Articles Posted in Brain Injury

It is close to impossible to prevent accidents as they are predictable. When an accident occurs, many people get injured and some of them even become disabled for evermore. Those who receive serious injuries take a considerable amount of time to recover. A brain injury is critical because the brain acts as a control center of the body. In case of a birth injury, you should hire a brain injury lawyer in order to get the right amount of compensation.

It is sad that in most of cases that involve head injuries, victims are not paid the compensation they deserve. In these types of cases, a tidy sum of money is paid to the victim. You may not be able to speak properly due to brain injuries; therefore, it is better to hire a good lawyer to represent you in the court.

The first move of the lawyer will be to file a complaint. According to law, personal injury includes physical injury, mental injury or a combination of both. Here it is important to note that in case of minor injuries you cannot recover compensation. Only those injuries that take too long to recover can receive compensation.

A strike to the head can cause serious harm to the brain. In common terms, this is known as a brain injury. There are many different kinds of brain injuries but the two most common types are termed as contusion and concussion. You should know more about these two types in order to get a better understanding of brain injuries. When the brain gets disturbed due to a sudden shake, the resulted injury to the brain is called a concussion. In order to find out the causes of concussion and methods to deal with it, several studies have been conducted. This type of injury occurs, for the most part, in sports accidents.

As said earlier, there are two common types of head injuries. Another common head injury is known as a contusion. This injury occurs when the brain receives a bruise. Aside from the sports accidents, other causes of injuries to the brain include auto accidents, motorcycle falls, workplace injuries, hit from a bulky object and hit with a foreign object like a bullet.

Most of these injuries are of mild nature but other injuries can cause serious damage to the brain. In such a situation, the patient loses consciousness and has to bear severe pain. Doctors have to operate on the brain to deal with the problem.

Some traumatic head injuries take place due to negligence. In the same way, car accidents can also lead to brain injuries. Other causes of brain injuries consist of dangerous or defective products. These injuries can also occur in the work place. If some of your relatives are suffering from a traumatic brain injury (TBI) and someone else is responsible, then the insurance company of the guilty person can get in touch with the patient to make a settlement for the brain injuries. The compensation given by the liable party is sufficient to compensate for the brain injuries your relative is suffering from.

However, you need to keep in mind that the insurance company may or may not work in your best interest. Therefore, it is a great idea to discuss the insurance offers with a competent lawyer prior to agreeing to any settlement. In case you have not hired any lawyer before, you can search for a lawyer who has specialization in traumatic brain injuries, personal injury law and disability.

A competent lawyer can help you figure out the anticipated expenses throughout the lifespan of the injured person. To make an estimate, your lawyer can consult your medical doctor to evaluate the degree of the injured person’s disability, the support that person needs over the lifetime of the person. This is done in order to evaluate the total cost.

Have you or someone from your family ever suffered from a brain injury in a car accident or at work? Well, brain injures sometimes can cause severe problems. In some cases, the patient will have to suffer from severe brain trauma. Unfortunately, if you are suffering from a brain injury, you should get in touch with a competent brain injury attorney. Every lawyer specializes in a specific field, so you need to hire a lawyer who has experience dealing with brain injury cases. The following are some reasons why you might hire a brain injury lawyer and not a general practice attorney.

As in any profession, adequate experience in a certain profession, for the most part, increases the chances of success. An experienced brain injury attorney has lots of knowledge about the necessary steps that should be taken to understand your injury and satisfy your needs. There is a great difference between brain injuries and other types of physical injuries. The effects of brain injuries are more difficult to comprehend and diagnose. In some cases, a patient is brought to a hospital for diagnosis many years after the incident. So, a lawyer with lots of experience in handling such injuries knows how to find out the causes of injury and the intensity of the injury in order to receive compensation for the client.

Insurance companies, for the most part, deal with brain injury insurance differently because brain injuries are vastly different from other kinds of injuries. In the same way, insurance companies have different compensation rates and coverage policies when it comes to brain injury insurance. You may have no knowledge of the legal mandates that an insurance company has to follow, but an experienced lawyer has complete knowledge of such things. In addition, an experienced lawyer can protect you from those insurance providers who only aim at reducing their costs. So, this is a very important tip that you need to follow in order to do what is right for yourself.

You may need to hire a brain injury attorney if you are someone close to you gets a severe brain injury. Many different things can lead to these injuries. For example, these injuries can take place due to the negligence during a serious medical procedure. The brain injury can also occur as a result of a motorcycle accident. When someone obtains a brain injury, they may not be able to lead a normal life again. At times, this problem is not severe, but in some cases the problem can get worse.

The patient can lose his/her memory, or the ability to speak and function, and the ability to carry on a job. This is something that affects the patient as well as their family. The patient needs proper care for the rest of their life. Unfortunately, in most cases, it is not possible to avoid these consequences. Therefore, a person needs to hire a brain injury attorney.

The brain injury lawyer understands the severity of these traumatic situations. The lawyer carries out investigation into the accident and seeks evidence of wrongdoing. If the brain injury happens due to a medical procedure, the lawyer will try their best to figure out why. If he succeeds in proving that the injury happened due to negligence, the patient can receive a considerable amount of compensation from the case. In such cases, the most important factor is to prove that the other party is guilty. At times, it is easier to prove but sometimes it can be hard. The lawyer should have solid proof that it is the fault of the defendant.

The following blog entry is written to illustrate how a brain injury lawsuit could develop and resolve. Reviewing this summary should help potential plaintiffs and clients better understand how parties in personal injury cases present such issues to the court.

(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this brain injury lawsuit and its proceedings.)

Summary of Facts:

Greg Barros was driving a semi/trailer north on Interstate 5 near Sacramento, CA., Jan. 30, 2009 at approximately 12:50 a.m. He reportedly pulled to the shoulder on the right-hand side of the road when his vehicle became disabled. The parking lights and the four-way flashers were allegedly on. Barros asserted he went between the semi and the trailer to retrieve emergency triangles. David Pinkers, operating a semi truck pulling two trailers owned by XYZ Inc., reportedly rear-ended Barros’s vehicle, causing it to strike him.

Barros claimed he sustained traumatic brain injury, left hemiparesis, injuries to the neck and lower back, and headaches as a result of the collision.

Barros filed a lawsuit against XYZ and Pinkers in the Sacramento County Superior Court. The plaintiff alleged Pinkers was negligent in failing to drive attentively.

The plaintiff also asserted XYZ permitted Pinkers to use the vehicle in the scope of his employment.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

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The following blog entry is written to illustrate how a brain injury lawsuit could develop and resolve. Reviewing this summary should help potential plaintiffs and clients better understand how parties in personal injury cases present such issues to the court.

(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this brain injury lawsuit and its proceedings.)

INJURIES: Vernon was taken by ambulance from the scene of the accident to the emergency room. He claimed he suffered a mild traumatic brain injury, as a result of hitting his head on the “B” pillar of his truck during impact. He also claimed ongoing, soft-tissue injuries to his lower back.

Facts:

On March 17, 2009, plaintiff James Vernon, 39, a landscape/construction business owner, was driving his pick-up truck south in Sacramento, CA. At approximately 8 a.m., Vernon was rear-ended by a van operated by Jim Armen, who traveling approximately 25 mph, as Vernon, driving 5 mph, was slowing to make a left turn into a driveway. Vernon claimed injuries to his head/brain and back.

Vernon sued ABC Nursery, Armen’ employer, and Val Germain, the owner of the nursery. Vernon alleged the defendants were vicariously liable for Armen’ vehicular negligence since he was in the course and scope of his employment at the time of the accident. Vernon claimed that Armen was inattentive to traffic, causing the accident and his personal injuries.

The defendants admitted liability on the eve of trial, and the matter proceeded to a trial on causation and damages.

Vernon’s X-rays and a brain MRI were negative, although he underwent a PET scan which allegedly showed a brain injury.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

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The following blog entry is written to illustrate an example of a personal injury case. Reviewing this kind of lawsuit should help potential plaintiffs and clients better understand how parties in personal injury cases present such issues to the court.

(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this personal injury lawsuit and its proceedings.)

Plaintiff was taken to surgery at 4:20 p.m., where a hole was found in the stomach with the g-tube floating free in the abdomen. The surgeon concluded that plaintiff had sepsis as the cause of his arrest. Plaintiff suffered a second cardiac arrest that night after surgery but was successfully resuscitated. However, he remained in a coma. He later developed gangrene in both legs, requiring above-knee amputations, as a consequence of his initial injuries.

Plaintiff alleged that defendant hospital nurses were negligent for causing the perforation/peritonitis by improper handling of the PEG tube and failing to notify physicians about plaintiff’s condition. All physician defendants were negligent for failing to diagnose plaintiff’s condition before he suffered a cardiac arrest from sepsis which caused hypoxic brain injury beyond his initial brain injury from the motorcycle accident.

The defense contended that all care provided was within the standard. Plaintiff presented with a very complicated surgical condition, and he has a very short life expectancy. His initial brain injury would have precluded future employment.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

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The following blog entry is written to illustrate an example of a personal injury case. Reviewing this kind of lawsuit should help potential plaintiffs and clients better understand how parties in personal injury cases present such issues to the court.

(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this personal injury lawsuit and its proceedings.)

FACTS/CONTENTIONS

According to Plaintiff: Plaintiff, age 23, entered defendant hospital on July 6, 2009 after sustaining a severe head and other injuries in a motorcycle accident. He was intubated in the ER and evaluated by a surgeon, who determined that none of his injuries required surgery. While in the SICU, he had a tracheostomy placed on July 20 and a percutaneous endoscopic gastrostomy (PEG) placed on July 21.

Plaintiff remained in the SICU until July 28, when he was transferred to the medical-surgical unit of the hospital. On July 29, at 4:00 p.m., the nurse flushed the PEG line. The family heard a loud pop, but nothing was recorded in the records about this incident. The nurse did call the on-call surgeon about a decreased BP and increased heart rate. The surgeon asked that a cardiologist be called to consult on the patient, but the cardiologist claimed that he never received the page.

That evening, plaintiff began complaining of abdominal pain. On July 30 at 2:00 a.m., the nurse called the on-call surgeon and reported an elevated pulse. He was told that the cardiologist had never come in to see the patient. The cardiologist was called again at 4:15 a.m., and he ordered Cardizem and transfer to the Cardiac Care unit, which occurred at 5:45 a.m. At 7:00 a.m., the cardiologist came to examine plaintiff, and he ordered tests to rule out a pulmonary embolus. Defendant surgeon saw plaintiff at 8:00 a.m. and ordered that plaintiff be moved to the Medical ICU for a stat chest x-ray, which was read by defendant radiologist as normal.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

Continue reading

The following blog entry is written to illustrate how a brain injury lawsuit could develop and resolve. Reviewing this summary should help potential plaintiffs and clients better understand how parties in personal injury cases present such issues to the court.

(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this brain injury lawsuit and its proceedings.)

FACTS/CONTENTIONS

According to Plaintiff: On August 8, 2008, plaintiff, then a 66-year-old self-employed heavy equipment broker visiting from Sacramento, CA, was admitted to the Emergency Department at defendant Hospital with symptoms consistent with alcohol withdrawal. He was seen by the Emergency Department physician and was placed on a “banana pack IV.” He was then placed under the care of defendant Nurse.

Defendant Nurse testified that she had advised plaintiff on several occasions not to get out of bed. He did so, nonetheless. Defendant Nurse attempted to intervene and took hold of plaintiff as he stood up from the bed. Nevertheless, plaintiff struck his head on the floor. He was diagnosed with subdural hematoma the following day and underwent emergent neurosurgical evacuation of same. Plaintiff was in the ICU for four weeks. At that time, he underwent two months of inpatient neurocognitive treatment. He remains mildly to moderately brain-impaired in terms of his executive functioning.

Plaintiff argued that he presented as a very high-risk patient relative to his fall potential. As such, defendant Nurse was required to employ strict fall precautions, which included assisting the patient with all transfers and changes in position and communicating the patient’s fall risk to family and staff. Plaintiff claimed that this was not done.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

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