Articles Tagged with injury

Passenger-Injuries-300x200While the safety features on vehicles advance, most manufacturers have focused on protecting drivers while leaving passenger safety systems deficient. Consequently, passengers often suffer the brunt of injuries. Depending on the circumstances that led to the accident, passengers may be able to hold the drivers of the cars they were in, drivers of other vehicles involved, manufacturers of defective vehicles or parts, and government entities responsible for their injuries.

Common Passenger Injuries

During even minor accidents, passengers’ bodies can be subjected to powerful forces, such as unexpected acceleration, abrupt stopping, and extreme rotation. Depending on where a passenger was sitting, the type of accident, and the speed of the vehicles, the severity of their injuries can vary substantially. For example, passengers seated in the front are more likely to hit their heads on dashboards and suffer traumatic brain injuries (TBIs). The risk of backseat passengers suffering whiplash or spinal injuries is significantly higher, especially during rear-end crashes. In the event of a side-impact collision, passengers sitting on the impacted side of the vehicle are particularly vulnerable. Additionally, passengers can suffer a broad spectrum of other injuries and complications, including:

Mediation-300x183Approximately only 3 percent of all personal injury cases go to trial. Most lawsuits are settled outside of court through negotiation or alternative dispute resolution. One of the most common types of alternative dispute resolution is called mediation. Mediation is a voluntary process where the plaintiff and defendant meet with a neutral third party called a mediator. The mediator, often a retired judge or attorney with vast experience and knowledge in personal injury litigation, tries to help both sides reach a mutually agreeable settlement. 

What Takes Place During Mediation?

Before the mediation, lawyers from each party provide case briefs for the mediator to read and present to the opposing side. At the mediation, both parties have an equal opportunity to reveal evidence and make statements regarding their respective versions of the accident. The mediator also facilitates dialog between the plaintiff and defense attorneys. After the parties discuss the case, the mediator separates the parties into different rooms and speaks to them in private. In an attempt to arrive at a common understanding, the mediator will repeatedly go back and forth between the plaintiff and defendant’s rooms. 

VICARIOUS-LIABILITY-300x225The legal doctrine of vicarious liability is a form of secondary liability, meaning that one party can be held accountable for the acts of another. Vicarious liability commonly arises out of the legal responsibility employers have for the actions of their employees. In other words, when an employee’s negligence or irresponsibility during the scope of their employment causes an injury, their employer may also be held liable. Throughout history, various legal terms, such as respondeat superior, principal and agent, and master and servant, have all been used to place vicarious liability on third parties that retained the right to control the person at-fault for an accident. Since employers carry comprehensive insurance policies and sufficient financial resources, establishing vicarious liability can help victims obtain total compensation for their injuries.  

Personal Injury Cases That May Involve Vicarious Liability

 A fundamental element that separates this legal doctrine from other forms of liability is the lack of necessary direct participation. For vicarious liability to arise, the third party is not required to be present during the accident. Instead, liability is based on the negligent actions of an employee. The most common types of personal injury lawsuits where vicarious liability may be applied include:    

Whiplash-300x179Car accidents are one of the country’s leading causes of neck injuries. Over 800,000 crashes involving neck injuries are reported throughout the United States each year. Despite being a highly vulnerable part of the body, the neck has minimal protection during a car accident. While wearing a seatbelt can help keep your body in place, your neck and head are left unrestrained. In the event of a car crash, a victim’s neck can quickly jolt back and forth, be violently jerked from one side to another, or even be struck by flying debris. Abrupt, sharp movements are known for causing severe injuries to the cervical spine’s tendons, ligaments, nerves, muscles, and joints.  

Signs And Symptoms Of Neck Injuries

In the wake of a collision, it often takes victims suffering from neck injuries several hours or even days before signs and symptoms emerge. For this reason, it is crucial never to ignore even relatively minor pain. When left untreated, a trivial neck injury could lead to lingering pain and chronic complications in the future. We strongly advise seeking immediate medical care if you experience any of the following:  

Insurance-Policy-300x200Some insurance companies are all about their bottom lines and will do everything possible to avoid paying legitimate claims. A bad faith insurance claim refers to an insurer trying to default on an obligation to a client. When policyholders file claims and insurance companies give them the rightfully deserved payment, that money is deducted from the insurer’s potential profits. Some insurance companies resort to various tricks and tactics to make claimants’ lives difficult to avoid lower profit margins. 

Common Examples Of Bad Faith

There are numerous ways in which insurance companies can act in bad faith. You may be eligible to pursue a bad faith insurance claim if:

Lawyer-Up-300x200Accidents are an unfortunate part of life. Since very few people ever plan on getting injured in an accident, most victims are not adequately prepared for the repercussions. Even relatively minor accidents can result in severe injuries, future health complications, emotional strain, and financial hardships. Pursuing a personal injury claim may be the only way to make yourself whole again. However, pursuing your case alone could be an extremely complicated and intimidating task.

Ways Retaining An Attorney Can Significantly Benefit Your Case

You may be wondering whether or not retaining a personal injury lawyer is worth the effort. Some of the primary reasons to hire an attorney include:

PI-Lawyer-at-work-300x132In any given year, tens of millions of accidents, such as car crashes and slip and falls, occur throughout the country. Many accident victims are accompanied by devastating consequences, ranging from severe bodily harm and psychological trauma to costly property damage and medical expenses. Those who have suffered injuries caused by another’s carelessness often find themselves under demanding physical, emotional, and financial circumstances. Fortunately, victims can seek representation from legal professionals called personal injury attorneys. This type of lawyer specializes in pursuing civil litigation for damages resulting from negligence and recklessness. While personal injury claims often vary significantly from case to case and victim to victim, retaining an attorney will provide you with the best chance of maximizing your compensation.

The Basic Job Description of a Personal Injury Attorney

Although you have probably seen advertisements for personal injury lawyers just about everywhere, you may not understand precisely what they do. A personal injury attorney performs numerous duties, including:

Physical-Therapist-300x200According to the National Highway Traffic Safety Administration (NHTSA), roughly 6 million car crashes happen throughout the United States every year. Car accident victims often wonder whether or not physical therapy is necessary. Depending on the nature of your injuries, doctors may recommend some rehabilitation. People usually do not realize the gravity of their accident-related injuries until after resuming their everyday daily routines. Physical therapy has helped countless accident victims bounce back from their injuries much faster than those who have chosen to stay in bed.  

Reasons For Visiting A Physical Therapist 

If you are contemplating starting physical therapy after a car accident, there are several reasons to proceed with the treatment. The top 5 reasons you should attend physical therapy include:

Sleep-Apnea-Replacement-300x224Approximately 18 million adults throughout the country suffer from obstructive sleep apnea. Which, when left untreated, can lead to acute health complications, such as diabetes, high blood pressure, cardiomyopathy, heart failure, and stroke. Many sleep apnea sufferers rely on airway pressure machines to prevent upper airway tissues from collapsing and increase their oxygen levels. However, in June 2021, Philips Respironics, a chief manufacturer of sleep apnea treatment devices, issued a voluntary recall of as many as 4 million devices due to hazardous components. The company’s recalled breathing machines contain a polyester-based polyurethane (PE-PUR) foam known for degrading into tiny black particles and placing users in unnecessary danger of inhaling toxic gases or ingesting carcinogens. Consequently, users scrambled to secure alternative sleep apnea machines, which abruptly went into short supply. Since then, numerous lawsuits have been filed alleging that Phillips was aware of the above hazards for years but postponed recalling the devices until they could manufacture safer ones. 

The FDA Warns That Silicone-Based Foam May Be Hazardous

As part of the recall, Philips promised to replace or repair the affected devices. In September, the company began producing and distributing replacement devices to users. Based on lab results provided by Philips, which demonstrated acceptable outcomes, the Food and Drug Administration (FDA) approved a silicone-based foam for the repair and replacement program. Nevertheless, after an inspection of Philips’ Murrysville facility, the FDA warned that the use of silicone-based foam in substitute sleep apnea devices might also be unsafe. The FDA expressed concern after a similar silicone-based foam in a replacement device failed safety tests because it released potentially toxic vapors. The FDA has requested Philips to commission an independent research lab to conduct further analysis on the new foam to determine the potential dangers. 

Broken-Arm-300x200Whether an X-Ray displays a barely recognizable hairline crack or the bone has been split into several pieces, it is considered a fracture. Despite what most people believe, a fractured bone is the same as a broken bone and vice versa. However, doctors are more likely to use the term “fracture” because it sounds more professional. During any devastating accident, such as a car crash, your body may be placed under extreme trauma, which can lead to severe injuries. Suffering any fractured bone following an accident can be extremely painful and debilitating.  

The Most Common Fractures

Unfortunately, fractured or broken bones are very common injuries. The most typical types of accident-related fractures include compound, transverse, comminuted, stress, buckle, oblique, hairline, and avulsion. With 206 bones in the human body, various breaks can occur, some being much more serious than others. Essentially, any bone in the body has the potential to be broken in an accident. The most prevalent fractures include: 

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