by lainie.little@thomsonreuters.com | Oct 16, 2023 | Catastrophic Injuries

Spinal cord injuries are perhaps the most feared injuries commonly associated with crashes. Many people catastrophize the idea of losing motor function and sensation after an injury to their spinal cords. They might think of the time when they would need to initially adapt to those injuries as the most difficult time after a crash.

However, a spinal cord injury doesn’t just become manageable because someone has adjusted to their new daily life. In many cases, it will continue to create new challenges and expenses that people will have to overcome as the years pass after an initial injury. People have to understand the permanent medical consequences of a spinal cord injury to seek appropriate care and appropriately valued legal recourse.

Most people will not recover from their injuries

Sometimes, individuals with an incomplete spinal cord injury will find that their symptoms improve over time with medical intervention. They may regain more motor function and notice less sensation impairment as their bodies heal. For those with complete injuries and many with incomplete injuries, there will be lasting physical consequences.

The paralysis of a complete injury will persist for life, as will the loss of sensation. The body will also react to the injury, sometimes by causing pain sensations. People may experience a loss of control of their bowels or bladders. Those with incomplete injuries might experience muscle spasms, while anyone with a spinal cord injury could experience sexual dysfunction.

Spinal cord injuries higher on the spine increase someone’s risk of significant heart or lung problems. The body may also have more difficulty regulating internal temperature or even blood pressure because of the injury. People often need to use assistive technology to overcome physical limitations.

They may require pain management and also physical therapy. Ongoing therapy can help control certain symptoms and improve someone’s functional abilities. It can also help stave off issues with blood pressure and a loss of muscle tone. Those medical challenges often translate to hundreds of thousands of dollars in medical expenses or more. Many people will also experience changes in their earning potential. Their transportation and housing expenses may increase as well.

Ultimately, having a realistic idea of the long-term consequences of a spinal cord injury may help people pursue compensation that is appropriate given their losses. Seeking legal guidance is a good way to achieve that kind of clarity.

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by punith.s@thomsonreuters.com | Oct 2, 2023 | Catastrophic Injuries

Texas state statutes allow those harmed by the actions or negligence of another person or a business to take the matter to civil court. Personal injury lawsuits are one of the more common reasons that people find themselves in court in Texas. Slip-and-falls, drunk driving car crashes, distraction-related car crashes, wrongful deaths and product defect claims are all common types of personal injury lawsuits pursued in the Texas civil courts.

Every year, there are a huge number of lawsuits filed in Texas, and the vast majority of them settle instead of going to trial. In 2021, for example, there were roughly 6.9 million personal injury lawsuits filed in the Texas state courts, and settlements or judge dismissals ended around 6.5 million of those cases. Why do some personal injury lawsuits end up at trial while most others settle?

Unreasonable offers

Perhaps the defendant has representation provided by their insurance company, and the focus is almost exclusively on someone’s insurance policy limits. Any settlement negotiated might be far lower than what someone actually requires, forcing them to go to court to seek more than what insurance can provide. Business defendants and those expecting insurance to cover the costs of the claim may be particularly aggressive about offering low settlement offers that fail to cover someone’s expenses.

A denial of responsibility

Sometimes, cases go to trial because the defendant won’t admit that they made a mistake or broke the law. They insist they did nothing wrong and refuse to settle. The case may need to go to court for the plaintiff to have any chance of recovery.

A desire for culpability

Civil litigation isn’t always about financial compensation, even though compensation may be an important aspect of a lawsuit. The need to have the courts affirm that someone else was responsible for an incident may drive a plaintiff to reject all settlement offers. Particularly when there was wrongful conduct or gross negligence involved, the plaintiff bringing the case may desire closure and a court ruling declaring the other party at fault as much as they want financial compensation. Family members pursuing wrongful death lawsuits, for example, are often eager to go to trial to expose the wrongdoings of the party that caused their tragic loss.

Preparing for trial even as one is negotiating for a settlement is often the most realistic strategy for those seeking appropriate compensation and closure through a lawsuit in Texas. Seeking legal guidance can help to ensure that both options are viable.

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by gturnercontentcustoms | Mar 14, 2023 | Catastrophic Injuries

One of the issues that can arise when someone suffers a concussion or other type of traumatic brain injury (TBI) is memory loss. This often results from brain swelling. As the swelling dissipates, most if not all memories eventually return. It can take time, though.

When a concussion results from a sudden or traumatic event, like being struck by a car while on your bike, taking a serious fall or an act of violence, it can cause something called post-traumatic amnesia. There are two primary types of post-traumatic amnesia (PTA).

Anterograde amnesia

This is the most common type of PTA. It can cause people to forget what happened immediately after the injury. For example, a person may remember being struck but have no memory of how they got to the hospital or even of the days following their injurious incident.

Retrograde amnesia

This is less common, but it happens. It affects the memory of the moments leading up to the injury. For example, a person may remember riding their bike out of their driveway, but have no memory of the car that ran a stop sign and hit them.

There are all kinds of variations in re: memory loss after an accident. Pop Christian singer Amy Grant has talked about the work she’s had to do to recover lost memories after a bike accident in 2022 that left her unconscious for ten minutes. She has said she doesn’t remember the accident itself or her hospital stay and struggled long after the crash to remember names, lyrics and more.

Be careful about trying to recount an incident you don’t clearly remember

In the days and weeks after a crash or other accident, you may be contacted by insurance companies, law enforcement and maybe even the party(ies) responsible for it. It’s imperative that you don’t try to recount your side of things if you don’t clearly recall what happened. Further, don’t let anyone you don’t trust implicitly (like family and friends who were there) tell you what happened.

A good first step is to get legal guidance to protect your rights and avoid jeopardizing your case. A TBI that causes memory loss could require time away from work and other responsibilities, therapy and other expenses. You want to be able to successfully seek compensation to cover your expenses and other damages. Waiting to speak about your experience until you can clearly remember what happened may be an effort that makes or breaks the strength of your case.

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by lainie.little@thomsonreuters.com | Nov 22, 2022 | Catastrophic Injuries

You have heard the words “Camp Lejeune” in the news in the past few years, but few understand the tragedies there. Camp Lejeune was a Marine Corps military base in North Carolina. For years, it housed millions of servicemembers and their civilian family members.

Evidence was uncovered that during the 1950s and the late 1980s, the water supply at Camp Lejeune was contaminated with toxins associated with severe conditions, such as cancer, neurological disorders, and many other serious health conditions, many of them terminal.

How did the Camp Lejeune contamination happen?

The theory is that toxic chemicals near water wells connected to the camp made it into the water, causing mass contamination of the water in the entire camp. The issue, however, does not stop there.

Allegedly, the government knew what was happening in detail and failed to address the matter or even warn the residents. As a result, millions of people drank and bathed in toxic water, creating a massive health issue spanning several generations.

What are related illnesses?

Diseases related to contaminated water at Camp Lejeune include:

• Variety of cancers
• Anemia
• Scleroderma
• Neurologic disorders
• Liver disease
• Hepatitis
• Infertility
• Congenital disabilities

Remedies are available for anyone who lived on the camp for at least 30 days between specific dates, lost a family member or has a related illness can file a lawsuit.

What is my claim worth if I decide to file a lawsuit?

That depends on how living on Camp Lejeune affected you personally or if it affected any of your family members in any way. Issues to remember are your diagnosis, medical records, expenses connected with these illnesses, lost income, your age, and pain and suffering. This means that the government will go back and evaluate all of this to determine the amount of your award.

The Camp Lejeune contamination catastrophe was extraordinarily tragic and one that people will never forget. If you have been affected by this, you have the right to seek justice. Hopefully, the information, knowledge and research gathered will help prevent future disasters like this one, particularly those who bravely volunteered to serve our country.

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by punith.s@thomsonreuters.com | Oct 3, 2022 | Catastrophic Injuries

Physical, emotional and financial challenges await anyone who loses a limb in a traumatic incident. A person may have a limb severed in a motor vehicle accident or doctors subsequently amputate the injured arm or leg in order to save a person’s life.

Many challenges surface and many new scenarios await the victims who have lost limbs stemming from a traumatic situation.

Amputations from motor vehicle, workplace accidents

Trauma is the second-leading cause of limb loss accounting for 45% of the 185,000 amputations that occur annually in the U.S., according to The Amputee Coalition, a Washington, D.C.-based nonprofit that supports people with limb loss.

A study conducted by Rutgers University revealed that the majority of traumatic amputations were the result of motor vehicle accidents (43%); industrial accidents (26%) and motorcycle crashes (21%).

Faced with many challenges

Amputees face numerous challenges. As result, the costs will add up significantly. Here are some of the main challenges:

• Countless surgeries: Removal of the limb and reconstruction is necessary as surgeons operate on bones, muscles, nerves and blood vessels. Subsequent procedures such as skin grafts and reconstructive surgery are likely as well as getting fitted for an artificial limb.
• Lengthy hospital stays: Recuperation after major surgeries takes time along with the help of many medical professionals. In addition, you may expect multiple admissions to a hospital.
• Psychological trauma: Post-traumatic stress disorder is a potential side effect of such a severe injury. Seeking the guidance of a mental health therapist may be necessary.
• Continued therapy: Physical, occupational and mental health therapy is essential for a person’s healing process.
• Getting used to a prosthetic limb: In certain cases, amputees get fitted with a new limb and must meet with therapists to adjust.
• Dealing with everyday activities: You may have to relearn how to eat, brush your teeth, walk and drive with or without a prosthetic limb.

Overcoming such an injury will take time, patience and support. With the right combination, success is possible.

Seeking legal guidance

Whether your injury was caused by the negligence of another driver or your employer, you need to find ways to cope with the pending challenges after the loss of a limb. Confront these challenges the best way you can. It is also a good idea to seek legal guidance.

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by sushmitha.p@thomsonreuters.com | Jan 25, 2022 | Catastrophic Injuries

When someone’s reckless or negligent actions cause a victim to suffer catastrophic injuries, the victim may not be aware of the total costs of their accident. A car accident with medical expenses can leave a victim with thousands of dollars in costs, but the consequences of an injury do not stop there.

Accident victims are typically only able to earn compensation from the liable party once, making it vital that the injury claim settlement accurately reflects current and future expenses. If you recently suffered injuries in a car accident or other incident, here are some costs you may not have considered in your claim:

Physical and emotional therapy

Although your accident only took a few moments to happen, it can have a lifetime of consequences on you. Not only can physical therapy take months or longer to bring you to an able-bodied state, but the emotional damage of your accident can also take years to overcome.

Relocation/home renovations

Some injuries can leave a victim with a disability that their home cannot accommodate. The remaining options for an accident victim are to either renovate their home to make it disability-friendly or move to a new home that can meet their needs.

Additional surgeries

When an accident is severe enough, it can be unlikely that the first set of medical procedures you undergo will fix the lifetime of medical problems that lie ahead. Some procedures may not even be a viable option until your body has healed from your initial accident and surgeries.

Get the most out of your compensation claim

The first settlement offer you receive will rarely reflect these kinds of costs or even fully reflect the costs you are already experiencing. If you want to be sure you are getting the most out of your compensation claim, consult with an experienced personal injury lawyer. Their guidance can help you negotiate a settlement that you can count on now and for years to come.

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by sushmitha.p@thomsonreuters.com | Jan 27, 2021 | Catastrophic Injuries

A car accident can result in severe physical injuries that could leave you paralyzed, in constant pain, and unable to live independently for a significant period of time. While these injuries will probably be visible, you should also pay close attention to the injuries that are not visible, since these can be equally debilitating. Almost all car accident victims experience some level of trauma, and the brain responds to trauma in notable ways.

You may feel that since the accident happened, you feel as though you are a different person, and you have a new, more sinister view of the world. You may have trouble believing that the accident really happened in some moments, but in others, you may feel consumed by darkness, hopelessness, or worry. It’s important that you always seek guidance from a mental health professional after a car accident so you can ensure that your mental health is treated as seriously as your physical health. The following are three common mental health issues that are experienced after a car accident.

Post-Traumatic Stress Disorder (PTSD)

PTSD is common among car crash survivors. It can occur whenever a traumatic event is experienced. Symptoms include recurrent thoughts and flashbacks, the avoidance of people and places that remind you of the crash, and you may find that you feel constantly alert and hyper-vigilant.

Anxiety

Anxiety can be suffered in mild or severe forms. You may feel fine, and then suffer a powerful panic attack out of nowhere, for example. Alternatively, you may constantly feel a low level of anxiety to the point that you never feel that you can escape the feeling and relax.

Major Depressive Disorder (MDD)

MDD is also common in car crash survivors. You may feel fatigued, guilty or unable to enjoy life.

It is important that you seek medical help if you experience any symptoms of mental health disorders. These disorders are highly treatable. If you have been involved in a car accident, gaining back damages could help you to pay for therapy and counseling.

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by sushmitha.p@thomsonreuters.com | Nov 30, 2020 | Catastrophic Injuries

Car crashes can occur at high speeds and produce nothing but bruises or take place at relatively lower speeds and leave someone with permanent injuries. Factors ranging from the age and condition of the vehicles, secondary medical issues with the people in the vehicles, and the angle or nature of the crash itself will all influence what kind of injury someone suffers.

One of the more severe injuries possible during a major crash is an amputation. Amputations occur both when the crash itself tears or cuts part of someone’s body off, as well as when the overall trauma to a body part is so severe that medical professionals have to amputate after the crash.

Although amputations may seem like rare occurrences, thousands of them take place every year in the United States.

How many amputations happened in an average year?

Trauma is the second leading cause of amputation, responsible for about 45% of all limb loss in any given year. When you consider that there are about 185,000 amputations annually, that means that roughly 83,250 people lose limbs in traumatic accidents each year.

While some of those traumatic injury amputations involve workplace machinery or hunting accidents, a significant proportion of them is the result of motor vehicle crashes. Overall, about 228 amputations happen every day across the country.

Losing a body part is a massively expensive injury

It can be impossible to even visualize a life without a specific body part. Thankfully, physical and occupational therapy, as well as advanced prosthetics, can help people recover function and independence after an amputation.

However, getting the best care and rebuilding your life will require substantial resources. From the cost of immediate care after the injury itself to the cost of fitting and constructing prosthetic replacements, the impact of an amputation could easily be hundreds of thousands of dollars. When you also consider that it could change someone’s earning potential and require that they hire others to do certain household maintenance tasks, the cost can be thousands of dollars a year for the rest of your life.

Talking about your injury and its likely impact on your job and household with a lawyer can give you a better idea of the financial impact it will have on you so that you can make more informed decisions about compensation, such as insurance settlement offers.

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by sushmitha.p@thomsonreuters.com | May 7, 2020 | Catastrophic Injuries

Any motor vehicle collision can leave someone with severe injuries, but crashes between passenger vehicles and massive commercial trucks often prove devastating for the people in the smaller vehicles. The greater size and weight of the commercial truck can mean the total destruction of the smaller vehicle and catastrophic injuries for its passengers and driver.

Spinal cord injuries, traumatic brain injuries, severe fractures or even amputations are all possible as a result of a commercial trucking crash involving a passenger vehicle. Some injuries may require long-term care for the victim.

In that scenario, the medical expenses associated with the trash could easily be hundreds of thousands of dollars. If the truck driver is the one responsible for the crash, who will end up paying for that care?

Responsibility for the crash relates to financial liability

When law enforcement officers respond to reports of a crash, they typically try to gather as much information as they can at the scene of the collision in order to make an accurate determination regarding the fault for the crash.

The driver who is responsible for the collision will also be the one who incurs financial liability for the damages and injuries that result. This will leave their insurance policy to pays for property damage and personal injury losses resulting from the collision.

Commercial drivers carry more insurance for exactly these situations

The fact that big commercial trucks cause massive crashes and serious financial consequences is well known and documented. As a result, states require substantially more liability insurance for commercial vehicles than they do for smaller passenger vehicles.

Depending on the weight of the truck involved in the crash, the driver may have to carry at least $300,000 or $500,000 worth of insurance coverage. That amount of insurance will go a lot farther toward offsetting the costs of long-term care for a victim than a smaller passenger vehicle policy. However, it may still be possible for the combination of medical costs and lost wages to exceed the maximum value of the policy.

In that scenario, the injured party would need to look carefully to determine whether they have grounds for a personal injury lawsuit against the truck driver, their employer or even a third party, such as the manufacturer of a faulty component in the truck.

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by lainie.little@thomsonreuters.com | Sep 24, 2018 | Catastrophic Injuries

Bone fractures are common in car accidents and they can range from minor in severity to serious. If you’ve suffered from any kind of broken bone after a serious collision, you may want to learn a little bit about how doctors will likely treat your condition to facilitate the healing process.

Diagnosis and treatment of broken bones

What patients should know regarding the way doctors diagnose and treat a broken bone:

Physical exam: The first stage of diagnosing a bone fracture involves a physical exam performed by the doctor who will look for various signs and symptoms of a bone fracture. The doctor will also ask the patient — or witnesses of the accident — a series of questions to determine what happened.

X-rays: Doctors will usually want to take a closer look at the injury to determine how bad the bone break is, and X-rays are an excellent way to investigate. A CT scan or MRI scan will also help to diagnose the problem in addition to X-rays.

The natural healing process: The natural healing process for a bone will begin immediately after a fracture occurs. The doctor’s job is to facilitate, support and guide the healing process to ensure the maximum level of recovery for the patient. This usually involves some form of immobilization so that the bone can set and solidify without interference.

Resetting the bones: Doctors may need to “reduce the fracture” which refers to the setting of the bone tissues so they are lined up appropriately. The doctor may put the patient under general anesthesia while he or she manually manipulates the bones into place or performs a surgery to access the bones beneath the skin.

Immobilization: Next, the doctor will immobilize the bones via screws or metal plates, plaster casts, braces or internal rods and nails. Immobilization typically lasts for a period of two to eight weeks, during which time the bones will begin to heal on their own.

How did your bone fracture happen?

Depending on the circumstances surrounding your broken bone, you might want to determine if another party is liable for the costs relating to your medical care. The treatment of a serious fracture — especially if it requires surgical intervention — will not be an inexpensive undertaking. However, if successfully navigated, a personal injury claim to recoup financial damages could be a viable way to cover those costs.

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by lainie.little@thomsonreuters.com | Mar 28, 2018 | Catastrophic Injuries

When you fell, you heard a horrible snap and knew something was wrong. You weren’t alone, so the people around you made sure you didn’t move and called for emergency help immediately. The nearest hospital to you at the time was still at least several miles away, and there was a time delay in getting the help you needed.

You knew something was wrong when you noticed you couldn’t feel much below your hips. You wanted to get up and check that you could walk, but you knew that could make things worse. After going to the hospital, you know that you have a serious spinal injury that may — or may not — heal.

There are several things that could happen after an injury like yours. Here are three ways that a spinal injury can impact your life.

1. Chronic pain

When a spinal cord injury isn’t complete, it means that the nerves can still travel across an injured area, at least in some manner. This often leads to pain, since the nerves misfire and send the brain unusual signals. It is common for patients of incomplete spinal injuries to have exaggerated reflexes and spasms, pain or stinging around the injury and altered sensations. You may have trouble feeling heat, cold or touch.

2. Weakness or paralysis

A complete spinal injury does lead to paralysis in most cases. Paralysis occurs because the nerves cannot connect below the point of injury. As a result, there may be no feeling, or only very limited feeling, below the point of injury. Weakness, muscle wasting, difficulty coughing, breathing or moving are all potential symptoms of paralysis.

3. Ongoing medical care

After a spinal cord injury, it’s normal to need ongoing medical care. You may struggle with many things, from being unable to tell when you’re injured to feeling chronic pain all the time. It’s through medical treatment that you can begin to control symptoms like pain or weakness, muscle-wasting or a loss of bladder or bowel control. Technology and medical devices may help you avoid continuing pain or a reduction in your muscle mass.

Spinal cord injuries are significant and put your very life at risk. Extreme pain and pressure are a sign that your spinal cord has suffered a serious injury. If you realize that you’ve been hurt, immediate medical care is necessary. With immediate treatment, there’s a possibility of reducing the extent of the injury by eliminating swelling and complications that could worsen your condition.

Spinal cord injuries can leave you in a painful, difficult state. It’s important to seek medical care for as long as you need it.

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by lainie.little@thomsonreuters.com | Dec 4, 2017 | Catastrophic Injuries

Offshore drilling becomes more important as reserves of oil on shore shrink and get depleted. Oil is a finite resource, after all, so the industry has to shift and look for new and larger reserves to keep up with demand.

At the same time, offshore drilling is a very dangerous profession. The risk of serious injury and death is higher than it is in many on-shore jobs. Why isn’t it safer, if it’s so critically important? Below are four reasons:

1. Complexity.

First off, the systems and machines used to drill in the ocean are huge and complex. They often push down 18,000 feet past the floor, and they start at the ocean’s surface. While only the platform is visible above, these are enormous structures. Anything that large, with that many moving parts, simply has far more areas where problems can occur and mistakes can be made. Dedicated crews can’t always prevent dangerous accidents and malfunctions.

2. Distance.

Drilling started fairly close to the shore, as a way to push from the constraints of dry land and find more oil. However, like the reserves on land, these don’t last forever. The offshore rigs have to keep moving out. This means that, if there’s an emergency, rescue crews simply aren’t close. While a construction worker in the city may be minutes from a hospital, a worker on an oil rig who suffers the same injury isn’t getting care for far longer.

3. Oil and gas.

You can’t ignore that oil and gas themselves are dangerous. They’re highly flammable and can be explosive under the right conditions. Between 2006 and 2010, one report claimed that there were 509 fires on oil rigs. That was just looking at those in the Gulf of Mexico. Working around these dangerous substances is unavoidable, but it also means workers are constantly in danger on the job.

4. Inexperience.

One final thing that experts note is that oil companies, for all their experience in the industry in general, are always pushing the limits. They’re using new technology. They’re drilling in deeper water. They just do not have the experience needed in these areas to operate without incident. The 509 fires noted above prove that’s the case.

Again, workers can’t avoid this issue. The only way to get experience in deeper water is to move to deeper water and drill. Still, workers have to realize that they may be breaking new ground and that always breeds mistakes.

On top of that, the oil industry is incredibly demanding. Production is very important. When workers get injured, especially when the company has a production-first culture and not a safety-first culture, they must know all of their legal rights moving forward.

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by lainie.little@thomsonreuters.com | Apr 4, 2017 | Catastrophic Injuries

Many people seek out jobs working on oil rigs. These jobs can often offer great pay to those who work them. Sadly, that higher pay often comes with increased risk for job site injuries. Most who choose to work on oil rigs will complete their career without any serious injuries or accidents. For some, however, the job could claim their mobility, their ability to continue working or even their lives. When that happens, there are social safety nets, such as workers’ compensation, in place. These systems exist to protect the injured workers and their loved ones from the financial fallout of an accident.

Many people in Texas work in the gas or energy fields, but few take on as many risks as those working on offshore oil rigs. These workers face a number of dangers, from explosions and falls to falling equipment. Workers employed on an oil rig may suffer injuries or even die while working. In these cases, benefits from workers’ compensation may help. Sometimes, a civil lawsuit may be appropriate, if an employer violated safety regulations. If you or someone you love suffered injuries while working on an oil rig, you should speak with an experienced attorney as soon as possible.

Falling equipment caused a recent oil rig fatality

Last month, a worker died on the job due to falling equipment on an oil rig in Brazoria County, roughly forty miles south of Houston, Texas. A snatch block broke, resulting in equipment falling from the oil rig. A snatch block is a system that includes a pulley and a hook, which is used for moving heavy equipment, supplies and machinery. In this situation, workers were trying to move a piece of equipment to the top of the oil rig’s platform. The worker was 43 years old, and he was struck by falling equipment that weight several thousand pounds.

In some cases, failures like this are the result of poor maintenance and inadequate safety precautions. Investigation into the accident can help the surviving family members and their attorney determine if a workers’ compensation claim or a civil lawsuit is the best form of recourse. In both cases, the family will benefit from the help and advice of an experienced personal injury and workers’ compensation attorney. An attorney can help with the workers’ compensation claim process. Filing a civil lawsuit is also more likely to be successful with legal guidance.

An attorney can protect you after an oil rig accident

Work injuries do happen, which is why there are safety regulations and workers’ compensation. However, it can be difficult for families to handle the fallout of these accidents on their own. An attorney can help ensure that anyone responsible is held legally accountable. Legal advocacy can also help offset the financial burden caused by the loss or injury of the family’s primary wage earner.

Source: Nov. 30, -0001

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