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CHAPTER FOUR

Common Injuries

Just as all accidents differ, so do personal injuries. Injuries in virtually the same accident can differ from person to person. Movement of our bodies in an automobile accident can cause severe neck and back injuries depending on the position you were in at the time of impact. If you are injured in an accident, it is important to seek both medical and legal attention immediately.

Neck and Back Injuries

Is there a difference between soft tissue injury and bulging or ruptured disks? What is whiplash? How would I know if I have sustained nerve damage?

Whiplash

The movement of a human body in an automobile accident alone can be the cause of many different injuries. These include whiplash, which can also occur in slip or trip and fall accidents. Whiplash causes injury to the neck and back. But whiplash does not occur in every car accident or slip and fall as every person is different. Whiplash can include injuries to small nerves which tear due to the movement. When these injuries occur, the severity often depends upon the magnitude of the accident, as well as the personal physical condition of the individual at the time of the accident. The specialty that studies movement and effect of the human body is called biomechanics. Often, to prove the severity of these injuries, which cannot be seen, an attorney retains an expert in biomechanics.

Muscle Ligament and Injuries

The most common accident related injuries are those involving the muscles. These injuries are caused from a lack of blood supply to a muscle, including the heart, after insult to the muscle tissue. Muscle disorders, such as tears or sprains, are common in accidents and can result in bleeding into the muscle tissue. Healing can lead to scar tissue forming in the muscle, which shortens the muscle's length. Blunt muscle injuries can result in a hematoma from bleeding into the interior area of a muscle. For more information on muscle and ligament injuries, contact The LoBELLO LAW FIRM, at 702.870.8000.

Herniated and Bulging Disks

Injury to the soft disks between the vertebra (bones) of the spine can be extensive and complex classifications of soft tissue injury. There are several variations of disk injuries. Some accidents can cause disks to bulge out from their normal space, other accidents can result in actual rupture to the disks, and herniations of the disks. The type of disk injury is determined by not only severity of the symptoms but by diagnostic tests such as CT (computerized tomography) or MRI (magnetic resonance imaging) scans. If tests are positive for bulge or herniation, a neurological consultation should be scheduled immediately to assure prompt and appropriate care. If tingling or numbness is felt, these are signs of nerve injury, and legal attention is as important as medical treatment.

Disk injuries are often quite serious and result in long-term effects on every aspect of a person's life. Immediate medical evaluation, treatment, and documentation of the problem by a medical specialist of any serious disk injuries is crucial to a successful outcome of a case. Whether the case is resolved by settlement or trial, the initial steps are vitally important. The evaluation and analysis of accidents involving disk injuries generally consider your past, present and future medical, emotional, and financial needs into account.

Fractures/Broken Bones

In any accident, no matter why it occurs, bones fracture or break. These injuries can be very serious as even simple fractures cause severe pain, and can lead to deformity and loss of range of motion. The most serious of the fracture of bones are "compound" fractures, where the broken bone actually pierces through the skin. Because these are serious injuries, and because of possible future complications, anyone who has sustained fractures of any type in an accident should immediately speak to a professional Personal Injury attorney who is experienced in litigating these cases.

A consultation is a discussion in which you should tell the attorney everything you can recall about the accident and the resultant injury. The attorney will always ask questions to gain a better and more complete understanding of what happened. Always mention if a bone has been previously broken as these facts will ultimately surface later, and it is always better to know and confront adverse facts. Mark A. LoBello, Esq., an experience Personal Injury Attorney considers all of the facts, and is then better equipped to advise whether you have a case or not. Mark A. LoBello, Esq. will also be able to tell you what facts may prevent you from having a good case; or the facts which bear adversely on your case, if any. An Attorney who tells you only the GOOD and none of the BAD is only doing half the job. There are states were your own negligence might prevent recovery of any damages. In others your claim can be reduced if a comparison of the negligence shows that your fault was somewhat more than that of the person who injured you.

Can Other Injuries Result from an Accident?

Can a head trauma, or injury to the brain caused by accidents be life threatening?
Does it have to be life threatening to be serious?
What are the types of damages recoverable when brain damage has occurred?


Head Injuries

In Personal Injury law, among some of the most severe and debilitating injuries are those involving injury to the brain. These injuries are life-altering, and the victims may need specialized care, but will definitely require qualified legal representation. Generally there are two major types of head injury: an open head injury or penetrating injury, (one that penetrates or opens the skull) or a closed head injury (where injury to the brain results, without an opening in the head).

A penetrating head injury, occurs, for example, from a gun shot wound; where the scalp and skull are opened, and brain injury results from the path of a bullet traveling through brain tissue. Because the resulting brain damage is related to a specific trajectory - the path of the bullet - this type of injury is categorized as a focal brain injury.

In a closed head injury, which can occur in a rear-end automobile impact, and which can result with or without striking the head, or in a blunt trauma to the head the area of injury is less specific and more difficult to locate. Closed head injury can result from the head being caused to rapidly snap back and forth. The hyper-extension hyper-flexion motion creates a rotation of the brain and brain cells in the skull. The forces caused by quick rotational motions can cause sheering of the cells called axonal injury. However, any type of head injury results in a tremendous variety of neurological problems.

People who have been involved in any type of motor vehicle crashes can sustain mild traumatic brain injury, without striking the head. However, even mild or moderate traumatic brain injuries can be devastating and permanent. It is debatable, even among the medical community whether a loss of consciousness is necessary or not, if you have had a loss of consciousness or suffered a concussion in the accident, a brain injury has occurred. A concussion, by definition is a closed head injury.

Symptoms of these injuries include memory loss, headaches, fatigue, loss of concentration, and some personality changes. These can be evidence of serious brain injury. But, in order to be sure about the extent of injury and damage, and the long-term effects, it will be necessary to undergo neurological and neuropsychological testing and evaluation by trained professionals.

If you are suffering from one or more of these symptoms as a result of an accident, you should immediately contact an experienced attorney who practices in this area of personal injury law. Please feel free to se the link below to send an email to THE LoBELLO LAW FIRM.

Burn Injuries

In the U.S., each year people are burned badly enough to require medical treatment or admission to a hospital. Automobile accidents account for good percentage of the more serious burn injuries. Bad burns can require years of grafting and other surgical intervention by medical specialist. And, even after medical treatment these victims may need specialized nursing care or long-term physical and psychological treatment. Burn injuries can result in years of treatment, skin grafting and repair as well as cosmetic surgeries if the victim of severe burns survives. If not, the burn case may become one for wrongful death and presents other unique problems.

For more information consult with The LoBelllo Law Firm, by calling 702.870.8000.

Amputations

Amputations are the literal removal of an injured body part which is beyond repair. However, in some cases, the amputation, or loss of a limb or part of a limb can be traumatically induced, rather than planned medically. If for example, a machine which has been negligently designed maintained crushes an arm, the doctors may want to remove the arm because it is beyond repair, even with micro-surgical techniques in use today. However, in a case where the machine literally takes the arm off, the result is referred to as a traumatic amputation. These cases are difficult to deal with only because they potentially involve the severity of the injuries, but also the extraordinary nature of the evidence and proof necessary to establish the cause of injury.

If you or a loved one requires such an amputation steps need to be taken to protect your financial interests. (See Trusts section of this website) Injuries or even malpractice can lead to an amputation and may be grounds for a personal injury claim. You should always consider consulting an experienced personal injury lawyer. A medical malpractice suit may be brought against a physician who has failed to use reasonable care in treating you, if that failure was the reason for the amputation, or other damages. An act negligence may have been the cause if lack of proper and accepted skills, meeting the standard of care were not used.

Death

When a family member or loved one is killed in an accident, the last thing you may want to think about is a legal claim. However, if death was caused by the intentional, reckless, negligent or careless fault of another, spouses and other heirs and survivors may be entitled to compensation for medical bills, loss of support, and other emotional damages.

If someone you know has been killed in an accident, it is important to seek the advice of an experienced personal injury Attorney, early on, so that evidence and testimony is not lost.

Wrongful Death

People die every day; what is meant by wrongful death. In personal injury law, an unexpected death whether caused by negligence, recklessness, carelessness or even an intentional act is said to be wrongfull. This can be the death of a husband, wife, or other family member, and its consequences. The person causing the death is said to have caused it "wrongfully", and, the law allows the survivors to recover monetary damages.

While we recognize that no amount of money damages can ever replace the life of a loved one, monetary compensation this is about the only way our legal system has for the surviving victims of another's negligence. As is the case in other personal injuries, such as a car accident, where compensation of money damages may not make an injured person "whole". Money damages is many times the only way to provide for the financial future of the surviving children and other family. Suits for wrongful death also cause companies and individuals who act unsafely, or who produce a product which is unsafe, act in a safer and more responsible manner so as to prevent such tragedies in the future. Wrongful death can arise from a wide variety of different circumstances, from a negligent or intentional shooting to a defective product. In the case of a criminal act, such as a shooting, the "shooter" may be liable under the criminal laws, as well as the civil laws. So a "shooter" may do time in jail, and may also be liable to pay money damages.

Wrongful death lawsuits must also be filed within the time limits prescribed by state law, called "statutes of limitation". It is important therefore, to be informed about your rights early on. Consult with a qualified and competent attorney. The LoBello Law Firm can be reached by email or at 702.870.8000.

Damages for Death

While no amount of money can replace a loved one, the law does provide certain rights to survivors and/or heirs if the wrongful conduct of another has resulted in the death of a loved one. Personal injury law provides that death of a family member, if caused by the fault of another can result in financial hardship, including medical expenses, loss of earnings, and future revenues, and many other elements of loss and damage. In addition the law generally allows claims for lost intangible aspects of the relationship, including loss of companionship, comfort, love, affection, and guidance.

A personal injury Attorney experienced in these cases uses several factors to assess the value of a wrongful death case. Looking to the deceased's age, sex, health, physical and mental characteristics, occupation, contributions to the family, and the relationships with other family members is important. Damages may include past as well as future losses. But delay can jeopardize your claim.

Survivors Rights

Loss of a loved one may create legal rights for surviving family members. These are commonly referred to as "survivors' rights". Depending on the law of the state in which death occurred these rights are brought on behalf of the decedent by the estate and/or the surviving family members. Claimants can include a surviving spouse, child, parent, and brothers/sisters. Knowing what law applies is important to the case, and wrongful death can be a very complicated area of the law. It is essential to immediately consult with Mark A. LoBello, Esq., of The LoBELLO LAW FIRM, experienced in death claims. It is important that immediate steps be taken to investigate all of the relevant circumstances surrounding the death.

e-mail: mlobello@lobellolaw.com

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