1) Design defect of the guardrail; 2) manufacturers defect of the guardrail; 3) incorrect installation of the guardrail; 4) faulty guardrail maintenance; and 5) negligent or shoddy guardrail repairs.

The purpose of a guardrail is obvious.  But, what most people do not know is that a guardrail must react to a collision in a specific way.  If someone is involved in an accident on the road involving a guardrail and that accident was catastrophic in nature, the accident many times could have or should have been minor if it wasn’t for the guardrail.

The key to successfully litigating a defective guardrail case is to follow up with an attorney immediately so that the proper photographs and investigation of the guardrail can be conducted by your lawyers experts.

If you or a loved one were involved in an accident and a guardrail was hit please call the Guardrail Lawyers at 1(800)WE-FIGHT for a free consultation.  No fee unless we win your case.  We have convenient locations all over New York.  Hospital and home visits are available.

The symptoms of minor traumatic brain injury (diffuse cerebral dysfunction) that the injured person typically has are as follows:

1) difficulty concentrating; 2) mood swings; 3) headaches; 4) blurred vision; 5) difficulty remembering (short term memory loss).  This list is not exclusive and other similar symptoms may present.

The types of minor traumatic brain injury or diffuse cerebral dysfunction are 1) reversible and 2) irreversible.  If you have been in an accident and you are experiencing any of the above symptoms it is vital that you see a neurologist as soon as possible.  If the problems persist it is important that you press your neurologist and request the neurologist refer you to see a neuropsychologist.  A neuropsychologist is a subset of neurology and this practitioner is critical in determining whether your diffuse cerebral dysfunction and cognitive deficits are traumatically induced (caused by your accident) or not.

You, the injured person, is the only one who truly knows your body and mind and it is important to be aware of the warning signs of this undiagnosed condition of minor traumatic brain injury.  If gone untreated this traumatic injury could have long lasting or permanent effects.  It is important to note that the impact sustained in the accident does not necessarily need to be a major one.  Seemingly minor jerking motions can, and often do, result in minor traumatic brain injury.  A lawyer experienced in these types of cases is a good ally to have.

If you or anyone you know was involved in an accident and believe minor traumatic brain injury is the cause of suffering please call the traumatic brain injury lawyers right away.

The publics general misunderstanding that large verdicts such as this are a windfall and essentially a lottery ticket are misplaced when one reviews the conservative estimates of the lifetime earning capacity of an individual and his current inability to work and support his family who depend on him to survive.  After all, this is what insurance is for.  We should all remember that tort reform takes away the rights of injured persons.  Notably, there have been various instances where a politician has caved to the special interests of insurance companies and passed tort reform laws to limit the rights of injured persons only to reverse their positions.  They reversed their positions and the law because they or a family member have personally experienced injuries and were not afforded fairness under the current law.

The article reviewed below is an example of our judicial system operating just and fairly for the injured.  My hat is off to the jury.  Well done. 

01/18 – National Legal News

A Los Angeles County jury has awarded $15.7 million to a man who was hit by a dump truck while riding his motorcycle in the San Fernando Valley.

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Jurors awarded plaintiff Barry Bowman, a 62-year-old security guard and former Los Angeles police officer, $11 million for his pain and emotional distress caused by the accident, which occurred in October 2004. They also awarded him $4.7 million for his medical expenses and lost income.

Bowman’s attorney, Michael Alder, says that Bowman suffered brain damage as a reult of the accident and now requires round-the-clock care.

According to Bowman’s lawsuit, the dump truck involved in the accident was operated by Tommie Wyatt Trucking, a company that had been hired by the city to transport asphalt.

During the trial, city attorneys disputed the city’s liability in the accident by arguing that the vehicle’s driver had finished working for the day and was not on a job site when the incident occurred. They also contended that the truck was traveling at 2 mph when it struck Bowman. Alder, however, claimed that it was moving at 14 mph.

The case went to trial after attorneys for both sides could not reach an agreement, Alder said, adding that city lawyers were unwilling to offer more than $50,000 to settle the case.

The city is currently deciding whether to appeal the verdict.

The fact that the city is currently contemplating whether to appeal is telling.  I suspect that they will not appeal as they are taking a huge risk in my opinion. 

Call the aggressive, caring lawyers toll free at 1(800)WE-FIGHT and visit us on the web at www.1800WeFight.com or use our free “Ask an Attorney” email service.

As such, it is important to retain a lawfirm with experience in these types of cases so they are ready to defend against and/or preempt a motion to remove the case to federal court.

Another issue that you contend with in these types of cases as a lawyer is the statute of limitations.  Depending on what state or what court, (state or federal level), the case ends up in will control the statute of limitations on the case.  Thus, the proper preparation and legal research is critical. 

If you or a loved one has been injured in a gas tanker accident please call us today, do not delay as the law limits the amount of time you have to file a claim.

It is important to realized that diffuse cerebral dysfunction comes in two type, reversible and irreversible.  Whether it is traumatically induced or not is for a doctor to determine.  But it is critical that a person injured in an accident know the warning signgs which are, including but not limited to: difficulty concentrating, mood swings, short term memory loss (becoming suddenly forgetful about things), headaches and difficulty sleeping.

A shocking fact about minor traumatic brain injury is that the accident does not require a violent impact.  A simple jerk of the neck or bump on the head can cause it and result in a lifetime of struggle and permanent damage.  Once an injured accident victim understands the risks and realizes they need to see a doctor immediate examination by a doctor and treatment (if needed)  is critical.  A doctor known as a neurologist and then a neuropsychologist is the appropriate medical professional to see.  I would advise to first see your primary care doctor with your symptoms or complaints and have him or her determine whether a referral to a neurologist is the correct medical strategy.

If you or a loved one is experience the above symptoms and believe you might have minor traumatic brain injury from an accident your were involved in call an experienced brain injury lawyer right away.  The longer you wait the more difficult it will be to make you whole again.

It is important to know the warning signs or symptoms and go the a neurologist who will be thourough in his examination and take a full history.  Moreover, choosing the right lawyer who is experienced in these types of injuries and cases is critical.

If you or a loved one has been in a car accident or any type of accident and you suspect minor traumatic brain injury please call the New York Brain Injury Lawyers for a free consultation at 1(800)WE-FIGHT.  Do not delay as the law limits the amount of time you have to file a claim.

This test is critical but one of many tests that are used to determine the cognitive deficits, if any, that exist in a person complaining of traumatic injuries to the head or neck.

Obtaining the right medical treatment is vital.  The first step is to see a neurologist and, if he sees fit, he or she will refer you to a neuropsychologist for further testing of your cognitive status.

Hiriing the right New York lawyer experienced in traumatic brain injury cases is almost equally important as the doctor you choose.  If you do not the lawyer may not place the right value or seriousness of your case.  That can have disastrous effects on the settlement or verdict value of your case.

If you or a loved one has suffered traumatic brain injury as a result of a car accident or any type of accident please call the New York Traumatic Brain Lawyers at 1(800)WE-FIGHT.  A lawyer is standing by to speak to you right now absolutely free.

The report also states that men are more than twice as likely to be hospitalized from their injury as women, and men in the 25-34 age group were more than three times as likely to be hospitalized than women.

You can read more on the Australian Institute of Health & Welfare’s report here.

The Australian Institute of Health and Welfare published a new report stating that men are two thirds more likely to suffer from a traumatic brain injury than women. The report shows that one in every 45 people suffer from an acquired brain injury, and more than two thirds of those suffering are men.

The report also states that men are more than twice as likely to be hospitalized from their injury as women, and men in the 25-34 age group were more than three times as likely to be hospitalized than women.

You can read more on the Australian Institute of Health & Welfare’s report here.

If you find this information helpful or have any questions about brain injury law and would like a free consultation please call the Brain Injury Lawyers at 1(800)WE-FIGHT.

Even if the impact was seemingly slight, as long as the impact was jarring enough you may be suffering from minor traumatic brain injury.  An impact involving whiplash or a jerking of the neck or a head impacting with a windshield or other part of the car or object puts one at risk.  As such, if you have experienced this you should see a neurologist right away.

The warnings signs or symptoms of minor traumatic brain injury include but are not limited to difficulty concentrating, short term memory loss, mood swings, difficulty sleeping, and headaches.  If a neurologist determines you may be suffering from minor traumatic brain injury he will refer you to a neuro-psychologist for cognitive testing.  They are instrumental in paving the way to the road to recovery for a victim suffering from minor traumatic brain injury.

If you were hurt in any type of accident you may be suffering from minor traumatic brain injury.  Choosing a lawyer experienced in minor traumatic brain injury cases is vital.  Call the New York Brain Injury Lawyers today for a free, confidential consultation at 1(800)WE-FIGHT.

You usually see traumatic brain injury in accidents involving trucks or motorcycles or construction accident cases.  This list is not exclusive, obviously, and it should be noted that traumatic brain injury can also happen in seemingly less serious accidents.

Navigating through the complex medical records and reports meticulously when reviewing whether a person has sustained a traumatic brain injury is critical to success in the courtroom.

Attorneys experienced with traumatic brain injury cases have an advantage.  Choosing the right brain injury lawyers in New York makes all the difference.  If you or a loved one were in an accident and have sustained traumatic brain injury call the New York Brain Injury Lawyers right away at 1(800)WE-FIGHT.