Tag: accident

Is it important to determine who was at fault in an auto accident that caused a back injury?

Back Injury Auto Accident Fault Injury Law

Is it important to determine who was at fault in an auto accident that caused a back injury?

Yes. If you are found to be 100% responsible for an accident in which you were injured, you are probably only entitled to claim for no-fault or general medical benefits, but not for other damages that you would be able to get if another person caused your injuries.

All states require drivers to carry automobile insurance. Most insurance policies have “no fault” coverage, meaning that your insurance company will pay your medical bills regardless of who is at fault in an accident. If you have purchased collision insurance, your insurance company will pay to have your car fixed or will pay you the value of the vehicle in a total loss. If you are not at fault in the accident, your insurance company will look to the insurer of the driver at fault for reimbursement. If you do not have collision insurance and you are not at fault, the insurer of the driver at fault will pay for your property damage. In many states, a plaintiff is entitled to recover the value of his or her case reduced by the percentage of fault for the accident due to the plaintiff’s own negligence. This system is called “comparative fault.” Even if you are partially to blame for an accident you may still be able to recover for your damages. It is worth discussing your situation with a lawyer to find out whether or not you have a claim.

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Will my back injury prevent me from obtaining insurance coverage in the future?

Back Injury Prevent Future Insurance Injury Law

Will my back injury prevent me from obtaining insurance coverage in the future?

If you are injured in an accident, it is important to seek the appropriate treatment and financial recovery for other damages that you are entitled to. Unfortunately, even if you are not at fault and whether or not you file a lawsuit related to an accident, there is always the risk of increasing insurance premiums and denial of coverage by a particular insurer. Please seek the advice of an attorney when you are faced with any injury-related insurance issue.

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Is there anything difficult to prove in my back injury case when suing for damages?

Difficult To Prove Back Injury Injury Law

Is there anything difficult to prove in my back injury case when suing for damages?

Depending on the facts of your case, it may be difficult to prove any necessary aspect of your claim, such as who caused accident for sure (liability), the seriousness and extent of your injuries or the long-term effects of your back injury on your life.

There are a number of things you can do in the first few days and weeks after an accident to protect your right to compensation, including keeping a record about the accident itself, your injuries, and any other losses that you have suffered as a result of the accident. It is also a good idea to make notes of conversations that you have with people involved in the accident or the injury claim. Always cooperate with your attorney and investigators to preserve witness accounts and other evidence of who caused the accident and what damage was done. It is best to involve a personal injury attorney as early in the process as possible to give yourself the best chance of success to prove your claim.

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What is a non-spinal cord back injury? What are the types of non-spinal back injuries?

Non Spinal Cord Back Injury Injury Law

What is a non-spinal cord back injury? What are the types of non-spinal back injuries?

Back injuries can happen in many different ways, and they can involve the muscle, ligaments, spine or other joints or tissues. Back injuries that do not involve the spinal cord are known as “non-spinal cord back injuries.” Some non-spinal back injuries result from repeated small injuries, bad posture, or improper lifting or bending. But the most serious back injuries are usually the result of accidents, such as automobile accidents, slip and fall accidents and work-related accidents. Injuries known as “soft tissue injuries” are the most common non-spinal injuries from auto accidents and include sprains and strains of the muscles and/or ligaments.
While some non-spinal cord back injuries just cause annoying temporary pain, many forms of back injuries can result in debilitating and long-lasting discomfort. Severe back injuries include: slipped discs, herniated discs and compression fractures. Other serious non-spinal back injuries exist, and it is always important to discuss the full extent of your symptoms with your doctor and your attorney so that you can make sure you have the best chance to be fully compensated through a lawsuit or settlement.

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Paralysis

Paralysis Injury Law

Paralysis

Paralysis, the inability to move muscles, is caused by an injury or disease affecting the motor neurons, or nerves that send impulses to muscles. There are two kinds of motor neurons: upper and lower. The upper motor neurons send impulses from the brain to the lower motor neurons. The lower motor neurons send the impulses on to the muscles. Paralysis can result from a malfunction of either set of neurons. Malfunction of the upper motor neurons usually affects both sides of the body, while damage to the lower motor neurons may only affect one side.
Common causes
Paralysis can be caused by both injury and disease, and it can come on suddenly or gradually over time. Some common causes of sudden-onset paralysis are:
Spinal cord injury
Head injury
Trauma to the neck or back
Stroke
Transient ischemic attack (transient stroke whose symptoms are temporary)
Blood vessel rupture in the brain
Arterial blockage
The most common causes of the above injuries are auto accidents, motorcycle accidents, falls, violent crimes, and sports injuries.
Causes of gradual-onset paralysis include:
Tumors
Brain tumors
Nerve compression
Nerve entrapment
Cerebral palsy
Spina bifida
Multiple sclerosis
Muscular Dystrophy
Guillain-Barre syndrome
Lou Gehrig’s disease (motor neuron disease)
Polio
Polyneuropathies (allergies, poisoning, drug reactions)
Diabetes
Sleep disorders
Depersonalization disorders (feeling detached from body or mental processes)
Symptoms
There are several symptoms related to gradual-onset paralysis or partial paralysis. These include:
Numbness
Muscle weakness
Tingling
Pins-and-needle sensation
Burning
Pricking
Collapse
Partial paralysis
Paralysis can affect the whole body or smaller parts, such as the face, jaw, leg, arm, elbow, knee, foot, finger, or wrist. Paralysis generally takes one of two forms, spastic or flaccid. In spastic paralysis the muscles are tight, which can cause arms and legs to be in an abnormal position. Paralysis can also cause flaccid muscles, which hang limp and weak, and the body can look thin and wasted. Some gradual-onset forms of paralysis begin with flaccid muscles, which later become spastic.
Treatment
Treatment depends on the cause of the paralysis. In cases of injury the person is sometimes able to regain some or all control of muscles over time. The majority of stroke victims regain a part of their mobility. Degenerative diseases, however, tend to lead to worsening paralysis.
There is no known cure or treatment for paralysis, but there are treatments for various symptoms. Spastic symptoms are relieved through stress-release and relaxation techniques, and patients are advised to avoid certain positions that might worsen the symptoms. Physical therapy is used to prevent the muscle from wasting away and to strengthen muscles that aren’t paralyzed. Anti-spastic drugs can be taken orally or injected into the fluid around the spinal cord, though drugs are not always needed. When spastic muscles are placing limbs in extreme positions, surgery may be indicated. The newest treatment is Functional Electrical Stimulation (FES), which involves electrical stimulation of paralyzed muscles.
The treatment of flaccid paralysis is similar. Attention is paid to positioning the body and physical therapy maintains the muscles. Splints or other mechanisms may be used to support joints. Drugs can sometimes be used to treat the underlying disease, and new surgical techniques involving nerve transplants are expanding rapidly.
If you or a loved one have suffered catastrophic injuries causing paralysis through no fault of your own, contact an experienced personal injury attorney right away. If you would like a free case evaluation, simply fill out our case evaluation form and an experienced personal injury lawyer will contact you for a no cost, no obligation consultation.

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I was injured in an accident. How are damages computed?

Accident Damages Legal Remedies General Practice

I was injured in an accident. How are damages computed?

In a personal injury case, compensatory damages typically can cover all economic losses caused by the injury, including past and probable future medical expenses, loss of the earnings that you would have earned “but for” the injury, and, if the disability is permanent, the loss of future earnings through retirement. For children and persons without an earning history, courts often take into account probable earning capacity. In addition to economic loss, you may also be entitled to be compensated for non-economic losses, such as pain and suffering, emotional anguish, and loss of enjoyment of life.

Courts award damages in a single lump sum. The portion of the award that relates to potential future income and future medical expenses is often “discounted” to take into account the interest income that could be expected to be earned on the sum. Depending on the state you are in, the potential of future inflation, and the tax-free nature of compensatory damages may also be taken into account.

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When am I entitled to interest?

Entitled Interest Legal Remedies General Practice

When am I entitled to interest?

The right to interest varies significantly from state-to-state and the type of action involved. Typically, in a contract action, interest would be payable from the date the debt was due. In an accident case, interest typically begins to run only after the judgment is entered.

The rate of interest would depend on the terms of your contract and/or your state’s law. In accident cases, interest typically does not begin to run until the court enters a judgment in your favor.

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I was injured. What law governs my ability to recover damages?

Recover Damages Law Injury Law

I was injured. What law governs my ability to recover damages?

There is a large body of law that governs your right to recover for personal injuries you sustained.

First, some basic questions:

What caused the injury?

If it was an auto accident, you’ll want to visit our section on Auto Accidents.

Was it a swimming or boating accident?

A bus, train or plane accident?

A “slip and fall”?

A defective or dangerous product?

Malpractice by a doctor, dentist, lawyer, accountant or other professional?

Somebody defamed you, with a slander or libel?

Was the injury caused by someone’s intentional act? That may give rise to punitive damages.

Where did the accident occur?

The law of that state will generally govern your rights to recover.

If the accident occurred “at work” or “in the course of your employment”, then Worker’s Compensation Laws may govern.

When did the injury occur?

There are requirements for giving timely notice of your claim and/or “statutes of limitation” that require you to file suit within a certain time limit. These limits vary greatly state by state and by type of matter. If you don’t give timely notice you forever lose your ability to obtain recovery.

NEVER JUST LOOK AT THE STATUTE OF LIMITATIONS AND CONCLUDE “THE TIME HAS EXPIRED, IT’S TOO LATE”. There are many things that sometimes extend or “toll” the time limits, including a party’s lack of knowledge of the facts and circumstances, lack of manifestation of the injury, false statements or fraud, or mental incapacity or infancy.

One injury may sometimes give rise to several different rights or theories of recovery, so even if you can not recover on Grounds A you still may be able to recover on Grounds B.

Who was injured?

You — as well as your spouse — may be entitled to recover for an injury to just one of you.

The family or estate of a deceased may be entitled to recover for the person’s wrongful death.

What was the extent of the injury?

The amount of recovery you can obtain often depends on the nature of the injury, its duration (permanent or short term), your out of pocket costs (such as medical expenses, your loss of salary or wages, damage to property), the residual impacts (such as an inability to engage in sports, etc.), the pain and suffering you incurred, and the skill and experience of your lawyer.

Who was responsible for the injury?

The person you think may be responsible may be just one of many responsible. For example, if you were injured by a car that went out of control, not only the driver of the car may be responsible, but the car’s owner, the driver’s employer, the manufacturer of the car and the brakes that failed and the repair shop that didn’t adjust them properly.

Even if you think you were fully or partially responsible, you may still be able to recover — in full or in part. People often blame themselves or feel guilty when the injury was not the result of anything they did wrong.

WARNING: IF A STATE OR COUNTY OR MUNICIPALITY MAY BE LIABLE (such as when a transportation facility operated by governmental unit is responsible for the injury) THERE OFTEN ARE VERY SHORT TIME LIMITS TO GIVE NOTICE OF A CLAIM.

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How is property damage or personal injury that results from a natural disaster or “Act of God” handled?

Accidential Accidents Accident Law

How is property damage or personal injury that results from a natural disaster or “Act of God” handled?

If damage or injury is the result of a natural disaster or “Act of God,” your insurance might pay for some of the damage. However, just because the damage or injury may have been caused by an unforeseeable natural event, that does not mean that there may not be someone else responsible for the damages that the event created.
For example, when Hurricane Andrew, an “Act of God,” hit Florida in 1992, many home builders were found not to have constructed homes up to code and were found liable for homeowners’ losses.

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Personal Injury: Proving Negligence is Key to Winning a Personal Injury Lawsuit

Personal Injury Negligence Injury Law

Personal Injury: Proving Negligence is Key to Winning a Personal Injury Lawsuit

Negligence is carelessness that causes personal injury to someone else. It can be an action, like carelessly knocking a brick off a rooftop, or a failure to act, like a landlord who doesn’t repair a broken stair. Negligence often forms the basis for personal injury lawsuits.
To support a legal claim for negligence, the plaintiff (the person filing the lawsuit) must show four things: That the defendant (the person or entity being sued) owed the plaintiff a duty of care; that the defendant failed to exercise due care towards the plaintiff (i.e. breached the duty); that the defendant’s breach of duty caused the plaintiff’s injury; and that the plaintiff suffered damages as a result.
Duty of Care: The plaintiff must show that the defendant had a duty of care toward the plaintiff. A person has a duty to avoid causing injury to another if a reasonable person in the same situation could foresee that an action (or failure to act) might cause injury. Some cases are very clear. We all know that someone might be harmed if we run a red light, so we have a duty of care to follow traffic laws and signals. Other cases are more difficult. If a homeowner has a private swimming pool in a fenced yard, does he have a duty to prevent a neighbor child from climbing the fence and accidentally drowning in the pool? How much care would a reasonable person take in that situation? In each case, the circumstances surrounding the injury play an important role in determining whether or not a defendant had a duty of care towards the plaintiff.
Breach of Duty: The plaintiff must show that the defendants failed to carry out their duty of care. For example, a normal person could foresee that a van full of explosives might blow up, so a person who parks such a van in a crowded mall parking lot has breached the duty of care to the other people in the mall. If the van explodes, the driver will be guilty of negligence. A person could also foresee that a car that isn’t repaired properly might malfunction, so if the brakes on a poorly maintained car fail and the car hits a child, the owner of the car has breached the duty of care to that child. Every car owner has a duty to maintain the car in a safe condition. On the other hand, if the owner regularly maintains and repairs the car and the brakes failed because the brakes were faulty or the mechanic made a mistake, the owner did not breach a duty of care, though the brake manufacturer or the mechanic might be responsible.
Cause: The plaintiff must show that the defendant’s breach of duty caused the injury for which the plaintiff is suing. Sometimes causation is clear. If you run a red light and hit a pedestrian, you clearly caused the injury. If the pedestrian’s elderly mother has a heart attack and dies when she hears of her daughter’s injury, did you cause that injury? Probably not, but those are the kinds of issues that have to be resolved in a negligence lawsuit. There may also be questions about what injury was caused by an accident. People often have more than one accident in their lives, so if someone has had two prior back injuries, what injury to the back was caused by the most recent fall down a flight of stairs?
Damages: Damages in a negligence lawsuit try to put the plaintiff in the same position he or she would be in if the accident hadn’t happened. A plaintiff must show the monetary value of his or her injuries. For example, if a person is disabled and can no longer work, a calculation of damages would consider the occupation of the plaintiff and the amount he or she would have earned during the time left in a normal working career. Damages would also include medical costs and estimated costs for medical care, special accommodations, and assisted living.
In some situations defendants are liable for negligence because of the operation of law, and not because they directly caused an injury. For example, since an employer is held responsible for injuries caused by employees during work, FedEx may be liable if a FedEx driver has an accident while making deliveries. A hospital might be held liable for injury caused by only one nurse. Plaintiffs often make claims against several defendants to make sure there will be enough assets (money) to pay a judgment. FreeAdvice provides Personal Injury FAQs which provide further information, but if you think you have an injury based on someone else’s negligence, you should contact a personal injury attorney as soon as possible. This is because every state has a statute of limitations, or time period limiting when you can file a case. If you’d like your case to be evaluated by an experienced lawyer at no cost or further obligation, fill out FreeAdvice’s case evaluation form.

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