wait for it to pass, those aboard a ship must constantly work to break the ship free from the ice. During a tropical storm, people on shore stay inside, barricaded against the winds and rain. Maritime workers often find themselves out in the thick of it, lashing lines, securing beams and making sure that all that is supposed to be on deck stays on deck.

For maritime workers, hazardous weather means that their already dangerous jobs are even more risky, and that their increased mortality rates are even higher than usual. For fisherman especially this can be a near deadly situation. Many fishing boats will continue to drop their nets and trawl, even during vicious storms, all in the hopes of landing a good catch. For the fishermen aboard the boat, this means also hoping that they are able to stay aboard and unharmed.