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Who Is To Blame In A Virginia Pool And Diving Accident?
Understanding Who You Can Hold Accountable for Pool Injuries and Accidents
A fun day in the sun can quickly be marred by a diving accident at the pool. If you or a loved one suffered a diving injury in Virginia, you may be asking, "who is to blame?" There are a number of factors to consider, as each case is different, but the following questions may help point you in the right direction.
The pool owner:
- Did the owner know that the diving board was unsafe?
- Was the diving board and/or pool kept in disrepair?
- Were others injured on the diving board or in the pool prior to the accident?
- Are signs posted that the water is too shallow for diving if a diving board is not present?
The company that installed the diving board:
- Was the diving board installed incorrectly?
- Did a company install a diving board knowing the water was not deep enough?
The manufacturer of the diving board:
- Was there a defect in the board that caused it to malfunction?
The Varying Degrees of Traumatic Brain Injuries in Virginia
With over 1.5 million brain injuries occurring each year in the United States (according to the Centers for Disease Control), they may be more common in Virginia than you might think. Children under two and adults over 60 are at the highest risk for traumatic brain injuries, but there are no age groups immune to the challenges that occur with this type of devastating injury. The majority of brain injuries in Virginia and D.C. are caused by auto or motorcycle accidents. However, not all brain injuries are equal. Traumatic brain injuries are currently classified into two categories: mild and severe. The difference between the two can be seen below:
A mild TBI:
- Loss of consciousness or confusion/disorientation lasts less than 30 minutes
- Headache
- Fatigue
- Visual disturbances
- Difficulty thinking
- Memory problems
- Attention deficits
- Emotional difficulties
- Depression
- Seizures
- Nausea
- Often undetected at the initial time of injury
Significant Breakthrough For Virginia’s Spinal Cord Injury Victims
Scientists claim they have another breakthrough that may help spinal cord injury victims. Neuroscientists from Case Western Reserve University School of Medicine and Cleveland Clinic released their findings recently, creating another hope for those who have lost bladder control due to a spinal cord injury.
In the latest issue of the Journal of Neuroscience, researchers claim to have restored significant bladder function through nerve regeneration in rats with the most severe spinal cord injuries. The procedure used a traditional nerve bridge graft with a combination of scar degrading and growth factor treatments to grow new nerve cells in the lower spinal cord region.
Jerry Silver, PhD, professor of neurosciences at the School of Medicine, remarked, "While urinary control is complex and recovery took several months, it was clear that the primitive function lost to spinal cord injury does possess the capacity to rewire itself, even when a relatively small number of axons are generated."
D.C. Doctor Discovers A Secondary Injury When Concussions Occur
For years, Abby suffered from debilitating headaches, even after recovering from a series of concussions. Doctors prescribed headache and pain medicines but could never pinpoint what was causing her headaches. Thankfully, a D.C. doctor looked further into Abby's pain.
Dr. Ivan Ducic of Georgetown University Hospital was noticing that a number of concussion patients were complaining of lasting headaches, so he investigated further. What he found was that when a concussion occurs, a secondary injury also occurs. Doctors focus on the brain during a concussion injury, but Dr. Ducic explained that the nerves in the upper part of the spine, in the neck, become compressed. They can even become tangled up with tendons in the muscles. The strain and compression causes headaches.
Through research, Dr. Ducic formulated a method to relieve the pressure created by the concussion that could be performed in a simple surgical procedure. He makes two small incisions in the back of the head, creating more space for the compressed nerves to expand. He likened it to loosening a tie that was too tight. It is done through outpatient procedure and lasts only 60-90 minutes. Some feel relief from the day the surgery is performed, but 95% of patients feel relief from their headaches within 2 weeks. After Abby had the surgery performed, she said her headaches were non-existent within a week.
Northern Virginia Beltway Express Lanes Just Got Faster
It's supposed to be smooth sailing for commuters on the 495 express lanes on the beltway soon. On June 24, 2013, the Northern Virginia Beltway will have a speed limit of 65 mph instead of 55 mph. After an investigation by the Virginia Department of Transportation, the study concluded that the increase would benefit drivers of the beltway.
Gov. Bob McDonnell was quoted as saying, "The new speed limit increase will help Northern Virginia Beltway drivers save even more time on their commute. A faster trip on the Express Lanes improves access to key employment centers, sets the region up for growth, and makes Northern Virginia an even more attractive place to live and work."
According to the study conducted by the Virginia Department of Transportation, the average driver currently travels at 65 mph on the beltway, with the flow of traffic between 59 mph and 68 mph. Some question whether the increase will lead to even higher speeds on the express lanes, increasing the likelihood of car accidents. Their thinking is that if drivers are comfortable driving 10 mph over the speed limit, increasing the speed limit to 65 mph may drive the average to 75 mph.
What To Expect With A Brachial Plexus Injury In Virginia
Jenna had a normal pregnancy by all the standards of medicine. In her seventh month, she was told that her baby was measuring a week ahead of her scheduled due date. By her ninth month, she was told she might have a larger-than-average baby. Jenna voiced her concern about having a large baby because she was only five feet tall and weighed 100 pounds before she got pregnant. Her doctor assured her that if the baby was too large to deliver, he would re-evaluate during the delivery process.
One week past her due date, Jenna went in to labor, and after only four hours was ready to start pushing. However, after two hours of pushing, the doctor told her that the baby was "stuck" in the birth canal on her pubic bone. She watched as the doctor exerted great force on her baby's head to get his shoulders to come out. She was greatly relieved when her son was finally delivered and in her arms. His cries were even sweet to her ears. However, Jenna quickly realized that something was wrong with her newborn son. He appeared perfect in every way, except he wouldn't move his left arm. Each time she moved it for him, he cried in pain. Those cries were not so sweet to hear. Jenna soon discovered that her son had suffered a Brachial Plexus injury during delivery and would need surgery to help correct it.
Sharing The Road With Semi-Trucks In Virginia
From country roads to city streets, big trucks are everywhere. The produce you see in the grocery store, the shoes on your feet, and the furniture you are sitting on, all traveled by semi-truck to reach the stores where we shop in Virginia. While many are grateful for the items they bring, sharing the road is a different story. According to the US Department of Transportation, in recent years, there have been more than 400,000 accidents involving big trucks.
Safety on the road is the responsibility of every driver, so here are a few tips to keep you safe around semi trucks in Virginia:
Stay in sight
Large trucks have many blind spots, so make sure you do not follow too closely behind or beside them. Hanging out on the right side of a truck, or close to the rear tires can be dangerous.
Never cut off a semi-truck
It takes trucks twice as long to stop or slow down when compared to a car. Cutting in front of a semi-truck can have fatal repercussions. Trucks do not have energy-absorbing bumpers like cars, and even a moment of distraction for a truck driver can lead to a collision. In every instance, when a car challenges a truck, the truck will always come out on top. According to the Department of Transportation, over 60 percent of truck accidents involve the front of a truck. To pass safely, make sure you can see the entire front of the truck before you enter their lane.
Statute of Limitations for Wrongful Death Claims in Virginia
When a loved one dies, a period of mourning begins. While we all mourn the loss of a loved one differently, it is not uncommon for people to grieve for a lost family member for a long period of time. As a result, days can turn into months and even years before a person is able to think clearly and come out of the sadness and depression that accompanies the grieving process.
For those who are mourning a loved one, the idea of pursuing a claim for wrongful death may be the furthest thought from their minds; however, if a claim isn't filed within a certain time period, a family may be barred from ever pursuing a legal claim. Because it is critical for a family to get justice and to collect compensation for the losses they suffered due to the negligence of another party, it is important to file a wrongful death claim to collect damages.
How Long Does a Family Member Have to File a Wrongful Death Claim?
While waiting a few days or months is perfectly fine, waiting too long to seek legal help or file a claim can harm a grieving family. This is because there are statutes of limitations (time limits) that govern wrongful death claims. In Virginia, the statute of limitations law for wrongful death claims is a period of two years, beginning on the date of the victim's death.
Some Mental Health Issues Associated With Paralysis
We often think of paralysis as being a physical condition. However, due to the major physical changes in the body, mental and emotional complications are also typically suffered by people with spinal cord injuries. In fact, research by the National Center for Biotechnology Information indicates that roughly half of the individuals who experienced spinal cord injuries also suffered from various mental health issues, the majority of whom suffer from depression and anxiety.
Mental Health Can Be Compromised as a Result of Paralysis
A person who suffers from a spinal cord injury endures sudden life changes. Besides the limb paralysis, so many other functions of the body are compromised. Because of the loss of physical movement and function, people who are paralyzed lose much of their independence.That's not the only change. People who deal with physical inabilities may lose their jobs, which impacts their financial situations. Even someone's social roles may change. In going through this sudden life alteration, the way a person views himself may be different than before, and he might question his part in various relationships. A person who has become paralyzed is on a continuous rollercoaster of emotions: sadness, anger, worry, fright, and confusion. This can lead to conditions of depression and anxiety.
What Is Considered Negligent Driving in Virginia?
Whether you were involved in a serious car accident, truck accident, motorcycle crash, bicycle accident, or pedestrian accident, it is more than likely that the accident occurred as a result of someone's negligence. Unfortunately, negligent drivers are one of the main reasons crashes and serious injuries occur on our roads.
Defining Negligent Driving
You may already have a picture in your mind of a negligent driver, but did you know that there are many different behaviors that a driver can participate in that can make him or her negligent behind the wheel? Some negligent driving behaviors can include:
- Distracted driving. Drivers who aren't paying full attention to the road are usually allowing themselves to be distracted by things in their vehicles such as cell phones, food, passengers, and pets. Most distracted driving accidents are caused by drivers who are texting and driving and talking on their cell phones-both handheld and hands-free. According to the National Highway Traffic Safety Administration's guidelines for safe driving, distraction is anything that takes a driver's eyes off the road, hands off the wheel, and mind off of driving.
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.
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