My Civil Advocate

The stretch between memorial Day and Labor Day has been called the "100 Deadliest Days" by AAA, as the number of fatal car crashes involving teen drivers spikes during this time. Over 5,000 deaths have been reported over the summer for the past five years, a rate that is 16 percent high than other times of the year. Teens drive more over the summer than other times of the year since school is out. They frequently drive greater distances as well, traveling to summer jobs or heading to the beach or other vacation destinations. In addition, teen drivers are generally the least experienced drivers out there and are the age group that's most likely to drive while distracted. All these circumstances make for a violate combination. The AAA Foundation for Traffic Safety found that a whopping 60 percent of crashes involving teen drivers were due to distracted driving. The organization conducted a study from 2007- 2015 in which teen drivers' cars were equipped with a camera...

The numbers are scary; there's simply no other way to put it. Breast cancer continues to take a terrible toll on women's lives and their families. In 2015, nearly 300,000 new cases of breast cancer were diagnosed, of which over 230,000 were invasive breast cancer (cancer that spreads from the milk duck to surrounding breast tissue and then sometimes throughout the body). That same year, over 40,000 women died from breast cancer, making it the second most lethal cancer in women, behind only lung cancer. As with any cancer, early detection is critical in prolonging survival. Unfortunately, diagnosing breast cancer in its earliest stages can be challenging, and there are often errors and disagreements over whether a suspicious area is benign or malignant. While there aren't always clear signs and symptoms of breast cancer, self-examinations can often reveal potential trouble. In fact, it's estimated that nearly 70 percent of all breast cancers are found through self-...

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...

If you are ever arrested for a DUI, the last thing you may be thinking about is whether the police officer who arrested you was unlawful in making the arrest. If the officer was unlawful, though, it may be enough to get your charges dismissed. Unless you commit a traffic violation, such as speeding or running a red light, a police officer can only pull you over if he or she has reasonable cause to believe you are driving under the influence. Reasonable cause is a very broad term, but some of the things that police officers look for can include: Swerving Weaving in between lanes Endangering other vehicles Following other vehicles too closely Driving well under the speed limit Erratic braking By exhibiting any of these actions, you can give a police officer reasonable cause to assume you're driving under the influence. If you are pulled over or are stopped at a sobriety checkpoint stop, remember that a police officer cannot search your vehicle without your consent. ...

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 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. ...

Multiple Sclerosis (MS) is a chronic autoimmune disease that attacks the central nervous system, encompassing the brain, spinal cord, and optic nerves. It is generally a progressive disease and may eventually become debilitating for some. Loss of coordination, weakness in the extremities, tremors, vision problems, fatigue, bowel and bladder problems, diminished coordination, difficulty speaking, and depression are a few of its hallmark symptoms. These symptoms sometimes make it a challenge, or impossible, to continue working. Research has shown that roughly 50 percent of those diagnosed with MS will have to leave their jobs within three years of diagnosis. Applying for Social Security Disability (SSD) may be necessary. MS has a specific listing in Social Security's blue book listing impairments. To qualify, you must receive a diagnosis of MS, and your disability must have lasted to be expected to last 12 months or more. You can also qualify under listings of other bodily systems...

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...

If you have a misfortune of suffering injuries as a result of a motor vehicle accident, one of your first priorities is going to be recovering as quickly and fully as possible. The best way to accomplish that goal is to strive to be an ideal patient. Here's what we mean when we say that: Be sure to report all of your symptoms and be completely honsest with your doctor. The key is not to downplay any symptoms (that headache or nagging depression may not seem like a big deal to you, but it could be a sign of a more serious injury), but to also not exaggerate or inflate any symptoms or injuries when discussing them with your doctor. Just be accurate and candid.  When it comes to your appointments, medicines and any treatments, stay on top of things and be inquisitive. Don't be afraid to ask questions about why a particular medicine is being prescribed or why a certain treatment is recommended. Be fully engaged with your recovery.  Carefully follow and adhere to your doctors ...

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...

Traumatic brain injuries (TBI) are responsible for the deaths of approximately 50,000 Americans each year and the hospitalizations of roughly 230,000 more. Many more victims go undiagnosed. Auto accidents are one of the leading causes of TBI. Most TBI's are closed head injuries, which means that trauma sets the brain in motion inside the skull. The brain gets slammed against the interior surface of the skull, resulting in contusions and swelling.  Trauma can also initiate rotational forces that twist and stretch the brain, which can damage axons. Brain neurons send messages via electrical impulses; axons are the carriers of these impulses. When axons are damaged, brain function is diminished.  A condition called diffuse axonal injury (DAI) occurs on a cellular level and leaves blood vessels and major brain structures intact. This type of damage cannot be detected by MRIs or CT scans, making DAI vastly under diagnosed and under treated.  Brain injuries are u...

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?