Video F.A.Q.

1. What causes a herniated disk?

A herniated can be caused by a merate of different events. It can be caused by a sports figure throwing a football, but the way we see it in our practice is from a dramatic event on the human body as the result of an accident, such as a slip and fall. Someone who slips and falls on a foreign substance on the floor of a store can sustain a disk herniation. It can be caused by an automobile accident. For example, someone can be rear-ended in their car and become injured. It can also be caused by such things, in my recollection and practice, from a box falling off a shelf onto someone?s head, at a store. I can recall it happening where a chair collapsed under someone, who then fell onto the ground and the disk was herniated.

It is interesting to note, that a herniated disk is not always apparent immediately. Sometime a doctor treats conservatively and it?s only after repeated attempts at remedies, that they do more significant testing such as an MRI and realize sometime, months down the road, that the disk is herniated and that a more significant type of aggressive care is needed and it will result in surgery, sometimes. The thing to keep in mind is that a herniated disk is a very serious injury.

2. Can I Sue on the grounds I was not warned about the risk of a Spinal cord injury.

A doctor will have to warm of anticipated risks of this specific procedure, before he performs for example, surgery. Typically, there will be a written consent form which contains all the anticipated risks of the surgery. In that case, you would see a doctor and have his/her consent form advice the patient of the risk of Spinal cord injury. Where we do see spinal cord injuries are in medical negligent cases sometimes, is where there is a failure to warn. In that case, the doctor in his advice consent to the patient, before the surgery, would have to warn of the anticipated risks of the surgery. If that is not done and there is such an injury, there is the potential to bring an action for that.

3. How much is a Spinal cord Injury worth?

A valuation of spinal cord injuries varies significantly from case to case. Such factors which influence the value of the case, of course, is how significant is the spinal cord injury? Some spinal cord injuries are less serious than other spinal cord injuries. Obviously, the more significant the injury the greater the value of the case.

Other factors which are critical, would include, lost wages involved. Does the individual have significant past lost wages? Will he/she be able to work in the future or will he need vocational rehabilitation to transfer to a different occupation? Other factors include how much are the medical bills that have already been incurred and how much are the medical bills that are anticipated in the future. One should be inherently wary of any attorney that gives a quick evaluation and dollar figure of the value of a spinal cord injury without a thorough evaluation of the medical bills, the injuries, loss wages, and any further factors effected on the injured person?s life.

4. What is Wrongful Death?

Wrongful death is the type of legal action which occurs when someone?s death is cause wrongfully. By ?wrongfully?, I mean the situation when someone dies by a third parties negligence or intentional act. It can also occur through a ?product?s defect? type of case. The important thing to remember in a wrongful death type of case is that the death occurs though some other party?s wrongful acts. The law specifies which errors are permitted to claim in a wrongful death action. All such errors must be brought into any wrongful death action to bring that case to a successful conclusion.

5. Is there a statute of limitations to file a Wrongful Death Claim?

Yes, certainly. There is always a Statute of Limitations to any type of civil action; however, it is important to know other factors before one can answer that question with total accuracy. Is this a case involving the defendant being the State? Is it a case where the defendant is the federal government? Do we have a case where the injured person is a minor or is mentally disabled in some way? Those are things which affect the time period for the running of the Statue of Limitations. It is wise to bring the facts of your case to an attorney who can examine it and tell what the specific Statute of Limitations would be for that particular case and those facts.

6. What to expect at a wrongful death trial.

Both sides will typically designate expert witnesses on issues of liability and damages. In other words, the expert witnesses will testify as to the injuries that lead up to the wrongful death and any potential defenses that may be used by the defense attorneys. Once all discovery is complete, sometimes the parties will agree to mediate the case. Medication is the process by which both sides will appear before an independent mediator who will attempt to faciatate the settlement of the case. If mediation fails in settling the case, at that point, the case will be set for trial. At the wrongful death trial, first the plaintiff will put on its case. The plaintiff will call all its witnesses to establish liability, causation, and damages. Such witnesses are, for example, the heirs of the deceased individual. As for how the injury accrued, expect witnesses will be called. After the plaintiff puts on its case, the defense has its opportunity to refute whatever the plaintiff put on in its case. The defense can also call witnesses to attempt to negate the issue of liability, causation and damages. After that, the plaintiff is provided the opportunity to respond, once again, to what was said by the defense. At that point the case often goes to the jury. The jury will make its decision.

7. Is the damage from a brain injury always permanent?

That question is more appropriately answered by a doctor, a specialist typically a neurologist; however, I can speak from my personal experience and in the cases that we handle, the answer is: yes, that damage is typically Permanente. Now it may be apparent through normal conversation but a brain injury may also NOT be readily apparent in normal and casual conversation. That is the reason we have our clients see neurologists and neuropsychologist to be able to document the nature and extent of the brain injury in order to be able to prove the injury in a court of law.

8. Can a person with mild TBI (traumatic brain injury) have problems many years later?

Absolutely. Sometimes TBI can improve, sometimes it can get worse. On other occasions it remains the same, but the injured individual learns to cope with their disability so that it may not be as noticeable to the general public. That is why the nature and extent of the traumatic brain injury needs to be evaluated by experts with experience in this particular area, such as neurologists and neuropsychologist. Only those experts can determine the true effects of the traumatic brain injury and determine what the long lasting effects are over a person?s lifetime.

9. How can I best prove a brain injury in court?

A traumatic brain injury will be proven up in much the same way as any type of injury is proven up in court. It is done through the introduction of testimony of experts witnesses. Expert witnesses in a brain injury case typically will be a neurologist and/or a neuropsychologist. There will also be tests, such as cat scans performed as well as written test performed by the neuropsych. The neuropsychologist and neurologist will work together to formulate a diagnosis and determine the long range effects of the traumatic brain injury. That is the best way to prove up a traumatic brain injury case.