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What to Do After a Personal Injury Accident in VA
People suffer injuries far too often in normal everyday activities such as driving or walking. Although injured victims should be compensated for their injuries and losses, many people jeopardize their own injury claims because of a simple slip of the tongue or mistake they make. This is why it is very important that people find out what steps they should take and what actions they should avoid following a motor vehicle accident, pedestrian accident, slip and fall accident, accident involving a defective product, or even an incident of medical malpractice.
When people make the wrong move after suffering injuries, it is possible they can negatively affect their claim and damage the amount of compensation they can recover. In fact, it is possible that a mistake can wipe out someone's chances of making any type of financial recovery altogether. Because we don't want you to make critical mistakes that can hurt your personal injury claim, we have a list of things you should do and shouldn't do following an injury.
Mental Collisions: How Car Accidents Can Psychologically Affect You
When you're in a car accident, hundreds of thoughts run through your head: What's happening? Am I going to survive this? Is everyone else okay?
Your brain becomes overwhelmed and can't process what is going on. Once the accident is over and everyone's injuries have been assessed and taken care of, your brain can then start to try to make some sense of what happened. However, sometimes the brain can't fully or easily process the event. This can lead to traumatic psychological issues that, without help, can haunt you every time you set foot into a car.
Psychological Effects Following a Car Accident
Car accidents are extremely traumatic because not only do you suffer from the pain of your physical injuries, but also your memories can cause further damage even after your wounds have healed, Every time you get into a car, your brain may automatically and uncontrollably remember details of your accident. These memories can cause:
Reasons to Seek Legal Advice After Wrongful Death
If you lost a family member in an accident due to someone else's negligence or recklessness, you may wonder if you have a solid wrongful death claim. Because wrongful death cases are complex in nature, it is essential to seek legal advice for the reasons listed here.
Why Seek Legal Help?
- You might not know how to pursue your claim. An attorney can immediately start building your case and taking legal action. Lawyers experienced in wrongful death cases have the resources needed to get witness statements and evidence necessary to establish a strong case.
- You might not know what your case is worth. While it may seem like common sense to seek reimbursement for your loved one's medical bills, funeral and burial expenses, and potential future income, you may also be entitled to receive compensation for your pain and suffering and emotional losses. Unfortunately, insurance companies do not pay top dollar for these losses. Because these losses are harder to put a dollar amount on, an experienced attorney can help determine the right monetary figure to fight for so that your family can receive the maximum compensation.
Our Virginia Car Accident Lawyer Discusses The Importance Of Seat Belt Use For Keeping You And Your Passengers Safe
It is a widely known fact that seat belts save lives. According to the Centers for Disease Control and Prevention, motor vehicle crashes are the leading cause of death in the United States. Furthermore, statistics show that more than 50 percent of drivers and passengers killed in motor vehicle crashes over the past years were not wearing seat belts. Sadly, our Virginia motor vehicle accident attorneys have seen the impact that a devastating car crash can have on an individual and his or her family, and we know the importance of wearing a seat belt. Nobody plans on being in a car accident, but being cautious and practicing safe habits while driving can save your life. Not only can a seat belt protect you from serious injury, it can also protect you from dying if you are in a serious crash.
How Seat Belts Save Lives
Our Washington, D.C., car crash lawyer explains how a seat belt can keep you safe and save your life if you are in a crash:
- Keeps the driver and passengers inside the vehicle instead of being thrown from the car
$765 Million Settlement Too Low For NFL Brain Injury Suit
Football is a time-honored tradition for millions of households in the United States. The Superbowl alone averages 100 million viewers per year, and with new shows like "Friday Night Tykes," it's obvious the tradition is starting younger and younger.
The National Football League made nearly $10 billion dollars last year alone, but at what cost? According to lawsuits filed by 4,500 previous players, all diagnosed with permanent brain trauma, the cost is enormous.
The brain can only take so much before it starts to bruise, swell, and possibly hemorrhage. However, when it's your job as an NFL player to take hits day in and day out or to be forced to play through a concussion, the damage significantly increases. The result-as was the case for the 4,500 claimants-can be permanent brain damage.
The lawsuits, filed with the assumption that it would take several years and billions of dollars to settle, had a breakthrough late last year. In August 2013, the NFL made a preliminary blanket settlement of $765 million. NFL executives stated they would contribute the money to provide medical benefits and injury compensation for all qualified retired NFL players, to fund medical and safety research, and to cover litigation expenses for the next 65 years.
Republicans Propose To Limit Medical Malpractice Settlements
Pursuing a medical malpractice claim can be extremely taxing. However, if you have a good case, good representation and your doctor was indeed negligent, your settlement should reflect appropriate compensation for your trauma.
But, after all you've gone through, what if the settlement isn't enough to pay your bills? And the gap exists because of politics, not because your doctor wasn't at fault or because the judge didn't feel you deserved more.
Health care has always been a sensitive subject in Washington. It has become even more politicized and controversial since President Obama's Affordable Care Act. One of the concerns associated with the ACA is a possible increase in liability for health care professionals, resulting in an increase of medical malpractice claims.
The theory is, since the ACA provides incentives to those who follow higher standards of healthcare, the baseline for "standard" care is blurred. The standard for those who choose to follow the ACA guidelines will inherently be higher than those who aren't following the same guidelines. This will ultimately affect the overall belief of what constitutes customary care and cause an increase of malpractice claims due to the failure of physicians to follow the now obscure definition of standard care.
Catastrophic Injury Affects Both Health And Financial Independence
When you're in a serious accident, the only thing on your mind is, "How bad is it?"
Once you get to the hospital, you anxiously wait for the doctor's assessment, hoping for the best. For some, the result is merely some aspirin, a few stitches, and a bill for a few thousand dollars worth of treatment. For those who suffer catastrophic harm or serious permanent injuries, the result can be a lifetime of pain and costly treatments.
Depending on your injury, treatment can vary drastically in cost as well as duration. Some permanent injuries such as burns can be initially treated at a low cost. However, disfigurement is a common occurrence and may require plastic surgery, subsequently raising the cost dramatically. Other injuries, such as brain and spinal cord traumas, require continuous care and expensive treatments, sometimes for the rest of your life.
The average cost for the five main catastrophic injuries are as follows:
- Spinal cord injuries: $50,000 to $200,000 annually, depending on severity and treatment options
SCI Victim Regains Partial Spinal Sensation With Therapy
A global spinal cord injury (SCI) stem cell trial-originating in Switzerland but currently focused in Canada-has recently seen extraordinary results.
Stem cell research, although controversial, has been the most exciting developmental research of the past decade and has provided invaluable insight into cellular growth and regeneration. This insight is extremely important for those who suffer from paralysis and spinal cord injury, because it may help prove that stem cells can help SCI victims regain sensory perception.
To determine if neural stem cells are a viable treatment for spinal cord injuries, the University of Calgary as well as the University of Toronto has begun stage II trials to build on the research from Zurich. Not only does this expand the trial data, but it will also help further the reach for potential volunteers and help showcase the results on an international scale. The hope is that by the completion of the study, the collective data will show that damaged or lost tissue can be regenerated by injecting stem cells into the spine.
Court Reduces Damages Awarded For Birth-Related Malpractice
On January 10, 2014, the Virginia Supreme Court upheld an appeals ruling in the malpractice case of Marsha Simpson and her 12-year-old daughter, Marissa.
The decision was a result of a Virginia law that protects physicians from being liable for malpractice damages exceeding a specific allotted amount. Although a jury awarded the Simpsons $9 million in damages in 2012, the law states that the highest amount a patient can actually receive is $1.6 million.
The Virginia Supreme Court agreed with the appeal and significantly reduced the damages awarded to the Simpsons.
The initial lawsuit focused on the negligent care provided to Ms. Simpson in 2001, when she was eight months pregnant with Marissa. Simpson, who suffered from gestational diabetes, underwent an amniocentesis procedure recommended and performed by Dr. David Roberts. During the procedure, complications arose, causing Dr. Roberts to hand the case over to a colleague, Dr. Jay Terry, for an emergency C-section. Marissa was delivered alive; however, due to the complications, she was born with cerebral palsy and kidney failure. As a result of the negligent medical care and its consequences, a 2012 jury awarded the Simpson's $9 million in damages.
Diagnostic Medical Negligence Is On The Rise. Are You A Victim?
When you're ill and you go to the hospital, you expect your doctor not only to know what is wrong with you but also to treat it to his best ability. However, your odds of receiving this type of care have drastically decreased within the last 10 years. Diagnostic negligence has become the number one form of medical malpractice in the United States, with most cases involving diagnostic errors for cancer. This increase not only affects the trust you have with your doctor, but a delayed or missed diagnosis can lead to prolonged illness or in some cases fatal consequences.
Diagnostic Negligence is a Common Medical Malpractice Claim
Forty percent of all medical malpractice claims center around diagnostic negligence. One reason for this high percentage may involve the increased chances of human error when diagnosing an ailment. We recognize that a healthcare facility may often have a fast-paced environment, high levels of stress and emotion, and confusion-and any of these could promote errors. Unfortunately, negligence, ill-informed decisions, and incompetence can also occur throughout the diagnostic process. Your doctor must be 100 perfect focused and open-minded during the entire process, from start to finish. This process includes:
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.
