Catastrophic Injury 

Catastrophic Injury

A catastrophic injury is one that happens suddenly, without warning, and leaves its victims with long-term injuries that permanently prevent them from performing gainful work. Catastrophic injuries usually occur in the form of physical harm to the brain or spinal cord, which has severe long-term effects on an individual’s ability to function. However, there are many other common catastrophic injuries. As long as the injury results in a permanent and debilitating injury or deformity, it is typically considered a catastrophic injury.

Common Types of Catastrophic Injury 

Neck & Spinal Cord The most common types of catastrophic injuries are neck and spinal cord injuries. These typically occur from falls, car accidents, or trampoline accidents. Neck and spinal cord injuries are often debilitating and can result in paraplegia or quadriplegia. Victims of these injuries often require lifelong medical care and rehabilitation and also suffer severe emotional trauma from their injuries, such as posttraumatic stress disorder, anxiety, and depression.

Burns Another common type of catastrophic injury is a burn injury. Severe burn injuries nearly always leave victims permanently disfigured and scarred. They also leave their victims with chronic pain and nerve damage. These injuries also require several months or years and multiple surgeries to fully heal. Victims will likely also need skin grafts, plastic surgery, and rehabilitation.

Internal Catastrophic injury also often occurs in the form of internal injuries, particularly from a car accident or other vehicular accident. These types of accidents can result in severe damage to the internal organs and even internal bleeding. Treatment for internal injuries requires months of hospital visits, prolonged hospital stays, and multiple surgeries. Internal injuries might also result in permanent disability. 

Other common forms of catastrophic injury include: 

  • Skull fractures 
  • Amputations 
  • Multiple bone fractures 
  • Chronic illness 
  • Birth injuries

Common Causes of Catastrophic Injuries 

Some of the most common causes of catastrophic injuries include but are not limited to: 

  • Car accidents 
  • Falls from high surfaces 
  • Sports injuries
  • Defective medical devices
  • Construction accidents 
  • Fires and explosions 
  • Intentional acts of violence

Catastrophic Injury Lawsuits 

Victims of catastrophic injuries may file a lawsuit to receive compensation for their injuries and many victims rely on a good personal injury lawyer such as the ones on the team at the law office of Eglet Adams. Victims are often entitled to receive compensation for their medical expenses, including surgery, rehabilitation, medications, and medical devices. 

Many people who are catastrophically injured, such as many brain and spinal cord injury victims, will usually need long-term care, medication, and the assistance of medical devices. Victims of catastrophic injuries are often entitled to receive compensation for any lost wages they incurred, including potential future earnings if their injury will forever prevent them from doing the same job as the kind they had prior to their injury. 

Catastrophic injury victims may be entitled to receive compensation for emotional damage they suffered as a result of their injury. When they prevail, the plaintiff’s damages in a catastrophic injury lawsuit are often substantial. If a plaintiff is found to be partially at fault for causing the accident, the plaintiff’s damages will be reduced by any percentage they were partially or comparatively at fault for.

When choosing an attorney to represent you in a catastrophic injury lawsuit, it is important to look for one with significant trial experience. Even if the case doesn’t go to trial, an attorney with extensive trial experience will have more leverage when negotiating with the defense attorney in the case. 

Nursing Home Injury Lawyer NJ

Resident-on-Resident Nursing Home Abuse

There are many stories covered by the media that details horrific crimes against elderly nursing home residents. These stories detail how nursing home staff physically, emotionally, sexually, or financially abuse or neglect those very victims they are entrusted to care for. While all of these stories have helped to keep this issue in the forefront, resulting in laws being passed and lawsuits on behalf of abused and neglected victims and their families, a nursing home injury lawyer knows that there is another type of abuse that rarely gets reported in the media and that’s resident-on-resident abuse.

How Common Is Resident-on-Resident Abuse?

This type of abuse is more prevalent than many people realize. According to one study conducted by Cornell University, approximately 20 percent of nursing home residents were victims of aggressive or negative interactions with other residents in a one-month period.

Some of the types of incidents residents experienced included:

  • Inappropriate invasion of privacy
  • Inappropriate sexual behavior
  • Physical abuse
  • Verbal abuse

In most cases, the resident who is the abuser is typically able to walk but suffers from some kind of cognitive disability, such as dementia or other disorder that causes physical or verbal aggressive behaviors.

The study also found that in most cases, even if the bad behavior was witnessed by a nursing home staff member or the victim told the nursing home staff member about the incident, the staff member never took steps to report or stop the incident.

The most common behaviors of abuse cited by the researchers observing nursing home residents included:

  • Attempting to gain sexual favors, exposing genitals, inappropriate touching of other residents, or other sexual incidents
  • Biting, hitting, kicking, or other physical incidents
  • Cursing, screaming, yelling, or other verbal incidents
  • A resident entering another resident’s room without permission and going through their belongings

Protecting Residents from Abuse

There were several steps that nursing homes can take to protect residents from abuse, not just from nursing home staff but also from other residents. These steps include:

  • Facilities should come up with a comprehensive care plan which outlines individualized resident care
  • Facilities should identify the residents who are at risk of abusing and develop a care plan to monitor their movements
  • Facilities should identify the causes of the abusive behavior and address those causes, as well as the behaviors
  • Facilities should make sure there is enough staff to oversee the number of residents
  • Facilities should ensure that all staff members are trained to recognize and stop abusive behavior on the part of residents
  • Facilities should identify what environmental influences trigger abusive behaviors and take the steps to change or eliminate those influences

Contact a Nursing Home Lawyer for Legal Assistance

If you suspect your elderly loved one is being abused or neglected, please call an experienced attorney, like a nursing home injury lawyer  from a law firm like Davis & Brusca, LLC.

 

Car Accident Lawyer Brightwood IN

Injured Passenger in a Car Accident

Whenever you get into a car that someone else is driving, you are essentially putting your life into their hands, though it may not feel like it at the time. Whether you are going to the mall with a friend, a doctor’s appointment with a family member, or on a family road trip, it is important to understand that the person who is driving has a duty of care to drive responsibly on the road. The same goes for anyone else who is behind the wheel on the road. However, when the person who is driving (or someone else on the road) is not taking care to drive safely, it can feel extremely scary to get into a car accident. In this situation especially, things can feel entirely outside of your control. 

What should I know after I have been in a car accident when I was the passenger? 

When you were the passenger, there are certain things you should know that will be different than if you were the driver in the car accident. 

  • Filing a personal injury claim against the other driver. When you were injured by another driver, you may be interested in filing a personal injury claim against them. As a lawyer, like a car accident lawyer from a law firm like Ward & Ward Law Firm understands, similar to the driver of your car, if you believe that a third party was responsible for your accident, it is a good idea to move forward with filing a personal injury claim against the other driver. 
  • Filing a personal injury claim against your driver. If you were in the car and believe that the person driving the car you were in was responsible for the accident, you can file a third-party insurance claim with their insurance. One of the exceptions to this rule is if you are related to the person you were in the car accident with and are under the same insurance policy. You will not be able to pursue a claim against your own insurance. 

It can be scary to think that you need to file an insurance claim against someone else when you were injured as a passenger in a car accident. Truthfully, it can be downright confusing to be unsure of how to pursue a claim. However, one of the best things you can do after a car accident when you were a passenger is to reach out to a local law firm. A lawyer will be able to help you determine the best avenue for pursuing compensation after an accident. For more information on what steps you should take as an injured passenger after a car accident, reach out to your local law firm for more information today.

Top 7 Things You Need To Know If Injured On Someone Else’s Property

If you are injured on someone else’s property, you may be able to file a lawsuit against the property owner. Laws vary from state to state, so it is important to speak to a Memphis personal injury lawyer from Patterson Bray PLLC to learn what your options are. If you have been injured on someone else’s property, here are the top seven things you need to know:

1. You Must Show That the Negligent Party Owed You a Duty of Care

Tennessee law requires that you prove the negligent party’s carelessness caused your injury. To do this, you must show that the person or business had a duty to care for your safety. An experienced Memphis personal injury lawyer can help you get the compensation you deserve for your injuries and losses.

2. The Negligent Party Must-Have Breached That Duty of Care

Once you establish that the other party owed you a duty of care, you must prove they breached their duty in some way. The most common breach is when someone fails to take reasonable steps to prevent another from becoming injured on their property. A Memphis personal injury lawyer can work with you to determine who is at fault for your injuries and negotiate a settlement on your behalf.

3. Your Injury Was Caused by That Breach

After establishing that the other party breached a duty of care, you must show that their negligence caused your injury. This can be difficult when multiple parties are involved in an accident, but it is essential for proving liability.

4. You Suffered Real Damages as a Result of Your Injuries

Not only must your injury have been caused by another’s breach of duty, but it must have resulted in real damages (financial or otherwise). Otherwise, there is no reason to file a claim and seek compensation.

5. Whether the owner or possessor was negligent

In order to recover damages for a slip and fall or trip and fall accident, you will generally have to show that the owner or possessor of the property was negligent. In other words, you will need to show that he or she failed to use reasonable care under the circumstances in maintaining his or her property.

6. Whether your own negligence contributed to your injury

Tennessee follows a “comparative fault” rule in slip and fall cases, meaning that if you were also negligent in some way — such as by not watching where you were going — then your recovery may be reduced by an amount equal to your percentage of fault for the accident.

7. The timing of your injury report

If a business employee causes you harm (by an act such as mopping up a spill without posting any warning signs), then it is important that you report this act as soon as possible so that it can be documented and investigated immediately while there is still evidence available (such as security camera footage).

In most cases, you have one year from the time of the accident to file a lawsuit for your injuries, so talk to an experienced Memphis personal injury lawyer before accepting a settlement from liability insurance companies. Contact our helpful and knowledgeable Memphis injury lawyers from Patterson Bray PLLC today!

When Should I Speak With A Personal Injury Attorney?

If you have recently lost a loved one or been injured as a result of another’s conduct, you may benefit from speaking with an experienced personal injury attorney at Patterson Bray PLLC. Depending on the “ins and outs” of your situation, you may be entitled to significant compensation. You won’t know for sure, either way, until your case is assessed by an experienced local lawyer.

Memphis Personal Injury Lawyer

Personal injury is the area of U.S. law concerned with those who have been physically and financially harmed as a result of another’s intentionally hurtful, reckless, or negligent conduct. Even if you were partially to blame for your injurious circumstances, you may still be entitled to significant compensation from insurers and/or others who may be held legally and financially liable for the harm that you have suffered. Speaking with an attorney is the best way to gain clarity and perspective about your rights and legal options in the wake of sustaining an injury or losing a loved one due to another’s actions or inactions.

When Should I Speak With a Personal Injury Attorney?

Essentially, you should speak with a personal injury attorney if you’ve recently been injured or you have lost a loved one and you have questions about your legal rights and options. Also, if you’re unsure of whether or not you have grounds upon which to file an insurance claim, a workers’ compensation claim, and/or a personal injury lawsuit, it’s time to speak with an experienced Memphis personal injury lawyer.

It is important to understand that speaking with an attorney in a risk-free consultation setting doesn’t mean that you’ll have to act on any legal option available to you. It also doesn’t mean that you’ll need to retain the services of an attorney moving forward. Legal consultations—much like medical consultations—exist so that you can ask questions, voice concerns, and get a better sense of what your options are. Once you’ve received an objective legal analysis concerning your situation, you’ll be able to make informed choices about whether to act on any opportunities available to you or to move forward without initiating any legal action in the wake of the harm you have suffered.

Reputable and decent attorneys aren’t in the business of “selling” their services. They are in the business of providing legal support and guidance to those who need it. Therefore, if you connect with our team, you won’t be pressured into taking action. You’ll simply be advised of what your rights and options are in objective, informed ways.

Legal Assistance Is Available

If you haven’t yet scheduled a risk-free consultation with the experienced Tennessee legal team at Patterson Bray PLLC, please connect with us online or over the phone. We take a great deal of pride in representing the interests of individuals who have been injured and it would be our honor to answer your questions and address your concerns in a risk-free consultation setting. We look forward to speaking with you.

What Is a Psychological Injury? 

No matter the type of accident that happens it may be in your best interest to talk to a Memphis personal injury lawyer from Patterson Bray. Accidents can cause different kinds of injuries and they aren’t all physical. Psychological injuries are just as real as physical ones and they can have long-lasting consequences on your health and how you live your life. The downside is proving a psychological injury is harder than a physical one and that is why talking to a qualified lawyer is key. 

Understanding that psychological injuries can impact you just as badly as a physical one is important. If you want to know more read on to find out why. 

What Is a Psychological Injury? 

A psychological injury is a non-physical injury sustained due to someone else’s negligence. It is important to know that you can’t claim to have suffered a psychological injury just because an accident or event scared you. For an injury to qualify it has to be persistent and it has to occur due to another party’s negligence. 

It is important to know that you can suffer in a variety of ways with an accident, and psychological injuries do happen. It is also vital to understand that you can suffer a psychological injury without sustaining a physical injury. 

Examples of Psychological Injuries 

There are a number of psychological injuries after accidents that people can suffer. Below are some of the most common types that happen: 

  • Post-Traumatic Stress Disorder (PTSD): This is a common psychological injury when accidents occur. It can present itself in different ways but if left untreated it can severely hurt someone’s lifestyle. 
  • Depression: This is an injury that can surely hurt your way of life. After an accident, you can start feeling an uncontrollable feeling of sadness or lack of motivation. 
  • Anxiety Disorders: There are many types of anxiety and they can be presented differently. One of the most common is generalized anxiety disorder. 

Symptoms of Psychological Injuries

Typically after an accident, people are going to feel scared, and after a little while, it disappears. However, when it comes to a psychological injury that feeling doesn’t go away, and often it keeps getting worse. Here are some of the symptoms of a psychological injury: 

  • Sleeping difficulties
  • Disturbed sleep
  • Mood swings
  • Confusion
  • Memory loss
  • Social isolation
  • Irritability
  • Constant tearfulness

In many cases, the symptoms also come with the inability to perform daily tasks. Even the simple ones that you used to do without thinking. Things like taking care of your basic hygiene can cause psychological injury. Because they are invisible it can be hard to prove that the accident was the cause. However, they should be taken just as seriously as a physical injury. 

If you or someone you love have been in an accident and suffered a psychological injury, know you aren’t alone. It is in your best interest to talk to a Memphis personal injury lawyer today to know more about your case, and what compensation you can get. 

What Happens If A Pet Bites A Person?

For many of us, pets are considered another member of the family. While pet owners love their pets, they may end up costing their owners money if they bite another person through personal injury lawsuits. Though dogs and cats are the typical animals involved, Tennessee law is applicable to all living creatures, other than human beings, which may be affected by rabies. If you have been bitten by a pet, a Memphis personal injury lawyer can help you navigate through your legal options.  

What is an owner’s responsibility regarding protecting their pet and the public from rabies?

 Under the law, pet owners are required to make sure that all dogs and cats three months of age and older are vaccinated against rabies. Vaccinations should be kept up to date throughout the pet’s life.

What happens if a pet bites a person?

Each county in the state has its own division that is in charge of controlling the spread of rabies and the overpopulation of dogs and cats, using humane education, rabies vaccines, impoundment, and any other means deemed necessary to accomplish these goals.

As a Memphis, TN personal injury lawyer can explain, in the event that an animal bites a person, the animal is confined under the observation of a licensed veterinarian for 10 days. Immediately upon confinement, the veterinarian reports the clinical condition of the animal to the county.  

At the end of the confinement period, the veterinarian submits a written report to the county indicating the final disposition of the animal. If the animal has been inoculated against rabies and the veterinarian deems it satisfactory, the animal may be confined to a house or in any other manner in which it will be prohibited from biting a person for a period of 10 days. At the end of this confinement, the animal is examined by the veterinarian. 

An owner who is aware that his or her animal has bitten someone must inform the county. It is illegal for the owner to euthanize, sell, give away, or otherwise dispose of the animal until it is released.

What legal recourse does a victim have for the bite or attack?

If an animal, without provocation, attacks, attempts to attack or injures a person, the owner of such animal is civilly liable to such person for the full amount of the injury proximately caused by the attack or attempted attack. This places owners under strict liability, meaning they can be ordered to pay damages without the victim proving negligence or any fault on the part of the owner; all that needs to be proven is an injury caused by the animal.

 If you have been bitten by another person’s pet, it is possible that you have a valid claim for personal injury against the owner. You may be entitled to damages for your medical expenses, lost wages, pain and suffering, emotional anguish, scarring, and more. Contact a Memphis, TN personal injury lawyer from Patterson Bray PLLC to schedule a free and confidential consultation to learn more.

What Types Of Damages Can I recover In My Car Accident Claim?

If somebody else’s negligence caused your accident and injuries, you may be entitled to compensation for your medical bills, lost wages, pain and suffering, and other losses. In order to get that compensation, you will probably have to negotiate with an insurance company. Insurance companies are notorious for trying to minimize what they pay out to injury victims. They may even try to claim that the accident was your fault or that your injuries aren’t as bad as you say they are.

Experienced Memphis Car Accident Attorneys from Patterson Bray PLLC can guide you through this process and fight for the full amount of compensation you deserve.

What types of damages can I recover in my car accident claim?

When you are injured in a car accident that was caused by another driver’s negligence, you may be eligible to recover compensation for the following damages:

  • Medical expenses (past and future)
  • Lost wages (past and future)
  • Pain and suffering
  • Property damage (car repairs)
  • Emotional distress
  • Punitive damages (in cases involving drunk driving)

When should I hire a lawyer?

If you have been injured in an accident caused by another person’s negligence, or recklessness, or if you have lost a family member in an accident, you should consult with Memphis car accident attorneys as soon as possible. Early involvement of an attorney is especially important if your case involves insurance coverage issues. If an insurance company is involved, it will send out an adjuster to obtain statements from the parties involved and witnesses. It is crucial that these statements be recorded before the witness’ memory fades.

Memphis car accident attorneys from Patterson Bray PLLC can help you determine if any insurance policies may apply to your damages and injuries. He or she can also communicate with the insurance company on your behalf so that they do not take advantage of you while you are still recovering. Your attorney will work hard to make sure that your rights are protected while helping you pursue the maximum amount of compensation for which you may be eligible.

What happens in my first meeting with an attorney?

When you meet with Memphis car accident attorneys for the first time, he or she will ask questions about your case. It is important that you bring all relevant documents (birth certificates, police reports, medical records, etc.) with you so the attorney has everything he or she needs to assess your situation fully.

If the Memphis car accident attorney feels that he or she can assist you, he or she will explain what needs to be done and answer any questions that you may have. The lawyer might also be able to provide some immediate legal advice based on his or her initial assessment of your case. Call Patterson Bray PLLC today to schedule your consultation!

 

What If My Accident Was Partially My Fault?

It remains important to explore your legal rights and options—even if you may have been partially to blame for what happened to you—because Tennessee broadly protects the rights of car accident injury victims. Unlike some other states, that bar victims from seeking compensation if they were partially at fault for a crash, Tennessee recognizes a comparative negligence standard in personal injury cases. This means that as long as the fault attributed to you is not 50 percent or greater (when compared to the percentage of fault attributed to others), you remain entitled to seek compensation from others involved in the crash. If another’s reckless, intentionally harmful, or negligent actions or inactions may have directly contributed to the cause(s) of your harm, exploring your legal options is an effort worth your time.

Legal Assistance Is Available

If you have not yet explored your legal options with the assistance of a reputable attorney, please connect with the experienced Tennessee team at Patterson Bray PLLC today. Although it isn’t always easy to know whether an accident victim has strong grounds upon which to file an insurance claim or personal injury case at first glance, our dedicated lawyers have extensive experience handling complex car accident cases. No matter what the circumstances were that led to your collision, we can provide you with objective guidance and support so that you can make informed decisions about whether to pursue legal action at this time. We look forward to speaking with you.

If you have recently been injured in an accident, you may—very understandably—be wondering if you should be connecting with a lawyer. Sometimes, when accidents only result in minor property damage and no one is hurt as a result of the chaos, accident victims can successfully navigate the insurance claims process without legal assistance. However, individuals who have suffered injury as a result of auto accidents should take time to explore their legal rights and options.

Even if the accident in question was partially their fault, they may be entitled to significant compensation via the personal injury claims process. Additionally, navigating a complex insurance process without legal guidance is generally not advisable as reputable personal injury attorneys—including those who practice at Patterson Bray PLLC—are often able to secure victims settlement awards that are more fairly valued than those they could secure without help.

Memphis Car Accident Attorneys

If your car accident occurred while you were traveling for work-related reasons, you may be entitled to workers’ compensation benefits. No matter why you were traveling, you may be entitled to insurance settlements from one or more providers. Additionally, if another’s negligence, recklessness, or intentionally harmful actions or inactions directly contributed to the cause(s) of your injuries, you may be in a strong position to pursue significant personal injury damages. The experienced Memphis car accident attorneys at our firm can provide you with clarity about your rights and options once we understand the details surrounding your collision.