08 May

Traumatic Brain and other Injuries

Traumatic Brain and other Injuries

Our San Antonio, Texas based Legal Group has outstanding results in cases involving airplane crashes, traumatic brain injury, head injury, personal injury, catastrophic personal injuries, mass torts, medical malpractice, professional negligence, class actions, civil rights, environmental disasters and wrongful death.

Economic Losses in TBI Cases:

If you or a family member has sustained a traumatic brain injury, the chances are you already have first hand experience of the overwhelming financial burden that these injuries cause.personal injury lawyers

The following two case scenarios demonstrate damages sustained in a so-called “mild” traumatic brain injury case, as well as a “moderate” to “severe” traumatic brain injury case.

Case No. 1:

A seventeen-year-old young lady is driving home from her evening class at a local college when a car operated by another individual swerves across the center divider and hits her straight on. She is evacuated by helicopter to the closest trauma hospital whereupon a craniotomy is performed in order to release the pressure resulting from multiple subdural hematomas. Additionally, as a result of spinal cord injury, the young lady is rendered quadriplegic. The catastrophic injuries are apparent to all. The victim’s brain damage renders her a functional five-year-old in mental development. She is fed through a gastrostomy, and will require attendant care the rest of her life.

Case No. 2:

A forty-two-year-old working mother of three is stopped before a crosswalk allowing an elderly pedestrian to cross the street with her walker when her car is suddenly and unexpectedly rear-ended. She keeps her foot on the brake in order her vehicle is not pushed into the crosswalk thereby striking the pedestrian. The force of impact appears to have been fairly minor. There is approximately $1,200 damage done to her car. She does not lose consciousness. Other than a diagnosed cervical “strain”, CT scans and other neurologic testing are without adverse finding. Within several months, however, thevictim’s family notices a marked change. She expressed difficulty with attention and concentration and ultimately loses her job. Her life spirals in denial, confusion and discomposure. Finally, a treating health care provider concedes that she sustained a so-called “mild” traumatic brain injury. accident injury lawyer

The above two case scenarios are a mixture of facts involved in actual cases brought within the court system in the State of California. The effects of brain injury were profound on both victims, although due to the extent of those injuries, their damages were somewhat different.

In a case involving catastrophic injury, the failure to obtain adequate compensation will deprive the victim of the very funds he/she may need in order to survive. Often times, and especially where the victim’s injury dictates on-going medical care, the future economic loss may be staggering.

Contrast the catastrophic injury case with a “mild” TBI case. Often overlooked or misunderstood, a case involving so-called “mild” traumatic brain injury, with corresponding cognitive deficits, will cause a devastating impact on the vocational abilities of the victim, not to mention the impairment to quality of life.

Perplexity and distractibility are among the most common problems associated with brain injury. Any cognitive deficit, including impairment to attention and concentration, will have a devastating impact on an individual’s ability to work and perform properly on the job. Necessarily, the quality of life is deeply affected.
personal injury attorneys
Areas of financial responsibility will generally fall into the following categories: (1) past, present and future medical bills; and (2) past, present and future lost wages and earning capacity. Obviously, the victim has also sustained compensable damages relating to pain and suffering and emotional distress, although those damages are not discussed herein.

(a) Past, Present, Future Medical Expense. The good news is that even if you are without insurance, when you are transported from an accident scene, or place of injury, to a trauma facility, you will not be turned away. Even comatose individuals without insurance will initially be treated by a trauma facility. However, the length of treatment, quality of treatment and treatment options may be curtailed in individuals without appropriate coverage.

If another person’s negligent or intentional acts cause the infliction of traumatic brain injury, there is no reason why that individual should not be held responsible for payment of your medical expenses. After all, if your own insurance is not sufficient to cover the losses, then the taxpayers will be left with the burden of funding whatever treatment you receive. The allocation of financial burden between the taxpayers and a negligent or intentionally wrongful actor should be an easy decision.

To give you an idea of the staggering health care costs involved in a typical catastrophic case, once again turn to Case Scenario No. 1, above. In a 1995 case, proceeding to trial in California, the health care costs of a spastic quadriplegic brain injured young lady were estimated at $106,000 per year through age 45 and then, when her parents die the costs were estimated to increase to $303,000 per year. The total future lifetime costs, assuming a below historically based medical inflation rate of 5%, is over $166,000,000. When reduced to present cash value (using a historic U.S. Government bond rate), the cost is still $14,000,000.

Obviously medical expenses incurred in the “mild” traumatic brain injury case are considerably less. Life care plans developed for victims of “mild” traumatic brain injury do not typically include ongoing orthopedic care, ongoing neurologic care, round the clock therapist care, and other expenses more commonly required in the catastrophic case. However, emergency room bills were likely incurred, and they are never cheap. Radiological studies, including CT scans or MRI may have been ordered. If properly followed, a neuropsychological assessment has been incurred, and rehabilitative training follows. With today’s health care costs, the price tag for such treatment is not inexpensive.personal injury representation

(b) Past, Present, Future Lost Wages/Impairment to Earning Capacity. In a catastrophic injury case, the victim may never be able to hold a job again. Where the victim is an adult parent, children and other dependents are left without any meaningful source of support. Obviously, a life is shattered. The loss represents the entire earning capacity of that adult from the time of injury through his/her work life expectancy. Often times this amounts to over a million dollars even when relegated to present value.

In a case involving “mild” traumatic brain injury, earning capacity is also dramatically impaired. Virtually all tasks performed in the vocational setting require concentration and attention. Where a victim of mild traumatic brain injury has incurred attention and concentration deficits, job performance is adversely affected or outright prohibited. In many instances, the victim will require complete vocational rehabilitation training. Simply put, the victim will be unable to return to his/her former line of work. Obviously, chances for job advancement are greatly curtailed.

(c) The Lawyers’ Role in Presenting Damages. In the litigation arena, it is your lawyer’s job to present your damages in order you be compensated for your injuries. In the catastrophic case, the presentation of such damage figures becomes an art unto itself. Jury alienation is always a concern, even where such damage figures are reduced to present value.

In the “mild” TBI case, the jury must be made to understand that the cognitive deficits affecting this outwardly-appearing “normal” human being will have a devastating impact on that individual’s ability to work and perform properly on the job.

In most instances, in addition to the testimony of treating physicians, life care plan specialists, vocational rehabilitation specialists, and forensic economists will be employed. By using these specialists, a jury is given the entire “needs” framework of the traumatic brain injury victim. The care given in the past, and the reason for that care is explained. Future care needs are likewise explained and all care costs are quantified and relegated to present value. Similarly, earning capacity is explained and mitigating income is taken into account. In all, the jury is left with a thorough understanding of the severity of economic needs of a victim with traumatic brain injury.

01 May

Frequently Asked Questions About Accidents

Frequently Asked Questions About Accidents

What if I want to make a claim for my injuries?
What if someone sues me?
Should I get physical check-up after the accident?
How can I get help?
What should I do if the other driver does not have insurance?
How does attorney fee structures work?
What is attorney-client privilege?

1) What if I want to make a claim for my injuries?
If the other driver was at fault, you may be entitled to compensation – for your personal injuries, pain and suffering, car damage and other expenses, such as lost wages or the cost of a nurse needed after the accident. You should make a claim with the other driver’s insurance company a.s.a.p . But, if you are not satisfied with the amount they offer, you may want to contact a attorney . personal injury attorneys
If you plan to sue, do not delay. There are time limits for filing various types of claims – usually one to two year after the accident, but sometimes much less so act quickly, you can sue for $5,000 or less in small claims court. A lawyer can’t represent you in this court, but you can talk with one beforehand.
If you want to sue for a larger amount, you will need your own lawyer. An insurance company lawyer cannot represent you if you are the person who is suing (the”plaintiff”). Many lawyers take accident cases on a contingent “fee” basis. That means you do not pay the lawyer if you lose the case. If you win, you pay the lawyer a percentage of the money you get. Most lawyers charge a smaller percentage if the case is settled before the lawyer does all the work necessary to go to trial. If you and your lawyer agree to a contingent fee, the lawyer must put the agreement in writing and give you a signed copy. The contract should explain what percentage the lawyer will get if you win and how it might vary. It should also state who will pay for any court costs.

2) What if someone sues me?
Contact your insurance agent and/or your lawyer right away. Generally, your insurance company will assign a lawyer to handle your case. But, if you are sued for more money than your policy covers, you may need your own attorney too. Also, insurance company lawyers do not handle traffic citations or criminal cases, such as hit and run charges. If you are charged with a crime and cannot afford a lawyer, call your county’s Public Defender. Depending on your income, you may qualify for free assistance. To find the Public Defender, look in the white pages under the name of your county.

3) Should I get physical check-up after the accident?
A check-up may be a good idea for both you and your passengers. You could be injured and not know it right away. At least call your doctor or another health care provider for help in deciding what your needs may be. Your automobile insurance may pay your health care bills.car accident lawyers

4) How can I get help?
As soon as you can get to telephone, call 911. Explain the situation and give your exact locations, so help can arrive quickly. Be sure to mention whether you need an ambulance or a fire engine. Or, flag down a passing car, and ask the driver to go for help. Perhaps the driver will a cellular phone in the car and can make an emergency call on the spot.

5) What should I do if the other driver does not have insurance?
If the other driver caused the accident and is not insured, your own policy will pay for your personal injuries – if you have “uninsured motorist” or medical payments” coverage. If the other driver’s insurance is not enough to pay for all of your damages, your own insurance may pay the difference – if you have “underinsured motorist” coverage. If you do not have these kinds of insurance or if your damages are more than the policy’s limit, you can sue the other driver. However, even if you win the case, you cannot be sure that the other driver has the money to pay. If you have collision insurance, it will pay for damage to your car, no matter who is at fault.

6) How does attorney fee structures work?
Most attorneys charge by the hour. Other fee structures include flat fees, contingent fees or retainer fees. The following provides a simple explanation of how each kind of fee structure works.
The hourly rate primarily depends on the attorney’s experience, although other factors include operating expenses and the location of the practice. An experienced attorney may also be able to give you a better estimate of how much (s)he will end up charging you. personal injury attorneys
Attorneys will charge a flat fee when dealing with a more common legal matter, such as composing a will or drafting bankruptcy filings. When dealing with a flat fee, ask what it covers.
Another common fee structure includes a retainer fee. Retainer fees involve creating an escrow account into which you pay in advance, and they deduct from this account in accordance with their hourly rate.
Attorneys occasionally use a contingent fee structure. In this kind of fee structure, the attorney does not charge any fees, but instead takes a percentage of the settlement (usually 33%) and fronts all costs related to bringing the matter. Contingent fee structures are usually used in personal injury cases and debt collection cases, but are not allowed in divorce, criminal or child custody cases.

7) What is attorney-client privilege?
Attorney-client privilege means that any legal information or matter that you discuss with your attorney cannot be discussed with anyone else. Aside from a few exceptions and unless you consent to release legal information pertaining to your case, s(he) is required, by law, to keep all of your information confidential

25 Apr

Most common Types of Car Accidents

Most common Types of Car Accidents

Car accidents come in all shapes and sizes, each one different from the next. However, most of them are similar in that they can cause serious injury, expense and frustration for those involved. Most of them also fall into one of a few different categories:

Head-on / front end collisions
Rear end collisions
Side impact collisions / t-bone collisions

Take a look at the information in the following pages to learn what type of car accident you’ve been involved in and what the risks are of each. Then, check out our Legal Options page to decide what you can do to recover from your accident and whether you need the help of a qualified and experienced car accident lawyer.

Rear end collisions

Rear end collisions occur when one driver strikes another at or near the rear of their car. These collisions can occur when the driver in front stops quickly or unexpectedly, causing the second driver to impact the first without the ability to stop. personal injury attorneysMore often, however, the second driver impacts the first who has slowed or stopped ahead when the second driver’s attention is diverted or distracted. Rear end collisions can cause injuries to the entire body, especially the neck, back, shoulders and knees of all drivers and passengers involved. Rear end collisions are especially dangerous to children traveling in either car.
If you are a passenger or driver of either car, it is important that you seek medical attention immediately should any symptoms begin after such an accident. Rear end collisions can be the fault of either driver so it is also very important that a qualified lawyer review your case soon after the accident.

Head on collisions
Head on collisions occur when two cars strike one another at or near the front of each car. accident injury lawyers san antonioThese collisions can occur when one driver runs into the lane of another, when one driver travels into an intersection or when a driver turns the wrong way down a street. This is often due to a lapse of attention, intoxication or negligence in driving.

Side Impact (T-bone) accidents
Side Impact accidents occur when one the front of one car strikes the side of another. These collisions can occur when one driver travels into an intersection or when one driver pulls out into the path of another. This is often due to a lapse of attention, intoxication, or negligence in driving. personal accident lawyers
If you or a loved one has been the victim of a car accident, you may be eligible to recover damages including pain and suffering, mental anguish, medical bills, lost wages, and more. Please contact us today for a FREE consultation with a qualified Florida car accident lawyer who can answer all your questions and ensure that your legal rights are protected.

30 Mar

You Really Need A Car Accident Lawyer These Days

You Really Need A Car Accident Lawyer These Days

The road is full of cars and the more cars are on the road, the more likely a person can get hit by a vehicle or there is always a possibility that he can get caught in an accident whether he’s crossing the street, whether he’s driving a car or whether he’s just sitting at the back of the bus. Accidents do happen and there is nothing you can do about it. Once you’ve stepped out of your house, you are prone to it. You can be lucky enough if you have reached your destination without a scratch or a dent on you.personal injury attorneys

That is why, you really need a good car accident lawyer whenever you are involved in some mishap on the road because even with an excellent constitution, justice is not an automatic thing and more often than not you will need to fight to get it, you will need somebody to stay at your side who is well-versed with the said justice system and will always try to help you get out of the situation you’re in, whether you’re the victim or the person in-fault.

It is a reality that you have to accept and face and appreciate the fact that so many things can go wrong in your pursuit to get paid after a minor or horrific car accident which harms you in a bad way both physically and financially. A good experienced lawyer knows that time is of essence in collecting the right evidence from the scene of the accident before it vanishes forever. As what they say, ‘Justice delayed is justice denied’. A car accident lawyer will prove to court that you are not the one who provoked or started the accident and if you really are the one, he will help you make an appeal or whatever it is that will make everything easy for you.

It is reported that every year, there are more 4 million car accident-related injuries suffered and sadly in most cases the accidents could have easily been avoided. There are many reasons why accidents do happen and they can range from using cell phones while driving, crossing the street on a non-pedestrian lane, DUI or ‘driving under influence’, not following or ignoring traffic signals and signs and generally, reckless driving.

An excellent vehicle accident lawyer will need to quickly identify the real cause of the accident and then goes to prove on a court what really happened. If the lawyer cannot do this, then your high expectations of compensation will remain but just another hopeless dream and will remain a dream.accident injury attorneys

The accident lawyer that you are about to hire should be very observant and very keen and attentive to so many things especially where serious injury has occurred that could compromise the livelihood of the victim for the rest of their lives and will depend on the kind of compensation that they will get from that accident. The lawyer has awareness that inadequate compensation will mean a life of hellish misery for the victim.

That’s why, you need to find a good car accident lawyer and so as not to make you waste a lot of time and money looking for the best one, it’s best to search for them online. Right now, lots of lawyers have their own websites so they can cater to a lot of people who needed their help

About the Author:

Having difficulty in looking for the Right lawyer? Then, this site will give you all the best information regarding the best lawyers in the land, from divorce lawyers, personal injury lawyers and accident lawyers. If you need more reviews for legal cases, then have a look-see at http://lawyer-attorney-world.com/