Types of Injuries
Many people who sustain an injury through some fault of their own falsely believe that necessarily defeats any claim against other parties at fault in the same event. This misperception may be due to a defense often raised by opposing lawyers early during settlement negotiations called ‘assumption of risk’ to dissuade pro se plaintiffs from launching formal litigation. While assumed risks seem logically excluded blame placed on others for resulting harm, do not rush to judgment without legal representation.
The Insurance Company Is Arguing About My Injuries. What Do I Do?
Bad faith insurance companies are common in every region of the nation, and in California in particular. Many times these companies are actually the common insurance providers with big advertising budgets and big legal fee budgets as well. Company claims adjusters are also trained professional negotiators who understand when they have the advantage over a novice injured claimant who may not know the true potential of a their accident injury claim.
Some agents and adjusters will act nice at the beginning of a claim just to become very difficult later when the injuries are apparently much more serious than the extent that was established originally. This can be a frustrating situation for an individual who may know their agent personally and feel comfortable with them just to find out later the company was actually making the decisions concerning what and how much damage they would cover. This is also a solid indication that the injured claimant needs experienced legal counsel who can investigate the claim fully and provide representation.
Document You Injury Claim
It is very important that any and all medical complications that may have been caused by the accident are reported and treated. Do not omit any discomfort and additional injury, even if it seems relatively minor at the beginning. Always report everything to your personal medical treatment professionals and follow all treatment regimens thoroughly.
In addition, keeping a journal regarding the intensity of pain and the specific complications suffered can be a good form of personal documentation that can also be corroborated by your doctor. Many times injuries do not manifest until later, such as back injuries that worsen over time, and having a comprehensive list of ailments can amount to a more valuable injury settlement.
CONCUSSION ACCIDENT INJURIES
An accident can cause a head injury in the blink of an eye. When that happens, it can impact your life and your family. If you’ve suffered from a concussion accident, you may be wondering where to turn in order to rebuild your life and get the compensation that you deserve. A concussion is one form of traumatic brain injury. Scientists and doctors are learning more about brain injuries than ever before.
In fact, a lot of what we know about brain injuries we’ve only learned in the 21st century. That means it’s important to work with the right experts to prepare your case. A medical expert that’s knowledgeable in the latest in brain science can explain your injuries to the jury. They can explain how the body reacts to a concussion and the long-term impacts of your injuries. This explanation can properly help the jury value your claim.
In most cases, winning compensation for a concussion injury requires you to show that the person or company responsible acted in a negligent way that resulted in your injuries. It might be because of a construction accident. You may have suffered a slip and fall accident because a store owner failed to clean up a spill. A concussion can occur because someone acts in a way that isn’t careful enough. When that happens, their negligence can make them liable to you for your damages.
When you suffer from a concussion accident, an experienced personal injury attorney can help you make your claim for recovery. A concussion poses a unique challenge because you may not even know the extent of your injuries. You may have a headache or confusion. It may be hard to even know the true nature of your injuries in the aftermath of a concussion injury.
That’s where an experienced legal team can help. It’s important to carefully identify and document your injuries. In the case of a concussion, you may need medical treatment long into the future. It may not even be possible to complete your treatment before you reach a settlement in the case or it goes to a trial. That makes it important to work with skilled attorneys that can help you build your case using the correct medical experts and accountants to value your claim.
BRAIN INJURIES
A traumatic brain injury can occur in many different types of accidents, and it can range widely in terms of severity and recovery timelines. In many cases, even a single, seemingly minor concussion can have long-term effects. Whether you suffered a traumatic brain injury (TBI) in a motor vehicle collision, slip and fall accident, or recreational activity, you could be eligible to file a claim to seek compensation.
According to the U.S. Centers for Disease Control and Prevention (CDC), “a traumatic brain injury, or TBI, is an injury that affects how the brain works.” TBIs “may be caused by a bump, blow, or jolt to the head, or penetrating injury (such as from a gunshot) to the head.” Traumatic brain injuries can be mild (i.e., concussions), moderate, or severe.
In 2019, the CDC reported that approximately 61,000 traumatic brain injury deaths occurred, which amounts to an average of 166 TBI-related deaths per day. According to Brainline.org, TBIs are contributing factors in approximately 30 percent of injury-related deaths in the U.S., while about 2.8 million people visit emergency departments every year to be treated for head trauma due to a TBI. In total, about 282,000 people are hospitalized every year with traumatic brain injuries.
Common causes of TBIs include but are not limited to:
- Motor vehicle accidents;
- Falls, including slips and falls;
- Recreational activities and sports;
- Being struck by an object; and
- Assaults.
Older adults are at particularly high risk of serious and life-threatening brain injuries in falls, and TBI-related hospitalizations are highest among adults aged 75 and older. The Glasgow Coma Scale (GCS) is a standardized neurological assessment tool used to evaluate a person’s level of consciousness after a head injury or other neurological event. Developed by Graham Teasdale and Bryan J. Jennett in 1974, the GCS provides a systematic and objective way to assess and communicate the severity of impairment in patients with altered mental status.
The GCS assesses three main components of a person’s responsiveness:
- Eye Opening (E): Assigns a score from 1 to 4 based on the patient’s ability to open their eyes spontaneously (4), in response to verbal stimuli (3), in response to pain (2), or if the eyes do not open at all (1).
- Verbal Response (V): Rates verbal responses on a scale from 1 to 5, with scores ranging from oriented and conversational (5) to incomprehensible sounds (2) and no verbal response (1).
- Motor Response (M): Evaluates motor responses using a scale from 1 to 6, ranging from purposeful movement in response to commands (6) to no motor response (1).
Each of these three categories is assigned a score, and the total GCS score is obtained by summing these individual scores. The overall GCS score can range from 3 to 15, with 15 indicating normal neurological function and 3 representing the most severe impairment.
The GCS is commonly used in emergency and clinical settings, such as hospitals and trauma centers, to assess and communicate the severity of traumatic brain injuries. It helps medical professionals make quick and consistent assessments of patients’ neurological status, aiding in treatment decisions and communication among healthcare providers.
BROKEN BONE INJURIES
Broken bones are a common injury suffered in serious accidents. When evaluating cases and clients’ medical records, we often see broken noses, arms, pelvises, jaws, and ankles. Here, we break down these different types of breaks, their symptoms, and how you can hold negligent parties accountable for these types of injuries.
Causes of broken injuries vary from one injury to the other. Due to the nature of humans trying to get hold of something when falling to keep balance, broken bones normally occur when falling. Some other causes of broken bones are:
- Assaults
- Osteoporosis
- Car accidents
- Slip and falls
- Truck accidents
- Sports-related injuries
- Work-related injuries
- Premises liability injuries
The victim should not carry the medical bill burdens if the injuries are a result of the negligent actions of another person. You should seek the services of an experienced broken bone accident lawyer willing to handle your case and represent you in a courtroom. Some broken bones may be noticeable although that depends on the severity. Below are a few symptoms of broken bones you can look for:
- Bruising
- Limited Range of Motion
- Deformation
- Numbness
- Tenderness
- Painful Movements
- Scaring
- Stiffness
- Swelling
If you suffer a broken bone injury, it is advisable that you seek medical attention immediately. Medical documents can be used by a broken bone accident lawyer to help draft a case against the negligent individual who is responsible for your injuries.
SPINAL CORD INJURIES
Spinal cord damage is irreversible and most treatments focus on managing symptoms. The right treatment can help restore function and sensation.
Spinal cord injuries often occur from falls, sports injuries, violence, and vehicle accidents. When the spinal cord is compressed, it can cause neurological issues. Symptoms include paralysis, numbness, loss of bladder or bowel control, and pain.
If you experience any of these symptoms, seek medical help immediately. Spinal cord injuries can lead to significant loss of earnings and lifecare costs. A spinal cord injury lawyer can help recover damages, including pain and suffering, and loss of enjoyment of life.
INTERNAL ORGAN INJURIES
When drivers and passengers get involved in a car accident, they will be slammed into devices in the car like airbags, seat belts, windshield, seatbacks, and dashboard. The standard internal injuries include chest injuries, traumatic brain injury, internal bleeding, and abdominal injuries. A severe internal injury will require a diagnostic test which is expensive, emergency medical treatment, surgery, rehabilitation therapy, and hospitalization.
At times, the internal injury will bring a permanent change to the victim’s life. Furthermore, the recovery process for internal damage will be long and expensive. Internal organs injuries are something that is very dangerous since it cannot be identified right away. Internal organ injuries can have devastating impacts such as depression, disabilities, surgeries, and adverse effects on the individual’s life.
When the organ injuries have been caused by someone else’s negligence, the injured party will be entitled to compensation. Different types of internal organ injuries involve heart injuries, digestive organ injuries, traumatic brain injuries, organ failure, and internal bleeding injuries. It is necessary for anyone who has been involved in an internal organ injury to get compensated so that they can move on with their life.
Getting a medical examination is an essential step for any person who has got involved in an auto accident. When a person is involved in a crash, there may be before the external forces on the body. There are maybe injuries under the skin as a result of the kinetic energy. The victim may go home thinking that they are in good health only to notice later that they had severe internal injuries.
The internal damage is caused by some issues. Some of the causes include blunt trauma where the injury occurs when the body comes into contact with a blunt object. The blunt trauma can happen when one hits their head on the steering wheel. There may be no open wounds, but blood vessels will be compressed. The other cause is decelerating trauma whereby one of the body organs continue on a forward trajectory through the muscles, and spine before coming to a stop. Some of the organs that can be affected by internal injury include:
- Brain
- Lungs
- Heart
Finally, penetrating trauma occurs when the accident victim gets a deep wound. It may not be easy to detect any internal bleeding. As such, one should go for the check-up early enough.
The blunt trauma will give the victim reasons to go or a medical examination. The decelerating trauma may go unnoticed and since there is no sign of injury on the outside. The decelerating trauma is severe and silent. Therefore, it is necessary to go for an internal injury check-up. In as much as one may not feel the need to go through the tests, it is still a good idea to take the test. It will help in the long run.
There are specific complications that result from internal organ injuries. Internal bleeding is severe when it comes to internal injury. The internal bleeding can be caused by punctured lungs, ruptured blood vessels, and intestinal tract perforations. Some of the severe injuries include punctured lung, ruptured spleen, and internal hemorrhaging.
HIP ACCIDENT INJURIES
Hip injuries are a common occurrence in bad auto accidents. In some instances, the injury is so severe that someone needs a full hip replacement just to resume even a semblance of a normal life. Someone who suffers a hip injury during an auto accident is more than likely never going to have a normal life again. Although replacement surgery is usually successful in the sense that it restores motion and reduces pain, it is limited and doesn’t give someone a new set of natural hips that work exactly as the originals did. What this means is that the chronic nature of hip problems arising from car accidents often leaves lifelong pain and medical bills. Lost wages can be expected, too, depending on the number of surgeries needed and days out of work because of pain.
BICYCLE ACCIDENT INJURIES
More and more people are turning to bicycles for commuting to and from work and school or for fun. While this mode of transport is an excellent way to protect the environment and run your daily chores, there is the question of road safety. What happens when you get into an accident on a bicycle? Can you seek compensation for your bicycle accident injuries?
According to research published by the National Center for Biotechnology Information (NCBI), bicycle accidents were responsible for over 500,000 visits to the emergency room in 2019. In the busy cities of California, it is not uncommon to see bicyclists and drivers sharing the road. Many of these encounters are uneventful, but the negligence of one driver could prove fatal to a bicyclist.
Some of the most common types of bicycle accidents include:
- Car Door Opening
Drivers rarely watch for cyclists when exiting their vehicles and may open their door causing an oncoming cyclist to crash into it. This is one of the scariest bicycle accidents because it allows very little time for the cyclist to react.
- Car Turning Left
These accidents are commonly referred to as ‘the left cross.’ They refer to when a driver attempts to make a left turn in front of a cyclist and strikes their bicycle on the side or causes the bike to slam into the side of the car.
- Car Turning Right
Car turning right accidents often happen at intersections when the light changes. When an aggressive driver tries to cut off a cyclist while turning right, they may cause an accident.
- Rear-End Collisions
Although rare, these accidents commonly occur at night on roads with low visibility or during the day when a driver tries to pass too close to a cyclist.
Bicycle accidents, like any collisions, tend to vary in nature and severity. While one cyclist may escape with nothing but bruises, another may suffer spinal cord damage. The following are the most common bicycle accident injuries:
- Bruises, cuts, and lacerations
- Neck and shoulder injuries
- Head and brain injuries
- Muscle sprains and strains
- Internal organ damage
- Broken or fractured bones
You may be unable to determine the exact scope of your injuries immediately after a bicycle accident. Ensure you receive medical attention right away and keep up with all your doctor’s appointments.
MOTORCYCLE ACCIDENT INJURIES
Traffic accidents sometimes result in serious injuries to motorcycle riders. The good news is that many motorcyclists walk away from an accident with only minor injuries that may not require emergency transportation to a hospital. If this is your case, you may wonder whether you should still get medical attention after the accident.
If you were injured at all in a traffic accident, even lightly, it’s always a good idea to see a doctor as soon as possible. While you may have only appear to have superficial injuries like a few cuts or bruises that can be treated at the scene, there can still be some more serious damage that you may not be aware of at the moment. Certain kinds of injuries, such as internal injuries, head injuries and nerve or muscle damage may not show symptoms for several days, weeks or even months following an accident.
However, if they’re not properly treated by medical professionals, they can become life-threatening or result in permanent consequences. Remember that after a motorcycle accident, your number one priority should be your health and well-being. Therefore, even if you’re not transported to a hospital immediately following an accident, you should still schedule an appointment with your doctor so that you can undergo a full medical evaluation. This will rule out hidden injuries that may become a lot more serious at a later time.
In addition to seeking prompt medical attention after a motorcycle accident, you should also be aware of the importance of following the treatment plan created by your doctor, even if you don’t believe that you were hurt that badly. If you miss appointments or stop your treatment without first consulting your doctor, this could have negative repercussions on your personal injury claim. If your injuries later turn out to be worse than they appeared at first, failing to follow the treatment ordered by your doctor can be used against you by the insurance company.
They can argue that you have made your injuries worse by not complying with the treatment ordered by your doctor, which can significantly reduce the amount you can recover as compensation, even if the other motorist was fully at-fault for the accident.
CAR ACCIDENT INJURIES
If you’re involved in a car accident, you may assume that any injuries you notice immediately–such as blood running down your leg from a cut–are the only injuries that you’ve suffered. This makes sense: there is an association with obvious pain and an obvious injury. However, this isn’t always the case. In fact, some injuries are not evident in the immediate aftermath of a crash. These are called late-appearing car accident injuries.
Serious motor vehicle collisions happen every day in California. According to data published by the California Highway Patrol (CHP), more than 277,000 people are hurt in car wrecks in the state each year. These crashes can occur for a wide range of different reasons and every collision should be investigated. At the same time, many crashes have common causes.
Most serious car accident injuries are immediately evident – it’d be hard to miss a broken bone, for example, or a major laceration. That being said, sometimes accidents lead to injuries that take hours or days to really develop. This may be because of the nature of the injury, or because adrenaline from the crash prevents the body from fully acknowledging the injury until later. Some of the most common types of car accident injuries that are late-appearing include:
- Traumatic brain injuries, such as concussions;
- Soft tissue injuries, such as whiplash;
- Internal injuries, such as internal bleeding; and
- Psychological injuries, such as post-traumatic stress disorder.
The fact that some injuries are late-appearing is one of the primary reasons that seeking medical care after a crash is so important. Even if you think that you’re not injured or not seriously injured, being seen by a medical professional can rule out the possibility of late-appearing injuries, such as a concussion. If you are injured and just haven’t realized it yet, seeking medical care can help to ensure that you get a diagnosis and begin treatment for your injuries sooner rather than later.
If you have been in a car crash and have suffered late-appearing, but serious, injuries, you may need a lawyer in order to maximize your compensation.
KNEE INJURIES
If you’ve experienced a knee injury, you should seek medical attention immediately. The symptoms of a knee injury can range from subtle to acute and might include the following:
- Redness and swelling
- Tenderness or tingling
- Weakness and instability
- Pain while doing an activity or resting
- A ripping sensation
- Locking or grinding
- Bruising
- Experiencing a cold or fever
- Deformed or protruding bones
- Difficulty in extending the knee or walking
There are many types of knee injuries and those injuries can be described as:
1. ACL Injury
The Anterior Cruciate Ligament crisscrosses the knee joint with the Posterior Cruciate Ligament (PCL). The primary function of the ACL is to stabilize the knee in order to prevent forward movement of the tibia on the femur. A rupture on the ACL is one of the most common and severe knee injuries related to a car accident.
People who suffer an ACL injury are often not able to walk and experience excruciating pain that becomes worse with movement. ACL damage might be an isolated injury or occur along with other knee injuries, e.g. meniscal injury and MCL injury.
2. PCL Injury
The Posterior Cruciate Ligament has more strength than the accompanying ACL, and is less likely to tear. The PCL braces itself against excessive movement in the anteroposterior plane. A tear in this ligament can only occur if it’s exposed to a strong, blunt force trauma. Examples of such trauma include a dashboard striking the knee’s anterior aspect or falling on a flexed knee in a crash.
A PCL injury usually results from major trauma and it rarely occurs alone. It might be associated with other damage to the ligaments and bones.
3. MCL Injury
The Medial Collateral Ligament (MCL) is highly susceptible to getting damaged during car collisions and might be sprained or torn. Usually, victims experience a ripping or tearing sensation in the inner knee, which results in bruising and swelling. The most common cause of an MCL injury is an outer force strike to the inner knee.
4. Knee Sprain and Strain
A sprain is the stretching or tearing of muscles or tendons. In the knee, collateral and cruciate ligament sprains and muscular strains are a common occurrence. Such injuries may be assigned grade I, II or III depending on the severity. Grade I strains and sprains involve stretching only, while Grade II display a partial tear or rupture. Grade III depicts a complete tear or rupture.
5. Knee Dislocation
A dislocation of the knee is a limb-threatening injury that might lead to amputation if it goes untreated. Fortunately, knee dislocation is rare, and it usually results from an extremely powerful blow to the knee. An untreated dislocation that causes an arterial injury can leave the lower leg without enough blood supply, resulting in leg loss.
SEATBELT INJURIES
JOINT INJURIES AND DISLOCATIONS
BACK COMPRESSION FRACTURES
THREE COMMON ACCIDENT INJURIES
And How to Treat Them
AREAS OF PRACTICE
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