$5 million: The Maximum Compensation Possible for Injured NFL Players

Posted by on Feb 21, 2017 in NFL Injury | 0 comments

Sporting events always comes with risk of injury. Risk of injury, however, is always highest in the sports football, this being a high-impact sport. To many athletes, sports commentators and legal professionals,football and injuries go hand-in-hand. Due to all the tackling, blocking and other physical interactions between players, game recaps would always include casualties and injuries, like contusions, musculoskeletal injuries and concussions.

Most of the injuries sustained by football players are musculoskeletal injuries, without doubt. However, there are two others are more much more serious than these simply because they affect the brain: Chronic Traumatic Encephalopathy and Concussion.

Chronic Traumatic Encephalopathy (CTE) is a progressive degenerative disease of the brain that can lead to memory loss, dementia and depression. Concussion, meanwhile, is “a change in a player’s mental state due to a traumatic impact. Not all those who suffer concussion lose consciousness; others rather suffer headaches, dizziness, nausea, drowsiness, numbness/tingling, loss of balance, difficulty concentrating, and blurry vision.

The law firm Ali Mokaram, in its website, talks about the head injuries suffered by Cowboys quarterback Troy Aikman during the 1993 NFC Championship Game. He received a knee to the head that eventually landed him in the hospital that same evening. In 1994, it was Chicago Bears’ fullback Merrill Hodge who suffered a blow to the head. The injury did not only leave him unable to recognize his close family members, including his wife; it also made him retired from football completely.

The firm also says, “In the opinion of an increasing number of scientists, NFL players are paying the cost of such entertainment with their health and long-term well-being. Once their playing careers have ended, many NFL players find that the physical toll that playing professional football has taken on their bodies makes them unable to live a productive, healthy life. Some of these injuries include physical pain from broken bones and joint injuries, but increasing evidence shows that many professional athletes also have suffered degenerative brain disease from repeated concussions as a result of playing in the league.”

Though the NFL denied for so long any possible link between the sport and brain injuries or CTE, it reversed course in 2014 and settled a lawsuit filed by former NFL players amounting to more than $765 million. These players attribute their neurological problems to their time in the league.

Football is and will remain to be a dangerous and violent game. It involves very strong and heavy players running into each other at full speed. The sad thing is, the more violent it is, the more fans, owners and camera crew get awestruck since they do not fully understand how these violent collisions can result to chronic brain damage and/or irrecoverable body impairment.

Repeated concussions due to this event can lead to:

  • Reduced life span
  • High medical costs
  • Brain damage
  • Chronic headaches
  • Impaired concentration and memory
  • Reduced balance

Those filing NFL concussion lawsuits, may be able to avail of the settlement fund the NFL has approved and reserved for injured players. However, applying for compensation may lead to better results if done through and with the help of a seasoned lawyer, who may be able to help an injured player receive the maximum compensation possible, which is $5 million.

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Avoiding Motorcycle Accidents

Posted by on Dec 29, 2016 in Car Accidents | 0 comments

Motorcyclists are one of the most vulnerable motorists on the road. Unlike car drivers, motorcyclists are not enwrapped in a metal casing that can absorb the force of collision. They are more likely to receive a substantial amount of the force, get ejected, and get injured or killed.

For that reason alone, motorcyclists should be very diligent on the road, as a single mistake can lead to an accident that put not just them at risk, but also the others that will be directly or indirectly involved. Below are common motorcycle scenarios that can cause collisions and how you can avoid them.

Colliding with vehicles that are turning or changing lanes

You are diligently riding on the road when a car suddenly makes a left turn into an intersection in front of you. Most of the time, this is the car driver’s fault, because of his failure to consider blind spots and the speeds of the vehicles in his left side. According to the website of Schuler, Halvorson, Weisser, Zoeller and Overbeck, P.A., motorcycle accidents that have occurred because of a negligent party may be subject to personal injury lawsuits.

But whoever is at fault, the damage has been done. The motorcyclist has crashed into the side of the car and has ended up injured.

The same thing happens with car drivers who change lanes without consideration to the others around them. The maneuvers can cause motorcyclists to get hit, lose control, and crash.

The best way to avoid this is by being mindful of the vehicles around you and their speeds. Remember that you are more vulnerable than car drivers. So even if they are the ones who make the mistake, there is a possibility that you will sustain the more serious damage.

Negotiating curves

A common cause of motorcycle crashes is the failure to negotiate bends and curves in the road. Motorcyclists can be complacent because of the steering capabilities of their motorcycles, but sometimes this complacency can lead to misjudging the shape and sharpness of curves. It even becomes worse if the motorcyclist is going at a high rate of speed.
Failure to negotiate curves may force motorcyclists to hit the brakes, which can eject and injure them. It may also lead to motorcycles veering off roads, crashing into obstructions like trees, or going down embankments.

The key to avoid such accidents is to know your surroundings and not going above safe speeds, so you can react safely on unexpected circumstances.

Dealing with road hazards and other obstructions

You just successfully negotiated a curve, only to find out that there is a big rock directly into the path of your motorcycle wheels and you have no time to react. Such obstructions on the road, like patches of sand, animal dung, and other foreign objects, can put unnecessary strain in your front tire, causing you to slip and crash.

You should also watch out for potholes, dangling tree branches, and other obstacles that may also make you lose control of your motorcycle.

The best way to avoid this is by not traveling too fast, so you can react swiftly to unexpected hazards or avoid them outright.

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Employees Susceptible to Developing RSI

Posted by on Jul 4, 2016 in Personal Injury, Workplace Injury | 0 comments

As offices began replacing their typewriters with computers during the 1980s, it did not take very long before a number of employees started feeling crippling pain and weakness in their hand, wrist and elbow, due to repetitive keyboard work. This feeling of pain and weakness required many to wear an arm splint, while missing work at the same time; others, however, who suffered worse conditions, necessitated surgery. This injury, which is due to repetition of the same motions for hours everyday, is called repetitive stress injury (RSI).

RSI was first reported in the U.S. in 1912, being called “telegraphists’ cramp” back then. As the name suggests, the injury was suffered by telegraph operators who developed the mysterious ailment due to doing repetitive taps on telegraph keys. During World War I, the injury was given the name, “glass arm,” which affected Morse Code operators. Many other types of workers were later diagnosed with repetitive motion injuries including, assembly line workers, construction workers, meat packers, seamstresses and manufacturing workers. From the 1980s and onwards, though, when computers started becoming regular equipment in offices, the bulk of reported repetitive stress injuries shifted to computer operators.

According to the U.S. Department of Labor, RSI, also called repetitive motion injury (RMI), cumulative trauma disorder (CTD) or musculoskeletal disorder (MSDs), is now one of the most common workplace injuries. Its new victims, besides computer operators, include grocery bar code scanners/checkers, phone operators, who usually support a telephone receiver between his/her neck and shoulder, and workers in static posturing for long periods, like airline mechanics, who crawl and have to work while in a twisted position.

Repetitive motion injury attorneys, like those from the law firm Scudder & Hedrick, PLLC, encourages those who suspect that they may have developed a repetitive motion injury to seek medical attention immediately as failure to do so can worsen their condition. It is also advisable that they file a Workers’ Compensation claim that could allow them the freedom to adequately recover from their injury.

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Bicycle Accidents

Posted by on Mar 11, 2016 in Bicycle Accidents, Injury | 0 comments

A car-bicycle accident in St. Augustine, Florida that occurred on Wednesday, February 17 resulted in one teenager getting hurt. The victim was identified as 17-year-old Shawn McCook.

McCook said that fortunately, he didn’t suffer from major injuries in the accident and “didn’t break or fracture anything luckily, but [his] foot is still swollen” and that he is finding it difficult to perform some motor functions.

According to Florida’s Integrated Report Exchange System, five people had been killed in bicycle accidents in 2015.

Attorneys at Schuler, Halvorson, Weisser, Zoeller, & Overbeck, P.A. say that nowadays, if you are a bicyclist, following the laws like putting on a helmet while you ride your bicycle or keeping strictly to bike lanes when you are traversing national highways will not be enough to spare you the hurts of getting involved in an accident, especially since you are sharing the road with other motorists who might not be as law-abiding as you.

For instance, the law tells bicyclists to ride as far right as they can; however, this will not help your visibility to other motorists who are pulling out of driveways when someone exiting a parked car opened their door right in front of you, or motorists coming from behind you followed you too closely because you did not afford them the opportunity to change lanes.

The most common way for a bicyclist by a vehicle is when the vehicle is pulling out of a side street, a driveway on the right, or a parking lot, either when the bicyclist is in front of the vehicle and the vehicle hits him, or the vehicle is directly in front of the bicyclist and the bicyclist is forced into a situation wherein he has no choice but to slam into the vehicle directly ahead of him.

Lone way for other vehicles to notice you while you’re riding a bicycle is for you to ride with lights on – on your helmet, your bike parts, or even your clothing (via neon-colored clothes). When you ride at night, it is essential that you get a front headlight for your bicycle. Even during the day, a blinking white light can help make you more visible to motorists who otherwise might have made the mistake of right crossing you.

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Misdiagnosing the Signs of Stroke, a Most Probable Cause of Disability or Wrongful Death

Posted by on Oct 21, 2015 in Medical Dangers | 0 comments

The results of a study that was conducted in 2009, which monitored diagnosis of stroke cases in young adults, showed incidences of misdiagnosis by emergency department medical teams. Of the 57 stroke patients, aged 16 to 50, rushed to emergency rooms, eight were incorrectly diagnosed with a range of conditions that included migraine headache, inner ear disorder, vertigo, seizure, and even alcohol intoxication. Of course they were a few hours later correctly diagnosed with a stroke, but only after having been sent home and later rushed back to the hospital, but with their condition only having gotten worse.

According to the American Stroke Association, the annual number of stroke cases in the US is around half a million; about 200,000 of these attacks have disabling effects, while one third is fatal. Stroke is ranked as the third cause of death and the number one cause of disability in the US. Its typical victims are aged 55 or older; thus, those under 45 years old who are rushed to hospitals seldom get the correct diagnosis despite its revealing symptoms, which include sudden weakness or numbness in the face, arms or legs, loss of balance or coordination, dizziness, difficulty speaking, difficulty seeing either from one or both eyes, and severe headache.

A stroke, also called Cerebral Vascular Accident (CVA), is a result of the cessation of blood flow to areas of the brain. One of its known causes is blood clot in the blood vessels due to cholesterol plaque. Some patients experience a warning or mini stroke, known as Transient Ischemic Attack (TIA), before having a
major or large one; TIA usually lasts for 20 minutes since the flow of blood resumes after an attack.

Immediately recognizing the signs of stroke can prevent the onset of its effects, which include nerve damage, permanent brain damage or, worst, patient death. Thus far, the only government-approved drug treatment for this debilitating or deadly attack is the tissue plasminogen activator, or tPA, which is a clot-busting drug; however, it should be taken by the patient within three hours after symptoms start.

A stroke can permanently alter a person’s (and his/her family’s) life; this is why it’s getting diagnosed early is very critical. Sadly, however, so many individuals are never saved from its disabling or fatal effect due to a doctor’s or healthcare provider’s failure to correctly interpret its symptoms, turning a supposedly preventable attack into a painful experience that can result to disability or wrongful death.

There are various reasons given, explaining why doctors, sometimes, fail to make the correct diagnosis, like failing to pay attention to a patient while describing his/her medical condition, not spending enough time with one patient (to understand more his/her health complaints) due to the large number of other patients needing consultation, failure to require a patient to undergo necessary tests, ignoring warning signs or revealing symptoms, and a simple error in judgment.

A medical malpractice lawyer will likely explain that incorrect diagnosis or misdiagnosis resulting to stroke which, in turn, leads to a patient’s disability or untimely/wrongful death is just one of the many medical errors committed by doctors and other healthcare providers. Any lawyer would also agree that doctors who fail to provide their patients with the standard quality of care expected of them do not only violate their oath to preserve and care for human life but also violate the trust that patients give them. Thus, under the law, patients who suffer preventable harm or injuries due to doctors’ mistakes have the legal right to pursue legal action in order to bring erring doctors to justice as well as to seek compensation for whatever damages they are, and will be, made to suffer.

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The Tragedy of Hit and Run Accidents

Posted by on Jun 8, 2015 in Injury | 0 comments

A disturbing problem that occurs too frequently in roads across America is the growing persistence of hit and run accidents. According to data from the National Highway Traffic Safety Administration or NHTSA, the occurrence of car accidents where the driver at fault flees the scene of the crash has been on the rise in recent years. In particular, the NHTSA points out that there were 1,449 hit and run fatalities in the year 2011. This is a 4.02 percent increase from the 1,393 fatalities recorded in 2010. In the same light, the non-profit AAA Foundation for Traffic Safety estimates that around 1,500 individuals die in hit and run accidents annually.

These alarming numbers show that hit and run accidents is an issue that needs to be addressed immediately. Even when victims are fortunate enough to survive their devastating situations, they are still left to handle the many long-term consequences associated with most car accidents. Aside from the possibility of severe and debilitating injuries, these victims will also have to suffer through the emotional trauma brought about by their accident. On top of that, they will also have to deal with financial concerns brought about by medical and therapy expenses, as well as lost income opportunities.

Personal injury lawyers in TN are well aware that anyone involved in a car accident is left susceptible to many devastating outcomes. However, victims of hit and run accidents are particularly vulnerable because they are left to face the aftermath of the crash alone. Without any witnesses to the crash, it might take a while for hit and run victims to receive the medical attention they need. This may mean the difference between life and death in major accidents. It is also much harder to hold hit and run offenders accountable for their actions. Without any identifying details, it might take some time before the police can make formal criminal charges. In turn, the victims and their families will also have to wait before they can pursue justice against the driver at fault.

Victims of hit and run accidents should be able to receive the closure they deserve after enduring such a tragic incident.

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How PCBs Devastated the Environment

Posted by on May 1, 2015 in Contamination, Injury, Water | 0 comments

Polychlorinated biphenyls or PCBs were widely used for a variety of industrial and commercial applications during the 1920s until the late 1970s. These chemical compounds solely manufactured by Monsanto were primarily used as coolants and insulators for electrical equipment. They were also used as ingredients in several commercial products and construction materials. PCBs were believed to be highly beneficial until reports of safety concerns and environmental issues came to light. In 1979, the United States federal government imposed a ban on PCBs to ensure that the destruction it caused to the environment can be properly mitigated.

PCBs were solely manufactured in the U.S. by Monsanto. The chemical industry giant produced PCBs in a factory in Anniston, Alabama and used its water sources as a dumping ground for chemical waste. While it was largely believed that PCBs were safe and had little impact on the environment, there were several documents that showed that Monsanto was long aware of the negative effects caused by their product. Despite research results from independent studies commissioned by the company, Monsanto continued their operations until public pressure caused to cease PCB production two years before the government’s ban. According to The Washington Post, one study from 1966 examined how fish reacted to the contaminated waters of Snow Creek. The researchers found that “all 25 fish lost equilibrium and turned on their sides in 10 seconds and all were dead in 3 1/2 minutes” and concluded that creek has been made “extremely toxic” by the wasted dumped there by Monsanto.

The scientific community continued its examination of the devastating environmental effects of PCBs after the federal ban. The results are all conclusive, showing that the widely used chemical substance is highly toxic and dangerous. The Agency for Toxic Substances and Disease Registry summarizes these findings by saying that PCBs are particularly harmful due to the fact that it doesn’t break down easily and can continue to exist in the environment for a long time. It can also easily spread by affecting the wildlife living in affected areas. Smaller animals contaminated with PCB risk contaminating the predators that hunt them for food. As a result, PCBs tend to spread through the food chain and accumulate at very high levels.

For more information about PCBs and the pollution in the Anniston area, visit the following link: http://www.nytimes.com/2003/08/21/business/700-million-settlement-in-alabama-pcb-lawsuit.html.

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Medical Dangers abound for Young and Old Alike

Posted by on Mar 17, 2015 in Medical Dangers | 0 comments

People tend to trust doctors and pharmaceutical companies, and sometimes this trust is misplaced. The incompetence or carelessness of medical practitioners can result in harm to a child. According to the website of The Driscoll Firm, children born with birth defects often face significant challenges their entire lives. The tragedy is that it was preventable if the responsible parties had observed proper standards of care.

The same could be said for drug manufacturers. Prescription medications are often associated with side effects that can be dangerous to the patients or, in the case of pregnant women, to their offspring. This is why the Food and Drug Administration (FDA) require drug companies to inform the public and the medical community about possible risks, no matter how remote, that a product may pose to patients. The failure to adequately warn can make them liable for the consequences. A good example of this is Benicar (olmesartan medoxomil).

Benicar is an antihypertensive drug developed by Daiichi Sankyo, a Japanese pharmaceutical company. Forest Labs started promoting it aggressively in the US in 2002 as a safe and efficacious effective drug. However, a Mayo Clinic Proceedings report published in 2012 strongly indicated that Benicar could be causing a condition called sprue-like (mimicking the symptoms of celiac sprue, or celiac disease) enteropathy in patients. True celiac sprue sufferers could manage the disorder by avoiding gluten in food, but not those suffering from sprue-like enteropathy. The condition of patients, with an average age of 69, that stopped taking Benicar improved, but some had suffered permanent damage.

Because Daiichi Sankyo and Forest Labs neglected to warn doctors and patients about this side effect, personal injury lawsuit lawyers filed the first cases in February 2014. New cases are being filed all the time, the latest of which was filed in California on behalf of two male patients who developed sprue-like enteropathy.

If you suffered preventable injuries caused by medical dangers due to the negligence or carelessness of a third party, you have a right to compensation. Contact the appropriate personal injury lawyer in your state to assess your case.

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Better Pay on Time or Pay More

Posted by on Mar 14, 2015 in Prompt Pay Laws | 0 comments

Insurance agencies are notorious for delaying payment for legitimate claims and by and large they get away with it with a smile and a shrug. However, when there is a delay in paying doctors, other medical practitioners, and pharmacies, this becomes a serious issue because this demotivates them from rendering services to those who are covered by public or private health insurance. As a result, the federal government implemented the Prompt Payment rule that requires federal agencies to pay their vendors on time, or they will be required to pay interest under the Contract Disputes Act.

States are also addressing this problem in various ways, particularly focusing on private health insurance companies. The website of the Texas prompt pay lawyers at Williams Kherkher discusses the Texas Prompt Pay Act in some detail.

In essence, the law is dealing with the issue of the delivery of needed medical care. The fewer medical professionals that provide a service to insured individuals means that there is a shortage in needed medical care. Doctors, medical professionals, and pharmacies all have expenses to pay, just like any business, and when payments are delayed, they incur costs that would otherwise be avoided. Collecting becomes such a major nuisance that they would much rather not get into it in the first place. They decline to accommodate health insurance policyholders in their practice, preferring patients who pay out-of-pocket.

Any medical service provider or pharmacy that experiences unreasonable delay in payments due to them is protected under Texas law. If you are in this position, you don’t have to tolerate these bad faith practices of insurance companies. Get in touch with an experienced prompt pay lawyer in Texas to file a case against the insurance company for withholding your just compensation. You should get what is due to you plus any damages caused by the delay in payment.

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Hit and Run Accidents Harm Everyone Involved

Posted by on Mar 10, 2015 in Injury | 0 comments

A late-night bicyclist was hit by what witnesses say was a red two-door car in Nashville at approximately 10:20 pm on February 24, 2015. The bicyclist was thrown into a nearby front yard but the red sedan was nowhere to be found. There is no word as to the identity or condition of the bicyclist.

Such hit-and-run accidents are unfortunately quite common, especially when they happen late at night or early morning when reflexes are slower there are fewer witnesses. A Nashville personal injury lawyer may have many cases involving the personal injury to early-morning joggers, dog walkers, or pedestrians crossing the road. According to the website of Pohl & Berk, LLP, the number of hit-and-run accidents has been on the rise over the last decade, with some estimates putting it as high as 15%.

The fact that the drivers left the scene of the crime means they are facing criminal charges when they are found, and possibly long incarceration depending on the extent of the harm. When there are witnesses to the incident, or the victim survives to tell the tale, the police have a better chance of finding and apprehending the one responsible. After that, all that remains is to see that justice is carried out.

However, criminal prosecution will not pay for the medical expenses of and other financial consequences to their victims. In most cases, the victim can file a civil lawsuit against the driver for these damages even as criminal prosecution is ongoing. Even if the defendant is acquitted in criminal court, he or she may still be held liable in civil court, where it is easier to get a verdict for the plaintiff.
If you have been seriously injured in a hit-and-run accident, you should be ready to assert your claim in civil court as soon as the responsible party is caught. Consult with a personal injury lawyer in your area for more information.

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