Category: Personal Injury

How Do You Prove a TBI?
July 31, 2020 / Personal Injury

How Do You Prove a TBI?

As part of an insurance claim or lawsuit, how do you prove that a TBI (traumatic brain injury) happened? You have the burden of proving you have a TBI and the other party caused it if you want compensation for your injury. There are many ways the harm you suffered can be established through documents and testimony. If you’re a veteran seeking benefits for a service-related TBI, you would need to show its effects to the Veterans Administration (VA). A TBI is usually caused by a violent blow or jolt to the head or body. An object penetrating the skull, entering into the brain, can also create a TBI, according to the Mayo Clinic. A mild TBI may affect you temporarily. More severe injuries can result from bruising, torn tissues, bleeding a[...]


Do I Have a Legal Case if My Child Develops CTE from Sports?
April 29, 2019 / Personal Injury

Do I Have a Legal Case if My Child Develops CTE from Sports?

Thanks largely to the research of neuropathologist Dr. Ann McKee and her team at Boston University’s CTE Center, more and more is becoming known about the connection between sports and CTE, or Chronic Traumatic Encephalopathy. This degenerative disease — caused by repeated concussions and other traumatic brain injuries (TBIs) — is definitively diagnosable only after death, but it has been linked to myriad problems in life, including anxiety, depression, personality changes, and memory and thinking problems. In 2017, Dr. McKee released the results of a study of the brains of former football players. Of the 111 former NFL players included in the research, all but one were posthumously diagnosed with CTE. In 2018, she released rese[...]


August 6, 2018 / Personal Injury

What Does “Loss of Consortium” Mean?

In a personal injury case, most of the damage claims are based on the injuries and suffering of the accident victim; but some damages are based on the suffering of loved ones. One of these types of damages is called loss of consortium. You may have heard the phrase and wondered about it. Generally, loss of consortium is intended to compensate the victim’s loved ones for the repercussions that the victim’s injuries or death have caused. Specifically, it applies to relationship losses that occurred between the accident victim and the loved one(s). While some states permit long-term partners and children to seek loss of consortium damages, in Indiana, loss of consortium is limited to spouses. Damages can be sought for the loss of love, c[...]


June 4, 2018 / Personal Injury

Is Catastrophic Failure Inevitable for Allegiant Air?

If you’re like most people, you look for low fares when you want to fly, and some of the lowest around are found by traveling on the deep-discount airlines Spirit, Frontier, and Allegiant. But a recent report from CBS’s “60 Minutes,” and a prediction by a Kentucky-based pilot and aviation professional, may give you pause if you fly Allegiant Airlines. “A Sense of Urgency” Allegiant is known for making short, nonstop trips at rock-bottom prices that come with few amenities. Locally, Allegiant flies out of the following Indiana airports: Indianapolis, Evansville, Fort Wayne, and South Bend. The airline also runs flights out of nearby Cincinnati and Dayton, Ohio, and Louisville, Lexington, and Owensboro, Kentucky. You may have flow[...]


July 14, 2017 / Personal Injury

Summer Camp Safety for Your Child

Summer camp, whether it is a day camp or an overnight camp, can be a rite of passage for a child. Many anticipate it eagerly and never look back. Others get cold feet as the departure day approaches. If you had good camp experiences, it will be easy for you to reassure your child that they will have fun and not miss you one bit. But before you reach the teary goodbye stage, you should check the camp’s credentials in order to ensure your child’s safety and continued good health. We’re not going to dwell on all the things that can go wrong—as a parent, you probably already have them lodged in your brain. But some camps are clearly safer and better for your child than others, so do your homework. Does the State of Indiana Oversee Camp[...]


February 16, 2017 / Personal Injury

A Look at the Latest Accident and Trauma Statistics

The annual report for 2016 from the National Trauma Data Bank (NTDB) is now published. The latest report updates the biggest compilation ever assembled of U.S. and Canadian registry data for trauma, containing over 7 million records. The report is generated by the American College of Surgeons (ACS) Committee on Trauma (COT), whose primary missions are to: Improve prevention of injuries Improve care for injured patients Develop and implement significant trauma care programs. Acting as the principal repository for national trauma registry data, their intent is to inform medical personnel, policy decision makers, and the public about the many issues involved in caring for the injured. Medical areas impacted by this report include injury [...]


January 20, 2017 / Personal Injury

The Ultimate Child-Safety Checklist for Your Home

Injuries are the leading cause of death among children. While many of these injuries occur in schools, playgrounds or motor vehicles, they can also happen in our own homes. Parents strive to make their homes as safe as possible for their children, yet not all dangers are as obvious as others. From burn injuries to accidental poisoning, there are several risks that parents should address on their home’s safety checklist. Without further ado, here are a few of the biggest risks that you can address around your house. Suffocation and Choking Hazards Choking and suffocation-related injuries are a top cause of injuries among infants. Don’t share a bed with your infant. Equip your child’s crib with a mattress that is the appropriate siz[...]


October 26, 2016 / Personal Injury

Play Pokemon Go, But Do So Safely

The augmented reality game, Pokemon Go, blends the real world with the virtual world. It quickly became the No. 1 app in the Apple store after the game’s release during July of 2016. Most of us don’t understand how the heck the software makers have managed to create the real world-virtual world mélange, but is sure is fun. Unfortunately, Pokemon Go, despite being a good thing because it gets people out and about instead of sitting in front of screens, carries some hazards. Don’t Get Physical (Injuries) If you’re actively pursuing Pokemon, remember to watch where you’re going. Numerous reports of cuts, bruises, ankle sprains, and even broken bones have occurred. People chasing Pokemon have been walking into objects, tripping over [...]


September 23, 2016 / Personal Injury

Do We Have a “Flint Situation” Here in Indiana?

A shocking story out of East Chicago, Indiana: The West Calumet Housing Complex, a largely low-income residential property, was built on a former lead smelting company’s site. Over 1,000 residents are now forced to leave because of the perilously high levels of lead in the soil. For decades children have been playing in the toxic dirt. Then in July, 2016, the Environmental Protection Agency (EPA) notified residents about the problem. The EPA had discovered that the lead levels in soil samples were generally three times higher than the federal safety standards. In some areas of the complex, the levels were even greater. The complex was built in 1972. In 2009, the EPA designated 74 acres of the Calumet neighborhood a Superfund cleanup sit[...]


September 12, 2016 / Personal Injury

A “Gotcha” in Nursing Home Contracts?

The use of contracts with binding arbitration clauses has become commonplace for everything from cell phones to matters potentially concerning life and death, such as nursing home contracts. But contracts containing binding arbitration clauses are a minefield for the average person. When you sign a contract containing a binding arbitration clause, you are waiving your right to bring a suit. You must instead accept the decision of the arbitrator in case of a legal conflict; the arbitrator’s decision is final. That means any decision reached in binding arbitration cannot be overturned or reviewed in court except in extremely limited situations, generally those involving fraud or breach of power. Binding arbitration clauses are now routine[...]


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