Personal Injury

Whiplash occurs when a person suffers a sudden impact that causes the head to snap forwards, backwards, or sideways. The violent force of this jerking motion causes the muscles, tendons, and ligaments to stretch or tear. Such injuries are sometimes classified as sprains or strains of the neck. Whiplash is most commonly the result of a car accident, but can also be the result of participation in contact sports like football, or from being the victim of an act of violence. Any time the neck is hyperextended or hyperflexed, a person is at risk for whiplash.

Symptoms of whiplash include muscle soreness, stiffness, and tenderness. Victims also typically suffer reduced range of motion. Other common maladies associated with whiplash include headaches, dizziness, fatigue, jaw pain, numbness and weakness in the extremities. Some people with whiplash experience ringing in their ears, blurred vision, and memory problems, though these symptoms are less common. Many people ignore whiplash symptoms which may prolong or worsen their consequences. Those who blame the soreness and stiffness of whiplash  on sleeping in an uncomfortable position and dismiss the pain as temporary often fail to seek treatment in a timely fashion. This can lead to more serious problems, including depression, anxiety, and sleep disturbances. It is important to seek medical attention and to treat whiplash symptoms as soon as possible after an accident in order to avoid complications. 

Doctors' opinions vary on the best way to treat whiplash symptoms. Different doctors may recommend icing the affected area, using painkillers or drugs to numb the pain, using a neck brace or collar to immobilize the neck, physical therapy and exercises to stretch the sore muscles, acupuncture, massage, or chiropractic manipulation. Many physicians may recommend a combination of strategies. Only a licensed medical professional is qualified to give advice on how to treat whiplash. 

An skilled attorney can handle the legal aspects of the accident to help ensure that the injured party can concentrate on the important work of physical recovery. The lawyer will obtain police reports, witness statements and other evidence to prepare a lawsuit against the individual responsible for the whiplash injury.  The lawyer will also document medical expenses, seek approval for required tests, and file a claim or a lawsuit on behalf of an injured party. The lawyer’s experience in dealing with insurance companies ensures that victims of whiplash-related injuries are reimbursed for their pain and suffering as well as for their medical expenses. 

What is soft tissue damage and how is it treated?

Soft tissue damage refers to damage done to the muscles, ligaments, and tendons throughout the body.  Often referred to as sprains, strains, contusions and tendonitis, soft tissue damage is usually caused by a traumatic event such as a slip and fall or a traffic accident.  It can result in swelling, bruising, and loss of function.   Immediately after an injury, the area affected by soft tissue damage should be protected, rested from any strenuous activity, kept cool with ice to regulate swelling, compressed and elevated.  If pain continues after 72 hours, it is likely that the injury is more than a simple sprain or strain.  When the soft tissue is inflamed for a long period of time it could result in serious, long-term damage.

When soft tissue damage exists in the back and the spinal column is compressed, it may result in what is commonly referred to as a pinched nerve.  Each vertebrae is separated by a gel filled sac that acts as a cushion between the bones.  When the muscles surrounding and supporting the spine are inflamed, it pushes the bones together, squeezing the sac and causing it to bulge, called a bulging disc.  In more serious cases, the sac actually ruptures.  This is called a herniated disc.  Besides being incredibly painful, these conditions can result in weakness or numbness in the extremities, known as radiculopathy.

MRI can confirm the existence of a bulging or herniated disc.  Treatment varies depending on the severity of the case.  For some, physical therapy and chiropractic manipulation will be enough to heal the damaged area.  This is considered conservative treatment.  There is the possibility that an epidural injection to the affected area could help reduce inflammation and give the injury an opportunity to heal.  If nothing else is successful, spinal fusion or decompression may be an option to reduce pain. A doctor should be consulted before engaging in any sort of treatment.  

10 Things to Bring to Your First Meeting With Your Attorney

Hiring an attorney is not something most people do every day, so being a little bit unsure of how things are going to go is perfectly normal. To help ease some of the stress and make the process go more smoothly, take time to compile and bring the following list of items with you to your first meeting.

1. A list of all your contact information. Your lawyer is going to need to know your full legal name and any other names you go by, your address, phone number(s), and email address.
   
   
2. The names and contact information of other people that might get involved with the case - people on the other side, people on your side, witnesses, doctors, police, insurance agents, etc.  If a case has already been filed against you, the name(s) and contact information of the lawyer(s) representing the other side will also be needed.
   
   
3. A typed up or written down account of the circumstances surrounding the situation that is causing you to seek legal help. Try to make your summary of events as detailed as possible. If writing or typing isn’t one of your strengths, try creating an audio recording.
   
   
4. A timeline of events. The best way to do this is to buy a calendar, write all the important events on it, and bring it to the meeting with you.
   
   
5. Any materials (including documents, digital files and photos) you have that relate to your legal matter. If possible, put the documents in an order that makes sense when paired with the summary of events and timeline you put together above.
   
   
6. A list of information (particularly documents) you wish you had or thought you had but can’t seem to find now.
   
   
7. The truth. You don’t have to swear to tell the truth, the whole truth, and nothing but the truth unless you are taking the witness stand in the courtroom, but lying to your attorney will not help your case. 
   
   
8. Bring a good idea of what you hope to get out of the case. Think about what winning looks like to you. It is difficult for your attorney to figure out how best to help you if they don’t know what you want. 
   
   
9. An open mind paired with a good sense of what your gut is telling you. Your lawyer may suggest a solution that you would never have imagined, or let you know that you don’t have a case. Listen to what they tell you, but don’t be afraid to share your thoughts on their suggestions.
   
   
10. A list of any questions you have. The meeting will be far more productive if you leave without nagging questions or lingering doubts.

Just Discovering Your Injury:  Do You Still Have a Claim?

A person worked with certain chemicals for many years and has just been diagnosed with cancer as a result of this exposure.  Or a person went in for surgery a long time ago and has just been alerted to the fact that someone left a surgical sponge inside them.  The point is that some injuries can remain unknown for long periods of time before they begin to have an effect or the person becomes aware of their existence.  These are called latent injuries and they are quite common.  If you have suffered a latent injury and have just discovered it, you might be worried that it is too late to make a claim.  Luckily, this is usually not the case.

A statute of limitations is the time period in which a claim can be filed.  After the statute of limitations has expired, no case can be brought as it is considered time barred.  Each type of claim has its own proscribed time limit and these vary from state to state and on the Federal level. Although most personal injury claims are subject to a statute of limitations, the law provides an exception for latent injuries

Usually, the statute of limitations begins to run at the time that the injury occurred.  This could cause a problem for someone who was unaware of his or her injury and is just discovering it now.  Some people do not become aware of their injuries until years after the statute of limitations has expired.  This is where the exception comes into play.  The law tolls or delays the start of the statute of limitations until the person knew or should have known of the injury.  This is an objective standard so the courts will consider what is reasonable under the circumstances in each case.  If reasonable, this exception allows a person who has just discovered his or her injury to make a claim even if they are well past the statute of limitations period. 

If you have been injured or suffered some type of harm and are just discovering it now, and you want to determine if you can make a claim, it is your best interest to contact a qualified personal injury attorney today.

“We Don’t Get Paid Unless We Win” – What does it all mean?

Each day, thousands of advertisements for personal injury lawyers can be found in local newspapers, on television stations and even on social networks like Facebook and LinkedIn. Most of these ads explain that the firm doesn’t collect any fees unless they win. Of course, there’s usually a catch with this statement and it centers around what the advertising firm means by “fees” and what other costs you might be expected to pay regardless of whether or not you win your case.

Attorney fees usually involve the time and labor of the attorneys and their staff. These fees do not include the out-of-pocket case costs that are inevitable in any court proceeding. So while you may not be required to pay any attorney fees upfront or at all (unless you win), you may be required to pay all related case costs. Case costs are usually expenses charged by third parties for work on your case. These may include court filing fees, expert witness fees, cost of obtaining medical records, court reporter fees, etc. Depending on the scope of your case and the duration of these proceedings, these fees can easily be thousands of dollars.

While some firms will require you to pay case costs as they are incurred, others won’t require upfront payment (especially, if you have a very strong case) and will instead deduct these expenses from the final settlement. Combined with legal fees, these costs may add up to 50% or even more of the settlement. In selecting an attorney for your personal injury matter, it’s important that you take time to understand what expenses, in addition to attorney fees, you will incur.

Injured By A Product:  Do You Have A Claim?

Most of the items we use on a daily basis are manufactured by a business operating somewhere in the world.  Think about it:  the vacuum cleaner, water heater, cell phone, the things we take for granted every day.  What if the water heater malfunctioned and you were burned or the vacuum cleaner exploded while you were using it.  If these accidents were due to a defect in the product, you might be entitled to compensation.

The elements for a products liability claim are relatively simple but can be difficult to prove.  Generally, in order to have a successful claim based on a defective product, the product must be faulty in one of three ways: manufacturing, design or marketing.  A manufacturing defect is one that occurs during production of the product.  A defect in design is one that exists in all of the products.  That is, something about the product makes it inherently dangerous.  A marketing defect exists when the product is dangerous in some way and a party involved in the manufacturing or sale failed to provide sufficient instructions or warnings to prevent people from being injured.  It takes research and often experts to discover a defect and an experienced personal injury attorney should be utilized in this process.

The second element in a products liability case is injury.  Someone must have been injured or sustained a loss in order to bring a products liability action.  They must also prove that the defect was the cause of the injury.   Proving that the defect was the cause of the injury can be difficult in products liability cases and it takes someone knowledgeable in the field to be successful.

In addition, in order to have a valid products liability claim the product must have been being used in the way it was intended used or in a manner that was foreseeable.  For example, a person cannot use the clothing iron to flat iron their hair and then claim that they were burned.  The clothing iron was not intended to be used this way and this would cause the products liability action to fail.

In the event that a person is injured and they have satisfied all of the other requirements for a products liability action, they have a valid claim.  Bear in mind that it is often difficult to determine if all of the elements were met until you consult with a seasoned attorney.  Contact us for a free consultation to discuss the specifics of your case. 

Bringing a Claim for Injuries When the Accident Was Partly Your Fault

In order to prevail in a personal injury case, you must be able to prove that your injuries were directly caused by the negligent actions of another. If you can prove that your injuries were at least partly caused by another, you may be able to receive compensation for your medical expenses, physical and emotional pain and suffering, permanent physical impairment or disfigurement, lost income, decreased earning capacity, property damage, or other economic losses.

If you have been injured in an accident, you may be entitled to recover compensation from anyone else who partially caused the accident, even if the accident was partly your own fault. The legal theories of “contributory negligence” and “comparative negligence” apply in cases where the plaintiff in a lawsuit was partially responsible for his or her own injuries.

“Contributory negligence” means the injured person’s actions, at least to some extent caused his or her own injuries. For example, someone who ignores a “Caution: Wet Floor” sign and subsequently slips and falls may be deemed to have been careless and, thus, at fault for his or her injuries. As such, contributory negligence can prevent the injured person from recovering any compensation, even when his or her carelessness was minor as compared to the fault of the other party. In some states, accident victims are entitled to recover compensation only if they can prove that the other party’s fault was greater.

In some jurisdictions, the concept of contributory negligence has fallen out of favor and is no longer applied. Instead, it has been replaced with the concept of “comparative negligence.” Comparative negligence means that the fault for causing an accident is compared among all parties, typically broken down as a percentage of fault attributed to each party. When this occurs, the monetary recovery awarded to the injured plaintiff is reduced by his or her percentage of fault. For example, if you were injured in a car accident that was determined to be 25% your fault, your monetary recovery from the other driver’s insurance company would be limited to 75% of the amount of your damages from the accident, an amount equal to that driver’s percentage of fault for causing the accident. By applying the concept of comparative negligence, each party is held accountable only for his or her percentage of fault for causing the injuries.

You may be deemed to be partially at fault for your injuries if you have failed to act with reasonably prudent care under the circumstances of the accident, or if you voluntarily assume a portion of the risk by exposing yourself to danger, such as by failing to use the available restraints on an amusement park ride or ignoring a posted warning sign.

The total value of your claim is based on many factors, including how easily fault can be apportioned among the parties, the seriousness of your injuries, medical treatments received and insurance coverage limits. Once the claim’s total value is established and the percentages are applied, a final figure for the injured plaintiff’s compensation can be determined.

Deposition Do’s and Don’t’s

How are Damages Calculated in Personal Injury Cases?

If you have been injured as a result of someone else’s negligent conduct, you may be considering a lawsuit to recover compensation. The compensation awarded to you, called “damages,” falls within two categories: compensatory damages and punitive damages. Compensatory damages are designed to compensate the plaintiff for actual losses sustained, and are further divided into “special damages” and “general damages.”

Special damages are those fixed amounts relating to your actual losses, such as medical expenses, lost income or costs to repair your property. General damages, on the other hand, include non-monetary losses, such as “pain and suffering”, your decreased ability to perform certain functions, or the loss of a loved one. Punitive damages, sometimes called exemplary damages, are designed to punish a defendant or deter similar conduct in the future.

The damages to which you are entitled are typically calculated based on the severity of your injuries, the underlying circumstances of the incident in question, and whether the case settles or proceeds to a trial. The following factors are typically considered:

• Medical treatment expenses
• Estimated costs of future medical treatment or therapy
• Past lost wages or income
• Future lost wages or income
• Costs to repair or replace damaged property
• Your out-of-pocket expenses, such as insurance deductibles or copayments
• Rental car expenses
• Funeral expenses, in wrongful death cases
• Emotional distress
• Pain and suffering
• Punitive damages, if the underlying act was particularly egregious or intentional

In the American legal system, damages are intended to compensate the plaintiff sufficiently to make him or her “whole,” i.e. restore the plaintiff to the same position he or she was in prior to the accident or injury. If you mediate your dispute or otherwise settle it out of court, the parties and lawyers will negotiate each item and come to an agreement. If your case is tried in a court, the judge or jury will calculate how much you are entitled to receive, based on the evidence presented at trial.

If you have been injured in an automobile collision, your attorney may require the assistance of an experienced accident expert to help prove who is at fault for the accident. Generally, in order to recover any compensation for your injuries or property damage, you will have to prove that the other party was somehow negligent. Accident reconstruction experts are professionals who have obtained specialized training in order to analyze the physics of the accident scene, determine vehicle speeds and movements, and effectively communicate their findings to the court or insurance company representatives.