Categories
Injuries

Is it worth it to file a personal injury claim?

When someone’s reckless or negligent actions result in you receiving a personal injury, there can be some uncertainty about what you need to recover. Insurance companies may act fast to convince you to accept their initial offer, and tell you that lawyers only make things worse, but is it true?

There is a lot that goes into a personal injury lawsuit. Depending on whether you pursue litigation or a settlement, it can take weeks or months to receive compensation for your injuries. When the wait can be so long, why do people file a claim instead of just taking a check from insurance?

How filing a claim can help you

A quick accident causes you to suffer an injury, and not you are facing medical bills, lost income, and other expenses. If a victim is lucky enough to see the at-fault party’s insurance company accept liability, that does not always mean they are getting the best outcome.

Insurance companies often try to pay off a victim with a lowball settlement offer to sweep the problem under the rug. The offer they present may hardly reflect the injury’s current costs and may entirely ignore the future costs. Filing a claim with an attorney can drastically improve the situation.

Lawyers know how much the cost of an injury is, and they know how to negotiate for compensation that reflects it. Without a claim to help maximize your compensation, you risk paying for your expenses out of your pocket.

Fight for your future

At-fault parties often hope that victims do not pursue a claim for their injuries. Without a personal injury claim, a victim loses much of their leverage to get what they need to recover from the accident properly. Attorneys also only collect fees if they win their client’s case, and only take the payment from the awarded compensation.

A victim does not face a risk from hiring an attorney and does not need any money upfront to recover when a claim is only in the client’s best interest.

Categories
catastrophic injuries

Common causes of spinal cord injuries

Many residents of Knoxville probably just know that spinal cord injuries are serious affairs.

One’s spinal cord, which runs down the back, serves as the main communication channel between the brain and the rest of the body. When it gets damaged, the brain can no longer efficiently send signals below the site of the injury.

At the very worst, a victim will suffer complete paralysis from the neck down and will likely require constant medical care.

Others who suffer what doctors call an incomplete spinal cord injury may have some ability to move, but they still will likely suffer some severe complications, including infertility, incontinence and constant pain.

Spinal cord injuries happen for a number of reasons. Motor vehicle accidents account for almost half of all new spine injuries annually, making them the most common cause of spinal cord injuries.

Falling is another common cause of spinal cord injuries, accounting for over 30% of new injuries each year. Among those over 65, falling is the most common cause of spinal cord injuries.

Other common reasons for spinal cord injuries include violence, including wounds from gunshots or knives. Sports and recreational activities also commonly cause spinal cord injuries.

The sad thing is that so many of these severe injuries are completely preventable. For example, the negligence of a drunk, careless or distracted driver too frequently leave innocent people paralyzed.

Likewise, falls often happen because of the negligence of a property owner, a caregiver or someone else who could have prevented a fall by exercising a little caution.

Victims of spinal cord injuries may have the legal option to pursue compensation for their losses.

 

Categories
catastrophic injuries

New tech may make life easier for spinal cord injury victims

Those individuals who suffer catastrophic injuries have a hard road ahead of them. The physical pain and limitations can be stressful and frustrating, making even the simplest of everyday tasks nearly impossible. In addition, these individuals also often have to contend with enormous medical expenses and costs related to rehabilitation and sometimes in-home care. When looked at in its totality, then, catastrophic injuries, such as those that affect the brain and spinal cord, can be devastating, leaving victims fearful of what the future looks like for them.

Something that may give these victims hope is the fact that medical advances are constantly being made in fields that treat brain and spinal cord injuries. For example, one product being tested in a trial phase is a headset that picks up electrical impulses from the brain and transmits them to the hand. Therefore, the product can help stimulate movement in individuals who have been paralyzed or suffer incomplete motor function.

There are likely similar products in the works, which could be big news for spinal cord injury sufferers. To start, these products and their advancements may lead to meaningful movement that can allow these individuals to reclaim massive parts of their lives. Additionally, since the headset discussed above can be created with a 3D printer, victims might have the option of recovering from their injury at home rather than being stuck in a hospital. This can significantly reduce costs and increase comfort. These kinds of products will be portable, too, unlike bulky medical equipment found in hospitals, meaning that users can exercise more freedom and limit the effects of their condition.

While these products may not be widely available yet, it’s really only a matter of time before they are in some form or fashion. But in the meantime, there are steps these victims can take to try to bring themselves comfort and ease the pain of their financial, emotional, and physical losses. One way is to pursue a personal injury lawsuit against those responsible for their injury. To learn more about how to best go about doing that, victims can reach out to a legal advocate who knows how to build a case that seeks to impose liability and recover compensation.

Categories
Uncategorized

Even moderate drinking can lead to a car crash

Summer is a time that many chose to drink, whether it is at a family barbecue, a special holiday such as the Fourth of July or even simply drinking in their own backyard. However, when drinking is combined with driving, the result can be a catastrophic car accident causing serious injuries or even fatalities.

Most people in Tennessee know that if your blood-alcohol concentration is above the legal limit of 0.08%, you are too drunk to drive safely. However, did you know that even moderate drinking can impair you to the point where driving is no longer safe?

For example, if you have consumed around three beers and have a BAC of 0.05%, you may have trouble with your coordination and you may have trouble with your ability to keep an eye on moving objects. Steering may become more difficult as well. In fact, if you have only consumed a mere two beers and have a BAC of 0.02% you may find you cannot exercise proper judgement and multitasking can become difficult. Any of these effects can be the key factor that leads to a drunk driving accident, even if your BAC is below the legal limit.

It may be safe to say that if you plan on drinking, do not plan on driving. Unfortunately, some people will assume they can safely drive even if they have been drinking and will go on to cause serious car crashes this summer. Those injured in crashes caused by drunk drivers will want to take the steps necessary to understand what compensation they are entitled to.

 

Categories
motor vehicle accidents

Traffic fatalities, common injuries and angle crashes

The National Safety Council collects data of all kinds about motor vehicle crashes as does the Tennessee Department of Safety and Homeland Security. 

In general, traffic fatalities and injuries were down slightly in 2019 but motorists must be alert to the possibility of crashes including angle collisions. 

Across the nation 

The National Safety Council estimates that in 2019 there were 38,800 vehicle crash fatalities across the nation, which was down 4% from 2017. The NSC estimated “medically consulted” injuries from vehicle crashes in 2019 at 4,423,000. While this seems a high number, it is a decrease in traffic-related injuries from the year before. 

Closer to home 

In-state traffic crash information from the Tennessee Department of Safety and Homeland Security shows that there were 1,162 fatalities related to vehicle crashes in 2019. That same year, the Department also lists 5,555 “suspected” serious injuries and 25,412 non-serious injuries resulting from traffic accidents. 

Types of crashes 

Angle collisions are responsible for the most traffic fatalities across the country, representing 7,400 in 2018. An angle collision is similar to a side-impact collision except that both vehicles involved are traveling in the same direction and collide, or one vehicle runs into a stationary object, like a guardrail, at an angle. In terms of traffic deaths, head-on collisions take a close second to angle collisions, followed by rear-end and side-swipe crashes. 

Common crash injuries 

As the NSC data shows, many crash-related injuries are not serious and consist primarily of bumps and bruises. On the other hand, even a low speed rear-end collision can cause debilitating, sometimes life-changing injuries. Serious car crash injuries include traumatic brain injury, spinal injuries and internal bleeding, which, if not treated promptly, could result in death. Victims of angle collisions often suffer broken ribs, a painful injury that may take weeks to heal. 

A look ahead 

Motorists must remain alert at all times, especially at intersections and in heavy traffic where incidents like angle and head-on collisions are prone to happen. It is always advisable to seek prompt medical attention following any kind of crash. A doctor’s report with a diagnosis and treatment information is essential when the time comes to file a claim for insurance compensation. 

Categories
nursing home abuse and neglect

Government surveys can reveal valuable information

Tennessee nursing homes which accept Medicare or Medicaid patients, like those throughout the country, have to submit to periodic inspections.

These regular surveys by government officials, which also involve on-site visits, record reviews and the like, focus on both whether patients are receiving the appropriate level of care and the quality of that care.

The results of these surveys help the government decide whether it will continue to pay for patients enrolled in the federally funded health plans.

As a side note, in addition to regular surveys, government officials may also do targeted checks of nursing homes in response to complaints from the public about poor care.

If a nursing home consistently falls short when it comes to caring for its residents, it is quite possible that it will no longer be allowed to take patients on Medicaid or Medicare. This can be a death-knell for a nursing home which counts on that income.

In other cases, poor survey results will land a facility in the Special Focus Facility program, a government initiative which is designed to help troubled nursing homes improve their quality of care.

Nursing homes in this program each at some point in the recent past shown a pattern of substandard care or have had major problems, including problems which actually caused an injury.

These and the reports or enforcement actions which come out of them can provide a treasure trove of information for Knoxville families who suspect their loved one may be a victim of nursing home abuse or neglect.

However, government enforcement actions do not themselves secure compensation for victims. Victims or their families would have to file a separate legal action.

Categories
motor vehicle accidents

Autonomous vehicles are not infallible, study shows

New vehicles these days come with more autonomous features than ever, from lane assist to adaptive cruise control and more. In fact, fully autonomous vehicles are in the works, and may one day be seen on Tennessee roads. It is hoped that by eliminating human error through autonomous vehicles there will be fewer motor vehicle accidents. However, a study from the Insurance Institute for Highway Safety finds that autonomous vehicles may not be as safe as we wish.

According to the study, approximately two-thirds of collisions would still happen even if all vehicles on the road were fully autonomous. Per the study, currently nine of ten crashes involving human drivers are attributable to human error. However, around two-thirds of those crashes would still take place if the vehicles were autonomous, even though autonomous vehicles have a more accurate perception compared to people and are not subject to incapacitation. The study reports that to prevent car accidents, autonomous vehicles should be designed with safety in mind over rider preference.

The study does note, however, that autonomous vehicles perform well when it comes to low visibility on the roadway, roadway hazards and they can prevent distracted or drunk driving. However, these types of collisions only account for around one-third of motor vehicle accidents.

In the end, there is still work that has to be done on the automated vehicle front. We should not blindly trust that these vehicles will prevent all motor vehicle accidents. While autonomous vehicles do prevent some crashes, they are not infallible.

 

Categories
nursing home abuse and neglect

The dangers of nursing home neglect

Both nursing home abuse and neglect are a growing concern in the United States. While there are laws in place to protect elder persons’ rights, the incidence rates for both are far too high.

While abuse refers to the maltreatment of a person, neglect refers to the failure of a caregiver to provide a resident with proper care. Though many people assume abuse is far worse, the truth is that neglect can be just as dangerous, and even deadly.

How negligence occurs

Negligence can occur in a number of different ways. However, according to NursingHomeAbuseGuide.org, some types of neglect are more prevalent than others in nursing homes. Common examples of neglect include the following:

  • Isolation
  • Malnutrition
  • Lack of proper care
  • Improper medication management
  • Falls
  • Dehydration

Ongoing neglect can result in the serious harm or even death of a resident. Families can protect elderly loved ones by keeping an eye out for signs of neglect, which may include but are not limited to sudden weight loss, depression, agitation, bedsores, contusions, filth, bruises and open sores.

The consequences of ongoing neglect

According to Nursing Home Abuse Justice, ongoing neglect can have significant adverse consequences on a resident’s emotional and physical health and well-being. In terms of physical health, neglect can lead to untreated dental or medical issues, which can grow into constantly or life-threatening complications. Victims of neglect often become malnourished and more prone to illness and injury. Many also develop dehydration, fatigue or anemia. In some elderly individuals, these health consequences result in death.

The emotional consequences of neglect are just as damaging. Victims of neglect often develop depression or anxiety or become fearful of others. They undergo personality changes and may exhibit aggression or distrust. Insomnia and sleep loss are also common outcomes of neglect, as is substance abuse and suicidal behavior.

Categories
motor vehicle accidents

Big vehicles, distracted driving and pedestrian deaths

Over the past couple of decades, more and more sport utility vehicles rolled off dealer lots onto the roads and highways. The preference by consumers for SUVs seems logical from a functionality perspective, but it comes with a potential deadly side effect for pedestrians.

At the same time, distracted driving continues to plague U.S. roads. This only further increases the dangers faced by pedestrians. Some hope that advanced vehicle safety features provide the answer.

Surge in pedestrian deaths

According to data from the Governors Highway Safety Association, the number of people on foot killed across the country in motor vehicle accidents in 2018 was higher than in nearly three decades. Similarly, pedestrian deaths in accidents involving SUVs jumped a staggering 81% from 2009 to 2018, per data from the Insurance Institute for Highway Safety.

Bigger vehicles, more severe impacts

When hit by a small vehicle, a pedestrian may experience the most impact in their legs or hips. They may also flip onto the hood of the vehicle. When hit by a tall SUV, a pedestrian may experience the greatest impact in their head or torso where their vital organs are. Instead of flipping onto the hood, the pedestrian might slide under the SUV.

Advanced technology, not-so-advanced results

Consumer Reports explains that one study conducted by AAA found some new vehicle technologies that tout pedestrian safety to seriously lack the ability to truly keep people safe.

Test vehicles driven at 20 miles per hour and equipped with systems to detect pedestrians and automatically stop the vehicles were reviewed. In daytime conditions, the vehicles only avoided hitting an adult-sized dummy in a crosswalk in 40% of scenarios.

Categories
motor vehicle accidents

Motorcyclist killed in recent accident

There was a recent accident along a Knoxville highway, and a motorcyclist lost a life. Unfortunately, accidents involving motorcycles are common, and motorcycle riders receive the majority of injuries and fatalities.

Either motorcyclists or motorists can be at fault when accidents occur, and there are some safety tips both parties can follow to reduce crash risk.

Accident on I-40 kills motorcycle rider

According to the Knox News, around 9 pm on June 2nd, a motorcycle crashed into the back of a passenger vehicle. Unfortunately, the rider was dead by the time help arrived. No one else suffered from injuries due to the crash.

Motorcycle accident stats

According to the National Safety Council, there has been a 200% increase in motorcycle deaths over the last 20 years. Even though only 3% of registered vehicles are motorcycles, they account for 14% of all traffic-related fatalities. 91% of those who die are male, and 28% of fatalities involve alcohol use.

Safety tips

Although investigators have not released more details about who was at fault for the Knoxville crash, the NSC reports that it is usually the driver of a motor vehicle who maneuvers into the path of a motorcycle. This is often because motorists do not think about motorcycles on the road, and they are more difficult to see due to their size and narrow profile.

Drivers should do a better job of looking for motorcycles, but the riders of motorcycles also can do their part. They should wear reflective and bright clothing to increase visibility. They should also ride defensively, stay out of other vehicles’ blind spots and avoid weaving into lanes. Motorcyclists can also reduce more serious injuries by wearing a helmet, ankle-high boots and durable clothing.