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–Injury Lawyers

Recognizing the Signs of a Traumatic Brain Injury

July 25, 2016 Hirsch & Lyon Injury Lawyers, Serious Injuries

According to the Centers for Disease Control (CDC), an estimated 1.7 million people sustain traumatic brain injuries (TBIs) in the United States every year. Over 50,000 of these people die as a result of their injuries. Roughly 80 percent of people who sustain TBIs seek treatment in emergency rooms. The remaining 20 percent might never even realize they’ve been seriously injured.

Brain MRI scan showing traumatic brain injury

The symptoms of TBIs are varied and not always immediately apparent to the injured party. In some cases they can take days or weeks to appear. That’s why it’s essential for people to seek treatment any time they’ve sustained a head injury, even if it doesn’t seem very serious at the time. It’s also important for people to educate themselves about the signs and symptoms of TBI so that they can recognize them in the event that they or a loved one has a head injury. According to the CDC, TBI symptoms typically fall into one of four categories.

Cognitive

After sustaining a TBI, you may have difficulty concentrating or thinking clearly. You may also have trouble retaining new information. Many people report a general feeling of mental “sluggishness” when trying to think and reason after sustaining a TBI.

Physical

Nausea and vomiting soon after a head injury are tell-tale signs of a TBI. Later on, headaches, blurred vision and increased sensitivity to light can manifest as symptoms as well. Dizziness, balance issues and lack of energy are also fairly common physical TBI symptoms.

Emotional

These symptoms can be especially disruptive and hard to identify. After a TBI, you may feel unusually irritable, upset and prone to mood swings. Some people also report increased anxiety and nervousness. Be careful not to write these emotional symptoms off as ordinary moodiness; they could be signs of a serious brain injury.

Sleep-Related

You should pay close attention to any changes in your regular sleep cycle following a head injury as well. In some cases, TBI victims will suffer from insomnia. In others, they’ll sleep for hours at a time and still feel exhausted when they wake up.

Finally, you should seek medical attention any time you lose consciousness as a result of a head injury. Even if it’s only for a few seconds, loss of consciousness is indicative of a TBI. When it comes to brain injuries, it’s always best to err on the side of caution.

The Most Dangerous Time of Year for Teen Drivers

June 16, 2016 Hirsch & Lyon Car Accidents, Injury Lawyers, Serious Injuries

A few weeks ago, millions of Americans came together to observe Memorial Day with friends and loved ones. Burgers were grilled, pools were opened and the sacrifices of the brave men and women of the armed forces were commemorated. In addition to being the unofficial start of summer, Memorial Day marked another important annual milestone as well – the beginning of the 100 deadliest days for teen drivers.

Statistically speaking, the period between Memorial Day and Labor Day is the most dangerous time of year for teens to be on the road. During this period, when the weather is nice and schools are closed for the summer, teens tend to spend more time behind the wheel, increasing their risk of getting in an accident. On average, about 1,000 people die every year in accidents involving teenagers during these 100 deadliest days.

Teen driver at the scene of a car accident

The Most Dangerous Time of Year for Teen Drivers With this in mind, it’s imperative that parents of teenagers remind them about the additional risks associated with driving this time of year. According to AAA, distracted driving is the most common cause of accidents involving teen drivers. Cell phones, in particular, tend to be especially dangerous distractions for teens behind the wheel.

Parents should set clear safety expectations for their teenage drivers, and do their part to practice what they preach as well. If your teenager sees you checking text messages while you drive, they’re more likely to do the same when they get behind the wheel. You can also download an app like AT&T Drive Mode to automatically disable incoming smartphone alerts while driving. The app can also send parents a text message if the app is turned off or disabled on their teenager’s phone.

Want to learn more about how to educate your teenager about safe driving habits? Check out these helpful guidelines from the National Highway Traffic Safety Administration!

Who may Sue or get Sued for Wrongful Death?

February 22, 2014 Hirsch & Lyon Injury Lawyers, News, Wrongful Death

One of the most painful things to experience during a lifetime is to lose a loved one to an accidental death. The unexpected demise of a family member is unfortunate and shocking. Death always brings grief, but it is easier to cope with when caused by long known or natural causes. People of different ages die a wrongful death in fatal auto accidents every day. It is indeed heartrending when someone’s minor negligence or wrong decision becomes the means of ending a life. The death of a single person affects multiple lives in more than one way. The deceased could a parent, spouse, child, sibling, partner, guardian, and/or caretaker having various financial and emotional obligations.

Wrongful death counts as a case of personal injury, where the victim himself/herself cannot demand compensation. As replacement, immediate relatives or dependents are eligible to file a claim, so long as they fulfill the quota of the deceased’s ‘survivors’. Legal compensation for a wrongful death typically provides coverage for funeral expenses, lost wages/income of the deceased, and value of companionship.

Who may Sue for Wrongful Death?

The so-called ‘survivors’ are the ‘real parties in interest’ for a wrongful death case. The scope of the ‘real parties in interest’ varies from state to state. The certified and experienced Personal Injury Attorney in Boston, MA can explain the local laws governing your case and help you file a claim or lawsuit. All states approve immediate family members as survivors; this includes the spouse and children, or parents if the person was unmarried.

There are cases of wrongful death where the deceased’s parents are no longer alive, and they did not have a legal partner and/or children. Many states allow unmarried partners to claim compensation, especially if they are the parent of the deceased’s biological child or children. A putative spouse and minor adopted/fostered children previously dependent on the deceased’s income also possess the right to demand compensation. Legal guardianship automatically grants children a share in estate as well, even if they are not related by blood.

If the deceased has no partner or kids outside of marriage, then some states may consider distant relatives like siblings and grandparents. These relatives should bring a wrongful death lawsuit if they were raising the victim, or were financially dependent on them. Several states allow parents to file a claim for wrongful death if their baby dies during or shortly after delivery at the hospital due to medical malpractice.

Who may get Sued for Wrongful Death?

Wrongful death cases are complicated, especially where there are multiple stakeholders involved. Sometimes, it becomes difficult to demonstrate ‘probable cause’ to incriminate the defendant or place the burden of liability on a single party. For example, if your loved one got into an accident with a slightly impaired rideshare driver who was driving an unstable car on a damaged road, you might blame one or more of the following:

  • The driver who was fatigued or driving under the influence of a drug/alcohol
  • The rideshare company for approving an unreliable driver and/or vehicle
  • The car manufacturer for the defective design
  • The municipal authorities for lack of road maintenance

As you can imagine, there could be a number of factors that contributed to the accident. It is also possible that the deceased was partially at fault; for example, they might be distracted right before the accident happened. Nonetheless, your loss is undeniable and an experienced personal injury attorney can get you the compensation you deserve.

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