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Personal Injury & Wrongful Death

Overview

Personal Injury
When someone is injured in an accident for which another party is liable, he or she is entitled to seek financial restitution. A personal injury claim involves an injured individual seeking compensation and damages from the person, company, or government institution believed to be fault. Personal injury claims may be brought on three different legal grounds: negligence, intentional wrong, or strict liability.

Wrongful Death
Wrongful death lawsuits are brought by the family of a person who has died due to the deliberate, reckless, or negligent actions of another. The goal of this type of personal injury claim is to gain compensation for close relatives, in order to help defray medical costs and provide financial support. A wrongful death lawsuit may also seek damages for pain and suffering, lost wages, mental anguish, and loss of companionship or support for the surviving relatives. A wrongful death lawyer may attempt to ensure that the family's emotional suffering is not augmented with unnecessary financial stress.

 

Amputation

Amputation is defined as removal by surgery of an external body part, usually all or part of a limb. Amputation may be required when a limb has been severely crushed or when blood circulation is impaired. Other conditions, which could lead to amputation, include infection, frostbite, burns, or arteriosclerosis. Even though a body part has been removed, some amputees report the feeling of painful sensations from the removed part. This condition is called phantom-limb pain. Eighty five percent of amputations result from peripheral vascular diseases. Amputations resulting from trauma are ten percent. Three percent from tumors and one percent from infections. Level of amputation is influenced by cosmetic appearance, functional requirements, comfort, and viability of soft tissues.
In a work place the most serious injuries are amputations. They involve a variety of activities and equipment. Amputations happen because workers operate unguarded or inadequately safeguarded mechanical power presses, powered and non-powered conveyors, food slicers, meat grinders, and so on. These injuries also happen during materials handling activities and when using forklifts, trash compactors, and powered and non-powered hand tools.

 

 

Neck, Spinal Cord, Back Injuries

An injury to your spine, neck or back can be extremely painful and may possibly inflict you for the rest of your life. The severity of the injury depends on how you were hurt as well as your age. For older people, the injury is usually more serious because older spines are less elastic, and the injury may not heal as quickly in older patients. Even in young patients, however, the pain and duration of the injury may be great.

It is important to identify the location of the injury in order to receive the correct treatment. How the injury occurred is the best indicator of how to correct the damage. The most common causes of spine, back and neck injuries are:

  • Car Accidents
  • Violent Attacks
  • Slips and Falls
  • Sports-related Accidents
  • Lifting

The most common types of injuries inflicted by such incidences are:

  • Spinal Cord Injury - The spinal cord is severely injured in the accident and may result in loss of motion or feeling to the lower extremities or permanent paralysis.
  • Slipped Disc - The pads of cartilage in between each vertebrae in your spine can be damaged or become herniated.
  • Compression Fractures - The bones of the spine break due to severe trauma.
  • Whiplash - The most common neck injury after a car accident, the neck can snap and become overextended.
   

Brain Damage

Each year over two million Americans sustain a traumatic brain injury (TBI). Many of these injuries come from trauma, such as car accidents. You have the right to seek legal assistance to help defray medical bills, compensate for pain and suffering and provide for lost potential income.

The cost of brain injuries can climb into millions depending on your circumstances, such as treatment and lost income. To help defray these costs, severe brain injury victims can often get settlements of several million dollars.

  • Car accidents in which, your insurance company or that of the other driver may be able to provide compensation.
  • Injuries at work may entail workers compensation or you may have to file a lawsuit. This will depend on how the injury occurred.
  • Falls are often related to work, construction or defective products (sometimes ladders). In many of these instances you may be entitled to legal compensation.
  • Sports-related accidents are often related to diving or football accidents. In many of these cases legal compensation may be available depending on the circumstances and negligence.
 

Burns

A burn injury can be one of the most traumatic personal injuries a person can suffer. The monetary, mental and physical costs of recovering from a burn injury are staggering. A burn injury can require months, sometimes years of hospitalization, doctors visits, physical therapy and often even require extensive counseling to overcome the mental trauma sustained from suffering a burn injury

Burn injuries often happen in industrial accidents, construction accidents or through the negligence of others. According to the Federal Emergency Management Agency (FEMA) and the United States Fire Administration, approximately one million people per year suffer burn injuries in the United States, resulting in approximately 7,000 deaths. An average of 4,400 people die and 25,100 are injured as a result of fire, with the remainder of burn injuries and fatalities resulting from motor vehicle and aircraft crashes, contact with electricity, chemicals or hot liquids and substances, and other sources of burn injury. Fire kills more Americans than all natural disasters combined.

Common burn injuries:

  • Thermal burns are caused by contact with intense heat, such as flames, steam, scalding liquids, hot metals and other sources of heat.
  • Radiation burns are caused by contact with nuclear radiation (X-rays, etc.) or ultraviolet rays such as from sunlight or tanning beds.
  • Chemical burns are caused by contact with caustic chemicals, such as acids, alkalis, detergents or solvents.
  • Electrical Burns are caused by electric current passing through the body.


Severities of burns:

First Degree Burn:
First Degree Burn damages only the outer layer of skin, or epidermis. A sunburn is typically a first degree burn. A superficial burn is usually red and turns white if you press on it. A first degree burn heals by itself in three to six days. Hospitalization is required only if fever, dehydration (not enough fluid in the body) or uncontrollable pain develops.

Second Degree Burn:
Second Degree Burn involves the entire epidermis, the top layer of the skin, and some portion of the dermis, the second layer of the skin. Second degree burns can cause blistering, and deep second degree burns are dry and may appear ivory or pearly white. A skin graft is usually recommended for deep second degree burns.

Third Degree Burn:
Third Degree Burn destroys the epidermis, first layer of the skin, and dermis, second layer of the skin. Third degree burns are dry, with a dark brown or leathery appearance. Most third degree burns larger than 3 centimeters in diameter are best treated with removal of dead tissue, immediate skin grafting, and long-term use of compression garments to minimize scarring.

Severe Burns:
Severe burns are a devastating injury, both physically and emotionally. Persons with severe burns may be left with permanent physical disabilities: loss of mobility, disfigurement, scarring, infection, muscle or tissue damage, nerve damage, respiratory system damage, loss of a limb, and permanent mental disabilities: nightmares or flashbacks from the traumatizing event and anguish from loss of a friend or family member. Severe burn injuries often necessitate long-term medical care, nursing care, physical therapy, and psychological care

   
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Disclaimer

Effective 2010, Mr. Feldman is semi-retired and on inactive status, but is consulting or referring many matters to experienced counsel with which he has maintained longstanding relationships.

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