If you suffer a personal injury as the result of the actions or negligence of another, you may seek financial compensation for physical or emotional damages.
A personal injury occurs when someone causes harm to another person's body, mind, or emotions. It does not include damage to property, finances, or other assets.
Accidents at home, on the road, or at work
Accidents due to product defects
Medical negligence claims: includes medical and dental accidents
Industrial disease claims: includes occupational injuries like mesothelioma, occupational stress, and repetitive strain injuries
There are two types of damages: special damages and general damages.
Special damages are financial in nature, such as hospital bills or lost wages.
General damages are non-financial losses, which include pain and suffering, loss of consortium, defamation, and emotional distress:
Pain and suffering is the kind of physical and/or mental loss caused by a personal injury. Pain and suffering also refers to the possible future effects of a personal injury. Keep in mind that mental pain and suffering includes negative emotions like emotional distress, anxiety, and shock. Afflictions such as sexual dysfunction, depression, and post-traumatic stress disorder also fall under mental pain and suffering.
Loss of consortium is the loss of the ability to have a relationship with an injured person. Usually it applies to a spouse in a marriage, but can apply to children too.
Defamation occurs when another person's character or reputation is hurt. Words like libel or slander are commonly used in reference to a defamation case. Libel means that a falsehood was said with written or printed words or pictures. Slander means the same thing except that spoken words, sounds, sign language or gestures were used. Defamation can result in lost wages and pain and suffering.
Emotional distress describes the mental health issues your personal injury caused. Historically, courts awarded emotional distress only in cases where physical harm was evident. However, recent cases recognize that emotional distress can come from personal injuries in which there is little to no physical evidence such as sexual harassment or defamation. These sorts of cases usually require a mental health professional to verify the emotional distress.
A statute of limitations is the period of time you have to file a claim. Personal injury cases have a statute of limitations that vary by state and cause. The time limit usually starts on the day the accident or injury occurred and can last anywhere from 2 to 5 years. If you do not follow the guidelines for your state's statute of limitations, you may lose your right to file a claim.
Personal injury cases require that you have an injury with medical documentation. This includes mental health injuries documented by a certified mental health professional. If the personal injury case is based on negligence, the negligence must be documented in addition to evidence that it caused the accident or illness.
Cases like assault, theft, or emotional distress are usually classified as an intentional tort or wrong. Intentional torts require evidence that the defendant knowingly caused damages. Personal injury cases hold a defendant as strictly liable when someone is hurt in a dangerous activity like demolition or hazardous waste removal. Strict liability claims do not require negligence, fault, or intention. There are also certain circumstances that may disqualify a person from filing a personal injury claim, like signing a release waiver for a recreational activity.
To determine if you have a case, your claim must fall within the statute of limitations for your state for the personal injury cause. A case must also fulfill the requirements of proof and documentation for your type of personal injury case.
How a stuck baby can suffer a brain injury during birth. The more technical way to state this is can shoulder dystocia lead to a brain injury. For parents who must ask this question, or who must research this issue, questions can abound. This is because this issue can be rarely discussed during pregnancy. As a matter of fact, some people have no idea that baby’s can “get stuck” during a vaginal delivery. My focus in this article is to help you understand from a medical legal standpoint some of the critical issues present when shoulder dystocia is present, and how a baby can suffer a brain injury in some instances. WHAT IS SHOULDER DYSTOCIA? Shoulder dystocia occurs when the baby becomes trapped behind the mother’s pelvis. Due to the real possibility of the umbilical cord becoming compressed, shoulder dystocia is a delivery room emergency and must be treated as such. Doctors must use the maneuvers and techniques they are taught to help free the baby. In addition, because an emergency is created, doctors and nurses must have quick and accurate communication lines with each other. The following can be risk factors for shoulder dystocia: • Increasing Fetal Weight: This can be seen as fetal macrosomia. Doctors should be on the lookout if the baby is greater than 4000g, or 8.8 lbs • Maternal Body Mass Index: Mothers who are obese present with an increased risk of shoulder dystocia. An increased fetal birth rate can be tied to a mother’s obesity in some cases. • Prolonged Second Stage Of Labor • Prior Shoulder Dystocia Delivery • Diabetes • Gestational Diabetes: Diabetes, and gestational diabetes pose an increased risk of shoulder dystocia because both conditions can increase the fetal weight. • Post-Term Pregnancy: A pregnancy more than 42 weeks HOW A STUCK BABY CAN SUFFER A BRAIN INJURY I briefly mentioned above how umbilical cord compression can occur during shoulder dystocia. This is because as the baby moves down the birth canal during a shoulder dystocia condition, the umbilical cord can become pinned. When this happens, a reduced level of blood and oxygen can occur. Some commentators note that the umbilical cord is the baby’s lifeline. In many ways this is true because a baby receives a lot of nutrients from mother. Hypoxic ischemic encephalopathy, or HIE is a medical condition which can occur when a reduced level of blood and oxygen is present. During a compressed umbilical cord, this is a serious fear, that the baby’s blood and oxygen levels will be cut off to the point of a brain injury. In extreme cases, not only can a brain injury occur, but the baby can die. For parents who learn that their baby got stuck during delivery, one question to ask is whether the baby was at risk for oxygen deprivation. In certain cases, injury to the brachial plexus nerves will also be a concern for the baby. HAS YOUR BABY SUFFERED A BRAIN INJURY? Hopefully now you can understand how a stuck baby can suffer a brain injury during a vaginal delivery. If you have further questions, just give me a call. I can be reached for further discussion at 301-850-4832. I talk with families all the time about birth trauma related injuries and I would be happy to listen to your story. Marcus B. Boston, Esq. Boston Law Group, LLC 2 Wisconsin Circle, Suite 700 Chevy Chase, Maryland 20815 bostonlawllc.com 301-850-4832 1-833-4 BABY HELP
Call the Police An officer will usually appear at the scene to investigate. After a thorough investigation, the officer will write a police report detailing all parties, their insurance information, and their contact information. While waiting for police, obtain as much information as you safely can gather. Obtain witness names and phone numbers, license plate numbers, and a description of all vehicles involved. Sometimes before police officers arrive, the at-fault party will make admissions of fault. Take pictures Take pictures of the scene and all vehicles involved. Take as many pictures as you can with a cellular phone, and immediately save those pictures on a safe device. Seek Medical Attention If you have suffered an injury, seek medical attention. Do not ignore pain. It is not unusual for symptoms of pain to show up the next day or a couple of days later. If you feel pain, you have a limited amount of time under Florida law to seek treatment under your own auto insurance policy. Call an Attorney Do not give any statements to insurance companies or other drivers without the help of an attorney. Insurance companies are not your friend, and they are not looking out for your interests. Do not sign any documents without help Do not sign any documents presented to you by the other driver's insurance company or your own insurance company without first consulting a qualified lawyer.
Genetic conditions are not the only cause of a birth injury. However, for some parents, this is the only thing that they know. In my opinion, based on my talks with parents contacting me about these issues, doctors and medical professionals are steering more and more parents into this area, with little to no discussion of other causes a birth injury, namely a brain injury. This birth injury educational article will look to explain another possible cause of a birth injury. One of the most important things parents can do when faced with this situation is to ask questions of their baby’s doctors. There is nothing wrong with getting answers and advocating for your baby! WHY IT’S SOMETIMES IN THE BEST INTERESTS OF THE HOSPITAL AND DOCTORS TO AGRESSIVELY PUSH GENETICS It has been my experience that in some cases in which a baby has suffered a brain injury at birth, they are not genetic cases (yes genetics can cause an injury but not every case will be legitimately genetic). What non genetic cases can really demonstrate sometimes is that the baby was suffering from fetal distress and the condition was not properly diagnosed and treated, thus leading to the baby suffering a brain injury. In many cases, this avenue is not at all explained to parents. Under Maryland law parents bringing birth injury claims on behalf of their baby must meet certain elements for the case to be successful. These four elements are: • DUTY • BREACH OF DUTY • CAUSATION • DAMAGES When doctors and hospitals “automatically” move to genetics, what they are essentially arguing is that they are not the cause of the injury and are not responsible. To put it another way, element three of the negligence puzzle is missing. The genetics argument is a built-in defense to a medical malpractice claim. This is why I mentioned above that it is important for parents to ask the hard questions of the doctors. If a genetic condition is suggested one question of concern is whether the child meets the symptoms associated with the condition? GENETIC CONDITIONS ARE NOT THE ONLY CAUSE OF A BIRTH INJURY When genetics are ruled out, and mom had an uneventful pregnancy, with no issues detected during her initial check into the hospital, other areas of the possible cause of the birth injury must be investigated. Birth injury attorneys who help families get the care needed for their child, look to the actions, or in-actions of the hospital staff. One key area of review will be was the baby in fetal distress, and if the baby was in fetal distress (not tolerating a vaginal delivery), was it properly diagnosed and treated? What we can find after investigation is that in some cases, the staff misses the fetal distress and it goes on too long. This can then lead to the baby’s fetal reserves being depleted, thus setting the baby up to suffer a brain injury. One of things parents can look for is whether the baby has been diagnosed with hypoxic ischemic encephalopathy (HIE). HIE is a reduced level of blood and oxygen, which can lead to a brain injury. Parents that understand these issues can see why genetic conditions are not the only cause of a birth injury. HAS YOUR BABY BEEN DIAGNOSED WITH HYPOXIC ISCHEMIC ENCEPHALOPATHY? To speak with me more about the issues present in this article, or your baby’s HIE diagnosis just pick up the phone and give me a call. I can be reached for further discussion at 301-850-4832. I talk with families all the time about birth trauma related injuries and I would be happy to listen to your story. Marcus B. Boston, Esq. Boston Law Group, LLC 2 Wisconsin Circle, Suite 700 Chevy Chase, Maryland 20815 bostonlawllc.com 301-850-4832 1-833-4 BABY HELP
To paraphrase Beto O’Rourke... To paraphrase Beto O’Rourke, “Hell yes, we are coming for you.” Your greed has overcome your morals, ethics, and consciences. You have taken a play out of “big tobacco’s” playbooks and decided to get an entire generation hooked on your addictive poisons. While the government uses legislation and statutes to quash your predatory practices, plaintiffs’ lawyers will be hitting you in the only place you care about… your bank accounts. Ask Purdue Pharma, the maker of OxyContin, how it feels to be in the defendant’s chair in such lawsuits. While your products may have positive attributes with actual tobacco smokers who are trying to quit, you knew there was little money in targeting only those who could actually benefit from your e-cigarettes. So, you decided to create a new, and much larger, group of consumers – our country’s teenagers. Sound familiar? It should. It’s what Purdue Pharma did with OxyContin. Purdue Pharma had a product that had benefit for those few patients with truly intractable pain. OxyContin was a life changer for such patients when used properly and in the right patient. OxyContin has true and measurable benefits. However, there were not enough of those patients to make this addictive drug into a multi-billion dollar market for Purdue Pharma. Seeing the potential in getting just about any patient with pain hooked on OxyContin, the opioid manufacturers and distributors promoted the campaign to make “Pain” the “Fifth Vital Sign.” This campaign was incredibly successful and opened addictive opioids like OxyContin to patients who did not have any medical need for it. You are doing the same thing. You are putting profit ahead of lives, and it’s disgusting. What you are doing is indefensible. You need to be held accountable and be disgorged of your profits. Your profits should be used to compensate the people that have become addicted to your products, the people who have developed lung disease in just a few months after using your products, and the families of those that you have killed with your products. And… as I end most of my posts (rants or tirades)… TO THE VICTIMS OF THE VAPE INDUSTRY: If you are 25 YEARS OR YOUNGER and ADDICTED to a JUUL device, you may be entitled to compensation. If your first experience with nicotine was through a Juul device and you are now addicted, you should know about the following lawsuit: Bradley Colgate, et al. v. Juul Labs, Inc., et al. (Case MDL No. 2913). Treating this case, and other similar cases, like it does with many “mass torts / multidistrict litigation” cases, the federal court system has consolidated the cases into one courtroom, and that courtroom is in the United Stated District Court for Northern California. With this development, I believe that things have taken a major, and positive, turn for the victims of the vape and e-cigarette industries. My name is Paul J. Molinaro, M.D., J.D., and I am a California physician and attorney. If you live in California and are addicted to e-cigarettes or vaping, please call me for a free / no-obligation consultation. I want to hear your story, and I want to tell your story to a judge. (www.888mdjdlaw.com). * The above text may be considered an ad from a California law firm. #ecig #vape #addiction #nicotine #toxin #poison #epidemic #lawyer #attorney #lawsuit #ecigarette #vapelife #vapenation #vapeon #vapecommunity #vaping #vapefam #vapers #vaper #vapestagram #vapetricks #vapor #vapelyfe #ejuice #vapedaily #instavape #eliquid #vapelove #vapeshop #vapepics #vapes #vapesociety #ecig #vaporizer #vapestore #liquid #vapefamily
Traumatic Brain Injury Statistics In the United States alone, there are approximately 1.5 million people who suffer a traumatic brain injury each year. According to the CDC (United States Centers for Disease Control and Prevention), 50,000 of these victims die from their injuries, and another 85,000 suffer long-term disability. In the U.S., a total of more than 5.3 million people are living with disabilities caused by a traumatic brain injury. In addition to the pain and suffering victims must endure, those who experience a severe traumatic brain injury (TBI) also undergo years of medication, surgery, and even occupational therapy to relearn basic skills like walking, talking, and eating. For some TBI victims, rehabilitation fails to recover the physical and communication skills they've lost. They're left permanently disabled, unable to work or possibly even live on their own. For the families that are left to care for victims, medical bills and expenses constantly threaten to drag them into debt. All too often, TBI victims, or the family of a victim, fail to realize the high cost associated with this type of traumatic injury. While medical and financial costs alone are crippling, the mental and emotional anguish created by this life-long injury is staggering. Today, let's take a look at the difference that traumatic brain injury damages can make. What Is a Traumatic Brain Injury (TBI)? Your brain is protected by a series of tough membranes and a sea of cushioning fluid which prevent it from rubbing against the bones of the skull. This means that while the brain does fit snugly within the cranium, there is still wiggle room to lubricate its surface. However, during a head injury, this space can actually work against you. Head injuries typically occur as blunt force trauma to the skull, which causes the brain to ricochet back and forth rapidly inside of the cranium. Force of impact can cause the brain to quite literally bounce around the skull, slamming into the barrier that was intended to protect it. This movement damages brain tissue, resulting in chemical alterations inside of the brain. Damage can result in all brain cells firing at once, similar to a seizure, or can injure brain cells in what doctors refer to as "bruising of the brain." Head injuries are also known as Acquired Brain injuries, or more commonly as Traumatic Brain Injuries (TBI). A TBI can be classified as: Mild, like a concussion Moderate, like a seizure Severe, like a coma Depending on the circumstances in which they were sustained, head injuries can take on many different forms. The impact of a TBI can produce physical, cognitive, and sensory impairment for hours, days, or even years after the injury occurs. What Makes a TBI So Severe? Traumatic brain injuries become dangerous the moment they occur. This is because their symptoms may not appear until days or even weeks following the injury, often misleading the victim to think that the damage may not be as severe as it actually is. The mildest form of a TBI, a concussion, can cause a variety of symptoms, including headache, dizziness, tiredness, neck pain, nausea, and ringing in the ears. Those with a moderate to severe TBI often experience these warning signs as well as other debilitating symptoms: Persistent headache that gets worse or does not go away Weakness or numbness in the arms and legs Inability to awaken from sleep Repeated vomiting or nausea Blurred or impaired vision Convulsions or seizures Inability to hear clearly Dilated pupils Slurred speech Lifelong Disability Caused by a TBI A TBI can significantly inhibit both visual and auditory abilities. In fact, 20 to 40 percent of people with a brain injury experience vision-related disorders. Moreover, patients suffering a brain injury have a 2.125 greater risk of developing hearing loss than individuals without brain injury. Damage to the head or brain can cause severe impact on the optic nerve as well as the auditory cortex in the brain. Patients suffering a TBI due to an auto accident have the highest associated risk of hearing loss, while vision problems can result from mild head injuries, such as whiplash from a minor rear-end collision or a fall. Even mild injuries can effect vision or hearing, while more severe trauma can cause permanent blindness, double vision, difficulty focusing, partial deafness, or permanent deafness in one or both ears. A traumatic brain injury can also cause permanent physical and mental disability. TBI victims often experience issues with language and communication, in which a patient has trouble understanding or creating written or spoken words, speaking gibberish or slurring. It is common for those with a TBI to exhibit emotional and behavioral problems, and to struggle with depression, anxiety, irritability, apathy, and sleeping problems. Lastly, in some cases, the physical skills lost by the victim can never be regained, with victims of severe traumatic brain injuries unable to walk or communicate. Importance of Correctly Diagnosing TBI Nearly 90,000 people experience the onset of long-term or lifelong disabilities associated with TBI each year. An estimated 50,000 victims die from the effects of a TBI annually, and of those, 50 percent do so within the first two hours of their injury. Accurately and promptly diagnosing a TBI can not only help aid the victim through the onset of concurrent symptoms, but can also potentially save their life. With a TBI, a medical doctor should assess the situation as quickly as possible. Even a mild injury to the brain is still a serious event that requires immediate attention and an accurate diagnosis. Consequences of a TBI can worsen rapidly without treatment. Correctly Calculating the Cost of TBI Over Time One of the most unfortunate, but sadly most common, mistakes that a victim of a TBI can make is incorrectly calculating the cost of the injury over time. A traumatic brain injury is not comparable to other accident costs, like the property damage to a car. You cannot simply calculate the funds for immediate needs and anticipate that amount being anywhere close enough cover the cost for life. Unlike many other accident injuries, the cost of a TBI extends over time, and can truly be lifelong. When calculating the cost of a TBI over time, consider more than just doctors visits. A severe TBI can result in a variety of personal injury damages, including: Current and future medical bills Lost wages or unemployment Ongoing medication regimen Ongoing physical therapy Loss of enjoyment of life Loss of consortium Pain and suffering Mental anguish When a family member, especially the head of a household suffers a TBI, they can lose their source of income, their ability to participate in a healthy marriage, even their senses like vision or hearing. The Consequences of Miscalculating Damages If you or a loved one has suffered a traumatic brain injury, then you do not deserve to cut back on your quality of living or risk losing your possessions. Victims of these accidents may never be able to return to their old job, or maintain their old lifestyle. They may have special needs for the remainder of their lives, or require therapy for years to come. In accidents that result in life-changing injuries, it is critical to have the right traumatic brain injury attorney by your side. Before rushing to decide on a settlement amount, speak with a traumatic brain injury attorney. A TBI attorney can help analyze past, current, and future medical bills, and project how today's circumstances can impact your family emotionally, physically, and financially down the line. Your family deserves to be compensated for a lifetime of pain, and a traumatic brain injury attorney will help you tack an actual number onto that cost. For instance, one small miscalculation in future earnings can cost your family thousands of dollars. It can be the difference of you working two jobs to support your family, or losing your home because you could no longer afford it with one income. You require a traumatic brain injury attorney that has the experience and the resources to do a thorough investigation of your case. What to Look for in a TBI Attorney Your family has suffered enough pain. When looking for a traumatic brain injury attorney to represent your case, you deserve a lawyer who will make the process as painless as possible. An attorney who is compassionate, but tireless in pursuit of your compensation. If you're looking for a TBI attorney to handle your case, don't go with the first lawyer who pops up on Google. Instead, measure each potential traumatic brain injury attorney by a certain set of qualifications: Experience: A trusted TBI attorney will have had several years of legal and trial experience, especially in the practice area of TBI. Knowledge: A TBI carries lifelong consequences which equate to lifelong damages. A knowledgeable attorney will be well-versed in the variety of damages involved in these cases, and how you should be compensated for them. Positive Results: A qualified traumatic brain injury attorney won't just have practiced for years, but will also have a history of obtaining worthy settlements for his or her clients. Real Life Testimonials: Attorney's testimonials for past clients should indicate not only that they had winning representation, but that the process was personal and stress-free. Your family shouldn't deal with any further stress when pursuing compensation, and real life testimonials can indicate what working with your potential TBI attorney will be like. Effective Communication: You never want to feel out of the loop with your own case. Look for a traumatic brain injury lawyer who will make you feel included every step of the way and will inform you of every process involved. A Large Network: Successful TBI cases involve expert medical witnesses such as neurologists and radiologists, and typically involve extensive investigation. A qualified TBI lawyer will have a large network of medical and legal professionals to aid your case. Connecting with an attorney who has the resources and experience to fully optimize the value of your TBI case is critical. Don't allow yourself or your family to drown under damages. Traumatic brain injuries may have a high cost, but its truly your legal counsel that makes all the difference.
Was your baby’s brain injury preventable? The context associate with this article is a focus on the actions of the doctors and nurses in the delivery room. I am not going to get into genetic abnormalities, or other developmental issues, as there is a lot of information available on how these things can cause a baby to suffer a brain injury. What is not always known to parents, is the role doctors and nurses can play in causing a brain injury at birth. For families who are dealing with this situation, please understand that there are professionals who can look to help your baby and your family. Talking to parents who contact my office, I know that initially, some parents think that there is nothing that can be done as to an investigation into the issues. This is simply not true. WAS THIS SUBSTANCE IN YOUR WATER WHEN IT BROKE? Some mothers, when they look back at their pregnancy, they remember that it was uneventful. In other words, there were no real issues, as mom made all her doctor appointments, and followed all orders. However, when presenting to the hospital, some concerns arose. One glaring concern can be a substance present in the water when it breaks. That substance can be meconium. Meconium is the baby’s stool. Meconium coupled with other disturbing readings on the electronic fetal heart monitor can mean that the baby is no longer tolerating a vaginal delivery. The fetal heart monitor is used in many hospitals all over the united states. As I have written in other articles, the electronic fetal heart monitor can assess things like the baby’s heart rate (normal range 120-160 beats per minute), whether there are late deceleration patterns, variability, among other things. When meconium is present, with say, late decelerations, doctors and nurses must pay close attention to the labor progression. This is because the baby fetal distress might be present, and doctors must properly diagnose the fetal distress and provide the proper treatment. The question was your baby’s brain injury preventable gets to the point of whether the doctors and nurses failed to recognize and diagnose your baby’s fetal distress. In addition, this failure to diagnose can then lead to no treatment of the distress. The failure to diagnose fetal distress can lead to the condition hypoxic ischemic encephalopathy, or HIE. HIE in this context means a reduced level of blood and oxygen, which can lead to a brain injury. When HIE is present because of a failure of the doctors and nurses to properly identify labor and delivery fetal distress patterns, and a baby suffers a brain injury, a strong argument can be made that the doctors and nurses are responsible for the injury. WAS YOUR BABY’S BRAIN INJURY PREVENTABLE? If your baby has suffered a brain injury at birth, and now has a subsequent brain injury, and you have questions, give me a call. Families talk with me all the time about these issues. From getting help with an expert opinion regarding the review of medical records, to explaining how a birth injury attorney can help with your baby’s future challenges, this is what we do. I can be reached for further discussion at 301-850-4832. I talk with families all the time about birth trauma related injuries and I would be happy to listen to your story. Marcus B. Boston, Esq. Boston Law Group, LLC 2 Wisconsin Circle, Suite 700 Chevy Chase, Maryland 20815 bostonlawllc.com 301-850-4832 1-833-4 BABY HELP
Personal injury refers to a range of injuries, from slip and fall accidents to medical malpractice. Find out how to determine if you have a case.
There are many types of personal injury, including car accidents, medical malpractice, slip and fall, defamation, dog bites, and assault and battery.
Whether you need a personal injury lawyer depends on the specifics of your case. But having a lawyer helps, whether you're the one suing or the one being sued.
Choosing a lawyer can be critical to the outcome of your case. Learn what to consider when hiring a personal injury lawyer.
Recovering damages in a personal injury case can be a long road. Get an overview of every step in the process, from hiring an attorney to appealing a decision.
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