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Five Things You Need To Know To Pursue A Catastrophic Injury Claim
Unfortunately, accidents are a common occurrence in everyone's lives. We trip on our own shoelaces when they have come undone, we drop things on our feet, and sometimes accidentally walk into walls when we're distracted. These are simple errors that generally cause more harm to our dignity than anything else.
However, severe accidents such as car collisions, burns, or head injuries can result in both catastrophic personal injuries but monumental financial harm as well. Therefore, if you have suffered a permanent injury due to someone else's negligence, errors, or mistakes, and if you are finding it hard to pay your medical expenses, a catastrophic personal injury lawsuit may be worth pursuing.
When deciding whether you should file a catastrophic injury claim in Virginia, you should first ask yourself the following questions:
- Was my injury caused by negligence, or the fault of someone (or something) out of my control?
Medical Malpractice Can Include Dental Negligence
Having dental work done isn't as feared as it once was due to better technologies and medications, but many people still dread going to the dentist-and rightfully so. Tooth extractions, fillings, root canals, crowns, bridges, implants, braces and any type of oral surgery is often associated with pain, and pain is the main reason why people want to avoid the dentist.
Although dental work isn't as painful as it once was, even routine procedures can end up causing a patient lifelong complications. When pain or injuries occur during a dental visit or oral surgery, it is possible that dental malpractice could have occurred.
What Is Dental Malpractice?
Dental malpractice is defined as a dentist, oral surgeon, orthodontist, periodontist, dental hygienist, or dental assistant providing sub-standard care to a patient that results in harm. Dentists and those who practice dental medicine are required to provide patients a certain level of care, just as physicians do. In fact, they have a duty to comply with the conventional standard of care when providing dental services to patients-meaning that they need to provide care at the same level another prudent dentist in the area would provide under the same set of circumstances. If they fail to do so and harm occurs as a result, patients have the right to file medical malpractice lawsuits against their dentists.
The Understated Spinal Cord Injury In Virginia: A Herniated Disc
It is said that one in four Americans suffers from back pain on a daily basis. They have learned to accept it as common, but others have been truly debilitated by their pain. Following an accident, were you left with a recurring pain attributed to a herniated disc in your spine? While you might be grateful that you do not have to suffer with paralysis, you suffer nonetheless.
Around each vertebrae is a fluid-filled disc that protects the bones of the spine. When that disc bulges or ruptures, it is said to be "herniated." It is often caused by accidents that cause a sudden jarring of the spine. When the vertebrae or sac of fluid pushes on nerves, it causes intense pain. Since the spine runs from the base of the skull down to the tailbone, there are a variety of symptoms associated with a herniated disc. Depending on the location of your spinal cord injury, you may experience any of the following:
If the herniated disc is in your neck:You may have pain or numbness in your shoulders, arms, or chest
Anoxic Brain Injury—A Result Of Medical Malpractice
Whether mild, moderate, or severe, the results of a brain injury are never good. Some brain injuries are due to being struck in a car accident or the result of a slip and fall incident. However, certain brain injuries can occur due to a lack of oxygen to the brain. When the brain is prevented from receiving the oxygen it so desperately needs, brain damage is the result.
Understanding Anoxic Brain Injury
The brain is the command center of the body. Through its neurotransmitters, the brain sends messages to the body, controlling and producing hormones and regulating body functions. When the neurons die, this chain of sending and receiving messages is disrupted, thus preventing the body from functioning normally.
One of the primary causes of brain cell death is a lack of oxygen. Brain cells that receive low levels of oxygen for only four minutes begin to die. According to the Brain Injury Foundation, after five minutes with little to no oxygen, permanent brain damage occurs. Anoxic brain injury is the medical term describing the damage that happens when the brain does not get the oxygen it needs. When an anoxic brain injury occurs, it is caused from a total lack of oxygen, which can cause permanent disabilities and/or death.
Three Common Types Of Damages Awarded In Brain Injury Lawsuits
No two brain injuries are the same, which is why it stands to reason that no two brain injury cases would have identical financial recoveries. For this reason, it is best that those who have suffered brain injuries and their families understand the types of damages that can be recovered through a brain injury lawsuit.
When pursuing financial compensation for any type of injury, the legal term for the monetary award is damages. In law, recovering damages can vary depending on the type of injury, extent of injury, current loss of money the injury caused, and future losses caused by the injury. For brain injury survivors, these losses can be quite large as a result of life-altering changes-which is why brain injury survivors and their families need to understand all of the types of damages that can be pursued.
Three Types of Damages
Generally, there are three types of damages that can be awarded in personal injury lawsuits. They are special damages, general damages, and punitive damages.
What You Need To Know After A Head-On Accident
One of the most severe types of motor vehicle accidents is a head-on collision. Although motorists can suffer injuries even in minor crashes, injuries tend to be worse when two vehicles heading in opposite directions hit each other head-on.
As a result of the force involved in front-end impacts, head-on accidents are often devastating collisions involving massive damage and catastrophic injuries. Whether a victim suffers a traumatic brain injury, spinal cord injury, amputation, paralysis, disfiguring injury, or other disabling injury, a person's life can forever be changed following a head-on crash. Sadly, head-on collisions are often fatal.
Causes of Head-On Collisions
It is important that victims of head-on accidents know about some of the common reasons these types of collisions occur. It's probably no surprise, but head-on accidents typically take place due to driver negligence, such as:
- Drowsy driving. This is when drivers are so tired, they cannot think straight, see correctly, or react quickly. Unfortunately, their ability to drive safely is negatively affected and they may drive over the center line.
What Families Need To Know About Their Loved One’s Brain Injury
When someone sustains a traumatic brain injury (TBI), the survivor isn't the only one affected-the family of the survivor is also impacted. According to Headway, The Brain Injury Association, families are often underprepared to deal with the effects of a TBI.
What Families Should Know Immediately After a Brain Injury
During the immediate aftermath of a brain injury, it can be overwhelming and confusing for families to watch their loved ones being treated with life-saving equipment in emergency rooms or intensive care units of hospitals. Because of this, many families freeze up and are filled with anxiety, fear, and sadness. Although these are common feelings for families of brain injury survivors to experience, it can be helpful to know what to do during this trying time. Some things you can do include:
- Read up on TBIs
- Keep track of questions
Untreated Placenta Damage Could Mean Tragedy For Your Child
Pregnancy is an extremely emotional and stressful period. Every cold, every twinge, and every visit to Inova can cause a surge of panic over whether or not your child is healthy. You tell yourself that as long as you follow the books, eat well, and stay healthy, your baby will grow healthy and active within you. However, your baby may not be receiving all of the necessary nutrients you're providing if your placenta is damaged or insufficient.
Diagnosing Placental Insufficiency
A damaged placenta usually doesn't cause physical symptoms for the mother; instead, it requires internal examinations to be assessed and diagnosed. Unfortunately, this can cause a delay in diagnosing since your doctor will only be able to see it through an ultrasound.
- After about four months, during each visit, your doctor should measure the size of your uterus to make sure it's growing normally.
- If it isn't normal, an ultrasound should be ordered to assess the uterus placental growth and placement.
Three Factors Involved In A Jackknife Truck Accident That Victims Should Know About
Any type of traffic accident involving a commercial truck has the potential to be severe in nature due to the weight and size of a large truck and the type of damage these huge vehicles can cause. However, jackknife truck accidents are some of the most catastrophic due to the fact that 80,000 pounds of metal can suddenly and forcefully swing into another vehicle.
What Is a Jackknife Truck Accident?
Because large trucks are made up of two parts-a cab and a trailer-they can fold in on each other where those two parts come together. When this happens, a truck's trailer swings out to the side and forms a 90 degree angle, which looks like that of a pocketknife blade folding into the handle. Thus, this type of accident has become known as a jackknife accident.
Although jackknife collisions don't occur that frequently on our roads, they do happen from time to time. And for those motorists sharing the road when a truck jackknifes, it can mean catastrophic injuries and fatalities.
What You Should Know Before Settling Your Malpractice Case Without An Attorney
Many people attempt to settle their legal cases on their own because they aren't sure if they need a lawyer and they don't want to pay legal fees. While there are some straightforward cases involving minor injuries that may be okay to settle without the help of an attorney, most medical malpractice cases require the help of a skilled lawyer due to the complexity of the law.
Be Aware of the Risks of Settling on Your Own
If you are thinking about settling a medical malpractice claim on your own, you need to be aware of the risks involved when you work without a lawyer, including the following:
- Not receiving the full value of your claim. Insurance companies for the hospital or the doctor involved in your case will want you to talk to their insurance agents as soon as possible in an attempt to get you to settle quickly. They do this to prevent you from hiring a lawyer who could help increase the value of your claim. A knowledgeable lawyer will know how to strengthen your claim to get you the most compensation possible. For example, if you accept a quick settlement before your full injuries are known, it can prevent you from collecting further compensation down the road. An attorney would know this and would know what your case is truly worth. By working with a lawyer instead of attempting to settle your case on your own, you can rest assured that you will get the right amount of money to pay for your medical bills as well as to compensate you for your pain and suffering.
703-591-0067
10513 Judicial Drive, Suite 200, Fairfax, VA 22030
703-591-0067
From our office in Fairfax, Shevlin Smith, P.C. serves clients throughout Northern Virginia and Washington, D.C., including Alexandria, Annandale, Arlington, Ashburn, Burke, Centreville, Dale City, Fair Oaks, Leesburg, Manassas, McLean, Oakton, Reston, Springfield, and Woodbridge, as well as Fairfax County, Arlington County, Fauquier County, Loudoun County, and Prince William County.
Results listed are not a guarantee or indication of future case results.
