The answer is different for everyone, and experts warn that it's hard to know for certain. There are definitely cases that looked hopeful at the beginning, but in which the person never regained that skill, and there are cases that looked hopeless where the person was eventually able to walk again.
]]> One thing that's important to note is that the longer an injury lingers without healing, the lower the odds that it will deal. For example, 24 to 36 months after the injury, if muscles still are not working properly, experts say the odds are very slim that they'll ever start to function again.That's not to say it's impossible, but experts like to see improvement in the first few months. Even minor improvements can be a great sign, indicating that significant improvements over time are far more likely. If nothing changes at all for 12 months, that could indicate that the loss of function is permanent.
Again, that doesn't mean healing can never happen, but it's critical to be realistic with yourself when facing these types of catastrophic injuries. There may be a point where you need to stop focusing on healing and start focusing on adjusting to living with the injury.
Plus, you may have a right to financial compensation if someone else caused the injury. If so, knowing if your condition is permanent or not can play a huge role in how much compensation you deserve.
Source: Craig Hospital, "Incomplete Spinal Cord Injuries: The Early Days," accessed July 06, 2017
]]>This is done, in theory, to encourage production. The problem, though, is that it may encourage speeding. If a trucker knows that he or she can earn more by breaking the speed limit, risks may be taken when the trucker would just set the cruise control at a safe limit if he or she were being paid by the hour.
]]> You may think it doesn't make that much of a difference, but remember that truckers drive all day. While going just five or 10 mph over the limit doesn't seem like it'd cover a lot of extra ground, it can after a day of driving. This just adds up as the days, weeks and months go by.Plus, truckers often run into delays, for which they're not paid. A trucker gets to the warehouse and the shipment isn't ready for a half an hour. He or she gets stuck in traffic for two hours. A crash up ahead shuts down the highway for the afternoon.
After these delays, truckers may then be tempted to speed simply to make up ground that they lost. They were counting on that money, budgeting around it and the delays cost them.
Naturally, speeding does make accidents more likely. If a truck driver takes unneeded risks trying to make up time or earn more -- or both -- and you're injured in an accident, it's important to know if you have a legal right to financial compensation.
Source: LA Times, "Op-Ed Why paying truckers by the mile is unfair and dangerous," Larry Kahaner, accessed June 30, 2017
]]>If your car accident and associated injuries were the direct result of another party's negligence, reckless or unlawful activity, you might be able to pursue a personal injury lawsuit to recoup your medical expenses. Indeed, medical expenses tend to be the most important part of any car accident damage claim.
]]> Here is a list of the typical kinds of medical expenses that Alabama plaintiffs will claim in their lawsuits:-- Costs associated with doctor consultations and consultations with other medical professionals and specialists;
-- Costs associated with surgeries
-- Fees for ambulance services
-- Emergency room costs
-- Costs for various medical tests, blood tests and biopsies
-- Therapy costs for physical rehabilitation
-- Therapy costs for cognitive rehabilitation in brain injury cases
-- Costs associated with permanent disability, which may require in-home services and home modifications;
-- Damages related to disfigurement; and
-- Costs associated with crutches, wheelchairs and other medical accessories.
The above list is by no means complete. Injurious car accidents in Alabama will usually have some unique medical expenses associated with them. This is why most car accident plaintiffs choose to consult with an experienced car accident lawyer, such as those at Johnston Moore & Thompson, who can help plaintiffs determine the most appropriate strategies for pursuing the financial damages they're owed.
]]>The unexpected death of a family member can result not only in emotional and mental suffering, but also in financial suffering as well. From medical bills to loss of income, there are multiple ways that this incident could impact your family. You can learn what you can do to potentially recover these losses by reaching out to an experienced Alabama attorney as soon as possible.
]]> What will make my wrongful death claim successful?The person appointed the representative of the decedent's estate may file a wrongful death claim on behalf of the surviving family members. In order for this type of civil action to move forward, the following elements must be present:
Many times, a wrongful death claim is appropriate after a fatal car or truck accident, but you may also consider this step if your loved one died due to an occupational accident or illness, medical malpractice or criminal activity, among other things.
Should you file a survival action?
In some cases, surviving family members may file a survival action. This could be a reasonable course of action for your family if you believe that your loved one suffered significant personal injury before his or her death. On behalf of that individual, you may be able to seek damages related to degree of consciousness, pain and suffering and apprehension of impending death.
The recovery your family deserves
Moving on after the death of a loved one is never easy, especially when your family is also dealing with significant financial strain. This is not an easy time, but you have the right to secure legal support as you navigate the complicated process of filing a civil claim.
If you believe that you should file a wrongful death claim after the death of a loved one, you would be wise to reach out for the help of an experienced attorney and seek a complete evaluation of your case.
]]>Two types of premises liability lawsuits you may not have considered:
]]> -- Firearm accidents: We've all heard the horror stories about a child getting a hold of a loaded gun and accidentally shooting it. Guns can also go off without warning while in the hands of an adult, and completely by accident.When firearm accidents happen at someone's home, or at a shooting range, the accident and resuling injuries may be covered by premises liability law. Injured victims who got caught in the crossfire may be able to file a claim with the insurance company that insured the home or business where the incident occurred.
-- Pool catastrophes: Barefooted swimmers, wet pool decks and cement pools offer a dangerous combination that frequently results in trips, slips and falls. Pools are also a source of numerous drowning incidents -- especially when a young child wanders onto the property of a pool owner who failed to place a protective border or fence around the pool.
When a personal injury claim is filed regarding a pool-related accident, it is usually classified under premises liability law. Victims of pool drownings, pool-related slips and falls and other pool accidents may have strong claims to pursue financial damages in court.
Huntsville residents hurt on another person or business' property may want to act as soon as possible to pursue a premises liability claim relating to their accident and injuries. Statutes of limitation apply to all Alabama premises liability claims, meaning that you will only have a limited period of time in which to file your legal claims for compensation.
]]>Whiplash is known as a "soft tissue injury" in the medical field. A soft tissue injury isn't one that affects the bones, but rather the softer tissues of muscles and ligaments.
]]> When a car accident happens, a vehicle that may have been traveling at a fast speed will come to a stop very quickly. This action exerts intense gravitational forces on the occupants of the vehicle. Often the head and neck will jerk forward and back with a lot of force at the moment of the initial impact, and during any other subsequent impacts. This action can strain the muscles and ligaments, causing tearing, ripping and other damage to these soft tissues.Sometimes, the effects of whiplash are not immediately apparent. Just like it takes a day or so for you to feel sore after physical exercise, it might take a day or so for the symptoms of your whiplash to manifest. These symptoms can be extremely painful -- even permanent -- resulting in chronic headaches, neck pain, back pain and other difficulties.
If you've suffered a whiplash injury, it's important to seek medical attention immediately. You may also have a viable claim to pursue personal injury damages in court if another party was to blame for your accident. An Alabama personal injury attorney can assist you in evaluating the potential strengths and weaknesses of such a lawsuit.
Source: FindLaw, "Whiplash related injuries," accessed June 09, 2017
]]>Due to these unsightly "road gators," retreaded tires have long received a bad reputation. The reputation is now even worse due to competition from Chinese tire manufacturers that can build and sell a brand new truck tire for only slightly more than the price of a retreaded tire. The thing is, some say that these Chinese-made new tires may not be as reliable as a retreaded higher quality tire.
]]> Tires, nevertheless, may be retreaded up to two times, and this may be a better option than taking a risk on a cheaper, imported one. There is also the fact that a retreaded tire is better for the environment. A retread needs approximately seven gallons of oil, and a new tire requires approximately 22 gallons of oil. It also saves on landfill waste as old tires will be saved and reused again. If retreading companies can convince trucking companies that retreads are the way to go, it will help to provide more security to the approximately 50,000 jobs that the industry supports.Although retreaded tires do have a lot of advantages, trucking companies need to take care that they service their retreaded tires in a timely fashion to avoid the tires falling apart and leaving dangerous debris on the road. If a motorist gets into an accident and suffers injuries as a result of this debris, the injured motorist will likely have a viable personal injury claim to pursue financial damages in court.
Source: Rubber News, "Retreaders still searching for industry's respect," May 12, 2017
]]>When a spouse files a loss of consortium claim, the claims are usually included in the injured spouse's personal injury claim. As such, the uninjured spouse may be named as an additional plaintiff in the court filing. Loss of consortium claims may refer to the loss of a sexual relationship, companionship, affection, parenting, care and other domestic benefits.
]]> Courts will try to establish a value on these losses, which -- in the case of domestic benefits like house cleaning, cooking and child care -- may be quantifiable in monetary terms. In terms of affection and sexual relationship, the losses will be more abstract in nature. However, courts will still strive to assign a fair monetary value to the loss.Here are a few important issues that may come into play when spouses try to prove a loss of consortium claim:
-- Was the marriage loving, stable and likely to last?
-- What level of spousal benefits did the uninjured spouse receive from the injured spouse prior to his or her injuries?
-- What is the life expectancies of both spouses?
If you feel you have a viable claim for loss of consortium, you may want to talk with your Alabama personal injury lawyer about the topic. Your lawyer can provide valuable insight regarding your potential loss of consortium claims.
Source: FindLaw, "How to Prove Loss of Consortium in a Car Accident Claim," accessed May 25, 2017
]]>If you became ill or suffered physical injuries because you came into contact with something at work, you may have grounds to seek benefits through your employer's workers' compensation benefits. Occupational illness is a valid reason to file a claim, and while the process can be quite complicated, you do not have to navigate it on your own.
]]> Ways to prevent dangerous exposureTechnically, anyone can experience exposure to dangerous substances on the job. From cleaning supplies to construction site hazards, the threat is real, and employers bear the responsibility to implement safety measures whenever possible. Some of the ways that employers and workers can adequately address the risk of toxic exposure include the following:
If you received a diagnosis of an illness that you believe relates to your job environment or duties, or an occupational illness has left you with financial losses and medical bills, you have rights. Despite a denied claim or the information previously given to you, you may have the right to health care and other benefits.
Fighting for these benefits can be tough, but you can take the first step by seeking a complete case evaluation with an experienced workers' compensation attorney. Toxic exposure in the workplace may have taken a toll on your life, but you do not deal with it on your own.
]]>Here are several reasons why a seatbelt could save your life:
]]> -- When drivers and passengers are not wearing their seatbelts, deadline ejections are common. Wearing a seatbelt, on the other hand, will keep you inside your vehicle and prevent you from hitting other parts of your car violently.-- Airbags are not enough. Airbags are invented to work alongside seatbelts as a supplement to their safety. Failing to wear a seatbelt could put you at risk of getting injured by your airbag when it deploys.
-- It doesn't matter if you're a child, overweight, pregnant or simply too "stylish" to wear a seatbelt. You could benefit from the proper use of a safety restraint.
-- Wearing a seatbelt will lower your chances of getting killed in a car crash by 45 percent.
If the above reasons are not enough to get you to buckle up, then probably nothing will be capable of convincing you. It's also important to note that a seatbelt will not prevent you from getting hurt in all situations. If you get hurt in a crash, whether you were using a safety belt or not, you might want to consider investigating the pursuit of a personal injury claim to recover the financial damages you incurred as a result of the crash.
Source: Virtual Drive of Texas, "The Importance of Wearing a Seat Belt," accessed May 19, 2017
]]>Workers' compensation death benefits are meant to assist families financially during the difficult period following the loss of a loved one who was also contributing financially to the family. During this difficult time, close family members will be struggling emotionally to come to grips with their loved one's death. Financial struggles will be the last thing on their minds, but losing the salary of a spouse can create serious survival challenges that extend far beyond emotional suffering.
]]> If successfully navigated, a workers' compensation death claim will pay 50 percent of a deceased worker's wages to a family in which the worker had one dependent. It will pay 66.66 percent to a family in which the worker had two dependents or more. In the event of a worker who did not have any dependents, the employer is responsible to pay $7,500 into the worker's estate.Did you lose a close family member in an Alabama accident? You may be able to file a claim for death benefits. At Johnston Moore & Thompson, a Huntsville workers' compensation law firm, we can help you organize your death benefits claim in a way that appropriately addresses all the important issues relating to your loved one's death, and your family's financial needs.
]]>The technology company, Cambridge Mobile Telematics, also reported that 52 percent of vehicle trips that resulted in crashes involved distracted driving. The chief technology officer for CMT said that that being distracted by smartphones has proved to be a serious problem for pedestrians, bicyclists and drivers and their passengers. In fact, it's one of the prime determinants that can result in a crash these days.
]]> Since 2014, motor vehicle fatalities have been on the rise, increasing by 14 percent in that time. Many experts, baffled by the sudden spike in roadway fatalities, have attributed it to smartphone use. For decades, with improved safety technologies and increased enforcement of drunk driving laws, roadway fatalities were on the decline. Now, with the rise of distracting smartphones, more people than ever are dying on the road.According to the Governors Highway Safety Association, they expect to find an 11 percent increase in pedestrians killed by cars in 2016 as compared to 2015. The group cites smartphone distractions as the primary factor in this increase.
Were you hurt in an accident caused by a distracted driver? Was your family member killed in a cellphone-related accident? You may be able to file a personal injury or wrongful death lawsuit to seek compensation for damages caused by the incident. If successfully navigated, such a lawsuit could bring you money to pay for medical care, end of life expenses and more.
Source: Chicago Tribune, "1 in 4 drivers was on a phone just before crash, study of distracted driving says," Mary Wisniewski, May 03, 2017
]]>The woman was riding as a passenger on a motorcycle driven by a 29-year-old man. He survived the crash and required hospital care. The accident happened after he lost control of his Yamaha motorcycle and drove into a ditch.
]]> After completing their preliminary investigation, police suspect that alcohol and speed were the primary causes of the accident. According to the chief assistant district attorney, the case is still being reviewed and charges are pending. The Assistant DA said that they will likely press charges if they confirm evidence that speed and/or alcohol were factors.If convicted of murder related to this fatal motorcycle crash, the injured motorcyclist could be sentenced to anywhere from 10 to 99 years -- to a lifetime -- in prison for his role in this tragic accident. Another potential conviction could be negligent homicide, which is a misdemeanor and comes with less severe punishments.
Regardless what criminal charges authorities press following a fatal Alabama motorcycle crash, family members of any deceased persons might have the right to pursue separate wrongful death claims in civil court. If prosecutors succeed in convicting the at-fault of a crime related to the accident, the criminal conviction can be used as evidence to bolster and support the wrongful death damages.
Source: Montgomery Advertiser, "Charges 'likely' in fatal Autauga crash," Marty Roney, April 24, 2017
]]>Here are the most important facts to be considered when determining if your accident injuries will be covered:
]]> -- Were you driving from one work area to another work area?-- Were you running errands or making deliveries for your employer/boss?
-- Were you driving employees somewhere for work purposes?
-- Are you based remotely, and are you paid for your travel time when driving to and from your residence?
-- Did you deviate from your usual route in order to complete a personal errand?
-- Did you submit a "notice of loss" to the workers' compensation insurance provider in a timely fashion after your accident and injuries?
One area of concern for personal injury cases, which is not so important in workers' compensation claims, is the issue of fault. It doesn't matter if your work-related car accident was your fault or someone else's. Conversely, the most important factor is: Did it happen on the job?
Following a work-related auto collision, injured employees may be unable to work while they receive medical care and heal from their injuries. They will also have many expensive medical bills to pay. Fortunately, if injured workers can successfully navigate their Alabama workers' compensation claims, they can receive financial benefits to pay for their medical expenses and time spent out of work.
Source: FindLaw, "When is an auto accident injury covered by workers’ compensation insurance?," accessed April 18, 2017
]]>Although the fact that workers' compensation benefits will cover medical expenses and lost wages in the event of an occupational injury, minimizing the risks may prevent the need to claim benefits altogether. By reporting hazardous situations to your employers, you might even help to prevent co-workers from suffering workplace injuries.
]]> Dangers that may threaten your safetyBeing able to identify some of the following potential workplace hazards may make it easier to take preventative measures, and you may be able to help make your work environment safer:
In some cases, employers who disregard employee safety also tend to dispute claims when employees suffer workplace injuries. If you are the victim of occupational injuries -- or an illness caused by conditions at work -- you may find that the support and guidance of an experienced workers' compensation attorney can ease the claims process. With skilled legal counsel to navigate the administrative and legal proceedings for you, you will increase your odds of receiving the maximum amount of benefits to which you are entitled.
]]>