Common Injuries Resulting From Motor Vehicle Accidents

Injuries resulting from car accidents are often life-altering and life-threatening and can include traumatic brain injuries, spinal cord injuries, whiplash, bone fractures, paralysis and burn injuries.

Injuries resulting from motor vehicle accidents can be very obvious as in the case of broken bones and bleeding from trauma to soft tissue, but so-called "hidden" injuries that are not visible to the common observer, such as whiplash injuries can have just as devastating an impact on a victim as an obvious injury.

Whiplash refers to an injury to the neck that occurs when a vehicle is hit from behind and the occupants head and neck are suddenly jerked forward and then backward from the impact. The symptoms of whiplash include headache, pain, soreness and tenderness, swelling and muscle spasms.
An injury to the spinal cord can have life-long consequences such as chronic pain or paralysis. The physical and emotional costs of motor vehicle accident injuries are immeasurable.

If you were injured in a motor vehicle accident you could be eligible for financial compensation for the damages you have suffered such as medical expenses, loss of income and future earning potential and your pain and suffering and any other expenses you incurred as a result of the accident. -Greg Harrelson (205)912-8251Blankenship Harrelson, LLP

How Do I Know If What The Insurance Company Offers is Fair?

Setting the value of your case is more of an art than a science. Historically, if you lost an eye because of someone else’s wrongdoing, you were entitled to take their eye.  On the other hand, some will say that the value of your case is based on a multiple of your medical bills: medical bills times two, medical bills times three or such. Neither is correct.

The true value of your case is what a jury, given the chance, will award. Large jury verdicts (like you might hear about in the news media) resulted from Plaintiffs who were willing to suffer great risk. A favorable jury verdict requires many things falling into place: the lining up of persuasive legal liability, serious injuries, desperate consequences, a credible plaintiff, a unselfish jury, excellent case presentation, an unsympathetic defendant who has monetary resources (usually insurance) and other things.

A good place to start your evaluation is the seriousness of the injury. An injury that results in intensive care in a hospital brings greater compensation than an injury that results in chiropractic care alone. A scar on your face is worse than a scar on your back. If you have had a similar prior injury, the value of your case will be reduced. Distinguishing between what damage resulted from the past versus the present is confusing and tends to push the case value down. Then, there must be a wrongdoer. Was the conduct that resulted in your injury innocent? Negligent? Reckless? Willful? A drunk driver, for example is worse than someone who innocently ran a hidden stop sign.

Next, how much do you have to explain to the jury about your past? The jury, after all, has to want to help you. If you have been arrested 37 times for DUI, don’t expect a jury to help you much because you got hit by a drunk driver. A jury will most likely have the opportunity to consider anything in your recent past that speaks to your credibility.

Where the case is also matters. Every area has its own personality. Some areas are more sympathetic to claimants. Some areas are more sympathetic to wrongdoers. Some areas nickel and dime even the most credible claim. Other areas are more generous. All of these and other factors must be artfully presented to the jury. Finally, once a jury has rendered a verdict in your favor, the defendant must have the ability or the insurance to pay.

If an insurance company is offering you a settlement, talk it over with an attorney first to see what all the variables are for your case. Make sure that your injuries, including future medical issues arising from your current injuries, are being adequately addressed. It's always a good idea to double check with a second source. blb (205)912-8248

What Are Your Options If You Are Injured By A Water Craft?

There are numerous waterways in Alabama. They reach from the Tennessee Valley all the way to Mobile Bay and Orange Beach. What happens if you are injured by someone who negligently operates their water craft? Water crafts have liability insurance policies just like your motor vehicle.

Each holiday there are multiple reports of boating accidents. Many occur at night, but they also occur during the day. It was reported that two boats collided on Lake Martin over the July Fourth weekend. Multiple people were flown by helicopter to local hospitals with life threatening injuries. Authorities say that alcohol played a major role in the boating accident.

Accidents that occur on waterways can be very difficult to determine fault. There are rules that must be followed when driving a boat just like rules for motor vehicles. If you have been injured in a boating accident you should contact an attorney to help with your case. Pbk (205)912-8245

Car Wrecks Involving Soft Tissue Injuries

Have you ever experienced a day of yard work or heavy lifting and realized a few days later that you injured yourself? The same concept relates to car wrecks. Whether it is a low impact collision or a violent collision, your body produces adrenalin as a protective measure to relieve trauma. Often times an individual fails to realize he or she is injured after a car wreck. It is important to seek medical attention immediately following a motor vehicle collision.

The first responders to an automobile accident are typically the police. When they arrive they will ask you if you are in need of an ambulance. It is always better to be on the safe side and have an EMT check you out after a car wreck. Often times neck and back injuries are due to the sprang and strain of muscles, but it can be much more serious. Neck and back pain from an automobile collision can be caused by bulge discs, disc protrusions, or even herniated discs.

Remember, your body does not always recognize right away that it is injured. Car crash injuries can be very complex and tricky. When in doubt you should always seek medical treatment from an emergency room or family physician. Pbk (205)912-8245

Trauma and Perception

A friend called me from the scene of a crash recently. He called more as a friend than as a lawyer. He said that he had run a red light and been hit by a truck. He was ultimately taken to the hospital by ambulance. My advice to him was not to make any comment at the scene, not to admit fault and not to apologize. This advice was not based so much in the law (although it would be good legal advice). Rather, it was based on numerous investigations I have participated in after a traumatic event.

In the purest sense, perception is impacted by trauma. People often recall that "time slowed down" or that "all I could see was ....". Adreneline rushes into the bloodstream and such that catastrophically injuried people don't feel pain or don't feel it as intensley. People with compound fractures or other obvious wounds say that they are o.k.

In the not so purse sense, other drivers or witnesses may rush to distort what happened in an attempt to get your agreement or acquiecense. The best policy is not to comment until you have had time to appreciate what really happened.

In my friend's case, the other driver admitted to running the red light and several witnesses supported that he, in fact, did. It seemed to my friend that he had run the red light when, in truth, he did not. There is usually an opportunity to right a wrong or even apologize AFTER you have had time to investigate and know what really happened. Rushing to accept blame too early is almost always a mistake. blb (205)912-8248

Get Your Spare Tire Checked

We are seeing more cases involving spare tire failure. This situation was highlighted when Firestone recalled the Firestone ATX tires but failed to recall the spare. The spare had the same defect which resulted in injuries. Often times the spare may look normal or have good tread but actually be defective. Also, there have been numerous reports of donut spare tires (the smaller spare tire) exploding. Injuries resulting from spare tire failure are often overlooked because they may result in a single vehicle crash.

If you have not done so recently, you should have your spare tires inspected by a tire professional. If you suspect a spare tire may have caused an injury, we welcome the opportunity to investigate the claim. Call (205)912-8248.

Riding Lawnmower Safety

We are seeing a lot of injuries coming from riding lawnmowers. As summer is underway and you are out cutting your grass, make sure to follow some safety procedures to protect you and your family from serious injuries.

1. Make sure to wear shoes whenever you cut the grass.
If you do happen to fall off the lawnmower, your feet are obviously more protected with shoes on. You never count on falling off, but it happens more than you might think.

2. Beware of steep inclines on your property.
If you hit the angle of your incline improperly, your riding mower will flip with you on it. This can not only put you in danger of the sharp blade, but can also put the full weight of the mower on your neck, head or spine. Have a roll bar and seatbelts installed on your mower if you are going to cut those steep inclines yourself. Contact your mower manufacturer about where to purchase these.

3. Wear safety goggles.
You only get one pair of eyes. Rocks and debris are flying around at amazing speeds while you are cutting the grass. You have no idea when or if something will land in your eye. If you don’t want to look like the mad scientist out there cutting your yard, you can purchase that look like regular sunglasses.

4. Wear ear protection.
Don’t underestimate the damage that is occurring when using loud machinery. Studies show that by using earplugs or other ear safety devices, that you are significantly protecting your hearing.

If you happen to get injured while using your mower, we welcome the opportunity to review your claim. Please call (205)912-8248. Be safe. Be good. Enjoy your summer!

If I Was In An Accident, Do I Need A Lawyer?

There are all those advertisements by lawyers on television that say you must have a lawyer to protect your rights. Then there is the insurance company that is handling your claim that insists that they are doing everything necessary for you. Who do you believe?

It should never hurt you to consult an attorney. Many law firms, such as ours, will meet with you and even make initial consultations at no cost to you.  It is a good idea to at least consult with a reputable attorney to make sure that you are informed about your legal rights and duties. The law changes every day and a lawyer should be able to inform you. Insurance companies will certainly tell you about changes in the law that benefit them, but they do not have a duty to inform you of your rights.

What If I Think My Child Was Injured by a Vaccine?

Some vaccine manufacturers have put profit ahead of safety. As a result, children have suffered anaphylaxis or anaphylactic shock, encephalitis, chronic arthritis, measles, polio, and so forth. Some children have even died. In response, the National Childhood Vaccine Injury Act was passed around 1986.

A vaccine injury claim under the Act must be filed with the U.S. Court of Federal Claims in Washington, DC. A claim under the Act precludes a claim in a local court. There are fairly short deadlines for filing the claim so it should be filed as quickly as you suspect an injury is caused by a vaccine. Once filed, the claim is broken down into two phases: "entitlement" and "damages". The U.S. Department of Justice files an objection to the claim.

Overall a vaccine claim takes longer than a typical tort claim. First, a special master (rather than a judge) decides if the vaccine was more likely than not the cause of the injury. If not, the special master’s decision can be appealed. If so, the claim moves forward for a damages determination. As with causation, damage claims may need to be supported with expert witnesses. A monetary award may be given for past medical bills, future medical bills, lost wages, lost future wages, non-wage economic loss.

The average injury damage award hovers around $1 million. Monetary awards for death cases are limited to $250,000. Attorney fees may not be based on a contingency percentage. Rather, the attorney must submit a separate petition for hourly fees and expenses to the special master.

If your child or someone you know has been injured by a vaccine, contact a reputable attorney as soon as possible. Your time to file a claim is limited.

Never Sign A Release Without Consulting An Attorney

If you have been injured by someone else, never sign a release without first consulting an attorney. Never. A release is a piece of paper that in any way says you forgive someone. Even if you are offered a check, don't sign a release, no matter what your financial situation is.

Even if you are offered a check, a reputable attorney will agree to represent you based on a percentage of what he or she recovers for you in addition to the check you've been offered. Then, the attorney will review the release as part of his or her service to you and give you sound legal advice on how to protect yourself and your future concerning medical costs, etc.

Moral of the story: Never sign a release until you talk to an attorney first.

What to do in an 18 wheeler crash:

Crashes involving big trucks or commercial vehicles are complex and an attorney should be retained immediately. The responsibilities of the vehicle owner and driver must be analyzed under both federal and state laws, regulations, rules and ordinances. The applicable laws, regulations, rules and ordinances will depend on where the crash happened, where the company has a principle place of business and where the driver lives.

In addition to this analysis, some of the things your attorney may help you with are:

Document the scene of the accident
The best way to do this is by video as quickly as possible. The video should show the scene of the crash from every angle paying particular attention to road conditions, tire marks, gouges in the road surface, strike impressions (these often wear off over time), traffic signals (and controls) drop off, the vehicles, etc. A video from the dash of a comparable vehicle approximating the speed at the point of impact is sometimes pivotal. Photographs will ultimately be needed for presentation.

Interview witnesses
Again, if the witness will agree, the best way to do this is by video.

Secure the vehicles
Many claims require that the vehicle be kept in the crashed condition. If the vehicle is repaired or destroyed before the claim is resolved, the claim may be lost.

Get the records
Determine the driver’s history, the company’s Department of Transportation compliance history, insurance information, incident reports, "black box" data, 911 tapes, etc.

Retain experts
Make an early determination concerning the experts that will be needed to make your claim. For example, biotechnical engineers, accident reconstruction engineers and safety experts are common in these cases.

The work up of cases involving big trucks and commercial vehicles is more urgent than most cases. Many companies have teams on call to respond when their trucks or vehicles are involved in a crash. Often, these teams are working up the scene before the vehicles are towed from the scene or while the injured people are treated. A delay of even a day before you retain an attorney gives them a distinct advantage.

If you have been injured in a trucking crash, we welcome the opportunity to work with you. (205)912-8248