Articles Posted in Brain Injury

A motorcyclist, who suffered paraplegia and a traumatic brain injury when he crashed his motorcycle, has agreed to a $2M structured settlement from Woodbury County, Iowa. Citation: Lamoureux v. Woodbury Co., No. LACV143082 (Iowa, Woodbury Co. Dist. Mar. 20, 2012).

Justin Lamoureux, 26, was involved in a motorcycle accident on a paved county road when he rounded a curve in the road to come upon a pile of gravel the size of a pickup truck in the roadway. The gravel was being used by road crews to repair the roadway.

Lamoureux sued Woodbury County claiming that they were negligent and violated their statutory duty to properly secure the gravel.

The settlement provides for Lamoureux’s medical expenses which were $650,000 and loss of future earnings. He had worked as a welder earning approximately $30,000 a year.

Roadway defects can cause accidents

All motorists rely on the state and local governments to keep the streets and highways safe for driving. Defective roadways can and cause serious car, truck, bicycle and motorcycle accidents. When the state or city fails to properly maintain a road, they may be liable for serious injuries caused in the case of an accident.

The following factors can contribute to a roadway accident that causes serious injury or even death:
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It’s no surprise that motor vehicle accidents involving teenage drivers increase during the summer months. Teens have time off from school and more time to drive. In reading various articles about teenage driving safety today, we came across a trial verdict involving a teenage driver which provides a stark reminder of what can happen in car accidents involving teens.

In the case of Davis v. Berger, Davis, who was 16 at the time of his accident, was awarded $1.03M for damages he suffered in a rollover car accident.

Cody Davis, 16, was a passenger in in a pickup truck driven by his friend, Scott Berger. Berger lost control of the pickup truck on a rural road and the truck rolled. Unfortunately, Davis suffered a traumatic brain injury in the accident and suffers cognitive impairment as a result.

In his lawsuit, Davis claimed that Berger had been speeding prior to the accident and that he was negligent in failing to maintain control of his truck.

The jury verdict of $1.03M likely reflects the severity of Davis’ injuries.

Cognitive Deficits due to Traumatic Brain Injury

A person who suffers a traumatic brain injury due to a motor vehicle accident, slip&fall or sporting accident may experience cognitive impairments while the brain heals. Sometimes these cognitive deficits may last for a short time but sometimes they may last in some degree throughout ones life.

An acquired brain injury (ABI) is a complex injury and no two patients can expect the same outcome.

When the brain is injured, every aspect of a person’s life can be affected including intellectual, emotional, social, physical and behavioral.

The impact of a brain injury to one’s emotions can include depression, anger, lack of impulse control, social anxiety and the inability to enjoy life.

Teenagers who suffer a TBI often are unable to participate at the same level in school and at home.

Patients with a TBI often experience memory loss, attention problems and other cognitive problems.
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Paul F. Stewart, 52, was taken to Providence St. Peter Hospital in Olympia with critical injuries after he was injured in an Olympia bicycle accident.

The Olympian, in an article written by Rolf Boone, reported that Stewart was riding on Meridian Road Northeast at 46th Avenue around 11am, when he was struck from behind by a Ford Expedition driven by Samalaulu C. Punimata, 22, of Lacey.

Police are investigating the bicycle accident but the article says that charges are pending. It’s unclear whether alcohol or drugs were involved or if Punimata was distracted by a cell phone. The section of Meridian Road where the bicycle accident occurred has a speed limit of 60mph.

If it is determined that Punimata was speeding, distracted or under the influence, he could face serious charges including Vehicular Assault.

Stewart’s bicycle accident is one that bicyclist’s fear most, getting hit behind. Even when a bicyclist is doing everything right, there is no way to avoid a hit-from-behind accident. In these types of accidents, bicyclists are thrown from the bicycle, sometimes out into traffic , and they can suffer blunt force trauma injuries or head injuries. Stewart was wearing a helmet at the time of the accident which hopefully went a long way in protecting his head.
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It’s cold outside and there are a few inches of the white stuff on the ground in Seattle, Bellevue and throughout the Pacific Northwest. Many people are hunkered down waiting for the storm to pass but others have to go to work, go out to pickup up groceries or medications and for others, cabin fever can drive one to get out and about.

Walking on snow and ice can be dangerous, however, and a person has the potential to slip and fall. While slipping on an icy driveway may be funny in a cartoon or in a YouTube video, fall injuries are one of the leading causes of death among the elderly.
slip and fall lawyer
We often get calls this time of year after someone has slipped and fallen and suffered a serious injury. Moderate injuries include bumps and bruises but more serious injuries include fractures to knees, hips and ankles. And, the most dangerous injury of all is a traumatic brain injury which is fatal in 46% of falls among the elderly.

Often people wonder if the property owners has legal obligations in the case of an injury when a person slips on an icy sidewalk, parking lot or place of business. They wonder if the property owner has a duty to remove snow and lay down deicer.

Who is at fault for slips and falls on an icy or unshoveled sidewalk?
The truth of the matter is that the statutory laws can vary from city to city and homeowners may have a different standard than business owners or municipalities. That’s why it is a good idea to contact an experienced slip and fall attorney who can evaluate the merits of your case. An experienced personal injury will research the various municipal codes and will ask some important questions such as:

  • Where did the accident happen?
  • Was the property initially shoveled and de-iced?
  • Was snow falling?
  • What was the time period between the end of snow fall and the fall?

Answers to these questions as well as other factors can help in determining whether negligence on the part of the property owner was responsible for your slip and fall accident.

We can help
If you or a loved one has been seriously injured in a slip and fall accident, the slip and fall accident lawyers at The Farber Law Group are there to help. We have more than 40 years experience in representing people with their premise liability and slip, trip and fall accident claims.
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In mediation, the family of Susan Slattery, 47, has settled a wrongful death and negligence claim against a trucking firm for $40.8M in damages for the trucking accident that claimed Slattery’s life and seriously injured her two sons.(Citation: Slattery v. Estes Express Lines, Inc., No. 1116-CV-13913 (Mo., Jackson Co. Cir. June 22, 2011).)

In two separate mediation sessions, Slattery’s family was awarded $6.2 for their wrongful death claim, $1.2 million for Slattery’s son Peter’s injuries and $33.4 million for her son Matthew’s personal injury claims.

Slattery was driving with her sons Matthew, 12, and Peter, 15, when a large truck pulling triple trailers rear ended her vehicle. The force of the crash caused Slattery’s car to be pushed under the rear of another semi trailer.

Slater died at the accident scene.

Slater’s son, Matthew, suffered a traumatic brain injury in the accident. He was hospitalized for a month and is disabled, requiring 24-hour care. His future care and life care costs ranges from between $22M to $30M.He has difficulty communicating as he suffers from aphasia as a result of his head injury.

Slater’s son, Peter, has mostly recovered from injuries which included fractures to his pelvis and face. His medical expenses totaled around $220,000 and he is still unable to participate in sporting activities.

Trucker’s Negligence
The Slattery family claimed that the semi-truck driver, Douglas Bouch, driving for Estes Express Lines, fell asleep at the wheel causing the accident. They made a claim against Estes Express under the doctrine respondeat superior. They also claimed that Estes Express failed to have an adequate plan to supervise their drivers.
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If you have some kind of accident, such as a car accident, workplace accident, or even if you slip and fall on someone else’s property, you may suddenly find yourself trying to learn all you can about personal injury law.

Personal injury law covers personal accidents and damages that can be awarded when claims are made.

While you can file a personal injury claim for any type of accident, there are some things you should understand about personal injury law and how you can win your case.

For starters, accidents do happen, but sometimes they are just that-accidents, meaning no one is to blame. In these cases you probably won’t get far in the way of a personal injury claim.

If you file a claim and expect to be compensated for damages, you need to be able to clearly demonstrate that the party you are filing the claim against could have prevented the accident. For example, if you are walking down the street and fall on the sidewalk in front of someone’s house because you simply weren’t paying attention to where you were going, you are probably going to have a hard time getting a settlement from the homeowner. If, however you fall because the homeowner failed to remove a branch, or ice, or something else from the sidewalk and you fall, that homeowner may be responsible for your accident and may have to pay your medical bills or any other costs associated with the accident.

While this may seem like simple logic, personal injury law is a complex, and sometimes controversial topic. Many politicians feel that the amount of damages one can receive in a personal injury claim should be capped to a certain amount. Different accidents require different things however. Maybe you not only have medical bills from an accident, but you also can’t return to work due to a hospital stay. You lose money by not working, should the responsible party not be held liable for these damages as well?

Personal injury law is hard to navigate, and for that reason, if you feel like you need to file a personal injury claim, you should immediately contact a lawyer for advice. The lawyer can tell you what they think your chances are of a settlement and what the next step should be. You should get compensated if you have an accident that is not your fault, and a lawyer can help make that happen.

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We represent people who have been seriously injured due to construction accidents, motor vehicle accidents and slip trip and fall accidents.

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How to Find a Personal Injury Attorney
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A one-year-old boy suffered a serious head injury when a TV fell off of a motel room dresser and fell on top of him.

According to a report on Fox news, the boy was playing with his brothers in their room when they bumped a dresser that the TV was on and it toppled on him. The boy is in critical condition at Primary Children’s Medical Center in Salt Lake.

TV tip-over accidents are more common than one might think. The Consuper Product Safety Commission estimates that at least 180 people were killed between 2000 and 2006 when furniture or TV toppled over them. In 2006 alone, there were 16,300 injuries to children under the age of six in tip-over accidents. In 2008, the CPSC published Instability and Tipover of Appliances, Furniture and Televisions: Estimated injuries and Reported Fatalities. The CPSC children often suffer catastrophic brain injuries or are suffocated in these accidents.

The CPSC recommends that TVs and furniture be secured to the wall to avoid tipover accidents as these accidents typically occur when children climb onto furniture or appliances or when a TV is perched on a piece of furniture that was not designed for it.

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We represent people who have been seriously injured in slip, trip and fall accidents and the family of those who have been killed.

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In Washington state, youth sports have received notice about traumatic brain injuries with the “Lystedt Concussion Law for Student Athletes.” The law, which is named after Zackery Lystedt, a middle school football player who returned to a football game after a concussion and suffered a serious brain injury, requires concussion training for those involved in student athletics and also requires a player be removed from a game if a concussion is suspected. In addition, the student athlete with a suspected concussion can not return to play until examined by a medical professional.

football_brain_injury.jpgNow, six former NFL football players and one active player are taking on the NFL with a potential class-action lawsuit claiming that the NFL did not treat players for concussions and for not divulging the association between football, concussions and traumatic brain injuries. In another lawsuit, 75 retired NFL players filed suit against the NFL and Riddell, the NFL’s official helmet supplier, saying the NFL knew that concussions were harmful but that they hid the knowledge from the players, coaches and trainers.

The Concussions Committee of the NFL generally denies that there is a connection between brain disease and concussions however a National Health survey shows an increase in symptoms of permanent brain injury in retried football players and this is attributed to concussion injuries.

The players say that they were instructed to “lead with their heads” and were not removed from play even after they suffered four, five or six concussions.

The players are seeking funds to provide both medical care including diagnostic screening tests and funds to care for players who are so severely injured that they are unable to work. They are also seeking a change in football with safer helmets and changes to “head-down” tackling practices.

Retired football players suffer from various brain injuries which they say are related to taking big hits during their football. One player complains of walking around in a fog. Other players suffer from pre-mature dementia and Traumatic Encephalopathy, a neurodegenerative disease with symptoms including dementia, memory problems, Parkinson-like symptoms, speech problems, unsteady gait and behavioral problems.

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We represent people who have suffered a serious traumatic brain injury from car accidents, bicycle accidents, sporting accidents or slip, trip and fall accidents. With our help, you may recover compensation for your damages.

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Concussion Resources

Super Bowl announcement to promote Zackery Lystedt brain project

What to look for in brain injuries
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The Seattle Post Intelligencer reports that a man was critically injured in a Seattle garbage truck accident on Monday afternoon around 1:20pm.

According to their report, the unidentified man was riding on the rear of the CleanScapes garbage truck when he fell off as the truck turned from 28th onto Galer in the Magnolia neighborhood.

The injured man was taken to Harborview Medical Center with a critical head injury.

It is unclear what made the man fall but speed or driver impairment were not factors in the on-the-job accident.

In accidents such as this where a person is injured while on-the-job, the injured party or his family are advised to contact an experienced workers’ compensation lawyer who can carefully examine the accident and identify any negligence. Any employee who has sustained an injury in the course of his or her employment has a potential workers’ compensation claim.

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We represent people who have suffered work-related injuries and the family of those who have died.
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The Bellevue Police Department in partnership with The Market Place @ Factoria, City of Bellevue, and Savvy Parents Safe Kids is hosting a free Child Safety Event which will also include a bicycle helmet giveaway and additional bicycle helmets sold at a low cost.

bellevue bicycle accident lawyerThe event is being held on Saturday Mary 14 between 11:00am to 3:00pm at the Market Place @ Factoria which is located at 4055 Factoria Mall SE in Bellevue.

In Washington state, there were 453 fatal bicycle accidents in 2009 according to the U.S. Department of Transportation. In 91% of the fatal accidents, the bicyclist was not wearing a helmet. Brain injuries are the leading reason for bicycle accident fatalities.

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We represent people who have been seriously injured in bicycle accidents and the family of those killed. With our help, you may recover compensation for your damages.

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2009 car accident statistics reveal 33,808 fatalities

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