A jury called me the “people’s lawyer.” I can help anyone injured due to negligence of a company, big corporation. . . . I am personally involved in my cases because I take very few and I stand in the shoes of my client. I will not only get you the maximum settlement I will make sure your mental and emotional needs as well as financial are taken care of.
If you or a loved one has suffered a personal injury at the hands of a federal, state, or local government agency or employee, you may be eligible to file a lawsuit against the government to seek compensation for your losses.
However, it is important to know that there are strict guidelines you must follow in order to make claims against the government. The government and their subdivisions have “immunity” to liability and lawsuits, which means they usually cannot be sued unless they give their permission.
Most state and local governments have laws which contain a set of rules that must be followed in order to file a personal injury claim against them. These laws are called Tort Claims Acts and waive the government’s immunity to legal liability lawsuits. However, be sure to note that if you do not follow the rules stated in these laws, you will immediately forfeit your right to receive economic recovery for injuries caused by the government.
In the event that you suffered a serious personal injury caused by the negligence or wrongdoing of a government entity or employee, you must file a “notice of claim” within 60 days of your injury whether or not the fault of the government is clear. The process of filing claims against the government varies from state to state, but filing a notice of claim in accordance with the statutory requirements is the most important first step in the process.
The notice of claim will notify the government that you suffered an injury and give the entity or agency an opportunity to respond to your argument before you are permitted to file a personal injury lawsuit. The government may accept your notice of claims, but this is rare. Usually your claim will be denied, giving you the freedom to bring a lawsuit against the government in an attempt to hold them responsible for the damages you’ve suffered.
If you need information regarding specific rules and guidelines for filing claims against the government, it is always best to contact the government agency that was involved in the accident. If you’re not sure which government entity should be held liable for your injuries (city, county, or state), your safest bet is to submit a notice of claim to any government-affiliated organization that could possibly be at fault.
Bringing a lawsuit against the government can be a very complex matter. It is highly recommended that you seek the early advice of a qualified and experienced attorney who will ensure your legal rights and interests are fully protected.
To help you deal with your insurance company following an accident or injury or death it is important to follow specific steps. These steps will help to fully protect your legal rights and interests. Auto accident claims are typically handled through insurance companies who say that filing a claim is meant to be a simple process. However, it is not uncommon to find you are dealing with an unreasonable agent who refuses to fairly settle your claim. When dealing with your insurance company after an injury or if you have been involved in an accident it is important to remember the following steps.
Don’t forget that you signed a contract with your insurer. They have a legal obligation to provide the coverage promised. You have paid premiums to have this protection. If you believe your claim was not fairly adjusted, it is important to seek the immediate assistance of an experienced attorney who can help you bring legal action against your insurance company.
A certain set of criteria must be met to successfully prove your case. Every personal injury claim deals with two issues: Liability and Damages.
The burden of proof falls on the plaintiff to prove a personal injury claim. The plaintiff must prove by a preponderance of evidence that the defendant was at fault for the plaintiff’s injuries. This means the standard requires you to show your version of the facts to be “more than likely” true.
Once liability has been established then damages must be be proven. The plaintiff has a responsibility to show what damages were caused or are anticipated because of the personal injury. This may include easily quantifiable things such as past medical expenses or other less quantifiable things such as loss of companionship. The court will determine the compensation due once the damages have been proven. Punitive and other damages will be considered at this time.
You may have the legal right to file a personal injury lawsuit if you or your loved one have suffered a serious personal injury as a result of another party(s) negligence or wrongdoing. The personal injury claim would seek to compensate you for the damages suffered. This would include economic recovery for your losses, pain and suffering, lost earning capacity including present and future expected losses, medical expenses, and more.
A personal injury claim is called a “ tort ”. It is intended to protect those who have been harmed due to another party’s actions or negligence.
In many cases of personal injury, expert witness testimony (e.g. medical expert testimony) may be required to prove that your injuries were the result of the defendant’s actions or negligence. This is particularly true in cases of medical malpractice, where a breech of duty must be proven. Many states have established a “Cap” on medical malpractice for pain and suffering. In California the cap is $250,000.
Personal injury cases are also subject to a statue of limitations, which varies from state to state. The statute limits the time a victim may file a personal injury lawsuit. A statute of limitations can range anywhere from months to years following the date of the incident or the date of discovery (depending on the specifics of your case). It is important to speak with a qualified personal injury attorney to preserve your legal right to file a claim.
Because personal injury laws can be complex it is important to consult early with a qualified personal injury attorney to evaluate your claim, build a strong case with clear evidence and expert testimony, and protect your legal rights and interests.
From top to bottom down the entire length of the spine, at each spinal level nerves exit through holes in the bone of the spine (foramen) on the right side and left side of the spinal column. These nerves are called nerve roots, or radicular nerves. They branch out at each level of the spine and innervate different parts of our body. For example, nerves that exit the cervical spine travel down through the arms, hands and fingers. This is why neck problems that affect a cervical nerve root can cause pain and other symptoms through the arms and hands, and low back problems that affect a lumbar nerve root can radiate through the leg and into the foot (sciatica).
As mentioned earlier, there is no spinal cord in the lumbar spine. Because of this, and because the spinal canal is usually fairly spacious in the low back, problems in the lumbosacral region (the lumbar spine and sacral region of the spine) usually cause nerve root problems, not spinal cord injury. Even serious conditions such as a large disc herniation or fracture in the low back are less likely to cause permanent loss of motor function in the legs (paraplegia, or paralysis).
The nerve roots are named for the level of the spine at which they exit. However, nerve roots are not labeled consistently throughout the length of the spine.
The area that the naming change occurs is at the C7-T1 level (Thoracic 1), meaning that there are 8 cervical nerve roots and only 7 cervical vertebrae. Here, the C8 nerve exits UNDER the C7 vertebra and OVER the T1 vertebra. >From this point down through the upper back, lower back and sacral region, the nerve is named for the upper segment of the spine that the nerve root runs between (and the pedicle it passes UNDER as it exits the spine). This is part of the picture. However, the doctor may still say that you have a problem with the L5 nerve root at the L4-L5 level. Since we just explained that the L4 nerve root exits at the L4-L5 level, this sounds like a contradiction. However, both statements are correct, and can be explained by the fact that there are two nerve roots at each level.
It should be mentioned that two nerves cross each disc level and only one exits the spine (through the foramen) at that level.
A lot of confusion occurs because when a nerve root is compressed by disc herniation or other cause, it is common to refer both to the intervertebral level (where the disc is) and to the nerve root that is affected. Depending on where the disc herniation or protrusion occurs, it may impinge upon either the exiting nerve root or the traversing nerve root. For example: When the traversing nerve root is affected: In the lumbar spine, there is a weak spot in the disc space that lies right in front of the traversing nerve root, so lumbar discs tend to herniate or leak out and impinge on the traversing nerve root. For example, a typical posterolateral (behind the disc and to the side) lumbar disc herniation at the L4-L5 level often affects the nerve that traverses the L4-L5 level and exits at the L5 level, called the L5 nerve root.
When the exiting nerve root is affected: The opposite is true in the neck. In the cervical spine, the disc tends to herniate to the side (laterally), rather than toward the back and the side (posterolaterally). If the disc material herniates to the side, it would likely compress the exiting nerve root. For example, the C6 nerve root would be affected at the C5-C6 level (because in the neck the exiting nerve root is named for the level below it).
Another word for the nerve root is “radicular nerve”, and when a herniated disc or prolapsed disc presses on the radicular nerve, this is often referred to as a radiculopathy. Thus, a physician might say that there is herniated disc at the L4-L5 level, creating an L5 radiculopathy or an L4 radiculopathy, depending on where the disc herniation occurs (to the side or to the back of the disc) and which nerve root is affected. The lay term for a radiculopathy in the low back is sciatica.
As a disc degenerates, it can herniate (the inner core bulges) into the spinal canal, which is known as a disc herniation (or a herniated disc). The weak spot in a disc is directly under the nerve root, and a herniated disc in this area puts direct pressure on the nerve, which in turn can cause pain to radiate all the way down the patient’s leg to the foot.
Approximately 90% of disc herniations will occur at L4- L5 (lumbar segments 4 and 5) or L5- S1 (lumbar segment 5 and sacral segment1), which causes pain in the L5 nerve or S1 nerve, respectively.
Terms such as “herniated disc”, “pinched nerve”, and “bulging disc” are used differently by individual healthcare practitioners. There is no agreement in the healthcare field as to an exact definition of any of these terms. Often a patient hears his or her diagnosis referred to in these different terms from health care practitioners. This leads to confusion for patients about their diagnosis. The actual source of the a patient’s low back pain, leg pain, or other symptoms will lead to a better understanding of the precise diagnosis for the patient.
Some examples of terms used to describe spinal disc abnormalities include:
An individuals’ symptoms of disc injury or degeneration, and their relief from treatments, can vary tremendously. Patients are encouraged to provide complete and accurate descriptions of their symptoms as possible to their doctor. The actual source of the a patient’s low back pain, leg pain, or other symptoms will lead to a better understanding of the precise diagnosis for the patient.
A physician’s medical diagnosis focuses on determining the source of a patient’s pain. For this reason, the medical diagnosis of a patient’s low back pain, leg pain, or other symptoms is based on more than just the findings from a diagnostic test, such as an MRI scan or CT scan. The doctor evaluates all of the findings from tests, symptoms, medical history, trauma or injury, complete physical examination and sometimes the results of additional diagnostic tests.
After the physician has a good idea of the source of the patient’s pain, a diagnostic test, such as a CT scan or an MRI scan, is often ordered to confirm the presence of a herniated disc or other lesions in the spine. The tests can give a detailed picture of the problem, such as the location of the herniated disc and impinged nerve roots. Your doctor may want more extensive diagnostic tests. One such test is a discogram to develop as much information as possible about the patient’s condition. This test is expensive and somewhat painful because it is a ‘provocative’ test (i.e., it is designed to provoke pain responses in the patient to locate the area of pain generation). For this reason many doctors will refrain from using discography unless necessary.
Although the findings on an imaging study (CT scan, MRI or X-Ray) and other diagnostic tests are important they are not in and of themselves diagnostic: Sometimes lesions present on an imaging study may not be symptomatic. Many people have some level of disc degeneration by the time they reach 60 years old. It is important to match the findings from a patient’s physical exam, symptoms, diagnostic test results, history of trauma or injury and medical history to arrive at an accurate medical diagnosis. This is especially important to create an effective treatment plan.
The key factor in a clinical diagnosis is to determine if the patient has a pinched nerve or if the disc space itself is generating the pain. These two common conditions produce a different type of pain.
While radiographic findings are important, they are not as meaningful in determining the source of the pain (the clinical diagnosis) as the patient’s specific symptoms and the doctor’s findings on physical exam.
An individuals’ symptoms of disc injury or degeneration, and their relief from treatments, can vary tremendously. Patients are encouraged to provide complete and accurate descriptions of their symptoms as possible to their doctor. The actual source of the a patient’s low back pain, leg pain, or other symptoms will lead to a better understanding of the precise diagnosis for the patient.
In most cases, if a patient’s low back and/or leg pain is going to resolve after a lumbar herniated disc it will do so within about six weeks. While waiting to see if the disc will heal on its own, several conservative treatment options can help reduce the back pain, leg pain and discomfort caused by the herniated disc.
If the pain continues after six weeks, it is reasonable to consider microdiscectomy surgery as an option to alleviate the pain from the herniated disc. A microdiscectomy essentially acts as a microdecompression of the nerve root to provide the nerve with a better healing environment.
Surgical intervention can only treat anatomic anomalies that have been shown to generate pain; surgery is not appropriate in cases where disc degeneration—even severe disc degeneration – may not be the cause of a patient’s pain, or in situations where the patient has chronic pain but the exact source cannot be adequately identified.
A small operation using a microscope to treat a lumbar herniated disc, a microdiscectomy can usually be done on an outpatient basis or with an overnight stay in the hospital, and most patients can return to work full duty in one to three weeks depending on their occupation.
With an experienced surgeon, the success rate of surgery for a lumbar herniated disc should be about 95%. Usually, only the small portion of the disc (5-8%) that is pushing against the nerve root needs to be excised, and the majority of the disc remains intact.
How the back problem relates to patients symptoms can result in real confusion for patients. Spinal anatomy and the location of the back problem is complex and easily leads to intimidation for patients. Even health care professionals who deal with back problems on a regular basis find them complex. Some common questions a patient may have for their doctor are:
It is often hard for patients to understand their back problems and how it relates to their symptoms. This is a common and is not anyones fault. A doctor may spend a great deal of time explaining the anatomy of the spine and how a patients symptoms may be caused by an injury or trauma to the back. Back problems are difficult to describe and difficult to understand.
Conditions that involve damage to the spinal cord (which can cause paralysis) typically involve trauma or disease in the cervical spine or thoracic spine. This is different from the majority of back problems that cause pain.The spinal cord begins at the base of the brain and runs down through the cervical and thoracic spinal canal. It ends just before the lumbar segments begin (See Figure 1). This means that there is no spinal cord in the low back but there are still nerves.
Some neck problems (such as cervical stenosis) can impinge on the spinal cord and produce symptoms such as difficulty with coordination, it is far more common for back problems to affect the nerve roots rather than the spinal cord.
Nerve roots exit through holes in the bone of the spine at each level. The largest nerve in the body is the sciatic nerve that exits from a bone in the lower lumbar spine. Often back problems affect the nerve roots as they exit the spine. This can cause pain and other symptoms that radiate to the extremities (called a radiculopathy). In the low back, the way the nerve roots exit and branch off from the lumbar spine and sacral region looks like a horse’s tail (cauda equina). They exit to each side between the bones in the spine, and travel down through the low back, across the back of each buttock, down into the lower extremities.
The spine is divided into 4 major sections, typically defined by the number of vertebrae (the round bones that make up the structure of one’s back bone) in each section. Vertebrae are also sometimes called vertebral bodies (See Figure 1).
Disorders are common in the lumbar spine and at the top of the sacral region, as this area supports most of the body’s weight which creates stress on the structures in this area. The combination of these two sections of the lower back is often referred to as the “lumbosacral region”.
People with back problems that get better within a few weeks usually have a strained muscle (a pulled muscle) or other soft tissue damage. However, many back problems that don’t get better within a few months are caused by some type of problem with a spinal disc\or nerve. This may result in a herniated disc.
Each of the vertebral bodies (or vertebrae) have a disc (intervertebral disc, spinal disc, or disc) between them along the back bone. Each disc is named according to which two vertebral bodies it lies between. For example:
The vertebra, disc and the vertebrae below the disc comprise one segment of the spine. This is called a spinal level or spinal segment. The L4 vertebra and L5 vertebra, along with the disc in between them, make up the L4-L5 segment.
Discs are always labeled for the vertebrae that they lie between. These include the cervical, thoracic and lumbar spine. For example, the C1-C2 disc in the neck lies between the first and second vertebrae in the cervical spine, and the T1-T2 disc lies between the first and second vertebrae in the thoracic spine.
The spinal nerves are labeled differently. Back injuries are often described by both the spinal segment and the nerve root that is affected. Each spinal level nerve exits through holes in the bone of the spine (foramen) on the right side and left side of the spinal column. This occurs from the top to the bottom of the spine.
These nerves are called nerve roots, or radicular nerves. At each level of the spine they branch out and innervate different parts of our body. For example a nerve that exits the cervical spine (cervical nerve root location) traveling down through the arms, hands and fingers can cause pain, numbness and other symptoms. Back problems that affect a lumbar nerve root can radiate through the leg and into the foot causing pain (sciatica).
As mentioned earlier, there is no spinal cord in the lumbar spine. Because of this as well as the spinal canal being fairly spacious in the low back, problems in the lumbosacral region (the lumbar and sacral region of the spine) usually cause nerve root problems, not spinal cord injury. Even a serious condition such as a large disc herniation\or a fracture in the low back are less likely to cause permanent loss of motor function in the legs (or paralysis).
The nerve roots are named for the level of the spine at which they exit. However, nerve roots are not labeled consistently throughout the length of the spine.
The area where the change of name occurs is at the C7-T1 level (Thoracic 1). This means there are 8 cervical nerve roots and only 7 cervical vertebrae. The C8 nerve exits UNDER the C7 vertebrae and OVER the T1 vertebrae. At this point and continuing down through the upper back, lower back and sacral region, the nerve is named for the upper segment of the spine the nerve root runs between (and the pedicle it passes UNDER as it exits the spine).
There are two nerves crossing each disc level but only one exits the spine (through the foramen) at that level.
When a nerve root is compressed by disc herniation or other cause, it is common to refer both to the intervertebral level (where the disc is) and to the nerve root that is affected. Where the disc herniation or protrusion occurs, will determine if it impinges upon either the exiting nerve root or the traversing nerve root. For example:
Another word for the nerve root is “radicular nerve”, and when a herniated disc or prolapsed disc presses on the radicular nerve, this is often referred to as a radiculopathy. Thus, a physician might say that there is herniated disc at the L4-L5 level, creating an L5 radiculopathy or an L4 radiculopathy, depending on where the disc herniation occurs (to the side or to the back of the disc) and which nerve root is affected. The lay term for a radiculopathy in the low back is sciatica.
Every year approximately 5,000 pedestrians are killed as a result of auto accidents in the United States. These accidents also result in tens of thousands more injuries. Two percent of those injured or killed in traffic accidents annually are pedestrians. In addition, non-vehicular incidents account for pedestrian accidents as well. Even though pedestrian fatalities in recent years have dropped pedestrian safety is still a problem.
Some less common types of pedestrian accidents include a driverless vehicle incidents or someone who is struck by fallen cargo. Environmental hazards and dangerous pavement can also cause pedestrian accidents. However, the most common cause of pedestrian accidents is human negligence (usually a driver’s negligence).
Circumstances vary from case to case. Fault rests with the liable party. This may be a motorist who strikes the pedestrian, the party responsible for maintaining the area where the accident occurred, an auto manufacturer, or the pedestrian him/herself. If another party’s wrongdoing or negligence caused the pedestrian accident, the insured party may be able to seek compensation for losses and suffering. This is true even if the injured party was partially at fault for the accident.
The most important action to take is to call the police to file a report. Do not leave the scene of the accident unless medically necessary. Gather as much information as possible including the names of all parties involved and witnesses. If possible take photos of the scene and of all injuries sustained. Because these types of accidents and injuries are complex it is important to protect your rights. You should strongly consider contacting a personal injury attorney experienced in pedestrian accidents before entering into negotiations with an at-fault driver or an insurance company.
You have the right to pursue a claim to recover damages if you have suffered injury due to someone else’s negligence or wrongdoing. To preserve your rights it is very important to consult early with a personal injury attorney .
Every pedestrian accident is subject to a statute of limitations, this places a limit on the time you have to file. Please contact the Law Office of Barry J. Simon for a free consultation to understand your rights and preserve your legal claim to recover damages.
While statistics seem to suggest that bicycling is safer than other modes of transportation, there are still significant risks associated with riding a bicycle. The number of fatalities resulting from bicycle accidents is comparatively large, constituting two percent of all vehicle-related fatalities. Furthermore, head injuries represent an overwhelming majority of the injuries sustained in bicycle accidents and are by far the most dangerous.
If you or a loved one has suffered injury or death in a bicycle accident, you may be eligible to receive compensation for your losses and suffering. An experienced attorney can help you recover damages lost as a result of a bicycle accident.
Bicycle accidents can occur for a number of reasons. The most common cause of bicycle accidents is motorist or rider error, environmental hazards such as uneven pavement or potholes, and bicycle mechanical failure or defect.
Whatever the cause of the accident, the injuries can be severe. Injuries sustained due to a bicycle accident can include:
If you or someone you love has been injured or killed in a bicycle accident, you have the right to pursue a legal claim to be compensated for your losses and suffering. Depending on the circumstances of the accident, a claim can be made against the at-fault party, their insurance company, or even the bicycle or vehicle manufacturer. It is important to remember that a statute of limitation applies to bicycle accident cases, limiting the amount of time you have to file your claim. An attorney experienced in bicycle accident cases can help you to understand your rights and determine the best way to protect your interests. Please contact us to speak with an experienced attorney FREE of charge.
Child Bicycle Accident Results in $2M Settlement
Large trucks, also called semis, tractor-trailers or big rigs, are involved in a disproportionate number of auto accidents compared with other motor vehicles. Tragically, a much larger percentage of large truck accidents result in fatalities. The occupants of large trucks, however, are less frequently injured or killed in these crashes than other vehicle occupants. One of the most frequent causes of trucking accidents is a truck rollover. Large trucks are much more likely to roll over than other vehicles. Big rigs have a high center of gravity, particularly when carrying a payload. Partially filled tankers and uneven loads that shift during turns can cause a truck rollover accident, even at slow speeds. A personal injury lawyer can often determine if negligent trailer loading caused a truck rollover.
Another frequent cause of large truck rollover is tripping. Tripping can occur when the wheels of a large truck strike something (e.g. a curb) while turning. Large trucks can also be “tripped” by the slope when turning while descending a decline. When a large truck puts a tire off of the pavement, it can cause the tire to rut into the ground, resulting in tripping and subsequent truck rollover.
Of course, a truck accident can occur simply from making a sharp turn or maneuver, especially if it is pulling two or three trailers. The g forces required for large truck rollovers are much less than for an automobile. Trucking accidents can also be caused by truckers suffering “highway hypnosis” or from fatigue brought on by stretching federally mandated limits on consecutive hours behind the wheel.
Trucking companies may dispatch lawyers to the scene of an accident immediately after learning of it. These attorneys are determined to protect the trucking companies from lawsuits, so they may attempt to have evidence destroyed, cover up any inconsistencies in driver’s log, etc. Your best bet is to hire a trucking accident lawyer of your own. Please contact the Law Office of Barry J. Simon to investigate your accident and pursue litigation.
Every year, nearly 500,000 large trucks (tractor-trailers or “semis”) are involved in traffic accidents in the United States. Approximately 5,000 of these accidents involving semi trailer trucks result in fatalities. In fact, one out of every eight traffic fatalities is caused by a collision with a large truck. Not surprisingly, most of the deaths and injuries involve the passengers of the vehicles struck by tractor-trailers. Truck drivers typically escaped unscathed.
The Federal government requires tractor-trailer and other large truck operators to acquire a commercial drivers license and undergo limited drug and alcohol testing. However, many truck safety advocates question the effectiveness of the licensing and testing program.
A more pressing matter, according to safety experts, is truck driver fatigue. New rules implemented by The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) in 2003 allow drivers to drive 11 hours after 10 consecutive hours off-duty. Also, drivers may not drive beyond the 14th hour after coming on-duty, following 10 hours off-duty. Similar to existing rules, drivers may not drive after being on-duty for 60 hours in a seven-consecutive-day period or 70 hours in an eight-consecutive-day period. This on-duty cycle may be restarted whenever a driver takes at least 34 consecutive hours off-duty.
Short-haul truck drivers–those drivers who routinely return to their place of dispatch after each duty tour and then are released from duty–may have an increased on-duty period of 16 hours once during any seven-consecutive-day period. The 16-hour exception takes into consideration legitimate business needs without jeopardizing safety. FMCSA estimates that without the extra two on-duty hours, the industry would be required to hire at least 48,000 new drivers, actually reducing crash-reduction benefits.
The current rule allows 10 hours of driving within a 15-hour on-duty period after eight hours of off-duty time. Also, drivers may not drive after their 15th hour on duty in a workday or after 60 hours on-duty in seven consecutive days or 70 hours on-duty in eight consecutive days. The FMCSA estimates the new rule will save up to 75 lives and prevent as many as 1,326 fatigue-related truck crashes annually. There were an estimated 4,902 truck-related fatalities in traffic crashes in 2002.
With the pressure to deliver their loads, however, drivers often continue when prudence suggests otherwise. In a recent survey, 20% of long-haul truck drivers admitted to falling asleep at the wheel within the past month.
If you have been injured or a loved one has been killed in an accident involving a tractor-trailer or other large truck, it is important to consider your legal options. Many truckers are employed by large corporations that may put delivery of their goods ahead of your safety. Don’t pay for the transportation industry’s greed. Whether you are a truck driver injured through no fault of your own or an individual injured in a truck related traffic accident it may be important to contact an attorney who can help you protect your legal rights. Please keep in mind that there may be time limits within which you must commence a truck accident lawsuit.