Saturday, 24 of June of 2017

Tag » injuries

New Rule Should Make It Easier For Veterans With TBI To Receive Disability Benefits

By Randy Appleton, VA/NC Brain Injury Lawyer

What Happened:

Thanks to a recent rule change by the Department of Veterans Affairs, those veterans who have suffered brain injuries will soon have an easier time receiving disability benefits for illnesses that relate to their traumatic brain injury.

Under the proposed new rule, five illnesses will be accepted as secondary disorders related to traumatic brain injury. These five include: Parkinson’s, unprovoked seizures, dementia, depression and certain hormone deficiencies.

Changing how these diseases are categorized means that veterans who can establish that they suffered a brain injury in the line of duty no longer have to prove that the head injury caused the secondary illness. This little change means that thousands more troops will now be able to receive disability benefits.

The only caveat to the new change is that service members will have had to suffer what is described as either moderate or severe traumatic brain injury. Many patient advocates hope the VA eventually changes these rules to include all who have suffered any TBI, regardless of the severity.

The recent attention surrounding brain injuries in the military has become more pronounced after the Iraq and Afghanistan wars. Many have said that TBI is the signature wound of both battles due to the high number of roadside bombings. The Congressional Research Office reported in 2010 that there had been 178,876 cases of TBI reported since 2000. Of those, 137,000 were deemed only to be mild.

The Virginia Injury Lawyer’s Perspective:

Those who have suffered a traumatic brain injury are at risk of changes to many aspects of their lives, from personality and mood to impulse control. These symptoms may be temporary or could last a lifetime. It is important that those suffering from a traumatic brain injury receive immediate medical attention and continue to follow-up with therapy as needed.

Given that this condition could be very long lasting, those living with a traumatic brain injury may incur significant medical expenses. If you or a loved one have suffered this type of injury, it is important to speak to a knowledgeable Virginia traumatic brain injury attorney to determine if you should file a lawsuit for financial compensation.

Helpful Info:

If you or a member of your family has been affected by traumatic brain injury, you can begin to learn about your legal rights and options to file claims for compensation by downloading this free guide.

Have Questions?

You can learn even more by reading through our online library of attorneys’ answers to frequently asked questions regarding head and brain injury lawsuits

CA

About the Editors: The VA-NC brain injury lawyers at Shapiro, Lewis, Appleton & Favaloro have experience handling traumatic brain injury and general head injury cases. Our head injury attorneys achieved the largest verdict in Virginia’s history for a brain-damaged client in 2000. The initial award of $46 million rose to $60 million with interest when an appeal was settled confidentially. Check out our other case results to see our track record of success in brain injury and other lawsuits. We have offices in Virginia Beach and Hampton, Virginia (VA), along with an office in Elizabeth City, North Carolina (NC). Attorneys with our firm have been listed among the Best Lawyers in America since 2008. Attorneys with our personal injury law firm have also been named Virginia Super Lawyers since 2010, an honor fewer than 5 percent of practicing attorneys receive. To get more information about traumatic brain injury law and what to do after an accident, take a look at this free consumer guide written by a brain injury attorney who is licensed in VA and NC.


Woman Dies From Traumatic Brain Injuries Suffered in Portsmouth, VA Car Crash

The fatal Nov. 19, 2012, accident occurred at the intersection of Portsmouth Boulevard and Martin Avenue after one driver turned into the path of the other.

By Shapiro, Lewis & Appleton, Fatal Brain Injury Attorneys

An early morning car crash in Portsmouth, Virginia (VA), on Nov. 18, 2012, left one woman dead from traumatic brain injuries. According to police reports cited by the Virginian-Pilot, the fatal accident occurred when the driver of an Oldsmobile turned into the path of a Kia. The Kia flipped over after the collision.

No charges have been filed, as law enforcement personnel continue to try to determine whether the turning driver failed to yield right of way or whether actions by the woman who lost her life contributed to causing the collision. The person behind the wheel of the Oldsmobile was not injured.

 


View Larger Map

The Virginia Brain Injury Lawyers’ Perspective

Traffic accidents are a leading cause of TBIs, and those head and brain injuries too often prove deadly. This is especially true when a vehicle rolls over or winds up on its roof. Even when drivers and passengers are wearing seat belts or, if they are children, strapped into safety seats, people in a rolling car or truck have little head protection.

If investigators find that the Oldsmobile driver caused the Kia to flip over, the deceased woman’s family may have grounds for filing a wrongful death claim.

Potentially Helpful Info

If your spouse or child suffered any kind of brain injury in a traffic accident caused by another driver, download this free report written by Virginia personal injury and wrongful death attorneys to begin learning about your legal rights and options for holding the responsible person accountable for the suffering he or she created.

Have Questions? Check Out Our Firm’s FAQs.

You can learn more about head and brain injury cases by reading through our online library of lawyers’ answers to frequently asked questions.

EJL

About the Editors: The VA-NC brain injury lawyers at Shapiro, Lewis & Appleton have experience handling traumatic brain injury and general head injury cases. Our head injury attorneys achieved the largest verdict in Virginia’s history for a brain-damaged client in 2000. The initial award of $46 million rose to $60 million with interest when an appeal was settled confidentially. Check out our other case results to see our track record of success in brain injury and other lawsuits. We have offices in Virginia Beach and Hampton, Virginia (VA), along with an office in Elizabeth City, North Carolina (NC). Rick Shapiro and James Lewis have been listed among the Best Lawyers in America since 2008. They, along with fellow attorney Randy Appleton, have also been named Virginia Super Lawyers since 2010, an honor fewer than 5 percent of outstanding attorneys receive. To get more information about traumatic brain injury law and what to do after an accident, take a look at this free consumer guide written by a brain injury attorney who is licensed in VA and NC.

 


Fall, Brain Injury Risks Prompt Recall of Graco Classic Wooden Highchairs

The potentially dangerous products were made in China.

By Shapiro, Lewis, Appleton and Favaloro, Dangerous and Defective Product Attorney in Virginia

Reports of 58 falls and 24 injuries to babies and toddlers, including at least one concussion, prompted the recall of some 86,000 Graco Classic Wooden Highchairs sold in the United States between September 2007 and December 2010. About 3,600 chairs were also sold in Canada.

The potentially dangerous products were made in China. According to the Consumer Product Safety Commission, screws and a bracket that hold the seat on the legs can fail, sending infants tumbling. Full details on which models of the high chairs should no longer be used without being fixed and what parents need to do to get a repair kit are available on the Graco website.

 

 

The Virginia Personal Injury Lawyer’s Perspective

As a personal injury attorney in Virginia (VA) and a mother, I take children’s safety very seriously. I applaud any company that acts to alert consumers about known or potential dangers from baby and child products, then offers solutions. Graco does not appear to have waited too long to announce this high chair recall, but it is concerning that 54 infants and toddlers got injured due to a design defect that can be resolved by installing updated hardware.

The report of the concussion is particularly troubling. Understanding of the long-term negative effects of even seemingly minor brain juries has increased dramatically in the past few years. One thing that has become clear is that young children are particularly susceptible to concussions and can experience difficulties with learning and mental development if the injury does not fully resolve.

Potentially Helpful Info

If your child has suffered injuries from a recalled product, you can download this free report to begin learning about your legal rights and options for holding the company that made or marketed the defective or dangerous item accountable for the harm the product caused.

Have Questions? Check Out Our Firm’s FAQs.

You can also learn more about head and brain injury lawsuits by reading through our online library of lawyers’ answers to frequently asked questions about such cases.

EJL

About the Editors: The VA-NC brain injury lawyers at Shapiro, Lewis & Appleton have experience handling traumatic brain injury and general head injury cases. Our head injury attorneys achieved the largest verdict in Virginia’s history for a brain-damaged client in 2000. The initial award of $46 million rose to $60 million with interest when an appeal was settled confidentially. Check out our other case results to see our track record of success in brain injury and other lawsuits. We have offices in Virginia Beach and Hampton, Virginia (VA), along with an office in Elizabeth City, North Carolina (NC). Rick Shapiro and James Lewis have been listed among the Best Lawyers in America since 2008. They, along with fellow attorney Randy Appleton, have also been named Virginia Super Lawyers since 2010, an honor fewer than 5 percent of outstanding attorneys receive. To get more information about traumatic brain injury law and what to do after an accident, take a look at this free consumer guide written by a brain injury attorney who is licensed in VA and NC.


Important Information Regarding Children And Traumatic Brain Injury

By Randy Appleton: Traumatic Brain Injury Attorney

What Happened:

Head injuries are not something to take lightly. The CDC estimates that 1.7 million people in the country sustain a traumatic brain injury every year, and these injuriescontribute to a third of all injury-related deaths in the United States.

Children, especially those between the ages of 0 and 4 and the ages of 15 and 19, are the most likely to sustain these injuries, which is why education about the dangers ofhead injuries is so important. Because of the long-term effects that head injuries can have, parents should learn all they can about this common childhood injury.

In children, head injuries often occur while they are playing. Falls on the sports field, tumbles while riding a bike and trips while climbing outdoors are all common causes. For this reason, children should wear protective helmets whenever possible. Parents need to make sure that helmets are being used when their children participate in rough sports events or when riding wheeled toys, such as bikes, scooters and roller skates.Head injuries also frequently occur as a result of car accidents, especially whenchildren are not properly restrained. Proper use of child safety seats can help protectchildren against serious brain injury in a car accident.

Though head injuries affect all children, a recent Reuters article mentioned the findings of a study published in the Archives of Pediatrics & Adolescent Medicine which shows the treatment for such injuries may not be uniform across the different races. Researchers looked at brain injuries and treatment of children and discovered differences based on the race of the injured child.

According to the research, white children get CT scans more often following minorhead injuries than the children of the other races. The study found that 42% of whitechildren brought in for minor head trauma got CT scans while only 28% of black and Hispanic children brought in for minor head trauma received such scans.

Some may think this means that hospitals are giving better treatment to white children, but the results indicate that unnecessary CT scans can actually be dangerous to thechildren receiving them. In this case, more treatment is not better treatment and can actually lead to medical mistakes and dangerous radiation risks.

So what’s the reason for the gap? Researchers are not sure, but think that parental anxiety levels play a role in the rate of CT scans given to children. Such anxiety is understandable given that what makes head injuries so scary is the fact that you cannot see what is going on inside your child’s head.

The Virginia Injury Lawyer’s Perspective:

Given the terrible, life-altering risks associated with traumatic brain injury, especially inchildren, it is important that those suffering from a traumatic brain injury receive immediate medical attention and continue to follow-up with therapy as needed. What may appear to be a minor fall could actually be the start of a serious brain injury. That is why all head injuries should be checked by a skilled doctor, just to make sure there are no long-term effects. If another individual caused the injury, parents should also consider talking to a lawyer about any further steps they need to take to protect theirchild’s rights.

Given that this condition could be very long lasting, those living with a traumatic braininjury may incur significant medical expenses and loss of income. If you or a loved one have suffered this type of injury, it is important to speak to a knowledgeable Virginiatraumatic brain injury attorney to determine if you should file a lawsuit for financial compensation.

Helpful Info:

If you or a member of your family has been affected by traumatic brain injury, you can begin to learn about your legal rights and options to file claims for compensation bydownloading this free guide.

Have Questions?

You can learn even more by reading through our online library of attorneys’ answers to frequently asked questions regarding head and brain injury lawsuits.

CA

About the Editors: The VA-NC brain injury lawyers at Shapiro, Lewis & Appleton have experience handling traumatic brain injury and general head injury cases. Our head injury attorneys achieved the largest verdict in Virginia’s history for a brain-damaged client in 2000. The initial award of $46 million rose to $60 million with interest when an appeal was settled confidentially. Check out our other case results to see our track record of success in brain injury and other lawsuits. We have offices in Virginia Beach and Hampton, Virginia (VA), along with an office in Elizabeth City, North Carolina (NC). Rick Shapiro and James Lewis have been listed among the Best Lawyers in America since 2008. They, along with fellow attorney Randy Appleton, have also been named Virginia Super Lawyers since 2010, an honor fewer than 5 percent of outstanding attorneys receive. To get more information about traumatic brain injury law and what to do after an accident, take a look at this free consumer guide written by a brain injury attorney who is licensed in VA and NC.


Surprising Survey Results Indicate Serious Head Injury Risk in Airplanes

By Rick Shapiro, Traumatic Brain Injury Lawyer

A recent survey was conducted on the occurrence of head injuries when passengers are entering and exiting airplanes. The survey featured responses from over 1,000 flight attendants from regional aircraft companies. The results are rather shocking when it comes to the risk of suffering a serious head injury:

Survey results - Virginia head injury lawyer blog
 

 

 

 

 

 

 

Survey results - Virginia head injury lawyer blog

 

 

 

 

 

 

 

 

 

 

 

Survey results - Virginia head injury lawyer blog

 

 

 

 

 

 

 

 

 

 

 

The Takeaway

These survey results indicate that action needs to be taken to reduce the occurrence and risk of head injuries when people enter and exit a commercial aircraft. The fact that nearly 98 percent of respondents have witnessed someone hit their head when entering or exiting a plane is a strong indicator that it may just be a matter of time before someone suffers a serious head injury, and potential brain damage, while attempting to board, or exit, a commercial aircraft.

 

About the Editors: The VA-NC brain injury lawyers at Shapiro, Lewis & Appleton have experience handling traumatic brain injury and general head injury cases. Our head injury attorneys achieved the largest verdict in Virginia’s history for a brain-damaged client in 2000. The initial award of $46 million rose to $60 million with interest when an appeal was settled confidentially. Check out our other case results to see our track record of success in brain injury and other lawsuits. We have offices in Virginia Beach and Hampton, Virginia (VA), along with an office in Elizabeth City, North Carolina (NC). Rick Shapiro and James Lewis have been listed among the Best Lawyers in America since 2008. They, along with fellow attorney Randy Appleton, have also been named Virginia Super Lawyers since 2010, an honor fewer than 5 percent of outstanding attorneys receive. To get more information about traumatic brain injury law and what to do after an accident, take a look at this free consumer guide written by a brain injury attorney who is licensed in VA and NC.

PA


Players Fight Back Against NFL’s Lack of Action over Traumatic Brain Injuries

By Shapiro, Lewis, Appleton and Favaloro, Brain Injury Attorney

My colleague published an article in the Legal Examiner discussing the recent lawsuit filed by more than 2,000 players and 1,500 family members claiming that the National Football League (NFL) did not do enough to inform them of the serious risks of head injuries or to protect players from traumatic head wounds and brain damage. The consolidated complaint combines 80 separate lawsuits to help expedite the pretrial process. To learn more, read the story here:

 

The Game Changer

 

About the Editors: The VA-NC brain injury lawyers at Shapiro, Lewis & Appleton have experience handling traumatic brain injury and general head injury cases. Our head injury attorneys achieved the largest verdict in Virginia’s history for a brain-damaged client in 2000. The initial award of $46 million rose to $60 million with interest when an appeal was settled confidentially. Check out our other case results to see our track record of success in brain injury and other lawsuits. We have offices in Virginia Beach and Hampton, Virginia (VA), along with an office in Elizabeth City, North Carolina (NC). Rick Shapiro and James Lewis have been listed among the Best Lawyers in America since 2008. They, along with fellow attorney Randy Appleton, have also been named Virginia Super Lawyers since 2010, an honor fewer than 5 percent of outstanding attorneys receive. To get more information about traumatic brain injury law and what to do after an accident, take a look at this free consumer guide written by a brain injury attorney who is licensed in VA and NC.


Child Injured While Riding Bike Without a Helmet in West Virginia

A car collided with the girl as she was riding along heavily traveled Mount Vernon Road in the town of Teays Valley.

By Randy Appleton, West Virginia Brain Injury Attorney

A bike accident in Putnam County, West Virginia (WV) that sent an 11-year-old girl to a nearby hospital with injuries has brought charges of criminal neglect against the child’s father. According to police reports, a car collided with the girl as she was riding along heavily traveled Mount Vernon Road in the town of Teays Valley during the evening of March 22, 2012. The youngster was trapped under the car’s bumper and dragged several feet before the driver could stop.

The girl was not wearing a helmet, which is required safety equipment for any bicyclist younger than 15 years of age in West Virginia. While the child does seem to have been spared a brain injury, the high risk for that outcome and the fact that her parents were not supervising her at the time of the accident led police to file charges against the father.


View a larger map of where a car struck and injured an 11-year-old girl in Teays Valley, WV.

The driver who hit the bike rider and caused the girl significant bruising and scrapes was not cited for a traffic violation. That would not necessarily prevent the injured child’s parents from filing a personal injury claim, especially if signs of physical or mental disabilities persist or appear over time.

But what strikes me as the real story here, as an attorney who has represented both children and adults who have suffered traumatic brain injuries, is that any parent would allow a child to ride a bike while not wearing a helmet. Head protection is required by law because helmets absolutely save bicyclists’ lives. Regardless of the outcome of the criminal neglect case against this girl’s father, I see it as a very good sign that police take the West Virginia bike helmet requirement so seriously.

EJL

About the Editors: The VA-NC brain injury lawyers at Shapiro, Lewis & Appleton have experience handling traumatic brain injury and general head injury cases. Our head injury attorneys achieved the largest verdict in Virginia’s history for a brain-damaged client in 2000. The initial award of $46 million rose to $60 million with interest when an appeal was settled confidentially. Check out our other case results to see our track record of success in brain injury and other lawsuits. We have offices in Virginia Beach and Hampton, Virginia (VA), along with an office in Elizabeth City, North Carolina (NC). Rick Shapiro and James Lewis have been listed among the Best Lawyers in America since 2008. They, along with fellow attorney Randy Appleton, have also been named Virginia Super Lawyers since 2010, an honor fewer than 5 percent of outstanding attorneys receive. To get more information about traumatic brain injury law and what to do after an accident, take a look at this free consumer guide written by a brain injury attorney who is licensed in VA and NC.


Distracted Driving Accident Victim Speaks Out

The Chapel Hill, NC, woman is advocating for a ban on cell phone use while driving.

By Randy Appleton, Virginia Brain Injury Lawyer

An attorney with the Shapiro, Lewis & Appleton has written about the serious risks associated with distracted driving, focusing specifically on a woman walking to class who was hit and seriously injured by a driver she suspects was distracted at the time. The pedestrian crash victim is now an advocate for banning cell phone use while driving. To learn more, read “Chapel Hill, NC Crash Victim Calls Distracted Driving a ‘Prescription for Tragedy’.”

PA

About the Editors: The VA-NC brain injury lawyers at Shapiro, Lewis & Appleton have experience handling traumatic brain injury and general head injury cases. Our head injury attorneys achieved the largest verdict in Virginia’s history for a brain-damaged client in 2000. The initial award of $46 million rose to $60 million with interest when an appeal was settled confidentially. Check out our other case results to see our track record of success in brain injury and other lawsuits. We have offices in Virginia Beach and Hampton, Virginia (VA), along with an office in Elizabeth City, North Carolina (NC). Rick Shapiro and James Lewis have been listed among the Best Lawyers in America since 2008. They, along with fellow attorney John M. Cooper, have also been named Virginia Super Lawyers since 2010, an honor fewer than 5 percent of outstanding attorneys receive. To get more information about traumatic brain injury law and what to do after an accident, take a look at this free consumer guide written by a brain injury attorney who is licensed in VA and NC.


North Carolina US 258 Accident Involving Bulldozer Leads to Injuries

Reports indicate the bulldozer operator did not have his lights on and no reflectors.

By Shapiro, Lewis, Appleton and Favaloro, Injury Attorney in North Carolina

My colleague Kevin Duffan has written about a recent accident in North Carolina (NC) that occurred on US Highway 258 involving the driver of a Ford sedan and a bulldozer operator. Reports indicate the bulldozer operator did not have his lights on and no reflectors to illuminate the vehicle for oncoming traffic. To learn more, read “Accident on US Highway 258 Causes Serious Injuries.”

PA

About the Editors: Shapiro, Cooper, Lewis & Appleton is a law firm whose attorneys focus on injury and accident law and have experience handling traumatic brain injury and general head injury cases. Check out our case results to see for yourself. Our primary office is in Virginia Beach, Virginia (VA) but we also have an office in Elizabeth City, North Carolina (NC). Our attorneys achieved the largest verdict in Virginia’s history for a brain-damaged client in 2000. The initial award of $46 million rose to $60 million with interest when an appeal was settled confidentially. Rick Shapiro and James Lewis were included in the 2011 issue of Best Lawyers in America. They, along with fellow attorney John M. Cooper, were also named 2011 Virginia Super Lawyers for Personal Injury Law, an honor which fewer than 5 percent of outstanding lawyers receive. Our injury lawyers also host an extensive injury law video library on Youtube. Further, our lawyers proudly edit the Virginia Beach Injuryboard, Norfolk Injuryboard and Northeast North Carolina Injuryboard blogs as pro bono public information services. While not every brain injury case meets our criteria, if you or a loved one is thinking about taking legal action against a possibly at-fault person or company that caused your injury, call our office at (800) 752-0042 for a free consultation. If you cannot get through due to high call volume, be sure to leave a voicemail. We will return your call.


Teen Suffers Head Injury While ‘Car Surfing’

The 17-year-old from Gastonia, NC, fell off the roof of a car in a high school parking lot.

By Rick Shapiro, Traumatic Brain Injury Attorney

My colleague John Cooper has posted a new blog to our law firm’s Carolina personal injury layers’ website about a teenager who sustained a serious head injury when he fell off the roof of a moving car. The 17-year-old appears to have been involved in the dangerous game of “car surfing,” leading to his injury in a school parking lot in Gastonia, North Carolina (NC).

DM

About the Editors: Shapiro, Cooper, Lewis & Appleton is a law firm whose attorneys focus on injury and accident law and have experience handling traumatic brain injury and general head injury cases. Check out our case results to see for yourself. Our primary office is in Virginia Beach, Virginia (VA). Our attorneys achieved the largest verdict in Virginia’s history for a brain-damaged client in 2000. The initial award of $46 million rose to $60 million with interest when an appeal was settled confidentially. Rick Shapiro and James Lewis were included in the 2011 issue of Best Lawyers in America. They, along with fellow attorney John M. Cooper, were also named 2011 Virginia Super Lawyers for Personal Injury Law, an honor which fewer than 5 percent of outstanding lawyers receive. Our injury lawyers also host an extensive injury law video library on Youtube. Further, our lawyers proudly edit the Virginia Beach Injuryboard, Norfolk Injuryboard and Northeast North Carolina Injuryboard blogs as pro bono public information services. While not every brain injury case meets our criteria, if you or a loved one is thinking about taking legal action against a possibly at-fault person or company that caused your injury, call our office at (800) 752-0042 for a free consultation. If you cannot get through due to high call volume, be sure to leave a voicemail. We will return your call.