Brain injuries have both direct and indirect victims: the person harmed, as well as their family and loved ones. It’s not uncommon for even a mild brain injury to result in personality changes and changes in the victim’s cognitive and physical abilities.
Many families don’t anticipate the enormous impact of a brain injury on relationships and family dynamics. It’s said that the changes and healing after a brain injury deteriorate a troubled relationship and strengthens a strong one.
Expect roles and responsibilities to change
Expect your established familial roles to change. These changes may be temporary if the injury is mild to moderate, with a good prognosis. Victims of a serious brain injury may be unable to live independently or care for themselves.
Resilience and understanding can go a long way toward providing a stable home environment for the brain injury victim to heal. Showing empathy to your loved one as they work through rehabilitation or therapy can reassure them that they are still loved and valued.
Everyone in the family is under psychological and emotional strain
This sudden change stresses a family dynamic; the shift in everyone’s role and dealing with a loved one’s health or personality change means everyone in the home is on edge. It’s common for families to feel resentment for the change in their loved one and guilt for resenting them.
Children may have to take on more responsibility or be more independent, which can be confusing for them. Or, a marriage partnership of equals changes into more of a parent-child role or caregiver and patient.
Sometimes, the brain injury victim’s personality changes may be such a shift that the healthy spouse questions if they want to continue in a relationship with the “new” person.
Communication breakdown challenges
Depending on which part of the brain is injured and how extensive the damage is, a brain injury victim may need occupational and speech therapies to regain their ability to speak, write, and otherwise communicate.
Frustration with slow progress in rehabilitation, or a permanently damaged ability to speak or communicate may cause the brain injury victim to lash out – and the family members close by are often the target.
Severe brain injuries can render the victim permanently unable to communicate or can trigger the onset of dementia. Cognitive decline carries its own communication problems, and unfortunately, it’s an irreversible condition.
Learning how to communicate with your loved one is a challenge. Even if they’re fully able to speak and write, a personality change can affect the way they communicate, like being more sarcastic or abrupt.
Practical and financial considerations about your loved one’s care
In the best-case scenario, your loved one is able to make a full, or mostly full, recovery from their brain injury and is eligible for short-term disability payments to help your family pay your bills as they recover.
Moderate to severe brain injuries, as we noted, can leave victims unable to live independently. In these cases, families have several choices for their loved one’s care:
One family member takes on a caregiver role
The family hires a home health nurse or personal care attendant
The brain injury patient attends adult daycare during the day and is cared for by family at night
The brain injury patient needs specialized care the family is unable to give and is placed in a long-term care community
These are tough choices for many families, and each one carries a financial drawback. If the victim was the sole or primary provider, then the family’s budget is considerably less than before the accident.
Home health care aide/personal care attendant: $6,101
Adult day health care: $1,842
Nursing home (semi-private room): $9,794
The stress of losing a significant amount of family income, coupled with adding costly monthly care, hits many families hard.
Maintain a strong support network
Stress, resentment, and guilt are common for families of brain injury victims, but many may find help and support through therapy, both family and individual. Many California communities have support groups for families of brain injury victims. Participating in these services can provide families with an understanding support network.
How an experienced attorney can help
A fair traumatic brain injury settlement can make a lot of the challenges your family faces easier. A skilled California traumatic brain injury lawyer, like those at Ernst Law Group, properly values your case and fights to get a settlement to cover lifelong medical treatment, housing in a memory care facility, and ongoing support for a family whose income has been significantly reduced.
We can help with the impact of a brain injury on relationships and family dynamics. Contact our firm today at (805) 541-0300 for a free case review.
A moderate to severe brain injury often causes permanent brain damage or the onset of dementia. Many brain injury victims require the specialized, 24-7 care provided in anursing or memory care home. Unfortunately, many of these people are unable to advocate for themselves, and so are susceptible to those who would prey on the most vulnerable members of society.
TheBrain Injury Association of America (BIAA) partners with community advocates across the country to raise awareness of brain injury nursing home patients’ rights and the signs of abuse or neglect that families should look for when visiting their loved ones.
Common brain injuries of nursing home residents
Memory care facilities are long-term care homes focused exclusively on meeting the needs of people with cognitive decline. Many brain injury patients live in one of these communities or nursing homes.
Common brain injuries that may require this level of care include:
Cognitive decline associated with another condition, like Parkinson’s Disease
The impact of brain injuries on residents’ physical, cognitive, and emotional well-being
The personality changes and permanently changed abilities that come along with a moderate to severe brain injury often cause frustration for the brain injury victim. Many people may regress in physical capabilities, too, in addition to their cognitive decline.
Memory care programs focus on enhancing the quality of life for residents and slowing cognitive decline, such as:
On-site physical, speech, and occupational therapies
Pet therapy
Aromatherapy
Art and music programs
One of the most common symptoms of cognitive decline is a lack of impulse control and irritability. Caregivers and nursing home staff should be trained to soothe these behaviors while preserving their patients’ health and dignity. Brain injury nursing home abuse often occurs in response to a patient’s outburst. Reviewing the certifications and training of your loved one’s caregivers can help prevent a situation where an abusive caregiver lashes out.
Legal rights of brain injury victims in nursing homes
People with a brain injury are protected under theAmericans With Disabilities Act (ADA), which guarantees equal access to federal and state programs, medical care, and reasonable accommodations that allow someone to visit a public place or place of business.
In addition, brain injury victims may also receive protections under the Fair Housing Act (FHA), which permits reasonable modifications to accommodate their disability and prevents housing discrimination.
More specific rights for brain injury victims are addressed under the 1996Traumatic Brain Injury Act (TBI Act). The Act includes grant programs administered by theAdministration for Community Living (ACL), which provide funding for brain injury patient care and to provide broader access to services intended to treat TBIs.
So what does this mean for your loved one with a brain injury? First, the TBI Act has provisions to help them receive valuable rehabilitation and quality-of-life services. Second, the TBI Act provides resources for you to learn how to advocate for a loved one in a nursing home, including learning signs of abuse or neglect and how to report it.
Taking action: advocating for brain injury victims
Advocacy for brain injury victims can start at the local level, by petitioning city and state officials to support more programs for disability services to treat brain injuries. Understanding the protections of the ADA and how it benefits brain injury victims can help your family become more knowledgeable advocates for your loved one.
Each state has a long-term care ombudsman office tasked with advocating for the rights and needs of people in long-term care facilities like nursing homes and memory facilities. If you suspect brain injury nursing home abuse, you can report it to theCalifornia Long-Term Care Ombudsman Office. Investigators look into complaints and will take action against abuse.
Resources and support for brain injury victims and their families
Feeling grief and loss after your loved one suffered a serious brain injury is common. Many families find solace in support groups. Your loved one’s brain injury treatment team may be able to refer you to an in-person group close by.
The TBI Bridge offersvirtual support groups at different times. Families can also find resources, support networks, and more information about brain injury advocacy on theSt. Jude Brain Injury Network’s website. The program also offersonline videos and articles about brain injury research, treatment, and developments that may be available to your loved one.
We can help. The legal team at Ernst Law Group can investigate a possible case of nursing home abuse in California and give you legal recourse to seek justice on behalf of your loved one. Contact us today at (805) 541-0300 for a free consultation.
We’re happy to serve injured parties in the following areas:
After an accident that causes a brain injury, the victim and their family may file a suit for damages against the at-fault party. Brain injury lawsuits may be settled out of court in structured mediation. If both parties cannot reach a fair agreement, then the case moves to trial.
What is a brain injury?
Simply put, a brain injury is damage to the brain tissue. They occur in a few different ways:
Traumatic Brain Injury (TBI) from a traumatic impact on the head. The brain hits the skull’s interior, causing swelling, bleeding, and sometimes torn tissue.
Hypoxic or anoxic brain injury, in which the brain is deprived of oxygen. The longer the brain is oxygen-deprived, the more tissue damage occurs.
Internal causes, such as a blood clot or tumor.
Each type of injury can have an outside cause, including a tumor or blood clot. So, plaintiffs in a brain injury suit could have any one of these injuries.
Settling a brain injury lawsuit vs. going to trial
Sometimes, the defendant is so obviously to blame for the accident that caused your brain injury that their insurance company offers a settlement up front, potentially limiting the defendant’s exposure to your case. Even if this happens to your family, it’s better to consult with an experienced California traumatic brain injury lawyer before signing a brain injury settlement offer – once you accept a settlement, you give up your right to file a lawsuit.
This isn’t the only time that your brain injury case can settle. The plaintiff and defendant can settle the case anytime between when your brain injury attorney filed the lawsuit for damages and when the trial starts.
However, if the defendant challenges the estimated cost of future medical treatment or the settlement offer in general, the case goes to trial. If you win your case, you receive an award according to the jury’s decision.
Factors that impact your brain injury settlement
The purpose of a brain injury lawsuit is to return the victim to the financial state they were in before the accident and injury occurred. It includes paying for all medical treatment and related costs, from home modifications to accommodate someone with changed abilities, to lifelong care in a memory treatment home.
Several factors affect the amount of your brain injury settlement:
How severe the injury is
What your maximum medical improvement (MMI) will be – if you aren’t expected to make a full recovery, your case is worth more
Whether you will be able to work again
Whether you are permanently disabled
If you need to move into a memory care home
Essentially, the more your cost of treatment and aftercare, the higher the settlement should be.
A final factor in your settlement amount is whether a judge assesses punitive damages against the defendant. Punitive damages are a financial judgment on the defendant meant to punish the defendant for their negligent or wrongful conduct, but are rare in a negotiated settlement.
Suppose a trial judge deems the defendant’s actions excessively reckless or negligent. In that case, they award the plaintiff punitive damages as a deterrent to other parties who may be tempted to cut the same corners the defendant did.
Advantages and disadvantages of settling out of court
Trial is unpredictable. That’s usually one of the biggest advantages of a mediated settlement. In mediation, you are in control of the terms of the settlement. If a case goes to trial, you have to live with the jury’s decision – and they could vote for the defendant.
Other advantages of a settlement include:
Less expensive than a trial, so your legal fees are less
Time – a trial can take months to prepare
Privacy, as the terms of the settlement and your identity are usually sealed
Some advantages of a trial you may wish to consider are:
There’s a good chance you’ll be awarded punitive damages if you win your case
You receive a better sense of closure
It’s your decision whether to settle or go to trial. As your brain injury lawyers, we provide legal guidance and information so you can evaluate your options.
Don’t accept a brain injury settlement without seeking legal advice
Ernst Law Group is a team of skilled California brain injury lawyers who understand the complexities of treating these injuries – and how much it costs. We work with you to negotiate the maximum settlement for your injury to ensure you have access to the high-quality rehabilitation services you need for recovery. Contact us today at (805) 541-0300 for a free case review.
A brain injury impedes your ability to do things you enjoy, develop fulfilling relationships with others, and even care for yourself without help. Brain injuries are classified as either traumatic (caused by trauma to the head and brain tissue) or non-traumatic (caused internally by a blood clot or tumor).
Regardless of the cause, many of the effects are the same:
Compromised motor function
Difficulty with speech or memory
Changes in personality, like outbursts of anger and irritability, or engaging in risky behavior
Limited independence
Sometimes the brain heals itself, and the victim is restored to their pre-accident facilities. Other times, the victim needs lifelong care and assistance. No two brain injuries are alike, but all injuries improve with focused, purposeful brain injury rehabilitation.
Brain injury rehabilitation offers the best chance of recovery
Structured rehabilitation provides the best chance for recovery from a brain injury, but recovery looks different for everyone.
The goal of brain injury rehabilitation is fivefold:
Restoring function and independence
Maximizing potential for recovery
Preventing secondary complications
Enhancing quality of life
Reducing long-term healthcare costs
Many people require professional caregiver services as they recover from a brain injury. Some families may be thrust into a caregiver role, while others may opt for a home health care nurse to provide personal care and therapy services.
If the brain injury is severe enough or results in cognitive decline, they may need to move into a dedicated memory care facility, which is a residential care home staffed 24-7 with nurses trained to care for people with compromised brain function.
Even if a brain injury victim has permanently changed abilities, therapy still offers the best chance for more independence and a better quality of life.
Types of rehabilitation services for brain injuries
The goal of brain injury rehabilitation is to relearn function. Because the brain is responsible for all bodily functions, therapy must address each of the brain’s primary jobs. It typically starts in an acute care facility or hospital, then, as the patient improves, therapy may be done in the home on an outpatient basis.
Physical therapy
Physical therapy improves the patient’s strength, balance, and coordination. Brain injury victims are susceptible to falls due to poor balance. Damage to the neurons reduces the brain’s ability to direct major and minor motor functions. Daily structured movement and prescribed physical activity restore physical communication between the brain and body.
Occupational therapy
Occupational therapy addresses re-learning the activities of daily living. This includes dressing and grooming, showering and using the bathroom, and eating or preparing a meal.
Speech and language therapy
Injuries to the left side of the brain impact language, speech, and communication. A speech therapist may teach the patient how to learn to speak again. Left brain injuries also impact the patient’s ability to understand the words they hear. General language therapy helps patients re-learn vocabulary and syntax, improving their communication ability.
Cognitive therapy
Injuries to the right side of the brain result in difficulty with memory, reasoning, and attention. Cognitive therapy aims to strengthen the patient’s reasoning abilities and focused exercises to improve memory.
Psychosocial support
Not all brain injury rehabilitation is done under the structured guidance of a therapist. The support of friends and family as the patient recovers is necessary to motivate them and ensure they comply with “homework” tasks or practice assigned by the therapy team. Frustration at their compromised abilities is common; understanding and patience from the patient’s family can help redirect the patient and calm frustrations.
What factors affect the outcome of brain injury rehabilitation?
The extent of the victim’s injury usually indicates how successful brain injury rehabilitation will be. Head trauma is classed as mild, moderate, and severe. Mild trauma usually means a full or near-full recovery. Severe brain trauma usually doesn’t.
The quality of care a person receives after a brain injury also determines their outcome. Poor-quality care and inconsistent follow-up yields less positive results than good quality, dedicated rehabilitation and support from the victim’s family.
Challenges and limitations of brain injury rehabilitation
Brain injury rehabilitation may be challenging for even the mildest injury; the more severe the brain damage, the more challenging recovery is.
Onset of depression (common in brain injury victims) that impedes progress
Compromised sensory facilities
Has someone you love suffered a traumatic brain injury?
Brain injury rehabilitation costs easily run into tens of thousands of dollars, especially for people who will need lifelong treatment in a memory care facility. The party liable for your loved one’s accident should be the one responsible for paying their medical care and group housing costs.
A medical expert witness is a licensed medical practitioner, such as a doctor, nurse, or surgeon, whose education, skills, and experience qualify them to testify about particular aspects of a plaintiff’s health, injury, and prognosis.
Expert witnesses are integral to modern personal injury litigation, used by both the defendant and the plaintiff to bolster their case. Their testimony draws a clear line of causality between the accident to the injury and the resulting loss for the victim.
If you or a loved one are involved in a brain injury suit, your San Luis Obispo brain injury lawyer will likely use a brain injury expert witness at both the discovery and trial stages of your case.
What is the role of a medical expert in court?
Using medical experts in personal injury litigation was established inFrye vs. United States in 1923. Around the turn of the twentieth century, many American justices, including Justice Learned Hand, noted that the learned opinions of a medical expert were important in dispensing justice.
Here are some of the ways that your lawyer will use medical expert testimony to support your case.
Establish the causation of the plaintiff’s injury
All personal injury cases rely on proving negligence, or that the defendant caused or created conditions for a brain injury to happen. The brain injury expert witness explains to the jury how the plaintiff’s injury occurred and which part of the brain was damaged.
First, the expert identifies how the accident caused the injury. Next, they describe how the victim is harmed, determined by the expert’s examination of the individual.
Attest to the severity of the plaintiff’s injury
Brain injury expert witnesses establish the Maximum Medical Improvement of brain injury victims or how likely they are to fully recover. Brain injury recovery is usually harder to predict than other types of injuries. Two people could receive similar damage; one may fully recover their facilities while the other may have permanent brain damage.
The more serious the brain injury, the more intensive treatment is required. The recommendations of an expert help your brain injury lawyer build their case for the amount of compensation they seek.
Predict the long-term impact of the injury on the victim’s life
We noted earlier that some brain injury victims may be unable to care for themselves or are rendered permanently brain damaged. Some people may need permanent care in a nursing home as they cannot live independently.
The brain injury’s impact extends beyond the victim. Family members may be reeling from losing their loved one – even if the victim lives, the personality changes and brain damage may make them no longer the person they were before the accident. Families who were dependent on the victim for care or monetary support are now in serious financial straits.
Brain injury expert witness testimony clarifies that the plaintiff can no longer contribute financially and requires costly care.
When expert testimony is allowed
Medical experts may be used in the discovery, or fact-gathering phase of your trial and during the trial itself, testifying on the stand. Your lawyer uses these assessments of the medical expert to value your economic damages – the cost of your medical care and how much treatment you’ll need in the future for your brain injury.
For example, you may need speech or occupational therapy to help you regain your abilities. Victims with moderate to severe brain injury may be unable to care for themselves and require accommodation in a memory care facility or from a dedicated in-home caregiver.
Medical experts help properly value the plaintiff’s claim
The value of your medical expert’s testimony usually lies in their qualifications and whether they’re actively practicing medicine. The opinion of Board-Certified medical experts who still see patients often carries more weight than a professional expert witness or someone whose job is simply to travel around and testify in brain injury cases.
Practicing medical experts have first-hand knowledge of the cost of care for brain injuries. They may say, “This is what my hospital charges for this level of care,” or “This is how much a long-term stay in a nursing home costs.”
Do you need help after a traumatic brain injury?
Have you or a loved one suffered a brain injury after an accident? If you were harmed by someone else’s negligence, the brain injury lawyers at Ernst Law Group can help you collect the compensation you deserve to pay for your treatment and specialty care. Contact us today at (805) 541-0300 for a free consultation.
Since March is Brain Injury Awareness Month, it is a great time to educate yourself on what brain injuries are, how they can happen, and how you can help injured victims.
Types of Brain Injuries
There are two types of brain injuries that are not hereditary, congenital, or related to birth. These two types are Acquired Brain Injuries (ABIs) and Traumatic Brain Injuries (TBIs).
Acquired Brain Injury
An Acquired Brain Injury (ABI) occurs as a result of internal causes, not from external trauma. Some causes of ABIs include but are not limited to:
Aneurysms
Strokes
Brain tumors
Meningitis
Near drowning
Heart attacks
Traumatic Brain Injury
A Traumatic Brain Injury (TBI) can happen as a result of sudden external assault to the head that damages the brain’s structure and/or functioning. TBIs can be closed-brain injuries or penetrating brain injuries depending on whether the trauma caused a break in the skull or not.
An example of a cause of a penetrating brain injury is a gunshot wound to the head where the bullet enters the brain.
Closed-brain TBIs can be caused by sports accidents, car crashes, or falls, although any trauma to the head can cause internal damage and closed-brain injuries.
Symptoms of TBIs can include:
Headache
Nausea
Fatigue
Dizziness
Slurred or slowed speech
Some milder brain injuries can heal over time, while some more severe brain injuries cause permanent disability and deficits in cognitive, motor, sensory, and communicative functioning.
Some Professions Carry a Higher Risk of TBI, but Anyone Could Be Affected
Brain Injury Awareness Month is an excellent time to evaluate your risk of sustaining a traumatic brain injury.
Some professions carry a higher risk of TBI. If you are an athlete, construction worker, or work in law enforcement or the military, you have a higher risk of TBI. Adhering to safety regulations in the workplace is imperative to lowering that risk.
While some people have a higher risk of TBI than others, anyone can be affected. Accidents happen and TBIs can never be 100% preventable, but there are steps you can take to lower your risk of brain injury.
Read the instructions and heed the warnings on your medications. Some medications may have side effects such as dizziness or drowsiness that can increase your risk of falling, while some may warn against operating heavy machinery while taking them.
Don’t drive under the influence, and always make sure all car passengers are wearing their seatbelts. Also, be sure to check that your airbags are working properly when you get your car serviced.
Always wear a helmet when participating in sports with a high risk of falls and head injuries, such as horseback riding, skateboarding, biking, skiing, football, and hockey.
If you have issues with stability or risk of falling, consider using a walker or a cane. Nearly 50% of all brain injuries are related to falls.
Brain Injuries in Women
Brain injuries are often more fatal among women than men. There’s a high incidence of assault-related TBIs due to the prevalence of violence against women.
Women are more likely to sustain assault-related TBIs in the workplace in the fields of education, social services, and healthcare.
Intimate partner violence is also a major cause of assault-related TBIs in women. If you are experiencing intimate partner violence, or believe there is a risk of violence in your home, reach out to your local domestic violence agency for immediate assistance and safety planning.
One common recommendation made during the safety planning process is to try to remove yourself from conflict in rooms such as the kitchen or bathroom. These rooms are more likely to contain hard surfaces and sharp corners that increase the risk of TBI.
If you are experiencing intimate partner violence, please call the National Domestic Violence Hotline at 1-800-799-7233 (SAFE).
How to Observe Brain Injury Awareness Month All the Time, Not Just in March
Educate yourself.
For more information, check out these videos covering a range of topics such as information on rehabilitation for TBIs, personality changes as a result of TBIs, ways to make your daily life better after a TBI, how to help TBI victims financially, and more resources for victims and their caregivers.
The Ernst Law Group’s California resource center for brain injuries is also a great place to educate yourself.
If you are a parent or caregiver of a young person with a traumatic brain injury, this free guide can give you valuable tips and resources to help support the TBI survivor in your life.
Join a support group.
Brain injuries can permanently affect your life in significant ways, but you can still have a happy and meaningful life after sustaining a TBI.
Get involved in a support group – you are not alone and there are resources to help you.
Help advocate for the injured.
Legal action can help injured victims of brain injuries. Ernst Law Group’s Los Angeles and San Luis Obispo Brain Injury Lawyers can help by advocating for you or your loved ones who have been affected by brain injuries.
If your brain injury was caused by another’s negligent, intentional, or reckless behavior, they should be held accountable, and you deserve justice and can seek compensation to pay for damages.
Under California law, the injured party can still recover some damages in the form of compensation even if they are partially at fault for the accident. While compensation may not always help a victim heal their brain injury, it can help their quality of life to be as close as possible to what it was pre-injury.
Treatment for brain injuries can be expensive and cost thousands or even millions of dollars for the remainder of the victim’s life. The Ernst Law Group has recovered millions of dollars for their clients in personal injury and wrongful death lawsuits.
Ernst Law Group’s California traumatic brain injury lawyers believe that victims of TBIs deserve the highest quality of life possible all the time–not just during brain injury awareness month.
The Ernst Law Group has a proven track record and reputation for aggressive and experienced legal representation for victims of personal injury. Ernst Law Group takes cases on a contingency basis and there are no fees unless we win your case. There are no up-front fees, and your first consultation is always free.
If you have a brain injury, even if it is a mild concussion, that may have been caused by someone else’s negligence, call 1-805-541-0300 to schedule a complimentary case consultation. You may also email us at [email protected].
Paraplegia is paralysis of the lower extremities caused by a spinal cord injury most often resulting from a severe trauma. The trauma causes the spinal cord to become damaged, bruised, lacerated or severed. The resulting paralysis, which can be partial or complete, strongly affects the individual’s quality of life — including their mental health.
Paraplegia’s impact on the person has been debated. There are definite psychological effects of spinal cord injury but they are unique to each person. Studies indicate that the sudden and often severe change in the individual’s lifestyle can lead to depression and, in some cases, post-traumatic stress disorder (PTSD).
These findings are not surprising when one considers the circumstances often surrounding the spinal cord injury causing paraplegia.
Trauma, Paraplegia and Mental Health
The majority of individuals who suffer a severe spinal cord injury are involved in an unexpected and traumatic accident or event. Circumstances can range from automobile accidents to on-the-job injuries and even violent crimes. It’s not uncommon for accident victims to experience nightmares and flashbacks, common symptoms of PTSD. Paralysis may compound these feelings.
Individuals coping with paraplegia due to trauma experience a wide range of emotional changes. Studies indicate they are anywhere from 2 to 5 times more likely to experience uncontrollable and life altering:
Tension
Depression
Anger
Fatigue
Confusion
Anxiety
A number of factors contribute to spinal cord injury emotional effects. And while support from family and friends can provide a solid support group, sometimes external factors create seemingly uncontrollable and insurmountable challenges when dealing with paralysis.
For example, an individual hurt while on the job due to a fall or equipment accident is sometimes treated unfairly by the corporation or company they work for. If they are let go, fired or denied compensation by the company, the individual is at a higher risk of depression — especially if their ability to afford or continue their insurance policy is at stake.
Financial burden is often heavy for individuals when they are healthy. It becomes even heavier when they suddenly find themselves incapable of returning to work due to paraplegia.
The loss of leg functionality and independence can be devastating. Although the individual can regain some functionality and independence through rehabilitation, chances are they will forever be dependent on some type of assistance. For fiercely independent individuals, this chance can spiral into depression.
Adjusting to Paralysis After a Catastrophic Accident
There is an adjustment period when a person suffers from such a devastating injury as paralysis. The period of adjustment can last for weeks, months or even years depending on the person’s injury, support system and more. A person needs to build a new life after a spinal cord injury.
In the immediate days following a paralyzing injury, a person will deal with emotions that change rapidly. They may begin to doubt if they will be able to be productive or wonder if their life is worth living. A person may worry about losing independence and having to depend on others for their care.
Once a person begins to learn what it means to be a spinal cord injury patient, they will begin to understand that there is life after this type of injury and that they can, indeed, be productive, only in alternate ways that they were used to before the accident occurred.
After a person adjusts to their injury and the idea that their life has changed, they will begin to incorporate new skills into their life. They may work to re-establish themselves, their friends and their family.
A person may begin to develop new interests and hobbies once they have come to terms with their injury. During this stage, people begin to explore their new lives.
Chemical Use and Dependency
It is not unusual for someone who experiences negative psychological effect of paraplegia to turn to turn to alcohol or drugs as a way of coping with their stress, anxiety or depression. It’s important to know that alcohol and drugs can make depression worse, even though a person may think they feel better.
Drugs and alcohol may also interfere with prescription medications.
Support from Family and Friends
Support from friends and family is imperative for a person dealing with a spinal cord injury and paralysis. If you know someone who has suffered this type of injury, understand that they will go through many emotions and even a grieving process.
Don’t lose your patience. Your loved one needs your support now more than ever.
Protect Your Rights with the Help of a San Luis Obispo Spinal Cord Injury Attorney
Unfortunately, many paraplegics are subjected to unnecessary stress due to unfair and unwarranted treatment that results in loss of income, loss of benefits and a complete disregard for their rights and entitlements.
The truth is that most people don’t know what their rights are or what they are truly entitled to. As a result, big corporations and insurance companies take advantage of their lack of knowledge.
If you or someone you know is an accident victim coping with paraplegia, it is vital to enlist the assistance of a San Luis Obispo spinal cord injury lawyer capable of ensuring that individual rights are upheld and proper entitlements are issued. You have legal rights and options to be aware of and the at-fault party must be held accountable for their negligence.
Ernst Law Group has over 35 years of experience. Not only do they work with individuals coping with paraplegia, but they also represent individuals against insurance companies or large corporations in personal injury cases. Contact us online or call us at (805) 541-0300 today for a free, no-obligation.
There are seemingly two camps when it comes to amusement park rides in California: Those who ride them for the thrill, and those who don’t, finding them too risky. No matter which side of the fence you find yourself on when it comes to water slides, spinning rides, roller coasters and other adrenaline-fueled rides, the truth is that they can be dangerous. In the most severe cases, the aftermath requires the assistance of a wrongful death lawyer in San Luis Obispo.
Are Amusement Park Accidents in California Common?
Tens of thousands of people are injured on amusement park rides every year. Injuries range from minor ones that require no medical attention to accidents that prove fatal. About half of all people injured on these rides are children, with those between 10 and 14-years-old sustaining the most injuries of any age group. Children, due to their size, make up three-quarters of victims who have been thrown or have fallen from a ride.
The Most Common Amusement Park Ride Injuries
Almost any injury can be sustained on an amusement park ride that malfunctions, but some are more common than others. These include:
Back, neck and head injuries
Traumatic brain injury
Lacerations
Torn ligaments
Broken bones
Stroke
Fatal injuries
What Causes Amusement Park Ride Accidents?
According to the federal Consumer Product Safety Commission (CPSC), there are several common causes for amusement park ride accidents. These include mechanical failure, improper operation, passenger misuse and the nature of the ride.
When an accident is caused by mechanical failure or improper operation, the person who designed the ride, the park or the person operating it may be held accountable. When a death is the result of an amusement park accident, a wrongful death lawsuit may be pursued.
How a San Luis Obispo Wrongful Death Attorney Can Help
There are different avenues that may be pursued when someone is injured as the result of an amusement park accident. A person may pursue a personal injury claim if negligence led to the accident. For example, the operator may have failed to provide instructions to riders or the park may have neglected to post signs.
Another person may be able to file a product liability claim. This would happen if the ride malfunctioned during operation. In the case of fatality, the victim’s family could possibly pursue a wrongful death claim.
If you or a loved one have been injured on an amusement park ride and are interested in seeking compensation, reach out to our office. A wrongful death lawyer in San Luis Obispo from Ernst Law Group can assist your family in seeking the compensation you deserve. Call our office today to schedule a free case evaluation and learn more about your rights.
According to the American Trucking Association, there is a lack of drivers in the United States. Whether it is because the lure of the open road is no longer there or people are turning to different industries for employment, the ATA says that there is a shortage of nearly 900,000 truckers across the country.
The lack of drivers has an effect on the economy. Fewer drivers mean that fewer goods are being moved. Fewer goods moved means that supply cannot always meet demand. When that happens, prices at your local stores rise. Fewer drivers also means a big push to hire new ones, putting more inexperienced drivers out on the road.
Inexperience and Accidents
Collisions between trucks and vehicles often lead to catastrophic injuries for the people in the passenger vehicle. The power that a truck packs is no match for a typical vehicle. There are certainly a variety of causes that contribute to truck accidents, but driver inexperience is certainly one at the top of the list.
When you learned to drive a car, you were given a book to study and taken out on the road to get some practice time behind the wheel. Learning how to drive a truck isn’t much different. Drivers are trained and then given the keys. The only thing that can make them a better driver is to log miles on roads and highways.
Think back to the experiences you had driving when you first got your license. Chances are you would call yourself a much better driver today than you were when you first sat in the driver’s seat. You may even be able to recall an accident or scary incident you can attribute to your lack of experience. Hopefully you walked away without injury.
Unfortunately, trucks are not as easy to operate as small vehicles. A scary incident could mean an accident. A lack of experience could mean slow reaction time or overcorrection. Slower reaction times and an inability to control the vehicle can quickly lead to dangerous situations that impact people for the rest of their lives.
What You Can Do
If you find yourself sharing the road with a semi, do what you can to protect yourself. Don’t drive too closely, never cut a semi off, and stay out of the blind spots. Assume that the driver behind the wheel is a new one and maybe not as experienced as they need to be to drive safely. While many truckers out on the road have years of experience, a good number of them are new and may not be able to react to situations properly.
People involved in accidents that are due to someone’s negligence, inexperience or reckless behavior have the right to seek compensation. If you have been injured in a truck accident in San Luis Obispo, call our office. We will help you schedule a free case evaluation and discuss your rights and options with you. Call today to schedule your case evaluation and take the first step toward financial recovery.
There you are, driving down the 101, rockin’ out with your windows down. Just like every day, traffic in front of you has slowed to a crawl, so you slow down, too. Unfortunately, the driver behind you is on their phone and not paying attention. They hit their brakes, but it’s too late. Suddenly, they slam into the rear of your car, causing airbags to deploy and your head and neck to snap forward. This is an event that happens many times a day throughout the state of California. Car crashes range from fender benders to T-bone accidents to even flipped vehicles. But even the most minor accident can leave you with more than just bumps and bruises. Here’s how car accidents affect your body, and what kind of injuries you need to look out for.
The Simple Physics of It All
The way your body is affected by a car crash comes down to one simple fact: Your body is soft, and cars are hard. Cars are designed to withstand impact. The metal bodies and crumple zones ensure it doesn’t simply come apart during a wreck. Your body, however, is made of soft flesh and breakable bones. In fact, you would have to become something of a monster in order to withstand the impact of a car crash. Nearly half of all wrecks involve at least two cars. In one of the most severe kinds of crashes, a head-on collision, hitting a car traveling 40 miles per hour while you are also traveling 40 miles per hour is similar to hitting a wall at 80 miles per hour. Luckily, this is the least likely kind of accident. Rear end accidents and fender benders are the most likely, though often they are the least severe. Even in these accidents, your body takes a beating.
Going Down the Body
Let’s go down the length of the body and look at the impact on each section:
The head: Due to the laws of inertia, your body will continue to move forward, even when the vehicle lurches to a stop. Your head will likely snap forward, and can hit the dashboard, steering wheel or airbag. When this happens, your brain can slam into the inside of your skull, and the bones in your face may get broken. The brain injury may lead to a concussion or even swelling and death.
The neck: As your head snaps forward, your neck reacts to the motion. It could cause whiplash, leading to dizziness and sometimes chronic pain. If the impact is severe enough, your neck could end up being broken.
The abdomen: Your internal organs will also be carried forward by inertia. Your lungs and heart may slam into your ribcage, causing internal bleeding and bruising. This is especially true if your heart moves too violently and tears the aorta. Your ribs and arms may end up bruised or broken as well.
The lower body: Depending on the nature of the accident, your legs may be slammed into the dashboard or steering wheel. Passengers who put their feet on the dashboard could end up being crushed by an airbag, which deploys at 200 miles per hour.
Car accidents are always a serious incident, no matter how minor they may seem. If you’ve been involved in a car crash, contact our San Luis Obispo car accident lawyers today for a free consultation and to learn more about your legal options.
