Psychological Dog Bite Injuries: A Lasting Effect on Children

July 16, 2018
The physical effects of the dog bite are obvious. Scratches, stitches, and scars are all visible to the naked eye. Many people assume that once healed, life moves on.



But what we don’t realize is that psychological dog bite injuries can have an even greater disabling effect on young victims for years to come. These internal traumas may mean costly therapy and a lifelong fear of dogs.



Adults and children cope differently with the aftermath of dog bites. Adults tend to talk about their experience following a dog bite attack openly. Children, on the other hand, are more likely to remain silent and bury their feelings following a dog bite. Children also have an innate ability to pick up on emotion, especially those feelings of guilt and sadness often expressed by their parents when the dog attack incident is brought up in conversation.



Some psychological injuries can cause mental anguish that can affect a child’s personality and last through adulthood. Symptoms such as intrusive memories, avoidance, negative mood swings, guilt, irrational thoughts and fears, recurring nightmares, loss of sleep and memory problems are not uncommon in someone who suffered a dog bite.
Psychological Dog Bite Injuries: A Lasting Effect on Children Psychological Dog Bite Injuries: A Lasting Effect on Children Reviewed by Your Edu on July 16, 2018 Rating: 5

Suing Amtrak for Train Accident Deaths

July 16, 2018
Train Accidents
The death of a loved one in a train accident can be especially difficult. Trains have been around for close to two centuries and are generally considered safe. Unfortunately, in recent years, there have been some horrible tragedies involving passenger trains as well as some hazardous waste spills resulting from train accidents.
Suing for wrongful death may help you get some closure. You can fight for the rights of your loved one and ensure that those who have been left behind have the financial means to continue with their lives. Compensation from a wrongful death lawsuit can help to pay hospital bills, funeral expenses, as well as living expenses for the departed party’s dependents.

Common carrier liability

Trains, buses, and planes are sometimes referred to as common carriers. A common carrier is any means of transport that requires people to pay a fee for its services. They therefore have a higher duty of care to their passengers or the goods they are transporting. The carrier is required to do what it can to ensure the safety of the passengers and the goods.
Common carriers hauling many people should take the extra caution and be more careful to avoid accidents or injuries. Because of the increased duty of care, if your loved one dies while on a common carrier such as a train, you can sue the train operator for wrongful death.

What is Amtrak Liable For?

Victims of train accidents often suffer severe injuries. Those who succumb to their injuries often do so after racking up large medical bills. They leave behind dependents who not only have lost a loved one, but in many cases, they also have lost a source of family income. Their loved ones have to foot the funeral expenses and they may never be able to replace the income. This can be a great burden on family members.
Although Amtrak receives government funds to support its operations, it is liable for its torts just like many other government entities. However, Amtrak’s liability was capped at $298 million by Congress. This isn’t a lot considering that many train accidents result in injuries and deaths of numerous passengers.

Suing Amtrak

Amtrak made the news in 2017 following the derailment of one of its trains in Washington State. The Accident resulted in the death of three passengers and injuries to dozens more. Only two survivors have filed lawsuits against the carrier so far. However, many more are expected to do so.
If you or someone you love was injured or died in an Amtrak accident, you can get justice. The first step is to get in touch with an experienced injury attorney to evaluate your claim.
Suing Amtrak for Train Accident Deaths Suing Amtrak for Train Accident Deaths Reviewed by Your Edu on July 16, 2018 Rating: 5

Jury awards $47M for girl's disfiguring injuries in Johnstown malpractice suit

July 16, 2018
A federal jury in Johnstown Thursday awarded $47 million to a 5-year-old girl and her parents after U.S. District Court Judge Kim R. Gibson found Dr. John O. Chan and Conemaugh Memorial Medical Center liable for disfiguring injuries the girl suffered following her premature birth at the Johnstown hospital in 2012.
The award to Ian Harker, Corradina Baldacchino and their daughter is one of the largest in a federal medical malpractice suit in Pennsylvania.
The parents' attorneys, Dominic Guerrini and Mark Polin, argued that unusual care ordered by Chan — wrapping the newborn's head in ACE bandages to treat swelling — left the child with a deformed head and unable to grow hair on much of her scalp. The girl will need surgery to try to improve her condition, according to the attorneys.
“This isn't just some cosmetic thing that we throw a hat or a wig on. This is this little girl's being. This is her childhood. Her self-esteem,” Guerrini told the jury during the four-day trial.
Jury awards $47M for girl's disfiguring injuries in Johnstown malpractice suit Jury awards $47M for girl's disfiguring injuries in Johnstown malpractice suit Reviewed by Your Edu on July 16, 2018 Rating: 5

Tort Reform Measures Take Hold in Several State Legislatures

July 16, 2018
There is a quiet movement in the United States – one that doesn’t necessarily attract very much media attention. This movement goes by the name of tort reform, and it may appear to some as an innocuous category of legislative affairs. But behind the dry title dwells a more insidious attempt to weaken the rights of consumers around the country.
Tort reform refers to an effort – mostly backed by Republicans, Big Business and insurance companies – to tighten the procedures and rules surrounding personal injury, medical malpractice, product liability and class action lawsuits. Currently there are at least three legal reform bills being pedaled in state legislatures. There’s a measure sitting in the Senate in Wisconsin; there’s one in Kentucky (this one pertains specifically to medical malpractice); and there’s another floating around in Missouri.

Missouri

In Missouri, where Governor Eric Greitens has pushed for more tort reform, Republican Senator Dan Hegeman has proposed a measure that would shorten the statute of limitations for filing a personal injury lawsuit. Whereas currently the time-limit is set at five years, under the new bill, claimants would have only three years to file a suit.
Hegeman couched the bill in historical terms: “Missouri has not amended the five-year statute since 1939.” He continued, “While five years may have made sense in an age when transportation and communication were more challenging, there is no reason today for an injured person to need so much time to file the action.”
But, as trial attorney David Klarich has pointed out, the five-year limit gives plaintiffs more time to reach a settlement. Without the longer timeframe, plaintiffs could be forced to take a smaller compensation for their injuries or clog the courts with more litigation.

Kentucky

Another bill (SB 20) sits in the House of Representatives in Kentucky, where legislators must consider the pros and cons of a measure that seeks to tighten rules pertaining to medical malpractice lawsuits. There are a number of provisions, many of which already exist in Delaware, but perhaps most problematic is one that would limit contingency fees to 33 percent of the plaintiff’s total award.
According to Minority Floor Leader Senator Ray S. Jones II (Democrat), “It is a fundamental right in this country to contract with a legal representative of your choosing and to be able to negotiate a fee amount.” Jones argued that such a limitation would impede the free-market economy. What’s more, without a higher fee, competent attorneys might be dissuaded from pursuing certain cases, leaving many potential plaintiffs in the lurch.
Another controversial provision would force injured parties to obtain an “affidavit of merit” from a medical review board before filing suit. Without such an affidavit, the injured party would not be permitted to file a malpractice lawsuit.
Another provision would preclude statements such as “I’m sorry” and “My condolences” from being admitted as evidence of wrongdoing. That provision is aptly named the “I’m sorry” clause.
Kentucky attorney Karl Truman reacted to the bill: "The result of laws like this is to restrict access to the courthouse by hard working men and women who do not have the resources of large insurance companies. Victims who have been hurt should not be hurt again when trying to hold a wrongdoer accountable for their bad decisions. We must put people over profits."

Wisconsin

In Wisconsin, the State legislature just passed a bill (AB 773) that would institute major changes to tort law procedures. (As of this writing, the bill is awaiting the signature of Governor Scott Walker)
The measure could alter the discovery process and the retention of electronic data. Under the proposed measure, accused parties would not be expected to hold on to pertinent electronic information unless it could be shown that there was a “substantial need” for it.
Moreover, the bill would change the timeframe of the so-called construction statute of repose, which is utilized by builders and other contractors to evade responsibility in lawsuits pertaining to faulty construction. Under the current statute, all injuries that occur as a result of a negligently designed building must happen within ten years of the building’s construction if they are to be grounds for a lawsuit. When an injury occurs outside that window, a lawsuit may not be filed against the contractor. The bill in the Senate would narrow that window to a mere seven years, making it even harder for injured parties to pursue legal action against negligent contractors.
There are a number of other provisions, including one that would lower the interest rate on overdue insurance claims – from 12 to 7.5 percent. This would be a major boon to insurance companies and a kick in the shins for consumers who depend on those claims.
According to Wisconsin attorney Willard Techmeier of the Techmeier Law Firm, “This is another attempt by big business to lock the doors of the courthouse to our clients and then throwing the keys away.”
Tort Reform Measures Take Hold in Several State Legislatures Tort Reform Measures Take Hold in Several State Legislatures Reviewed by Your Edu on July 16, 2018 Rating: 5

Why You Need an Experienced Personal Injury Lawyer to Represent You in Your Spinal Cord Injury Claim

July 16, 2018
A spinal cord injury is a serious matter, because these types of injuries sever the communication between the brain and the body. This can result in a host of serious and lifelong medical problems, often including paralysis of all voluntary muscles below the neck. Spinal cord injury claims are typically complex and difficult to prove the full value of damages. The good news is that a skilled spinal cord injury lawyer will have a good understanding of the cause and nature of your injury as well as the value of the damages that you have suffered and will suffer in the future.
Causes of Spinal Cord Injuries
Frequent causes of spinal cord injury claims include the following:
  • Slip and fall accidents,
  • Car and motorcycle accidents,
  • Criminal violence (such as a gunshot wound),
  • Participation in risky sporting activities.
Negligence Claims
In a negligence claim you assert that the defendant acted (or failed to act) in a careless manner, thereby causing your spinal cord injury. A typical example might be a collision with a driver who was texting at the time of the accident. Negligence also includes medical malpractice, such as a spinal cord injury that occurs during surgery. Although a doctor is held to a higher standard of care than an automobile driver, doctors and hospitals have a reputation for vigorously fighting medical malpractice claims. 
Product Liability Claims
In a product liability claim you sue the manufacturer, wholesaler or retailer of a defective product that caused your spinal cord injury – the manufacturer of defective brake pads, for example. You must prove the existence of a design, manufacturing or warning defect. This can get complicated, especially if you are alleging a design defect, because the nature of the defect must be such that it actually caused the accident that injured you.
Criminal Violence
If you suffered a spinal cord injury due to an intentionally malicious act such as a gunshot, you can sue the perpetrator and win, even if he was acquitted in a criminal trial (because the burden of proof is lower in a civil lawsuit). The case can get tricky, however, if the defendant cannot afford to pay the judgment and lacks insurance covering him against his own criminal activity. A good personal injury lawyer will seek out additional defendants who can afford to pay a substantial judgment, such as a nightclub that served a belligerent defendant alcohol even after he became clearly intoxicated.  
Defenses
The defendant might raise one or more of a number of possible defenses against your claim, including:
  • Contributory/comparative negligence, an assertion that the accident was partly your fault, which can reduce or eliminate your damages even if you win the case.
  • Assumption of the risk, a denial of liability that might apply if you were injured while engaging in an inherently risky activity such as hang gliding, or if you signed a waiver of liability prior to engaging in a safer activity such as weight training.
  • Pre-existing condition, an assertion that your pre-existing injury is partially responsible for your current condition (if you have had back problems before, for example).
Damages
Damages in a spinal cord injury case can be immense, because of the lifetime of medical care that victims typically require. The danger, however, lies in the difficulty of projecting medical expenses decades into the future, a highly speculative endeavor without the assistance of someone who knows what he is doing, such as a personal injury lawyer with experience handling spinal cord injury lawsuits. Once the case is over, you can’t revive your claim if you run out of money years down the road.
If you have suffered a spinal cord injury that you believe was someone else’s fault, use our attorney search function to locate a spinal cord injury lawyer near you.
Why You Need an Experienced Personal Injury Lawyer to Represent You in Your Spinal Cord Injury Claim Why You Need an Experienced Personal Injury Lawyer to Represent You in Your Spinal Cord Injury Claim Reviewed by Your Edu on July 16, 2018 Rating: 5

Traumatic Brain Injury Linked to Higher Incidence of Road Rage and Crashes

July 16, 2018
Brain Injury Linked to Road Rage

The Study: Brain Injury Linked to Road Rage

The study looked at results of a phone survey of nearly 4,000 Canadian drivers age 18 to 97. Although TBI can occur with no loss of consciousness, for the purpose of the study, TBI was defined as a head injury resulting in loss of consciousness for at least five minutes or overnight hospitalization. Serious road rage was defined as making threats to harm another driver, passenger or vehicle.
In the study, drivers who had suffered TBI, even just one TBI, had significantly more incidents of serious road rage than those who had never suffered TBI. TBI sufferers were also more likely to have been involved in a traffic crash serious enough to cause injuries or damage to their vehicle.
The survey was conducted by the Centre for Addiction and Mental Health in 2011 and 2012, as part of an ongoing survey of adult mental health and substance use in Canada.

Cause or Effect

The study does not establish a causal relationship between TBI and dangerous driving behavior, and more research is needed. We know that those who are prone to dangerous behaviors are more likely to experience TBI, and that after TBI many people begin to engage in dangerous behaviors. Helping TBI victims understand the possible risks and learn coping skills could help reduce road rage and traffic accidents.
Traumatic Brain Injury Linked to Higher Incidence of Road Rage and Crashes Traumatic Brain Injury Linked to Higher Incidence of Road Rage and Crashes Reviewed by Your Edu on July 16, 2018 Rating: 5

Do I Have A Brain Injury?

July 16, 2018
Do I Have A Brain Injury?

Head Injury and Mental Disorders

A study published in the American Journal of Psychiatry in 2014 found that people with head injuries were 439% more likely to develop organic mental disorders than people without and:
  • 65% more likely to be diagnosed with schizophrenia
  • 59% more likely to develop depression
  • 28% more likely to be diagnosed with bipolar disorder

Unidentified Brain Injury

Unidentified brain injury. Have you ever wondered: Do I have a brain injury? You may not even realize you suffered a brain injury because it is normal to have no memory of the accident or injury when the brain is injured. If no one was around you may not know anything happened. And in many cases people minimize events because they do not recognize the seriousness. People around you might say, “You got your bell rung.” In a medical setting they may tell you that you suffered a concussion, without explaining that this is indeed a significant brain injury even if you are treated and released as if nothing serious has happened.
If you were injured in an accident and did not lose consciousness or only briefly lost consciousness but had to her injuries requiring treatment, such as broken bones or cuts requiring stiches, medical professionals are prone to focus on the more obvious injuries and skip over your brain injury. This was especially true in the past when the long-term effects of brain injury were not well-known, but it still happens today.
The standard procedure today is that if you lost consciousness or experienced a period of confusion you are given a clinical neurological exam and a CT scan, but if you are deemed safe to go home it is rare for doctors to warn you of the potential long-term consequences of your brain injury.

Hypoxic and Anoxic Brain Injury

Brain injuries can also occur as a result of lack of oxygen to the brain. Examples of events and conditions that can lead to this type of brain injury include:
  • Stroke
  • Brain inflammation
  • High fever
  • Near drowning
  • Drug overdose
  • Anesthesia accident
  • Heart attack
  • Severe asthma event
  • Strangulation
  • Carbon monoxide poisoning
  • Electric shock
  • Severe blood loss as a result of injury to any part of the body
For more information, please download our free Head Injury Guide. This easy to read guide will walk you though everything related to brain injuries, including common types, symptoms, at risk populations, and steps you should take to recovery.
Do I Have A Brain Injury? Do I Have A Brain Injury? Reviewed by Your Edu on July 16, 2018 Rating: 5
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