Archive

Posts Tagged ‘car accident’

Getting A Lawyer For An Auto Accident Case In California

August 16th, 2010

It’s not a particularly difficult thing to understand, is it? You are driving within speed limits on your own lane and another driver backed right into the side of your SUV, denting the door shut, losing his own tail lights, and having the bumper lost in there somewhere. But things don’t seem too bad when you get out of your car and he out of his; and he apologizes for being such a klutz and setting it all off; and you give him your insurance info, and he gives you his; and you both get back in and drive off. Imagine your surprise the when after you have waited for them to contact you for quite a while what you get is a mail that orders you to appear in court - you should have been the one suing!

It really looks simple enough, don’t you think? Maybe then, but certainly not at this moment; which is pretty much how it is when you think about auto crashes all over the United States - nothing is ever that simple. Even though you seem guiltless in the incident, you might be found guilty in court and have to disburse for the damages to both your car and the other one because you failed to pay proper attention.

But there are so many of them; who could possibly memorize them all? Truth is, you can’t; but at least your auto accident lawyer can. The American Institute for Highway Safety reveals that the states of California and Texas are respectively the first and second highest ranked in auto accidents and fatalities in this country. With 3,643 death causing car accidents and 4,078 resulting deaths in the former to 3,255 crashes and 3,725 deaths in the latter, there is little question here. For this reason California state highway laws are among the most stringent in the country, and you simply should never try to navigate your own way through them without an auto accident lawyer.

I’ll mention just two of them - Gillin Jacobson Ellis & Larsen, and the Henke Law group; the former considered one of California’s more popular law chambers, the second dealing in all kinds of severe bodily harm cases occurring from car and motorbike crashes through the north and south of the state. Several others can be located and contacted through websites like autoaccidentlawyers.com, or with the aid of a proficient search engine.

Increasing safety in the operation of motor vehicles by special methods and efforts, a reduction in accident fatality rates translates into saving lives and property, but even the few that do occur have to be accounted for. If you are liable, you should pay, but not more than you should; and if you are not, you should totally be let go; and you might lose out on your slim chance at having things go your way if your attorney is not by your side when the legal chips fall down in California State.

Accident Attorney

, , , , , , , , , , , , ,

Whiplash Injury Collision Research Revealing Chronic Pain Even After Therapy

July 27th, 2010

Aches in the cervical spine, shoulders, head or the base of the skull that occurs after a motor vehicle collision are often known as “acceleration deceleration injury.” It’s a common term that most patients hear following an auto collision. Most patients with acceleration deceleration injury recover in a few weeks or at most, a few months. However, 15 to 20% of people develop chronic ache. Acceleration deceleration injury is not a trivial problem, because once it has occurred; only 70% have recovered completely by one year and only 82% have recovered completely by two years. In addition to cervical spine ache, there are many symptoms associated with the acceleration deceleration injury syndrome and include sleep problems, poor concentration and memory, blurry vision, ringing in the ears, fatigue, and weakness.

The therapy for acceleration deceleration injury syndromes depends on the stage and degree of the problem and which structures have been injured. Therapy can vary from chiropractic care, physical therapy, orthopedic intervention and more. In addition to soft tissue injury, ache that persists after four to six months is usually due to injury to the facet joints, one or more discs, or both. The diagnosis can usually be made by injections, MRI, and X-rays. Therapy is usually successful, but may require physical therapy, injections, and occasionally surgery.

The term whiplash is confusing to many. This is because it is both a mechanism of injury and the symptoms caused by a car accident. It is due to a traumatic event that causes the head to move suddenly in a whipping motion in one direction and then recoil in the other direction. The most common cause of whiplash is a motor vehicle accident in which one vehicle is struck from behind by another. However, it can occur when a car stops abruptly after striking a pole, a wall, or another car, and can also occur after a side impact.

Significant damage to ligaments, discs, and joints can occur even if the swings of extension and flexion are not excessive, but often the neck is forced to the extreme ends of normal range or beyond. Because the trauma is usually sudden, occupants of the car are not prepared for the impact. The muscles are relaxed, which allows more forces on the discs, ligaments and joints. Perhaps the most important fact about whiplash is that significant pain and structural damage can occur even in low velocity crashes.

It is the patient with constant pain without any other specific findings on examination or specialized tests that presents the most difficult problems for the patient himself or herself, the doctors, and the legal system in personal injury. In the first few weeks to months after motor vehicle accident, it is often impossible to determine the exact cause or causes of the pain associated with the injury. The symptoms and signs are not sufficiently specific in the case. In almost every instance, the muscles and ligaments have been strained and may be inflamed, painful, and tender. However after about three months, primary muscle or other soft tissue injuries usually have healed.

In a research study by Drs. Bogduk and Aprill, in 23% of patients, facet joints alone were the cause of pain, in 20% of patients the discs alone were the cause of pain, and in 41% of patients both the facet joints and discs were contributing. They were not able to identify the source of the pain in only 17% of their patients. The most common causes of persistent pain in whiplash are the facet joints and the discs. There is a poor correlation between the radiographic appearance of the joints and whether they are painful. Some joints which look bad are painless while other joints that look normal can be proven to be a source of pain. Only facet injections can determine whether the joint is painful.

Many acceleration deceleration injury patients have symptoms which seem unexplainable, such as headaches, ache in the shoulders, between the shoulder blades, or in one or both arms. These symptoms can significantly impact activities of daily living. There may be fatigue, dizziness, problems with vision, ringing in the ears, heaviness in the arms, and low back ache. There can be poor concentration or memory, change in emotions with irritability, depression or short temper, and sleep disturbance. Dizziness occurs in one-quarter to one-half of people with acceleration deceleration injury. Again, researchers are not sure of the cause. The most likely explanation is an injury to the part of the inner ear that regulates balance. Problems with memory and concentration can be due to the ache itself, depression, medications, or trauma to the brain. Visual disturbances occur in 10 to 30% of acceleration deceleration injury patients and blurred vision is the most common.

Fortunately, most people who suffer neck pain after a whiplash injury will recover by six months. However, a small percentage of people continue to have pain. Most patients destined to recover completely will have done so by three to four months, after which the rate of recovery slows markedly. By two years, essentially all patients have reached their individual maximum improvement. About 18% continued to have significant pain two years after the accident! Patients who did not get well tended to be older, had pain which began sooner after the accident, and/or had their head rotated to either side at the time of impact. They also found that patients who, before the accident, had a history of neck pain, arthritis of the neck, or headaches did not do as well.

Common sense would tell us the greater the ache and impairment, the larger the legal settlement or award might be. Rarely, patients may exaggerate their symptoms or be faking. However, a bigger question is whether the potential for money from a legal settlement can unconsciously prolong or worsen the ache. This is known as “secondary gain” and it is unconscious, not fraudulent. The science shows that personal injury litigation does not adversely affect outcome. In 1983, Drs. Norris and Watt reviewed 61 patients who were treated for acceleration deceleration injury injuries, 41 of whom had personal injury lawsuits. They found no change in symptoms after claims were settled. About ten years later, long after litigation had settled, only 12% had completely recovered, and 48% had ache which interfered with normal daily life. In another study from 1993, Drs. Parinar and Raymakers re-evaluated patients they had seen previously for legal opinions, not for therapy, 8 years after the initial consultation. They concluded that lawsuits did not influence the timing or degree of recovery.

Several years ago a group of patients were analyzed. They were referred for therapy by their attorneys because they were not getting better. The patients were treated with strengthening exercises, body mechanics training, medications, spinal injections and occasionally psychotherapy. No patient in this study needed surgery. Most of the patients did well with significant improvements in ache and function. Although most patients still had mild ache at the end of therapy, it was not enough to interfere with their daily lives. These very favorable results occurred although none of the lawsuits had been settled.

Injury Attorney

, , , , , , , , , , , , , , ,

Helpful Information On The Area Of Law Called Torts

June 25th, 2010

Learning About Tort Law

Almost all accidental injury legal actions come under the larger classification known as Tort Law. Tort law describes lawsuits involving civil wrongdoing which can be redressed by awarding money damages.

Torts are generally civil wrongs acknowledged by law as reasons for a lawsuit. These wrongs cause an injury or harm constituting the basis for a complaint by the injured person. Even though some torts are also criminal offenses punishable with criminal consequences, the major aim of tort law is to grant compensation for the loss sustained and prevent people from committing the same harms. The injured individual might sue for an injunction to stop the continuation of the tortious actions or for financial damages.

Among the forms of damages the injured plaintiff may get are: loss of earnings capacity, pain and suffering, and reasonable medical fees. They may include both present and future expected losses.

There are numerous recognized torts including trespass, assault, battery, negligence, products liability, and intentional infliction of emotional distress.

Torts fall under three broad categories: intentional torts (e.g., intentionally striking an individual); negligent torts (e.g., causing an injury by failing to observe traffic laws); and strict liability torts(e.g., liability for producing and distributing defective goods). Intentional torts may include those wrongs which the defendant knew or should have known could arise via their behavior or inactions. Negligent torts happen when the defendant’s actions were unreasonably hazardous. Strict liability wrongs do not depend on the level of disregard by the defendant, but are proven when a unique action causes harm.

There are also separate areas of tort law like nuisance, defamation, invasion of privacy, and a category of economic torts.

Tort law is different from state to state created by judges (common law) and by legislatures (statutory law). Quite a few judges and states employ the Restatement of Torts (2nd) as a crucial manual. The Restatement is a book prepared by the American Law Institute whose goal is to provide an organized record of the common law of the United States.

Injury Attorney

, , , , , , , , , , ,

What To Know After You’ve Been In An Auto Accident

May 1st, 2010

The fact is that, at some time in our day-to-day lives, the majority of people will experience a vehicle accident. If you are in a car accident, even though you are not hurt, there are several things that you really should and really should not do.

In the event you are taking part in personal injury litigation stemming from a car accident, you will benefit from visiting a car accident legal professional.

If you are involved in a major accident involving injury, or significant damage to property, stay at the incident location until the police tell you that you can leave. When you have any concern concerning whether the damage attributed to the accident is considerable, err on the side of extreme care. In the event that the law calls for you to wait for the police, leaving the scene of a car accident can result in driver’s license revocation and even criminal charges.

In the event that another person is injured, and you are educated in administering first aid, try to assist. Don’t move an seriously injured person. Have somebody call the police to report the incident. The person who calls the police should notify the police that people are injured, if doable also furnishing the details of injured persons, so that enough emergency personnel respond to the location. When you are on the freeway, turn your flashers on, or use flares to notify approaching drivers of the accident.

In any accident, you should get the following details about: The other driver: Name, address, driver’s license details, insurance information, and license plate details. Witnesses: Name, address, and telephone details. Police officers: Ask the police officers who investigate the traffic scene to supply you with a business card, with the “incident number,” so that you can obtain a vehicle accident report. Most officers will deliver this information to you, even in the event that you don’t ask. The location: You may wish to take notes about where the accident occurred, the road conditions, speed limits, traffic control devices, the weather, and the lighting. The crash: You may wish to take notes about how the crash transpired, such as the direction of travel of the cars or trucks involved in the crash, and what the vehicles were doing at the time of the impact.

Take note that when litigation results from the crash, you may have to share your notes with someone that you are suing, or an individual who is suing you.

Even if you feel you are at fault, do not admit liability. There can be factors which you don’t know, which played a function in the incident, and it may turn out that the other individual was more to blame than you.

Do not make assertions to anyone at the collision scene, except for the police. When you speak to the police, tell them only the information of what occurred. Let the officers draw their own conclusion from the facts.

If you are in a state, where no fault insurance law covers medical treatment resulting from a vehicle impact, and don’t try to get medical care, you may later learn that you are unable to get “no fault” benefits for your injuries. Your insurance company may state that your injuries arose from something that took place after the accident.

In the event that you are harmed in the mishap and sue the other driver, you may likewise find that the other driver claims that your injuries were not related to the mishap.

Also, the adrenaline from the mishap can mask your symptoms — a physical examination may reveal personal injury that you do not yet feel.

Tell the health care professional when you have any loss of memory, headache, blood or fluid in your ear, dizziness, tinnitis (ringing in the ears), disorientation, nausea, confusion, or any other odd physical or mental feeling. Several people hit their heads, or suffer brain injuries in automobile accidents, and don’t know that they are hurt. It is best to be safe, by communicating your symptoms so that the health care professional can rule out the chances of a concussion or brain injury.

Accident Attorney

, , , , , , , , , , , ,