Chris Borland, a linebacker who was drafted by the San Francisco 49ers in the third round of the 2014 NFL Draft retired from the sport in March of 2015, making him “one of the first prominent NFL players to retire from professional football early in his career due to concerns over head injuries inherent to the sport.”
Borland’s concerns are based on the cases of three other NFL players, Dave Duerson, Mike “Iron Mike” Webster, and Ray Easterling who, after their deaths, were diagnosed with chronic traumatic encephalopathy (CTE), an injury that causes a breakdown in the brain. CTE, according to medical professionals, was most likely caused by the repeated blows to the head the three players suffered throughout their careers; CTE made these men experience intense suffering, often to the point of breakdown.
When he was asked to comment about the lawsuit filed by NFL players against the League for its obstruction of the research on the dangers of sustained, cumulative head trauma, Super Bowl winning quarterback and TV personality Jim McMahon said that he knew his shoulders, knees, and back, his whole body actually, would be beat up, however, nobody ever mentioned the head. Even football legend, Mike Ditka, whose whole life was football, said that, if he had a son, he wouldn’t tell him to play football: the risk is simply much worse than the reward.
Foe so long, the NFL denied any possible link between the sport and brain injuries or CTE. In 2014, however, it reversed course and settled a lawsuit filed by former NFL players amounting to more than $765 million; these players attribute their neurological problems to their time in the league. While NFL players may receive compensation, this is not the same for non-professionals, who played in college bu never made it to the NFL. Some of these former college players now also struggle with depression and short-term memory problems.
Football is a dangerous and violent game. It involves very strong and heavy players running into each other at full speed. The sad thing is, the more violent it is, the more fans, owners and camera crew are awestruck, not fully understanding these violent collisions can result to chronic brain damage and/or irrecoverable body impairment.
“During the 2015 season alone, there were over 180 reported concussions in the National Football League, an average of 10.7 concussions each week over the 17-week season. While there are safety protocols and rules in place to prevent head injuries, many of these are arbitrarily enforced by referees and team trainers alike. Often responsible parties will take negligent action in order to further the entertainment value of football games. Players frequently feel forced to perform despite incurring severe head injuries in order to retain their professional careers and fans. This is incredibly dangerous for players as repeated concussions have serious long-term effects on a person’s wellbeing, such as:
- Reduced life span
- High medical costs
- Brain damage
- Chronic headaches
- Impaired concentration and memory
- Reduced balance”
For those filing NFL concussion lawsuits, the NFL has approved a fund for settlements that players can apply to on their own. Without help from a seasoned lawyer, however, a player may not be able to receive the maximum compensation possible from the fund, which is $5 million. To receive this maximum amount, a player ought to be able to prove that he is experiencing certain long-term neurological injuries – a real challenge without legal help.
Posted by Rhett on Dec 22, 2016 in DUI | 0 comments
Driving while intoxicated is a serious offense that can have devastating consequences on the part of the driver. When it leads to the death of another person, the defendant could be charged with vehicular homicide. A Nashville criminal attorney Brent Horst will tell you that if a BAC that exceeds the limit of 0.08 and a fatal accident happens, that driver can be charged with vehicular homicide.
In order for a vehicular homicide case to be successful, the prosecutor must prove the following:
1. That the driver acted negligently while operating a motor vehicle causing the death of another person. If negligence was proven, the defendant may face an imprisonment of up to six months and the mandatory license suspension of 1 to 5 years.
2. That the death was the proximate result of committing a speeding offense in a construction zone. If proven, vehicle homicide is elevated into first degree misdemeanor and the driver can be subjected to a potential sentence of up to six months and a mandatory license suspension of 1 to 5 years.
3. Vehicular homicide becomes a fourth degree felony if any of the following conditions apply: 1) driving with no license or suspended license; 2) prior conviction of vehicular homicide or any traffic-related homicide, manslaughter, or assault offense. The driver could be subjected to 18 months in prison. The license suspension is elevated to 2 to 10 years in this situation.
4. If the driver has been previously convicted of a traffic-related murder, felonious assault, or attempted murder, the licenses will be suspended for three years to life.
In order to prove negligence on the part of the driver, the prosecutor must show that the driver understood but disregarded the fact that their driving presented a potential threat to others. Proving simple negligence will not suffice. The sentence for vehicular homicide will depend on how the offense is committed.
Posted by Rhett on Nov 3, 2016 in Disability | 0 comments
Workers who get injured during the performance of their job, or those who develop an occupational illness, are entitled to file a claim with the Workers’ Compensation for financial benefits designed to cover lost wages, cost of medical treatment, rehabilitation and death (if the injury is fatal). There are times, though, when accidents occur while off the job or when an employee suddenly gets ill, suffers a temporary health problem, or undergoes surgery which would obviously result to days (or weeks) of recovery period – any of these will definitely cause a brief pause from work. It is during this time when short-term disability benefit become very important, as this will make up for the loss of regular income and so protect an employee from the possibility of falling into a crippling financial situation.
Short term disability, which may be employer-sponsored, paid by the employees themselves, or a combination of the two, is a special insurance benefit designed to cover lost wages due to injury or illness (which are not job-related). Since the injured or sick employee can use his/her sick and vacation leaves so as not to suffer loss of pay during the first few days of absence from work, the short term disability coverage has been designed to kick off after such leaves have all been used (coverage may be from day 1 to day 14 after the injury was sustained or after the illness began).
Some employers provide their employees the short-term disability insurance as a combination to long-term disability insurance. Employees who are not provided with this benefit may avail of it on their own. One important thing that employees need to realize about this special type of insurance is that it is different from (and is not meant to replace) Workers’ Compensation Insurance, which awards financial and medical support to individuals whose injury or illness is job-related.
As explained by Raleigh workers’ comp lawyers, many common workplace injuries, such as sprains and back injuries, require a rest period while a patient recovers. Many employees who earn hourly wages are concerned about losing much needed money, and may even force themselves to work when they should not. Well, the good news is, employees who need to take time off of work can be eligible to receive compensation which will cover part of their lost wages. Having a highly-skilled workers’ comp lawyer may enable an employee to be eligible to receive this financial benefit.
Posted by Rhett on Sep 13, 2016 in Personal Injury | 0 comments
Car accidents that involve pedestrians will surely be fatal. According to the Toronto personal injury lawyers of Mazin & Associates, PC, the result could be grave injury, permanent disability, or death of the driver, bystander, and others. According to the Centers for Disease Control and Prevention, 4.735 pedestrians were killed in traffic crashes in 2013 alone. In addition, there were over 150,000 pedestrians that were injured and treated in emergency departments.
So when a pedestrian gets involved in a car accident what damages can they receive? While no amount of money can pay for the life that will be lost because of the injury or death, damages can help “make a person whole again,” as the saying in law goes. Here are some of the recoverable damages a pedestrian can receive in a car accident:
All states require vehicle owners to carry liability insurance to pay for personal injuries to third parties as well as payment for property damage to third parties. This will depend on whether the state where the accident happened follows the “no fault” clause. In these states, the insurance company shoulders the medical expenses and other costs, regardless of who was at fault.
If the pedestrian has auto insurance, they can still collect damages from their provider even if they are not driving when the accident happened. In some no fault states, there is a cap to the driver’s coverage. In other states, the driver’s insurance will shoulder the damages. If the driver has no insurance, then the pedestrian’s UIM or no fault coverage will pay for the losses.
However, the problem with mandatory coverage in no fault states as well as the UIM insurance is relatively low and does not pay for pain and suffering. For medical and lost income, there is a certain threshold and if that amount is reached, then the remaining amount will be collected from the defendant’s insurance company or from the defendant themselves.
Posted by Rhett on Apr 19, 2016 in Elder Issues | 0 comments
Assisted living is a somewhat new concept, yet it is the fastest growing stable option for health care when it comes to seniors. There are a number of services and activities aimed for the well being of seniors that would given elders their much needed physical or mental assistance while still having the independence to enjoy the new stage of their life. It lets them enjoy their golden years – all while ensuring that their health and well being are properly taken care of and looked after.
Those who wish to avail assisted living from their elder loved ones, make sure to check every facility because each is different and could offer something distinct from others. Furthermore, each state and jurisdiction has their own regulations and licensing requirements regarding assisted living facilities, and this could greatly affect the choice you make since your senior loved one may have specific needs and demands. According to SeniorAdvice.com, generally all assisted facilities give basic health and other medical monitoring along with daily care and activities. Basic meals, social programs, and access to medical aid are just among the basic activities of daily living (ADL) provided by these facilities, but if you want to find one that can cater to your senior loved ones distinct needs, then visiting and checking as many facilities are possible may be the only option.
When choosing the assisted living, factor in things such as the type of residence you wish to put your elder into, the location of the facility, the type of services offered and needed by your loved one, and the people working and living there. Make sure that the community will be and enjoyable and comfortable place for the elder and will give then the best services that they deserve. Although the cost for these assisted living spaces differ, if they can provide the best care for your senior loved one then it is not a waste of money.
The widespread reports of nursing home abuse has prompted the government to enact legislation in 1987 which demanding nursing homes that participate in Medicare or Medicaid to follow specific rules to ensure quality of care. The Nursing Home Reform Act states that nursing home have the responsibility to “…provide services and activities to attain or maintain the highest practicable physical, mental and psychosocial wellbeing or each resident in accordance with a written plan of care”. In order to engage in Medicare or Medicaid, all nursing homes should comply with federal requisites, especially for long-term nursing care facilities.
As the numbers of older patients in nursing homes and other assisted living communities increase, the seniors are being put in a very susceptible position for various types of nursing home abuse and this should cause alarm to many adult children and grandchildren on these elderly patients. As stated on the website of Habush Habush & Rottier S.C., whether the abuse was intentional or not, the family of the patient has the right to sue the doctor, nurse, hospital, or anyone who has caused abuse in the nursing home.
Just as there are several types of abuse that can happen to an elderly patient in a nursing home, there is also a number or claims that the family of the abused can file against the nursing home or assisted living communities. These can depend on the actions, whether they are physical or sexual in nature, verbal abuse, financial abuse (by way of consumer fraud or identity theft) or false imprisonment. Because in general, nursing homes have high standards of care, the family can also cite neglect in their lawsuit. They have to prove in court that the neglect was the cause of injury or abuse to their elderly family member.
Most nursing home abuse lawsuits take time to finish because they are complex and most nursing homes and assisted living communities are under corporations. Hiring an attorney who knows about this type of tort could help prevent your nursing home abuse lawsuit from being buried in the defendant’s paperwork. Once there is even little evidence of nursing home abuse, it would best to contact legal help to understand the next possible action.
Posted by Rhett on Nov 14, 2015 in Dog Bites | 0 comments
Every year, about 800,000 cases of dog bites or animal attack are reported in the US, with most of the victims being very young children and adults 60 years old or above, family members or relatives of dog owners themselves.
Dog owners naturally hold the belief that their dog/s is/are the greatest and the friendliest dog/s anyone can have. This is because dogs are generally friendly, loyal and adorable pets. Owners, however, should never dismiss the thought that there are certain factors that can make a dog feel threatened or over playful so that their next action would cause injury to someone. At other times, when allowed to run free, when they lack the much needed exercise, keeping their energy unspent, or when their owners fail to properly train them, then they can injure and even kill. Some of the serious damages that a dog can cause include disfigurement, scarring, severe laceration, bone fracture, crushed windpipe, nerve and muscle damage leading to loss of function or paralysis, loss of digits or limbs, disease and infection (such as rabies), or wrongful death.
According to the US Centers for Disease Control and Prevention (CDC), of the 800,000 reported dog bites each year; about 368,000 victims are rushed to emergency departments; in 2012, more than 27,000 dog-bitten people required reconstructive surgery. Due to these, CDC continuously works to find ways that are aimed at reducing the number of dog bites and animal attacks in the US. One of these means is the implementation of the leash law, or “Running at Large Statutes,” which states that dogs should be on leash, especially in public areas, like parks and woods trails, so as to keep them from injuring anyone.
Since dogs are their owners’ full responsibility, anyone these pets may injure are, therefore, the owners’ responsibility too. An Indianapolis personal injury lawyer may mention that those who get injured by other’s dogs have the right to pursue legal action against the owner for the purpose of recovering the compensation needed for their medical treatment, as well as for other damages that will result from the injury caused by the animal.
Many dog owners should learn and know how to take proper care of their pet/s and how to keep it/these from being a threat to anyone. Likewise, dog bite and dog attack victims need to know a number of important things, such as their legal right and options and possible right to compensation; things about which a dog bite attorney may be able to provide the needed legal help.
Motorcycles are becoming more and more popular in society, associated with freedom and the open road. However, the harsh reality is that motorcycles are often far more dangerous than a normal car. With less protection and a smaller vehicle, motorcycle accidents can be some of the most devastating and terrifying. When cars fail to drive properly around motorcycles, these dangers are increased and can lead to life changing injuries.
There are many causes of motorcycle accidents. Due to their smaller size, motorcycles are less visible to cars overall making it harder for drivers to see them. Motorcycles also have no metal barrier between them and other vehicles around them like normal cars. This also means that debris that may not affect a car, like small objects or wet roads, can cause a motorcycle to be in a serious accident. Motorcycle drivers require a higher skill level to drive a less stable two-wheel car. Sadly, even if motorcyclists take the proper precautions, the reckless actions of another driver can lead to a life-threatening accident.
The consequences of motorcycle accidents can stretch far beyond having to replace the vehicle. Along with immediate medical bills, a motorcycle accident can leave an individual out of work for good if the injury sustained was too great, according to the website of Crowe and Mulvey. This can cause physical and emotional trauma for an individual that lasts long beyond when their injuries heal. While motorcyclists need to take proper precautions, such as wearing a helmet, to ensure safety, it is also the responsibility of drivers to respect motorcycles and drive cautiously around them.
Did you know that Louisiana is one of the few states (and the first) to have a direct action statute for car accidents and other tort actions? Direct action means that an injured party can directly name the insurance company of the tortfeasor (wrongdoer) as the defendant in a personal injury lawsuit.
This is an important factor. The main advantage of being in a direct action state is that the plaintiff no longer has to sue the insured (who was the actual wrongdoer) first and then going through the process of claiming from the insurance company if the lawsuit is successful. In effect, the plaintiff can eliminate that extra step.
Another advantage is that if the plaintiff can prove that the tortfeasor has the right liability insurance coverage, the judge or the jury is more likely to award larger damages. They are typically more likely to do this if they know that an insurance company rather than the insured will be paying it. If the defendant is an individual with no insurance, juries are more likely to be sympathetic and reluctant to pass down a large award.
Louisiana is the first state to have a direct action statute. It has been in place since 1918, and it is based on the rationale that insurance coverage for car accidents is for the protection of the public, and not for the insured. It is therefore logical for an injured party to make a claim directly to the insured’s carrier. However, the plaintiff still has to prove that the insured acted negligently and that it is the proximate cause of serious injury or death.
As pointed out on the website of Ali Mokarram, proving negligence in a car accident is not going to be easy. With a one-year statute of limitations, and the added complication of the time restrictions that may exist in the insurance policy, it is crucial that the plaintiff files a lawsuit as soon as possible after an accident.
If you sustained serious injuries in a negligent car accident in Lake Charles or any other part of Louisiana, you need to act quickly. Consult with a car accident lawyer in your area as soon as possible.
Posted by Rhett on Feb 25, 2015 in Product Liability | 0 comments
We have all seen the warning on the plastic or box of toy products with small parts: choking hazard. We are usually careful to purchase age-appropriate toys to avoid these issues but sometimes these precautions are not enough. Even if there is a warning and age restrictions, some toys are just too dangerous to be sold for use.
This was the case of a toy dart set imported from China by an American company that resulted in the death of an 8-year-old boy from Texas. It is usually the size of the toy part that constitutes a danger to very small children because they will often push these parts into their ears or nose or even swallow them. However, when the toy poses a danger to a child within the appropriate age range, then it can be considered “unreasonably dangerous.”
Above case, the Consumer Product Safety Commission launched an investigation that resulted in the issuance of a recall order of the product. But this is not the only toy that needs to be taken off the shelves.
According to this article, the following may also pose a threat to children:
- Bead sets with easily detachable heart pendant small enough to choke on
- Animal toys with parts that detach and represent a choking hazard (no small parts warning)
- Toys that look like food
- Lead-containing inflatable toys
- Antimony, cadmium and phthalates in toys
- Too-loud toys
Just because a product is found in the toy department in a major retail store does not mean that it is safe for a child’s use. If your child has acquired or been given any of the toys in this list, you should remove it at once. You may not have been aware of the dangers they pose, especially the toxic elements that may be present in the toy’s materials.
According to the website of Ritter & Associates, if your child has been seriously harmed because of a toy, you may be able to bring the manufacturer or importer to account for their negligence. Contact a personal injury lawyer in your area to find out more about product liability.