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FDA Gives Doctors New Diagnostic Tools for Concussions
Traumatic brain injuries (TBIs), or concussions, are among the most catastrophic — and the most common — types of injuries that a motor vehicle crash (or other accident victim) can suffer. TBI victims stand the best chance of having a good recovery from their injuries when they are quickly and accurately diagnosed and undergo treatment for their TBI early on.
However, TBIs can be frustratingly hard to diagnose after an accident because the majority of the damage remains hidden inside the victim's skull. Plus, bleeding and swelling in the brain, or axonal shearing can continue long after the initial impact, eventually causing additional brain trauma that can actually be worse than the initial injury.
Hidden Damage
However, bruising and torn nerve fibers in the brain cannot usually be seen on CT scans or basic MRI's. Although more sophisticated imaging techniques (e.g. Diffusion Tensor Imaging MRI, Susceptibility Weighted Imaging, SPECT, etc.) are much better at detecting microscopic injury to axon nerve fibers which often lead to many of the long-term problems suffered by TBI victims, other diagnostic methods traditionally used to assess brain injuries are essentially subjective tests that measure cognitive abilities. These tests can be particularly impractical when someone is brought into an emergency room after a TBI because they rely on the examiner being able to recognize a victim's baseline abilities prior to the injury — something that an ER physician cannot really do. Frankly, it is also impractical when used on people who are highly motivated to hide their injuries — like athletes and soldiers. They simply learn to spit out the "correct" answers so they can get back out with their team or unit.
18 Wheeler Result
Burress Injury Law had the honor of helping a young man who was the victim of a hit-and-run 18-wheeler crash on Sam Rayburn Tollway (121). Our client was driving in the left lane on 121 when without warning, the 18-wheeler driver dangerously cut across 2 lanes of traffic and struck the right side of our client's vehicle. The impact caused our client's vehicle to rotate clockwise, pass in front of the 18-wheeler and across the center and right lanes of the tollway and eventually strike a concrete bridge support pillar head on. Our client catastrophic injuries and could not call 911. Meanwhile, the truck driver fled the scene without rendering aid and no eye-witnesses came forward to identify the driver.
We were fortunate that the client's family retained Burress Injury Law very quickly. Our team sprang into action, obtaining NTTA videos of the crash, and located and inspected the tractor-trailer within days. Inexplicably, the trucking company chose to employ a driver who DID NOT have a Class A driver's License (qualifier to driving the 80,000 lb. tractor/trailer) and moreover, his normal Class C driver's license was suspended for two separate reasons. The truck driver was charged with multiple crimes including a Felony for "Failure to Stop and Render Aid Resulting in Serious Bodily Injury."
What is the worst advice or biggest misconception you read from non-lawyers on the internet or otherwise hear about personal injury claims?
Question: What is the worst advice or biggest misconception you read from non-lawyers on the internet or otherwise hear about personal injury claims?
Answer: There are two, actually. I will address the first one this week. When an injured victim (usually from a car or truck wreck) requests recommendations for a qualified personal injury attorney, Burress Injury Law is very often on that list. However, there will normally be a comment among the recommendations by a lay person (often who works for an insurance company) advising the victim not to retain legal counsel, but to instead just handle the claim directly with the insurance company(s). The comment usually goes on to state or imply that the insurance company will be fair and that it's wise to cut out the attorney (and the attorney fee). This is wrong for the following reasons:
1) First, legal fees in personal injury claims are typically calculated on a contingency basis - meaning unless a recovery is made, no fee is earned. This benefits the victim greatly because in almost every other type of law, you are paying by the hour whether your case is won or lost.
Explaining the Compensation Process in a Personal Injury Claim
In the unfortunate circumstance that you are the victim of any personal injury incident, it's important for your claim (as well as your body) to immediately obtain necessary medical treatment. Hospitals will treat you regardless of whether you have been in a motor vehicle crash or other incident. Primary care physicians and specialists, however, very often refuse to see even long-time patients in these circumstances. Some good personal injury law firms know of quality physicians, therapists and other medical providers who will treat injured victims even without health insurance or up- front payment. Moreover, in the right type of case, most of the post-emergency room treatment can be arranged so that payment is only required if enough compensation from the personal injury claim is obtained (note - there are circumstances in which it is strategically beneficial to utilize health insurance throughout a claim but only in a working minority of claims).
Depending on the injuries, medical treatment can require a few weeks to months, and in more serious cases, lifetime care may be required. Either after medical treatment is completed or the claim begins to approach the statute of limitations, our focus broadens from managing our client's medical treatment to positioning the case in the optimal light to "make you whole," in order to compensate you for your medical expenses and any lingering damages you have from any disfigurement, physical impairment, pain, loss of enjoyment of life, loss of consortium and/or mental anguish. In an ideal world, the insurance company will concede liability on behalf of its insured and pay full value for the claim.
Maximizing the Claim's Value - NOT Settlement - Is Your Goal
If a lawsuit is handled well, the insurance company responsible for paying your claim will resolve the matter through settlement. If they do not, a case will proceed to trial, where it will be your legal team's responsibility to convince a jury to make the insurance companies pay you. This process may seem filled with stops and starts, but it is important to remain patient about that process to maximize your chances to recover the full value of your claim. Before you hire an attorney, there are several things you should consider about the conclusion of a case, in making your decision about who you ask to represent you. At Burress Injury Law, we take great pride in handling our cases with these considerations in mind, and we are happy to visit with you about them.
First, a settlement should not be your attorney's main goal. Less than policy limit settlements could arguably be considered a form of concession by both sides. The insurance company concedes that perhaps the other driver was responsible and that you are owed money. It is also a concession by you that your case is worth the amount that you accept, and not more. Most personal injury cases eventually result in settlements. So why should your attorney not focus on that? If the goal is to simply obtain a settlement - and therefore get paid something - this goal will not result in the insurance companies paying the full amount your claim actually is worth. In nearly every claim made, or lawsuit filed, an insurance company will offer something. An attorney may offer to take a case because something will be offered. Or he or she may think they can likely get a "quick settlement." They might tell you the other side should pay something to make the case go away. However, these statements suggest the attorney is only evaluating whether the case is worth anything, and not anything more.
11 Things An Injured Victim Should Do After A Car Wreck
More than 3.2 million people are injured in car crashes in the United States each year. Many people will get into at least one car wreck in their lifetime, but that does not make the situation any less scary.
Being involved in a car crash is an overwhelming experience that can affect you physically, emotionally and financially. Immediately after a car crash, you will likely have adrenaline coursing through your veins and be facing questions from emergency responders, the at-fault driver and others. It can be hard to remember what to do and say; the sooner you contact a personal injury attorney, the sooner you can get tailored guidance about the best steps to take in your situation.
In cases of serious injury, much of the advice below may be inapplicable. This article is intended for victims who suffer non-life-threatening injuries. In general, to give yourself the best chance of getting both the medical attention and financial compensation you need to recover, we recommend taking the following steps immediately after a crash.
Keep your mind on the road: the dangers of cognitive distraction
In March 2018, a pickup truck driver in a rural area of Texas plowed into a bus carrying Baptist church members who were on their way home from a three-day retreat. Thirteen bus riders were killed in the crash. Near Houston, three teenage girls were killed when the driver of their car veered out of her lane and smashed into an 18-wheeler.
What do these two tragedies have in common? Drivers responsible for the crashes were distracted because they were texting. Nearly 20 percent of all Texas crashes involve distracted driving. In 2017 in Texas alone, 100,687 car wrecks were caused by distracted drivers, which resulted in 444 deaths and 2,889 serious injuries.
According to the National Highway Traffic Safety Administration (NHTSA), there are main types of distracted driving:
- Visual (when you take your eyes off the road)
- Manual (when you take your hands off the steering wheel)
- Cognitive (when you take your mind off driving)
Visual and manual distractions are easily understood, but what exactly is cognitive distraction?
Is speeding to save time worth the risk?
Whether you are running late or just trying to shave some time off your commute, it can be tempting to speed, especially if you see others doing so. But how much time can you really save? And is it worth the risk of a ticket or a wreck?
It is relatively easy to calculate the time saved by speeding while driving at constant speeds for a long period. For example, a 10-mile drive would take 10 minutes at 60 miles per hour, but only about 8 minutes and 34 seconds at 70 miles an hour, a savings of nearly a minute and a half — as long as you can maintain that speed for the entire 10 miles. However, most commutes do not take place entirely on open roads, making it difficult to calculate time savings, especially in urban areas.
A 2015 study conducted in Australia is one of the most comprehensive analyses of how much time is actually saved by speeding in urban areas. Researchers collected data from GPS units installed in the cars of 106 participants over a period of five weeks. The study found that the average driver drove for 5.75 hours per week, but only spent 30 minutes per week speeding. After all, in urban areas there are limited opportunities to speed, given the amount of time drivers spend in traffic, decelerating and stopping.
Who is liable when self-driving cars hurt innocent victims?
In December, a self-driving Chevy Bolt in San Francisco collided with a motorcyclist who was attempting to pass the automated vehicle. The injured motorcyclist is now suing General Motors, which manufactures the self-driving technology, saying that the automated vehicle was behaving unpredictably.
As self-driving technology is developed and tested on roads across the country, incidents like this are raising legal issues that will become increasingly important as driverless cars become more common. Who is at fault when self-driving cars injure innocent people: the person on board, the owner of the car, or the manufacturer of the technology? To some extent, the answer depends on the level of automated vehicle technology in use at the time of the crash.
The levels of automated vehicle technology
We expect a driver using cruise control on the highway to still stay alert and slow down when traffic conditions change. However, when an automated system is monitoring traffic conditions and adjusting the vehicle's speed accordingly, expectations for the human operator start to change.
Wrecks caused by drunk drivers spike over holidays
The cold front that swept the nation at the end of 2017 made roads especially hazardous for holiday travelers. However, one of the biggest dangers around the holiday season has nothing to do with the weather: despite increased enforcement efforts, drunk drivers continue to cause a significant number of traffic crashes in Texas and across the nation.
From Dec. 1, 2016, to Jan. 1, 2017, at least 82 people were killed in crashes related to drunk driving in Texas - about 25 percent of all traffic deaths during this period - and an additional 199 people were seriously injured, according to the Texas Department of Transportation. A total of 2,321 DWI-related crashes were reported in the state during that period.
Data have not yet been released for the most recent holiday season, but we will likely see that drunk drivers caused additional deaths and serious injuries, unfortunately, despite increasing enforcement efforts and campaigns encouraging people to make plans for sober rides home.
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From our offices in McKinney, Frisco, Paris, and Sherman, we serve clients throughout Collin County, Lamar County, Grayson County, and all of the state of Texas, including Plano, Murphy, Allen, Princeton, Prosper, Celina, Carrollton, Denton, Lewisville, Bonham, Dallas, Garland, Melissa, Commerce, Greenville, Rockwall, Richardson, Anna, and Denison.
Results listed are not a guarantee or indication of future case results.
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