Archive for the ‘Traumatic Brain Injury’ Category

What’s a Paralegal, Really?

Thursday, December 8th, 2011

You may have a paralegal working on your vaginal mesh lawsuit, but do you know what a paralegal really is?

A paralegal is a non-lawyer who performs routine tasks requiring some knowledge of the law. Paralegals take prescribed courses in law and legal process, but are much less rigorous than those taken in order to be licensed as a lawyer. These professionals usually work for a law firm or perform free-lance, or contract, work for various lawyers.

They are becoming increasingly popular as they handle much of the paperwork associated with probates of estates, divorce actions, bankruptcies, investigations, analyzing depositions, preparing and answering interrogatories and procedural motions, and other specific tasks.

When looking to hire an attorney, you should make sure that the hourly rates for paralegals are less than that of the attorney.

What is Pain and Suffering?

Wednesday, December 7th, 2011

Do you know the legal definition of pain and suffering?

Pain and suffering is the physical or mental distress experienced from an injury, including broken bones and internal injuries. It also includes the aches, pain, temporary and permanent limitations of activity, or potential shortening of life. Additional considerations that are taken into the “general damages” recovery by someone’s negligence or intent are any depression or embarrassment caused by physical scarring.

The dollar amount of these damages are subjective, as opposed to the costs of medical bills, future medical costs, or lost wages which can be calculated, called “special damages”.

If you are experiencing any pain and suffering due to a mesh repair, contact LegalView today for a free legal consultation!

What is a Consultation?

Tuesday, December 6th, 2011

A consultation is a short meeting, or discussion where a decision is reached. It can also be a discussion in which one of the parties seeks advice. Consultations are usually done with physicians or attorneys.

LegalView offers free consultations to anyone who feels that they have been injured due to negligence, such as with a vaginal mesh transplant.

Duringg your consultation, you will speak with one of our experienced lawyers. At this consultation, the lawyer will ask questions about your case and determine whether or not to pursue litigation. Contact LegalView for your free consultation today!

What are Attorney Fees?

Monday, December 5th, 2011

Attorney’s fees are simply the payment for legal services. They can take several forms including, hourly charges, flat fees for a particular service, contingent fees (such as one-third of the gross recovery, and none if there is no recovery), statutory fees (percentages of an estate for representing the estate), court-approved fees (such as in bankruptcies or guardianships), and some mixture of hourly and contingent fees, or some other combination.

It is important, and necessary, for attorneys and clients to have a signed contract for any extensive legal work, particularly in contingent fee cases. Attorneys will keep records of time spent on cases to justify fees. This is often done even when the work is not done on an hourly basis. Some lawyers will request a “retainer” which is a down-payment on fees, as a good faith indication that the client will continue to pay and is serious about having the legal work performed. This also helps to ensure the attorney isn’t left with holding the bag for work performed.

Attorney’s fees are not awarded to the winning party except for a lawsuit where the contract has a provision for the fees or where there is a statute which provides for an award of fees.

If you believe you need to file a lawsuit, LegalView will provide you with a free legal consultation.

What is a Lawsuit?

Tuesday, November 29th, 2011

If you are involved in a lawsuit, it is important to know what the legal definition of a lawsuit is.

A lawsuit can be defined as the common term that is used to describe a legal action taken by one person or entity against another person or entity, to be declared in a court of law. Sometimes, this is simply called a “suit.” The legal claims that are made during a lawsuit are called “cause of action.”

Traumatic Brain Injuries May Cause Strokes

Wednesday, August 3rd, 2011

Traumatic brain injuries (TBIs) may be added to the list of stroke risk factors. Patients who have suffered from TBIs are more likely to have complications such as torn arteries, cardiac problems or blood clots – all factors that increase the risk of stroke. Almost three percent of patients with TBIs have a stroke within the first three months after injury, which is almost 10 times what someone without a TBI’s likelihood is of having a stroke.

The highest incidence of stroke occurred when patients had a fractured skull. The risk of stroke for someone with a fractured skull was 20 times higher than other patients with brain injuries. Patients with TBI were also at a greater risk for bleeding in the brain following a stoke compared to those who had not experienced traumatic brain injury.

TBI patients are also more likely to have high blood pressure, diabetes, coronary heart disease, atrial fibrillation and heart failure. Patients with TBI’s should be monitored for the first few months following an injury to check for many of these symptoms.

TBI’s are hard to diagnose and hard to treat. Symptoms may not present themselves right away and are often not visible. Similar injuries does not mean similar symptoms.

 

Colleges Attempt to Reduce Athletic Concussions

Thursday, July 28th, 2011

Colleges Aware of Dangerous Concussions on Football Field

A committee was formed with one goal in mind: to lower the number of concussions and brain injury incidents in competitive collegiate athletics. It presented its goals to the presidents of Ivy League colleges, who believe that there are a significant number of football players who had mild brain injuries and concussions, thus resulting in harmful brain injury side effects

The committee recommended that the Ivy League football league limit the number of full-pad and full-contact practices during the year and impose stricter postgame video reviews to analyze the severity of head-to-head helmet hits. The eight institutions that comprise the Ivy League athletic conference are Brown University, Columbia University, Cornell University, Dartmouth College, Harvard University, Princeton University, the University of Pennsylvania, and Yale University.

Ivy league Executive Director Robin Harris explained that “The presidents formed the committee because they were deeply concerned that concussions are a significant injury in football and wanted the Ivy League to take an active leadership role in developing steps and measures to limit concussions.”

The new practice limitations would reduce the number of full-contact days per week permissible by the NCAA by 60 percent and will reduce the number of full-contact practices during spring training by 42 percent from the NCAA maximum. In addition to the practice cuts, scholar-athletes will be trained on proper tackling technique, the symptoms of concussion, and the potential consequences repetitive brain trauma.

Harris says that while they are focusing on the safety of football players for now, they will expand to other collegiate sports. The Ivy League will inspect and reform the regulations of men’s and women’s lacrosse, men’s and women’s soccer, and men’s and women’s ice hockey.

Recently, numerous research studies have been conducted on concussions and the injuries sustained from head trauma especially in full-contact sports such as football. Concussions and minor brain injuries sustained from hard tackles have shown to contribute and accumulate to severe, often permanent, brain injuries. Such injuries are not only prevalent in college football, but are even more so common in the professional arena. Many National Football League players have been diagnosed with permanent brain injuries, resulting in many lawsuits and studies on the debilitating side effects of brain trauma.

75 former NFL players suing NFL

Monday, July 25th, 2011

Seventy-five former professional football players are suing the National Football League, saying the league knew as early as the 1920s of the harmful effects of concussions on players’ brains, but covered up the information. The 75 players filed a lawsuit in Los Angeles Superior Court this week among the players were former Miami Dolphins wide receiver Mark Duper and former New York Giants running backs Otis Anderson and Rodney Hampton.

The players claimed they did not know the long-term effects of concussions and the NFL tried to hide those effects from the players when instead they should have been protecting them. The lawsuit also points at Riddell Inc, which has made the helmets for the NFL since 1989.

Recent studies show that multiple head injuries can lead to long-term brain injuries, including memory loss, dementia, depression and CTE (chronic traumatic encephalopathy). The NFL was aware of this information but failed to share it with its players. Last year the NFL finally acknowledged the dangers linked with concussions by sending a warning to every player and team but failed to notify past players.

Neither the NFL spokesman Greg Aiello or Riddell have made comments regarding the issue but claim they are waiting to review the complaint.

The NFL’s Brain Injury Committee knew about the links between concussions and traumatic brain injuries, but they tried to cover up this information by publishing articles with contrary findings. These articles not only tricked the players but also Congress and the public.  In 1994, the NFL studied concussion research and published their findings in 2004 stating that there was no evidence that multiple concussions led to chronic or worsening injury.  The NFL also allowed many players to return to the field on the same day that they suffered from a concussion if they were cleared by a doctor.

Many former players in the NFL have suffered from traumatic brain injuries and even death. Most notably former Chicago Bears safety David Duerson, 50, who  shot himself in the chest in February, leaving behind a note requesting that his brain be donated for study.

The NFL has been involved in a number of legal battles recently which may signify a change in the management of the league. The legal battles have already been compared with the Big Tobacco lawsuits. The brain injury lawsuit does not outline a dollar amount for damages.

 

 

TBI’s linked to Dementia

Friday, July 22nd, 2011

Research had been increasing on the correlation between traumatic brain injuries and war veterans and football players. Traumatic brain injuries or TBIs are a leading cause of death and or permanent disability among these professions. The newest study shows that there is a possible link between TBIs and dementia. The study shows that TBIs could do as much as double the risk of dementia.

The study looked into the medical records of about 300,000 war veterans who were 55 or older and found that those with TBI’s had a 15% chance of developing dementia compared to a 7% chance for those who had not previously suffered from a TBI. Another study that focused on NFL players showed that 35% over the age of 50 had developed brain injury related problems that could be considered significant or serious.

Traumatic brain injuries can be time consuming and expensive, these injuries often result in extensive medical treatments and in-home care. This new research suggested that those with traumatic brain injuries should  be monitored and screened for signs of dementia.

 

Grandparent safer drivers?

Monday, July 18th, 2011

A new study suggest that children are safer in a car accident with their grandparents driving rather than their parents. The study looked at 1,302 crashes involving children 15 years old or younger from 2003 through 2007. Children in accidents with their grandparents were half as likely to have serious injuries compared to accidents with their parents.

This new comes as a shock because most people would believe that grandparents would create a greater risk. Older drivers have an increased risk of being in accidents and grandparents are less likely to have children use seat belts.

Serious injuries included injuries where the child suffered a concussion or more serious brain injury, an injury to an internal organ, an injury to his or her spinal cord or a fracture of an extremity.

Over 2,000 injuries were reported in this study and grandparents were only driving when a little over 150 injuries occurred. Reasons for this low ratio could include safe driving practices such as grandparents being more focused on their driving, are driving slower  and keeping further distance from other cars. However, the ratio could also be skewed, because in studies like this one it is difficult to control outside factors that can have a large impact.

In general the most car crashes occur when teenagers and drivers over 75 are driving.

 

 

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Traumatic Brain Injury

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