TRAUMATIC BRAIN INJURIES (TBI)
There are many types of TBI. A skull fracture is a fracture of the hard, bony covering of the head. A closed skull fracture is occurs when there is a break in the bony covering of the skull without a break in the skin. An open skull fracture occurs when there is also a break in the skin or scalp. A contusion occurs when the force of an impact forces the brain to hit the skull. A coup contusion occurs at the point of impact with the skull. A contrecoup contusion occurs opposite the point of impact with the skull. A concussion is
DOES ‘SPRING FORWARD’ INCREASE CAR ACCIDENTS?
Will car accidents increase in the week beginning March 8, 2020? According to a recent University of Colorado Boulder study published in the Current Biology journal, the change to Daylight Savings Time in the spring results in a 6% to 8% increase in fatal car accidents during the following week. The relevant factors are the decrease in sleep, circadian misalignment and driving to work in the darkness are important factors. This effect is more pronounced in the western part of the time zones. Several states are considering abandoning the switch between Daylight Savings Time and Standard Time.
BRAIN INJURIES
March is National Brain Injury Awareness Month. The Brain Injury Association of America has sponsored this campaign for over 30 years. The Association estimates that 153 persons die in the United States every day from this injury and that more than 280,000 persons are hospitalized per year. There are different categories of brain injury. Some occur at birth, either by genetics, congenital or birth injury. Others are acquired, or occur after birth. An acquired brain injury can be either traumatic or non-traumatic. There are many types of non-traumatic brain injuries, some of which are caused by: stroke, lack of oxygen, drug overdose
CLAIMS AGAINST BUSINESS AND PROPERTY OWNERS FOR VIOLENT CRIME
If you, a relative or friend were injured by a criminal assault or other crime in a store, a shopping mall, a parking lot, a bar or tavern, an apartment building or other such commercial establishment, you should consider consulting an attorney for a possible claim against the property owner. Actual or constructive notice of past criminal activity on or near the premises is an important factor in these cases. A grocery store customer was stabbed and robbed in their adjacent parking lot where the store had actual or constructive notice of prior criminal activity in and around the store including
PENNSYLVANIA VICTIMS COMPENSATION ASSISTANCE PROGRAM
Pennsylvania law provides that persons who are the innocent victim of a crime may be eligible for compensation including: medical expenses, counseling expenses, loss of earnings, loss of support, relocation expenses, funeral expenses, crime-scene cleanup, transportation expenses, childcare, home health care expenses, and stolen case. Pain and suffering and most stolen or damaged property is not covered. The overall maximum award shall not exceed $35,000 except in limited cases. The crime must have occurred in Pennsylvania. The crime must be reported to the proper authorities or a Protection From Abuse order filed within 3 days of the crime, with limited exceptions.
PRODUCTION OF SECURITY ACCIDENT SCENE VIDEO WITHOUT DELAY
Attached is a Memorandum of Law that I recently submitted in a slip and fall case in an attempt to secure the security video evidence of the fall before my client’s deposition. The defense argued that it should not be produced prior to the plaintiff’s deposition because of its impeachment value. The court focused on the word “solely” in Rule 26 and ordered the production before the plaintiff’s deposition. UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA JAMIE E. MASSUNG, Plaintiff, vs. DOLGENCORP, LLC t/d/b/a DOLLAR GENERAL and DOLLAR GENERAL, Defendants. CASE NO. 2:19-CV-01081-PLD PLAINTIFF’S MEMORANDUM IN SUPPORT OF PRODUCTION OF SECURITY ACCIDENT SCENE VIDEO WITHOUT DELAY Plaintiff
STAIR-RELATED INJURIES
Stairs can be dangerous especially for the very young and senior citizens. The consequences of a fall from the top of the steps to a story lower can be devastating. Even a fall at the bottom of the steps can cause a serious injury. According to the April, 2018 American Journal of Emergency Medicine, over 1 million patients are treated in United States Emergency Rooms for stair-related falls each year. According to the National Safety Council’s Injury Facts, falls are the third leading cause of preventable deaths and the first leading cause of preventable nonfatal injuries in the United States. The noted
PERSONAL UMBRELLA
If you want the maximum protection possible from your automobile insurance policy, consider asking your insurance agent for a quote for a personal umbrella policy. This coverage typically insures you for an additional $1,000,000 in liability, uninsured and underinsured motorist coverage. While many people are not currently in the market for this amount of insurance coverage, it is a fairly inexpensive way to protect your own future earning capacity against accidental loss in a motor vehicle accident. A typical personal umbrella policy requires you to carry $500,000 in liability, uninsured, underinsured, and homeowner’s coverage. For an additional premium per year,
THE VANISHING REMEDY IN CAR ACCIDENTS
If you have been the victim of an automobile accident, you have certain rights which are guaranteed by law. Basically, you have the right to be returned to the same condition that you were in before the accident occurred. ¨ You have the right: To the very best medical care available with no out-of-pocket expense to you. ¨ You have the right: To recover any lost wages or loss of earning capacity which may have resulted from the incident. ¨ You have the right: To be compensated for any pain, suffering and inconvenience from the incident. ¨ You have the right: To an equitable
CAR ACCIDENTS, HEART & LUNG BENEFITS AND SUBROGATION
This office ended the unjust subrogation of Heart and Lung from police officers and other public safety personnel involved in Pennsylvania auto accidents. In 1993, when Workers’ Compensation benefits were again subjected to subrogation in auto accident cases, governments began to claim subrogation rights from Heart & Lung benefits paid to public safety personnel. Heart and Lung Act benefits were created by the Legislature to provide full payment of salary to police officers, firemen and other law enforcement officers who are injured in the performance of their duties and by reason thereof are temporarily incapacitated from performing their duties. These benefits