My Civil Advocate

Suffering from a severe disability or condition is bad enough, but when that disability or condition keeps you from working, a difficult situation can quickly become far worse. That's why Social Security disability benefits are so important; they can help provide financial relief when holding a job is just not possible. In order to make the process of obtaining benefits smoother, the Social Security Admininistration (SSA) developed what's known as the Blue Book, which contains a listing of the most common impairments that are severe enough to keep people from working. The listing of impairments covers a wide range of major body systems such as respiratory, neurological, cardiovascular, digestive, skin, and several others. Additionally, there is information under each body system about what types of disabliling conditions can occur within each and detailed requirements about the severity, symptoms, clinical findings, lab tests, etc., that are required for an applicant to qua...

If you've been injured in an auto accident due to the negligence of another driver, and our injuries prevent you from working or reduce your ability to work, you have a right to recover lost wages. Generally, to recover for lost wages, one of two things must occur: An injury must be the direct result of the accident, or a pre-existing injury was made worse by the accident. To prove lost wages, produce the pay stub from your most recent paycheck prior to your injury. Tips and non-salary benefits should be included as well. If you are self-employed, you will need to submit proof of what you would have earned. Keeping detailed, organized records pays off in these circumstances. If a motor vehicle accident results in a long-lasting or permanent injury-including chronic pain or fatigue - that will affect your ability to earn a paycheck, you may have grounds to recover for "lost earning capacity." In some situations, you can claim this even if you can work- for instance, if...

Auto accident injuries are wide-ranging, but some are more common than others. They can be influenced by seatbelt usage (or lack thereof), airbags, the direction the impact came from, the speed of impact, or the position of the occupant's body when the impact occurred (facing straight ahead or turned). Soft tissue injuries - those involving ligaments, muscle, or tendons - are most common car accident injuries. Whiplash is a noticeable one. Muscles and ligaments of the neck and shoulders are unnaturally stretched to due to sudden, high-energy movements caused by impact. These forces are responsible for many back injuries as well, including serious ones involving the spine. Scrapes and laceration can result through contact with something solid inside the car; loose, flying objects, such as a cell phone, eyeglasses, or a bag of groceries; or getting smacked in the face by an airbag. A blow to the head can cause a concussion, as the brain is slammed against the interior of the skull...

It's a scenario we see all too often: Let's say you're involved in a wreck that wasn't your fault, suffered some pretty serious injuries, and are filing a personal injury claim to receive compensation for those injuries. Now, let's also say that you were in an accident years ago or have some old, pre-existing injuries or conditions that you feel hurt your claim, so you're thinking about withholding that information from your lawyer. We've got some absolutely critical advice for you: DON'T DO IT! The reason why is that you can be sure that the insurance company will be digging into your past to discover any old accidents or injuries, and trust us, their investigators will find out that information and they will use it against you to minimize or deny your claim altogether. The good news is that if you share that information with your lawyer right from the start, he or she can be completely prepared to deal with those kinds of issues and can build ...

Rollover accidents are among the worst for occupants of a vehicle. Although rollovers account for only 3 percent of all serious crashes, they are responsible for roughly 30 percent of fatalities. Any vehicle can roll over, but taller, narrower vehicles (e.g., SUVs, pickups, and vans) are more susceptible since they have a higher center of gravity and tend to be more top heavy. In addition, rounding a curve or a sudden turn at the wrong speed- or overcorrecting for a sudden turn- renders these vehicles more vulnerable to weight shifts that, when combined with gravity, can lead to rollovers. Steering maneuvers aren't the primary cause of single-vehicle rollovers, however. Bumping into a curb at significant speed, striking a pothole, or two wheels countering a soft roadside shoulder can cause a vehicle to "trip." The government estimates that 95 percent of rollovers are due to "trips". Drivers have a say in minimizing rollover danger. Avoid placing heavy load...

Shoulder injuries often occur as a result of car accidents, partly due to the actual structure of the shoulder itself but also because of other important factors. Here's why: A shoulder is an extremely complex part of the body, with a lot of moving parts working in concert. One key component of the shoulder is a ball-and-socket joint (shoulder socket) in which the ball at the end of the arm's humerus bone (upper arm) rests within a small depression of the scapula (shoulder blade); however, the ball is larger than the socket. This allows the joint to swivel in many directions, providing great range of motion. But this benefits comes at a price. That price is instability of the shoulder joint. What stability the shoulder does have originates from the soft tissues-muscles, tendons, and ligaments- that wrap around it, not from bone, meaning the shoulder is more susceptible to injury. Soft-tissue damage, fractures (i.E., collarbone, shoulder blade, humerus), nerve impairment, ...

If you are arrested for DUI, you will likely want to see the police version of events. You may have to wait a bit, however, as the police report won't be available in most states until your arraignment. And upon review, you may not believe it's referring to you. The police report is a crucial document that possesses the crux of the case against you- namely the account of the incident and all the evidence piled high or low- and can determine if fighting the charge is worthwhile. It will typically contain a checklist for the field sobriety test which consists of three standard tests- a printout of the pas test (a handheld device used to measure blood-alcohol concentration), a print out of the breath machine result, a lab report showing the blood or urine test results- and a written version of events from the police officer(s) at the scene. This written narrative is sometimes a bone of contention. Some police officers fail to treat each DUI as a separate event. They may ...

If you have been involved in a car accident, your immediate focus should be on your physical health. Right away, you should begin the process of documenting your injury if you are considering filing a personal injury claim. Here are some tips: First, visit a doctor as soon as you can. Delaying a doctor's visit after you've been in an accident can give the insurance company all of the ammunition it needs to deny or minimize your claim (the assumption is that you must not be that hurt if you could put off seeing a doctor). You will want to communicate with your doctor openly and inform them of any pains, bruises, or bumps that have occurred as a result of your accident. Discuss your daily activities with your doctor. If you experience pain and discomfort while completing your normal daily activities, let your doctor know and get documentation. It is critically important to keep all follow up appointments after your initial visit. If your doctor recommends physical therap...

It's not just major, violent auto collisions that lead to injuries to drivers and passengers. Seemingly minor fender-benders can cause significant injury, too. Injuries sustained from an auto crash might not be noticed initially - sometimes for hours, days, even weeks - for a variety of reasons. A car crash induces a rush of adrenaline and endorphins, chemicals that raise a person's energy level and frequently block pain. Once the "high" dissipates, pain may kick in. Soft-tissue injuries cause harm to tendons, muscles, and ligaments and are precipitated by sudden, jarring stops, and when bodies get tossed around inside the car. Whiplash injuries are common. Soft-tissue injury symptoms- pain, swelling, and reduced mobility - might not present themselves immediately, and injuries are not visible on X-rays. Concussions occur when the brain strikes the inside of the skull with great force. Some concussion symptoms are obvious from the outset. Others may be subtle an...

According to a North Carolina Department of Insurance study, over 3.5 million child injuries occur on school grounds or during school-related activities each year in the United States. Sometimes an accident is just that - an accident. Other times an injury may be caused by an intentional act, or the negligence of the school or one of its employees. Bullying is an example of an intentional act. In some instances the school may be held responsible if it knew the bullying may tak place but did not respond appropriately to prevent it. Teacher abuse of a student may leave a school district vulnerable to liability for failing to conduct thorough background checks, offer proper training, or implement acceptable oversight. Schools are obligated to provide shelter, food, transportation, and a safe environment for its students. Generally speaking, if a school fails to follow accepted standards of care in providing these services, and it causes harm to a child, then the school is negligent. ...

According to the U.S. Department of Transportation, distracted driving can be broken down into three main types of distraction -- visual (in which you take your eyes off the road), manual (in which you take your hands off the wheel), and cognitive (in which you take your mind off what you are doing). While any type of distraction while you are driving can be dangerous, what makes driving while texting especially problematic is that it involves all three main types of distractions. Statistics show that around 20 percent of all crashes involve some type of distraction, and in 2008, nearly 6,000 people were killed in collisions involving a distracted driver. And even though many states have banner or are considering bans on texting while driving, it is up to drivers themselves to use common sense. When you're behind the wheel, put the phone down entirely, or if you absolutely have to send a text, pull over to a safe area on the side of the road, or in a parking lot. If you or a...

This is one of the questions we hear frequently in the law world, and with good reason: If you have a pre-existing injury and are considering filing a personal injury claim after an accident, there are some key factors that need to be considered. For instance, you'll need to be able to prove that the injuries you have suffered in the car accident were not related to your prior injury. This can be easier to do if your pre-existing injury occurred many years ago and has not required any treatment for some time. However, if it was a more recent injury, you and your attorney will need to develop a strategy to show that there was no connection between the injuries you suffered in the car accident and the pre-existing injury. No matter what, you need to be up-front and 100 percent honest with your attorney about any pre-existing injuries you may have. That way, they are prepared to deal with the issue head on, won't be caught off guard, and can build the strongest case possible. ...

Approximately 4.5 million people are bitten by dogs each year (per the CDC), over 800,000 of whom require medical attention. Dogs may be the source of otehr injuries as well-- for instance, a dog may jump up on someone and knock them down, or cause a bike rider to fall off their bike. Owners may be liable under one of the following categories: The "one-bite" law - A dog owner is liable for injuries their dog causes if they had reasons to know their dog might cause some type of injury. A misinformed understanding of the law is that every dog gets a "free" bite, which isn't necessarily true. While the first bite puts the own on notice that the dog might be a danger, so does growling threateningly, snapping, or jumping on someone, among other behaviors. Owners may escape liability if the injured party provokes the dog or knowingly risked being injured by the dog. Strict liability statute- Under this statute, the owner is liable if their dog bites/ harms some...

Nearly 800,000 Americans each year suffer from strokes. According to the american heart Association, strokes are the fourth-leading cause of death and a major source of disabilities among adults. Time is of the essence in stroke treatment. A recent one-year study conducted by UCLA researchers showed that those who suffered strokes had a roughly 80 percent chance of a successful outcome- able to live independently within three months, when treated within four hours of the onset of symptoms. The percentage drops significantly beyond four hours. For the past 20+ years, the first-line therapy for strokes has been an injection of tPA (tissue plasminogen activator)*, a blood thinning medication. It is very effective on small blood clots but frequently fails to break up larger ones. However, a new therapy is proving to be a game changer. Stent retriever therapy* can remove clots more quickly, including larger ones that are problematic for tPA, improving a patients outlook. The only draw...

The value of a personal injury case that goes to trial is determined by the jury. They are given evidence to evaluate and a list of items they may take into consideration before making their decision. When settling a case prior to trial, various factors play a role in establishing the worth of a case. A good personal injury attorney makes their evaluation based upon all the doctors reports, present and future medical bills, and a comprehensive discussion with your doctor. Information covered should include how invasive it is, the pain associated with, and the duration of treatment; future pain and discomfort; and loss of enjoyment of life. Employment considerations include lost wages and future lost wages. Insurance companies influence the landscape, too. They keep track of cases nationwide and can crunch the numbers. They know which doctors who over treat, whose bills can more easily be challenged at trial, and which doctors make poor or excellent witnesses. Insurance companies k...

If you have recently been hurt in a car accident, chances are good that you are mainly focused on how to heal from your current injuries and how to handle your medical bills. The last thing a person wants to think about after getting into an auto accident prior injuries that you have had. However, your previous injuries and accident history is critical information that may end up severely limiting your ability to collect compensation if you are not up front and truthful with your attorney. Why is that?

Negligent Entrustment You were at a party when your best friend asked you if he could borrow your car to run a quick errand. The only problem was that he had been drinking (you knew that but figured he was okay to drive). He ended up having an accident where someone got hurt, and now you've learned that you are being sued by the injured victim. How can that happen?

Even if you only drive a little you have probably come across the remnants of a tire blowout from a tractor trailer or other large truck at some point. Unfortunately, a truck tire blowout can lead to a serious accident if the truck driver loses control when the blowout occurs or if another driver swerves to avoid the large strips of rubber and other debris scattered all over the road after the blowout.

As an attorney dedicated to helping car and truck accident victims, I am reminded every day of the terrible toll of motor vehicle wrecks on our nation. First and foremost is the human element, as many people struggle with serious injuries or even the loss of a loved one due to a crash. But there is also a very real economic impact as well.

The only thing worse than being involved in an automobile accident is being involved in an accident with some type of large commercial truck. Commercial trucks can often weigh up to 40 tons and can be 80 feet in length.  According to the  Institute for Highway Safety (IIHS), deaths in 2010 due to accidents involving large trucks topped 3,000. Of those 3,000+ accidents, approximately 72% of those, or around 2,450  of the deaths, were passenger vehicle occupants.