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Spinal Cord Injury

3 Steps To Settling Cases On Favorable Terms

November 8, 2016 by Lee Hoffoss

Almost all personal injury cases — upwards of 90 percent, in most jurisdictions — settle before trial, and many of these cases settle before a lawsuit is even filed. In most cases, the insurance company must present a reasonable settlement offer within thirty days, if liability is relatively clear. However, there are many loopholes in this standard, and the settlement process can sometimes last for months or even longer.
As a rule of thumb, a personal injury case is ripe for settlement once medical treatment is either entirely or substantially complete. How can an attorney maximize compensation in these situations?
Step One: Gather Evidence
The plaintiff has the burden of proof in personal injury matters, so plaintiff must present evidence to support his or her claims. Some of this evidence comes from eyewitnesses. They can be people that an attorney interviews later or that first responders contacted at the scene. It is important to talk to as many potential witnesses as possible, because typically, only a handful agree to give testimony at trial.
Eyewitnesses are often biased, at least to a certain extent; moreover, many eyewitnesses only saw part of the personal injury incident. To bolster eyewitnesses, attorneys turn to physical evidence, including:

  • Skidmarks: These marks on the road give clues about velocity, braking, steering angle, and other vital information.
  • Photographs: Pictures of both property damage and personal injury wounds give the attorney a better idea of how the crash occurred and are also very helpful to the jury.
  • EDR: The Event Data Recorder automatically captures operational data, much like the “black box” flight recorders on airplanes.

Since memories fade, vehicle traffic rubs skidmarks away, pictures get misplaced, and the vehicle is usually destroyed a few days after the incident, a personal injury attorney must get to work quickly to preserve this evidence.
Step Two: Legal Theories
To establish first party liability, the tortfeasor (negligent driver) must either violate a safety statute, like DUI, or otherwise violate the duty of reasonable care. Such breach (violation) must cause physical damages, like lost wages or medical bills. Victims are also entitled to compensation for their noneconomic damages, like pain and suffering and loss of enjoyment in life. A third party liability theory, like negligent entrustment, may be available as well, and these third party theories are particularly important if the tortfeasor was uninsured or under-insured.
It is also important to anticipate what legal theories the insurance company might use to reduce or deny compensation to the personal injury victim.
 
Step Three: Negotiation
Before settlement negotiations begin, an attorney must calculate the personal injury case’s settlement value. This calculation is partially based on the objective numbers in the case, such as the amount of medical bills, and partly based on a subjective analysis, e.g. the amount of damages that a jury in that parish would likely award in such cases. As in all other situations, personal injury negotiations nearly always require some give and take, if a resolution is to be achieved.
T-Claude Devall and the other experienced Lake Charles personal injury attorneys at Hoffoss Devall are committed to maximum compensation for victims. Contact us today for a free consultation.

Filed Under: Personal Injury, Uncategorized Tagged With: Investigation, Personal Injury, Spinal Cord Injury

The Long Road Back, Episode II

November 2, 2016 by Lee Hoffoss

A young man we first profiled earlier this summer continues to make slow but steady progress as he recovers from a serious brain injury.
Doctors did not expect Luke Burnham to recover after a car hit him and threw him thirty feet in the air. Mr. Burnham arrived minimally conscious at a Houston hospital with crushed bones and a serious brain injury. About a month later, specialists recall that he could finally move his left hand. A short time later, doctors put Mr. Burnham on a self-pedaling bike, and his recovery started to gain momentum. Doctors released him from the hospital so he could begin classes this fall for his senior year at St. Louis Catholic High School, where he is now an honor roll student. Mr. Burnham’s short-term goal is to be free of his wheelchair in time to walk across the stage this coming spring; after graduation, he wants to attend medical school and become a pediatrician. [Read more…] about The Long Road Back, Episode II

Filed Under: Traumatic Brain Injuries, Uncategorized Tagged With: Car Accident, Personal Injury, Spinal Cord Injury

Disaster Relief Effort Ends In Tragedy

September 19, 2016 by Lee Hoffoss

A 72-year-old flood relief volunteer from Alabama suffered a fatal head injury after a fall at an area laundromat.
Bryant Edwards “Sonny” Ellis had just arrived in Denham Springs from Satsuma, Ala. to assist other relief volunteers who were already on-site. According to Satsuma First Baptist Church Pastor Roy Hill, Mr. Ellis slipped and fell in the parking lot of a Denham Springs coin-operated laundry facility. Friends remembered him as a selfless person who loved to give of himself. “Sonny always wanted to be involved in whatever was going on, and he loved to serve,” Rev. Hill remarked.
Mr. Hill is survived by his wife of fifty years Gloria Hill, daughters Kim Moore and Chris Parker, five granddaughters and a great-grandson. [Read more…] about Disaster Relief Effort Ends In Tragedy

Filed Under: Traumatic Brain Injuries, Uncategorized Tagged With: Fatal Accident, head injury, Spinal Cord Injury

Neglected Veterans In The Bayou State To Receive Proper Brain Injury Treatment

May 30, 2016 by Lee Hoffoss

Thousands of military veterans in Louisiana and two dozen other states have received inadequate treatment for Traumatic Brain Injuries, the government now admits. So, the Veterans Administration will offer new TBI exams to about 25,000 veterans nationwide; some victims could be eligible for retroactive benefits dating back to 2007.
The investigation began at a VA medical center in Minnesota where, according to records obtained after a Freedom of Information Act request, only one out of the twenty-one professional TBI examiners qualified under the VA’s own standards. These reports prompted an investigation, which was spearheaded by Rep. Tim Walz (D-MN); the investigation revealed that many veterans were initially misdiagnosed and others received insufficient medical attention.
David McLenachen, the VA’s Deputy Undersecretary for Disability Assistance, said that “taking a look” at these disputed cases is “the only fair and right thing to do.” [Read more…] about Neglected Veterans In The Bayou State To Receive Proper Brain Injury Treatment

Filed Under: Traumatic Brain Injuries, Uncategorized Tagged With: car wreck, Pain and Suffering, Spinal Cord Injury

Everything You Need To Know About Spinal Cord Injuries

May 4, 2016 by Lee Hoffoss

Spinal cord injuries are devastating, and often come with permanent injuries that require a lifetime of care. Spinal cord injuries often occur as a result of motor vehicle accidents, falls, and workplace accidents. [Read more…] about Everything You Need To Know About Spinal Cord Injuries

Filed Under: Personal Injury, Uncategorized Tagged With: back injury, Spinal Cord Injury

Spinal Cord Damage From a Car Wreck is Often Irreversible

September 10, 2015 by Lee Hoffoss

Spinal cord injuries can vary in severity, from a fractured vertebra to quadriplegia (paralysis of both the arms and legs). Bones, muscles and ligaments may heal, but the damage done to the spinal cord is often irreversible. Even relatively mild injuries can leave the sufferer with chronic pain that requires lifelong medical care and adjustments to daily life. If you were injured in a car wreck here in Louisiana that was caused by the negligence of another, you may be able to receive a monetary judgment to cover the financial impact that the injury had on your life.
Before any damages will be awarded by a Louisiana court, however, it will be necessary to establish a causal connection between the car wreck and the spinal cord injury. An attorney will work with doctors, accident reconstruction experts and others to make that connection and prove that the other party was responsible for your injuries. It will also be necessary to illustrate to the court how the injury has affected your life and livelihood.
Depending on the severity of your spinal cord injury, you may no longer be able to work in your chosen vocation. It may be difficult to play with your children, ride a bike or perform any other ordinary task. The inability to enjoy your life as you did prior to the accident may be the most frustrating part of the accident’s aftermath.
Many attorneys may be able to handle your case, but it is important that you find one with whom you feel comfortable and one who you believe will be an aggressive advocate on your behalf. Suffering a spinal cord injury in a car wreck can turn your life upside down. Filing a personal injury claim may not get you back on your feet physically, but a successfully litigated claim can get you back on your feet financially.

Filed Under: Motor Vehicle Accidents, Uncategorized Tagged With: Car Accidents, Neck and Back Injury, Spinal Cord Injury

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