Back Injured in a Car Crash?

Whiplash is among the most common types of back injuries caused by car accidents. Whiplash-associated disorders (WAD) are a range of injuries to the neck and back caused by a sudden jerking movement of the head. There are more than one million car accident back injuries reported every year. About 10% of such injuries lead to long-term disability.

What are the Causes of Whiplash Injury?

Whiplash injuries are mostly caused by a sudden and violent impact on the neck and/or the head. Such injuries are most common in rear-end collisions. The unexpected impact may cause the victim’s head to jerk forward and then backward. Ligaments in the neck area can stretch and even tear by the sudden movement. The victim may suffer major damage along the spine. Chances of injury are high if the neck muscles are relaxed, irrespective of whether the vehicle was moving fast or slow.

Whiplash Injury: What Damage can it Cause?

A whiplash injury can cause serious damage to:

• Joints
• Discs
• Muscles
• Nerves
• Ligaments
• Spinal cord

What are the Symptoms of Whiplash Injury?

Whiplash injury and its after effects may not be seen immediately. However, the early symptoms may be:

• Pain or stiffness in the neck and back
• Aching shoulders
• Sensory disturbance to the arms and legs
• Recurrent headaches
• Pain in spinal areas
• Back sprain
• Night time muscle spasms
• Sexual disorder
• Loss of bladder control
• Soreness of muscles
• Bowel dysfunction

What Should a Victim do?

Immediately after an accident, one should:

• Apply ice – Ice therapy involves wrapped ice in a towel and pressing it gently against the impacted area for about 20 minutes.
• Find a well informed and specialist lawyer – Compensation can vary between $50 and $500,000.
• Consult a good doctor – Do not compromise on the medical help you seek. The doctor may recommend stretching exercises.

A victim may take weeks, months or even years to recover, depending upon the extent of damage. If the accident was caused by another party, one should not delay in consulting a back injury lawyer who can help with claiming compensation. Liable parties may be asked to compensate for medical expenses, the loss of income and/or earning potential and mental suffering.

Labels: Whiplash injuries,back injury lawyer,Whiplash,car accidents,Whiplash-associated disorders

Personal Injury Claims and Negligence of Truck Drivers

On July, 8^, 2009, newspapers in Billings reported an accident that took place resulting in a person’s death and another is reported to be in critical condition and hospitalized at St. Vincent HealthCare. A semi truck hit a two-person motorcycle, killing the passenger instantly and seriously injuring the driver. The two victims were in their late fifties. The two vehicles were heading westbound but the accident happened in the eastbound lane.

Driving Errors by Truck drivers

Like most drivers on the road, truckers too make driving errors, but their errors in judgment can lead to devastating, life-threatening results. Think about the news report that is mentioned above. A person died and the other person is in critical condition.

A few reasons why truck drivers are careless:

• They drive too many hours and pay little or no attention to federal or state regulations;
• Driver fatigue while driving across Montana’s highways or interstate; or
• Intoxication due to alcohol or drugs.

In some cases, a truck related accident arises out of the lack of proper supervision of trucking companies. There could be cases where a truck company let a defective truck function on the road despite, for example, inadequate lighting. Many times, trucking companies hire drivers without screening them properly or checking whether the drivers are well trained in adhering to safety procedures.

Personal Injury Claims for Negligence of Truck Drivers

For victims, it is important to establish the liability of the driver or the commercial trucking company that employed him. What is more critical is to have a prompt investigation so that you can find the evidence that will help you prove your case.

To maximize recovery for the personal injuries suffered by a victim, it is important to hire an attorney with a proven track record. The attorney should be well experienced in such cases and thereby competent to examine all the aspects of your case.

Contact an attorney who is known to secure the best results for clients who have been injured in major truck and commercial vehicle accidents. Claim your rights and pursue the compensation you deserve.

Labels: Negligence of Truck Drivers, Claim your rights, Driving Errors ,Personal Injury Claim, truck related accident

Freak accident: How Should One Handle It?

Freak accident: How Should One Handle It?

Automobile accidents are almost becoming common today, with the number of accidents in the US increasing in leaps and bounds each year. Thousands die or are injured in car accidents each year and such accidents are certainly a cause for both civil and criminal liability for the driver.

Take the case of the freak accident on South Frontage Road, Billings, where three people were seriously injured. A small car collided with an SUV while heading west. The driver of the car, 18-year-old Jessica Umphrey, along with 19-year-old Matthew Nygard and an unnamed 8-year-old girl were rushed to the hospital. The accident happened when the car took a left hand turn near Zoo Drive and rammed into the oncoming vehicle, the driver of the SUV was unhurt.

What to do first?

So what should one do in such cases? Here are some steps to follow:

1. Write down the name, address and license number of the other driver involved in the accident.
2. Call the police.
3. Check your insurance policy status.
4. Gather documents/photographs of the scene.
5. Immediately get in touch with a car insurance lawyer.
6. Rush to the nearest hospital or get first aid.
7. Gather evidence in the form of medical reports.

Will I be compensated?

Accidents, regardless of whether they are big or small, and injuries, major or minor, you have the right to receive compensation. In a personal injury claim, the plaintiff will be compensated due to damage caused by the other party’s negligence. Claims can be filed against uninsured drivers, vehicle damage, medical expenses or injuries.

The case will be based on a circumstantial situation after examining the nature of the accident. For instance, whether the accident involved a roll over, side collision, rear end collision or a head-on collision needs to be ascertained.

A case can be presented to the insurance company, backed by ground evidence and substantial medical information to build the case. If caught driving without insurance, the fine can be up to $500 and/or 10 days in jail. Getting in touch with an attorney will make the claimant compensation process easier.

What does it cost?

The minimum auto insurance policy requirements for the state of Montana are as follows:

* $25,000 for bodily injury liability for each person
* $50,000 for bodily injury liability per accident
* $10,000 for property damage liability

Accidents and their after affects can be really stressful in terms of the financial and mental ordeal one goes through. Drive safe, but in case of an unfortunate event, an attorney’s help can accelerate your cleanup and repair process and also help you claim your rights.

Bicyclist killed by hit-and-run driver

Date:  June 29, 2009

Location:  Seeley Lake

Type:  Bicycle accident

Rodney Jacob Louden, 18 died from serious head-trauma after he was hit by a large truck while riding his bicycle.  Two separate bicyclists were heading northbound on Hwy 83 near Seeley Lake when they found Louden in a ditch on the opposite side of the road.  Authorities state that they do not know when the accident happened, but believe that Louden had been there for quite some time.

The man who hit Louden with his truck has come forward and his truck has been impounded

Couple passes away in a motorcycle/vehicle collision.

Date: June 26, 2009

Location: Helena

Type: Motorcycle Accident

Karl Robert and Charmon Rene Pentecost died after the motorcycle they were riding collided head-on with Travis Fuqua’s truck.  According to authorities, Fuqua was attempting to make a left turn and did not see the motorcycle coming in the opposite direction.

Alcohol was a factor in the collision and Fuqua faces two counts of vehicle homicide.

Woman dies in one-vehicle rollover

Date:  June 27, 2009
Location:

Type:  Car Accident

Michelle Cheri Siderius, 50, failed to negotiate a curve in the road and rolled her minivan three times down a steep embankment and into a creek.  Siderius was not wearing a seatbelt and was thrown from the vehicle.  Siderius’s husband, Curtis Shutts was a passenger in the vehicle and was wearing a seat belt and suffered minor injuries.

Six people sent to hospital after two-vehicle crash.

Date:  June 29, 2009

Type:  Car Accident

A woman driving a Suburban traveling east on I-90 drifted to the right side of the right lane, when she realized she was going off the road, she overcorrected and hit a car that was passing her.  Both of the drivers lost control of their vehicles.  The Suburban rolled into the median and the sedan crossed two lanes of traffic and ended up on the opposite side of the interstate.  The people in the sedan were uninjured and there was only minor damage to their car.

The suburban was carrying 4 children and 2 women, all of which were sent to the hospital.  All occupants of both vehicles were wearing their seatbelts.

Man dies in ATV accident

Date:  June 29, 2009

Location: Lincoln

Type: ATV Accident

Raymond Board, 51, was riding his ATV with he tried to turn the vehicle and he lost control and rolled it.  Board was not wearing a helmet, he was pronounced dead at the scene.

Authorities say speed was a factor but are unsure if drugs or alcohol were a factor.

Spiraling Medical Expenses and Evasive Insurance Companies

Skyrocketing health costs and the ongoing economic slump have impacted the common man, particularly in dealing with unexpected situations like a chronic illness or an accident.

A 2009 study supported by the Robert Wood Johnson Foundation reveals that spiraling medical expenses are one of the major reasons for over 60 percent of most personal bankruptcy filings. This tragic truth is predicted to worsen further, as even top American economists forecast an increase in plant closures, salary cuts and layoffs during this period of recession.

Medical Care and Cost

Healthcare, as we all know, is very expensive and if you are not insured, then a serious illness or an injury can cost you close to a staggering sum of $27,000 (in average). This further includes uncovered or out-of-pocket medical expenses such as:

* Prescription medication
* Deductibles
* Uncovered payments
* Co- payments

An unfortunate fact of life is that some insurers may not follow good faith when evaluating claims of those who are struggling with a serious illness or an injury. There are insurance companies that choose to delay, deny or evade compensation simply to protect bottom lines. They may choose to refuse coverage for essential medical testing or treatments.

In such situations, it becomes vital to seek an attorney’s help to safeguard the claimant’s rights and interests.

Possible Tactics

Some tactics that an insurance company can do or are already doing:

* Deny claims or reimbursement
* Refuse coverage for compulsory medical testing and/or treatments
* Offer alternatives like cheap coverage and less-effective formulas
* Encourage patients to delay their medical treatment
* Elude paying additional damages such as lost wages, pain and suffering compensation

Legal Solutions

Highly knowledgeable, experienced lawyers would be able to accomplish the following:

* Formulate the right strategies to deal with evasive insurance companies.
* Represent you legally and speed up legal procedures to ensure that you get justice.
* Re-invigorate the insurance company’s responses towards legitimate claims filed by patients or victims of accidents.

Numerous insurance companies make up unbelievable stories to deny medical claims or refuse coverage. Prove your case by consulting with a well known attorney who has a proven track record in such cases. Protect yourself at once from being victimized or wrongly denied your rights by a few unscrupulous insurance companies.

Labels: Medical Malpractices, spiraling medical expenses, personal bankruptcy, uncovered payments, deny compensation

Emotional Injuries and Compensation

We know that victims of physical injuries are entitled to compensation but how many people know that this also applies to those who suffer from emotional injuries as well?

Emotional injuries entitle victims to be duly compensated. This is because emotional injuries are known to cause devastating financial loss and considerable suffering. Emotional injuries, when caused by the actions of others, entitle victims to seek compensation at once.

Causes for Emotional Injuries

A few common causes for emotional injuries are:

* defamation
* slander
* libel
* abuse
* neglect
* stress due to specific events that occurred beyond one’s sphere of influence or control.

Symptoms of Emotional Injuries

The following are some of the symptoms associated with emotional injuries:

* Disturbed mental state or emotions
* Social skills that become impaired
* A feeling of loss of social acceptability or status
* Decrease in work productivity
* Lack of confidence and a general inability to fulfill simple chores or obligations

Emotional distress is also an important symptom that is associated with emotional injuries. It comprises several components as listed below:

* grief
* mental agony
* fear
* depression
* physical pain
* humiliation
* embarrassment

Landmark Cases on Emotional Injuries

In Dawson v. Dillon, the Montana court followed the famous California case, Dillon v. Legg. Further, the court adopted the following three factors:

* The shock must be caused from a direct emotional impact of the plaintiff than due to knowing about its occurrence from others afterward.
* The victim and the plaintiff must be closely related and not distantly related.
* The victim suffered serious physical injury or death due to the defendant’s negligence.

To make a successful claim, it has to be proved that the defendant was negligent. To prove the extent to which you suffered emotional injuries and claim compensation, consult with an attorney who specializes in securing compensation for victims of personal and emotional injury cases.

Labels: Personal injury attorney, Emotional injury cases, defamation, personal injury compensation, Emotional distress cases