Personal Injury

Are Concussions Considered a Traumatic Brain Injury?

November 2, 2018 No Comments

These days, there seems to be confusion surrounding the terms “concussion” and “traumatic brain injury.” Often, we hear about concussions that occur because of a car wreck, slip and fall or sports-related injury. A concussion is the most common type of traumatic brain injury. What’s the Difference? Concussions are quite common. It is reported that there are 3.8 million concussions occur in the U.S. annually. Even though concussions are a type of TBI, not all TBIs are concussions. The term TBI is used to describe the mechanics of an injury. Trauma indicates there has been in an injury to the brain by an outside source. A TBI can be characterized as mild, moderate or severe. A concussion is considered a mild TBI. But, when it comes to traumatic brain injuries the term “mild” can be misleading. A mild TBI can cause permanent, life-altering changes to the brain. This is why proper diagnosis and treatment is essential. Proper treatment may be the difference between having an injury that resolves after a few weeks or months, or one that is permanent. Concussions are challenging to diagnose. The most common way a concussion occurs is when the victim experiences a blow to the head or rapid acceleration or deceleration of the head (for ex. shaken baby syndrome or an auto collision). The head trauma may or may not be followed by a brief loss of consciousness. There are countless ways in which these injuries can arise. This is why it is so important to have a physician evaluate your symptoms. Common symptoms can include: Any loss of consciousness; Confusion; Changes in vision; Changes in time perception; Memory loss; Nausea and/or vomiting; Drowsiness; Headache; Difficulty sleeping; Mood or behavior changes. If you have been injured, it is important to be checked out by a physician. Keep in mind that a concussion can occur in ways you wouldn’t otherwise expect, for example, in the case of whiplash. While a whiplash victim may not have necessarily received a blow to the head, a concussion could still be possible from the rapid acceleration and deceleration of the head. It is also important to note that even when you are checked out by a doctor, a concussion can be difficult to diagnose. You may have a concussion even though you didn’t lose consciousness. Or the concussion may not be readily apparent from a CT scan. It is important however to go through these steps to ensure that you receive the appropriate treatment. If the injury is a concussion, in many cases, the injury will heal within a few months to a few years. It is important to note however, that in some cases, a concussion can cause long- lasting or even permanent problems. If you have been in a wreck and have suffered a head injury, get medical attention right away. Then, call us for guidance. If your injury was caused by the negligence of another party we may be able to help you obtain reimbursement for your medical costs, harms, losses, and lost wages.

A Change of Weather Poses Increased Driving Risks

October 17, 2018 No Comments

The kids are back in school, and summer is behind us. There may be a little chill in the air, and people are getting ready for apple cider, sweaters, pumpkin pie and all the fun that this time of year brings. It is important to keep in mind that as the weather changes, so do our driving risks. The truth is, a change in weather directly affects driving safety. This is particularly true between Fall and early Spring. Statistics report that in the U.S., there are approximately 5,748,000 car accidents per year. Out of these 1,259,000 are caused by weather conditions. Any type of adverse weather condition can affect your normal driving. Conditions such as rain, fog, ice and snow can limit visibility as well as change the way your car will react. Experts say that the common denominator in these accidents is that people drive too fast for the current road conditions they are experiencing. Some drivers don’t realize that the posted speed limit is only for optimal driving conditions. If the roads are wet or there is ice on the road, it is important to drive defensively and to reduce your speed accordingly. The law requires you to drive at a speed that is safe for the current driving conditions. Being armed with this knowledge is important. Here are some additional safety tips to keep you and your family safe: Never warm up your vehicle in an enclosed space. Make sure your tires are in good condition and properly inflated. Don’t use cruise control when driving on wet or slippery roads. Before heading out, check current weather reports. Always drive with at least a half tank of gas. Be mindful of driving through fallen leaves, which can be as slippery as ice. Slow down over shady spots because black ice may be present. Watch for animals on the road. Some animals (such as deer), become more active in the fall. If you are driving in foggy conditions, use your low beam lights. High beams will reduce your vision. The first 10 minutes of rainfall is the most dangerous, due to accumulated oil on the road. Reduce your speed accordingly. Be aware that your stopping time will be longer on wet or slippery roads. Allow more time to come to a complete stop. With the change of seasons, it’s always a good idea to get your car checked out thoroughly. Check your window wiper blades, brakes and tires. Make sure your headlights and signal lights are in proper working order as well. Have an emergency kit ready should you get stranded on the side of the road. Should you suffer an accident due the negligence of another, please come and speak to us. Know that if your accident was caused by negligence, you have a right to be compensated for your medical expenses, lost wages and pain and suffering. It is important to not delay. The earlier we speak to you the earlier we can begin gathering evidence and creating an action plan for you.

It’s Time to Prepare for Winter Driving Hazards

October 16, 2018 No Comments

We are well into the fall season and while it may seem a bit early, it’s a great time to prepare yourself and your family for winter driving hazards. This is particularly true if you have a young driver in your family, or a new driver who’s never driven in winter weather. Take a few minutes to review these hazards with your family and discuss a plan to remain safe on the roads this winter. 1. Loss of traction in snow. If there’s snow on the roads, your vehicle will have less traction between the tires and the road surface. This is important to keep in mind while on the road but also while in your own driveway. Even pulling out of the driveway or parking space can be dangerous and lead to a crash if you don’t take extra precautions to compensate for the lack of traction. One way to compensate for this is to move your car back and forth a few times before parking. When attempting to move your vehicle again, clear a few feet of snow in front and behind. Packing down the snow under the vehicle and clearing the snow, can make it easier to gain the initial traction necessary to get your vehicle moving. Remind your loved ones to also keep a light foot on the accelerator to gain traction. Spinning the wheels is not always a good idea because it can cause the tires to create a rut that fills with ice and slush. You’ll also want to leave extra time and space for braking on slippery surfaces since tire traction is an important factor in being able to bring your vehicle to a stop. Many drivers operate four-wheel drive or all-wheel drive vehicles because they seem more sure-footed in the snow. It’s important to remember that these cars can create an illusion of safety. They are just as difficult to stop on a slippery road as a two-wheel drive vehicle. 2. Slides and Spins. Realizing that your vehicle is sliding or going into a spin is a scary feeling. Again, this is due to a loss of traction between your tires and the road surface. The best way to prevent a slide or spin is to slow down. However, if you find yourself in a spin or slide, there are three important things to remember – Take your foot off the accelerator; Don’t slam on the brakes; Gently steer into the direction you want the vehicle to go. Taking your foot off of the gas pedal helps stop the drive wheels from spinning and losing traction. Do not slam on your brakes because allowing the tires to turn freely will help regain traction. The current advice from AAA and others is that you should gently turn the steering wheel into the direction you want the vehicle to go. As you regain control of the vehicle, you can begin gently applying the brakes. Remember – don’t panic and don’t over correct. 3. Reduced visibility. Along with winter weather comes reduced visibility. When the visibility is poor you should allow yourself extra time and space to react to the road conditions and to other drivers. And remember, if the driving conditions make it more difficult for you to see, this also means it’s more difficult for other people to see you. Keep these things in mind and allow yourself more time to react. 4. Jackknifing. If you’ve ever seen a tractor trailer jackknifing, you know how dangerous it can be. It’s dangerous for the truck drivers, but also for the drivers around them. Jackknifing occurs when the truck driver applies the brakes and the trailer continues move in the direction of travel, but at an angle. This includes situations in which the trailer swings out into another lane or swings around at more severe angles. Keep in mind that poor weather conditions mean reduced visibility, poor traction, and delayed reaction times for all drivers and vehicle types. However, a tractor trailer can begin jackknifing in as few as 1.5 seconds – meaning, you need to be able to react very quickly to avoid being hit by the trailer, tractor, or both. Therefore, use caution and leave plenty of room when driving near tractor trailers to avoid becoming a victim of a jackknifing incident. Now that we’ve reviewed some of the major dangers of driving in winter weather, keep these tips handy to encourage safe winter driving. Apply just enough accelerator to get your vehicle moving. Slow down and maintain control of your speed. You may need to drive under the speed limit to remain safe in certain conditions. Avoid sudden turns to prevent slides and spins. Brake gently to avoid skids. Signal stops and changes in direction well in advance to give other drivers plenty of time to react. Don’t tailgate. We hope these tips help keep your family safe during winter driving. If you do face an injury from a vehicle crash, give us a call for a consultation. We’ll walk you through your options.

Winter In Kansas and Missouri Means More Slip and Fall Accidents

September 24, 2018 No Comments

Here’s What You Can Do If You Fall The weather in Kansas and Missouri is notoriously unpredictable, especially in winter. The morning may be clear and sunny, but by lunchtime there can be snow and ice. Welcome to slip and fall conditions. Here’s a look at the risks: Snow on sidewalks may not get cleared for days. Sidewalks and parking lots remain icy. City crosswalks and municipal sidewalks are covered in ice, or worse, black ice. Retail stores and businesses fail to apply salt to icy and snow-laden areas. Pedestrians are hit with melting icicles and snow from roofs and roof overhangs. Snow melts then refreezes on streets and sidewalks. Snowplow accidents are common. Every winter these conditions lead to serious falls. Certain people are especially vulnerable to icy conditions such as the elderly, pregnant women, the injured and the disabled. Kansas and Missouri Law Regarding Property Owner Responsibilities Kansas and Missouri law requires a property owner to remove snow and ice within a reasonable amount of time and to do so in a reasonable way. There are two aspects to this. First and foremost, if the property owner is aware of the snow and ice, he is responsible to remove it. The law also provides that a property owner is responsible to remove the snow and ice if he or she should have known about it. Second, the property owner must remove the snow and ice in a way that doesn’t create new hazards. For example, piling snow or ice near a sidewalk can create dangerous conditions for pedestrians as the snow melts and refreezes. In both scenarios, the property owner can be held responsible for injuries. Compensation You can be compensated for lost wages, future wage losses, pain and suffering, and medical expenses related to an injury you suffer on snow or ice that was not properly cleared. Types of Injuries Covered Neck and back Strains, sprains, fractures, and broken bones Head injuries and concussions Hand and arm injuries Ankle, foot and leg injuries Arm and hand injuries Bruise and scars Spinal cord injuries Emotional and psychological injuries What To Do If You’ve Have An Accident Call for medical help. Inform the property owner of the accident. Take photographs of the accident scene. This is especially important with snow and ice falls. Weather conditions can quickly change and rapidly alter the scene of the accident. Without photos, it might be impossible to prove liability. Take photographs of your injuries, clothing and anything else that could be relevant. Ask for witness accounts. Be sure to get their names and contact information. Contact a legal team. Statutes of Limitations Don’t delay. Kansas and Missouri have strict statutes of limitations for personal injury claims. Call us before you contact your insurance company or the property owner. We’ll make sure your rights are protected and we’ll do everything we can to make sure you are compensated fairly.

Do I Have a Spinal Cord Injury Case?

September 14, 2018 No Comments

Current statistics report that approximately 250,000 spinal cord injuries occur every year. Because the spinal cord contains bundles of nerves that run from your brain to the rest of your body, any injury to the spinal cord is very serious. A spinal cord injury occurs when any part of the spinal cord or connected nerves are damaged. Depending on the location and the severity of the spinal cord damage a variety of different symptoms may occur. These symptoms can include limitations on your ability to move, loss of feeling or pain in your arms and/or legs, loss of control or loss of function in the bowels or bladder, or even loss of the ability to breathe or swallow. Spinal Cord Lawsuits Spinal cord injuries can happen in many ways, but most spinal cord injury lawsuits are based on legal claims of product defect (product liability) or negligence. Negligence: In a negligence case, it must be shown that your injury was caused by the carelessness or recklessness of another party. This could also include their failure to act. An example of negligence would be a driver speeding through an intersection, running a red light, and hitting your car. In this case your injury would be caused by the negligent actions of the driver. Product Liability: With a product liability claim, an injury occurs because of a flaw in design or manufacture of a product. An example of this would be if you were driving and your brakes failed, and you hit another car. Your accident was caused due to faulty brakes, so the car manufacturer could be held responsible. Causes of Spinal Injuries Car Accidents: Statistics report that up to 39% of all spinal injuries are caused by car accidents. Usually, these accidents are caused by the negligence of another driver. Slip and Fall Accidents: While some slip and fall accidents are relatively minor, others can cause very serious injuries. Surprisingly, slip and fall accidents account for 29% of all spinal cord injuries. If the fall was caused by a wet floor, loose step or uneven carpet for instance, you could be entitled to compensation from the property owner. Sports Injuries: 8% of spinal cord injuries are caused by sporting accidents, most commonly diving. It can be difficult to prove liability in these types of accidents. The defense will often argue that the injured person assumed the risk of the activity. If your injury occurred due to a sports injury, it is important to speak to a lawyer from our office for guidance as soon as possible. Violent Acts: Violent acts account for 13% of all spinal injuries. These are most often caused by gunshots and knife wounds. Criminal acts are typically viewed as intentional conduct. From a practical standpoint, this means it may be relatively easy to prove that the wrongdoer is responsible, but it may be more difficult to recover compensation because most insurance policies will not provide coverage for intentional criminal conduct. Medical Malpractice: Medical mistakes are to blame for 5% of spinal cord injuries. If your doctor didn’t exercise a reasonable standard of care during your treatment, you could have a cause of action for medical malpractice. It is important to note that every case is unique. If you or a loved one has sustained a spinal cord injury, it is important to contact us for guidance. We are here to help. If your injury was caused due to the negligent or intentional acts of another, you could be entitled to reimbursement for your medical expenses, missed time from work and pain and suffering. Contact our office to learn more.

5 Tips for Communicating with Someone Who Has Suffered a Traumatic Brain Injury (TBI)

August 8, 2018 No Comments

Traumatic brain injuries are just that: traumatic. These injuries can have a profound impact on not only the victim, but also the victim’s loved ones. Many of our clients’ lives have been affected by traumatic injuries to the brain. As a result, we understand, and are sensitive to, how these injuries can temporarily or permanently change an individual’s cognitive- communication and motor skills. In case you have a friend or loved one who has suffered a traumatic brain injury, we would like to offer these tips to make communicating more comfortable and effective for everyone. In addition to the tips below, remember to be patient, listen, and treat the person with dignity and respect. 1. Move to a quiet location. Traumatic brain injuries can cause people to have difficulty concentrating and organizing their thoughts, particularly if they are in crowded, noisy, or chaotic areas. If you’re at a party, a mall or another location whether there are many distractions, find a quieter, private location to have a conversation. 2. Don’t get frustrated. You may have to repeat yourself multiple times. You may have to communicate the same message both orally and in writing. Remember, it’s not that the person is not listening to you – a brain injury can cause deficits with short term memory. Be patient and be prepared to repeat yourself. 3. Listen. This may be obvious, but for many people it’s not a common practice. Don’t get caught up in “over-assisting” the individual. Listen to their needs and take the time to actually understand what they are communicating. Don’t try to guess at their needs – that includes not interrupting the person – let them tell you what they need or want. 4. Wait for help to be accepted. If you have offered to help someone, don’t assume the answer is yes. Wait until the person has accepted the offer for assistance. Failing to wait for acceptance can come across as patronizing and demeaning. Remember, the effects of brain injuries vary. Those with brain injuries will be able to do many things on their own – don’t make assumptions about their capabilities. 5. Relax. It’s natural to feel nervous about saying or doing the wrong thing. Simply remember to relax, listen, and treat the person with dignity and respect. We know that it can be difficult to recover from a traumatic brain injury. Those who are recovering need the love and support of their family and friends. Be patient through the process and remember to show them that they are loved, respected and supported. Consider sharing these tips with other family members and friends who may be struggling to communicate with a loved one who is recovering from a traumatic brain injury.