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Video Footage – Proving your Injury Claim

April 19, 2012 By

In any personal injury, slip and fall or car accident case, you have to prove liability on the part of the defendant to obtain damages. Our firm uses many means to help you prove this all important liability – statutes, prior case law and of course, actual evidence obtained through investigation.

Video footage, especially from surveillance cameras, is one type of evidence that can make proving your case much easier.

Let’s take a look at this example of a holiday season shopper who suffered painful injuries at the mall. Having footage from the mall’s security cameras was instrumental in proving her case.

Julie was shopping at a mall for gifts for her family but her trip suddenly turned into a tumultuous affair.

While coming down an escalator, Julie slipped and fell at the end. She used her right hand to brace from the impact of the fall. She felt pain in her right hand and was unable to get up for a moment. Other shoppers certainly noticed the incident and notified mall security.

Although a report was filed, Julie declined medical attention and decided to go home.

Later in the night though, Julie started experiencing excruciating pain so her husband took her to the emergency room. After a few x-rays, doctors were able to determine that Julie had sustained some pretty serious injuries, specifically a broken arm, wrist and broken pelvis. Surgery was ordered and while it was successful, Julie required 5 months of physical therapy.

What caused Julie to fall and sustain these injuries?

It was later determined that some spilled soda at the base of the escalator was to blame for the incident.

According to surveillance footage of the area, the hazard was present a whole 2 hours before the incident. The footage also showed that mall employees had taken NO action clean up the spill or warns customers of any hazards

In this respect, the owners and managers of the mall failed in their duty to inspect their premises, warn shoppers of any danger and take measures to address the hazard. In light of this failure, the owners and managers of the mall are liable for Julie’s medical bills.

Upon this discovery, the mall’s management company offered Julie $5000 in damages (…through an insurance policy for such circumstances).

However, Julie’s medical expenses – the surgery and physical therapy – totaled $35,000.

As you can see, $5000 can hardly make a dent on that.

Julie then took the next step and hired a premises liability attorney to try and obtain compensation for all of her expenses. At first, $140k was requested but a counter-offer of $35k was sent back by the management company. Next, Julie’s attorney countered with a settlement offer of $125k.

With a trial seeming inevitable, the judge presiding over the case ordered the two parties to make one final effort at negotiation.

After 6 hours of discussion, the two parties settled on compensation of $75,000 – $50k was to be paid by the management company while the remaining $25k was to be paid by the mall’s owners.

During settlement negotiations, you can request any video surveillance footage to prove your case. If the owner’s refuse to turn over the footage, you will have to file a lawsuit to obtain the footage.

As you can see from Julie’s case, having video footage made proving her case much easier. Her premises liability attorney was able to use this too in the case’s settlement negotiations. And as we also see from this case, there can be two parties liable in a case. In our example here, it was the mall owners as well as the management company they hired.

Despite overwhelming evidence, defendants like this too often delay making a sufficient offer in hopes you don’t have the resources to pursue a full claim, which is why hiring a premises liability or personal injury attorney is vitally important.

Premises liability attorneys at Nashville’s Gilreath & Associates possess decades of experience obtaining compensation for injury victims like Julie. If you’ve sustained an injury due to someone else’s negligence, it’s vitally important you obtain legal representation to make sure you’re sufficiently compensated for medical expenses, lost wages and pain and suffering.

Filed Under: Injury, Safety Tagged With: , , ,

Avoiding “Structured Settlement” Scams

April 6, 2012 By

Often times, the effects from an accident go well beyond the pain and medical procedures. Often times, the financial aspect of your injury is every bit, if not more stressful.

This “financial” stress can eventually lead to depression and desperation and prompt you to make ill-advised decisions in the hopes of fixing your money situation.

One of these ill-advised moves is to work with a structured settlement company that offers immediate, lump-sum payouts. In exchange, you agree to sell the company your future payments from any settlements.

The problem of course is this comes at a pretty steep price. Typically, structured settlement companies will only offer a fraction of the money you would otherwise receive from your eventual settlement.

If you’re considering a structured settlement for whatever reason, consult with your personal injury attorney and any structured settlement professionals they’ve worked with. Or, you can speak to a trusted financial adviser on how best to sell future payments.

Here are a few things you need to consider:

  • Don’t take selling your future payouts lightly
  • Explore all other options before deciding to sell your future payouts
  • If selling is the only option or even the right option, only work with reputable companies who use a fair and transparent process

Even with laws and statutes in place, many structured settlement companies are able to push through unsavory deals. For example, many states require judicial approval for all structured settlement transactions. The court is charged with ensuring the discount rate and any fees and expenses are fair and in the best interest of the payee (..you) and his/her dependents.

So while there are some protections built in, sound advice is still key.

Structured settlement companies that help accident victims with immediate cash needs are certainly valuable, provided they follow all laws and make sure their customers are given the information they need to make an informed decision.

However, bad apples do exist so only seek out the most reputable structured settlement firms to work with.

Original story appeared in the Fall 2011 issue of The Safety Report

Filed Under: Advocacy, Injury Tagged With: , , , , ,

10 Things You Can Do To Avoid Distractions While Driving

March 16, 2012 By

Due to emerging technologies being adopted by the public at large, much attention has been focused lately on cell phones and distracted driving. As many as 9 states prohibit all drivers from using handheld phones while another 34, including Tennessee, have banned text messaging.

No state though has banned cell phone use outright for regular drivers. Those on learner’s permits, school bus drivers and truckers (…in Tennessee) are prohibited from using their phones while driving.

The larger issue with cell phones behind the wheel is of course distracted driving, which is considered to be the cause of many accidents. As longtime drivers ourselves, we know how cell phones can be a distraction while in traffic.

For me personally, receiving a call while driving is distracting enough!!

Below are 10 easy steps you can take to avoid being distracted while behind the wheel. Following these simple guidelines can go a long way to keeping you and your family safe on the road.

  1. Before you get in the car, turn OFF your cell phone
  2. Have a custom voicemail and let callers know you will call them back when you’re free (…and not driving)
  3. If you need to make a call, pull off the road
  4. If the call can’t wait, ask a passenger to make the call
  5. Do NOT text, surf the Internet or read e-mail while driving under any circumstance!!
  6. Be familiar with your state and local laws
  7. Before leaving on a trip, program your GPS device, review maps and read directions. Know where you’re going before you go
  8. Be sure any pets are secure before you drive
  9. Avoid heated conversations with fellow passengers
  10. Avoid any activity that can take your mind and eyes off the road

Although laws restricting cell phone use are a positive step, they don’t necessarily translate into reduced fatalities caused by distracted driving. According to a recent report from the Governor’s Highway Safety Association, no evidence that banning cell phone use while driving is effective.

However, cell phone use isn’t the only way you can be distracted while driving. Eating, talking, using a GPS, grooming, etc. etc. are all ways you can be distracted behind the wheel.

According to statistics compiled by Oklahoma Law, distracted drivers are 23 times more likely to cause an accident. Drunk drivers on the other hand are only 7 times as likely to cause one.

Put in that context, distracted driving can be quite dangerous.

In 2009, 16% of car crash deaths could be attributed to driver distraction. More staggering though, the numbers suggest up to 80% of the fatalities could have involved the distraction itself.

The important takeaway – be mindful of your safety and that of your passengers. Maintain focus on the road at all times.

If you’re involved in an accident with a distracted driver, you may have grounds for a legal claim. To learn more about your particular case, contact Nashville car accident attorneys at Gilreath & Associates today for a free consultation.

Original article appeared in the Fall 2001 issue of the Safety Report

Filed Under: Injury, Safety, Trucking Accidents Tagged With: , , ,

Effects of Traumatic Brain Injury

January 6, 2012 By

Just about any injury involving the head can potentially lead to brain injury. Falling off a ladder, being in a bad car accident or simply crashing into something can have effects on the brain that can take a long time to even appear.

It’s safe to say that brain injury can be quite unpredictable in its consequences and can have dramatic impacts on who we are, the way we think, act and feel.

According the U.S. Centers for Disease Control, over 1.7 million people each year sustain some sort of Traumatic Brain Injury (TBI). These injuries can be caused by a variety of things, with falls and motor vehicle crashes accounting for just over 50% of brain injuries.

A traumatic brain injury can have several lasting impacts. Functional sections or lobes in the brain are divided by left and right. Both sides are responsible for different functions. Injuries to one side or the other can result in general patterns of dysfunction.

If an injury occurs on the left side of the brain, it can cause:

  • Difficulty in understanding language
  • Difficulty in speaking
  • Depression, anxiety
  • Verbal memory deficits
  • Impaired logic
  • Sequencing difficulties
  • Decreased control over right-sided body movements

If an injury occurs on the right side of the brain, it can cause:

  • Visual-spatial impairment
  • Visual memory deficits
  • Left neglect (inattention to the left side of the body) Decreased awareness of deficits
  • Altered creativity and music perception
  • Loss of “the big picture” type of thinking
  • Decreased control over left-sided body movements

Diffuse brain injuries, or those that are scattered throughout both the left and right side of the brain can cause:

  • Reduced thinking speed
  • Confusion
  • Reduced attention and concentration
  • Fatigue
  • Impaired cognitive (thinking) skills in all areas

(List of symptoms and brain function illustration courtesy of the Brain Injury Association of America)

When a brain injury occurs, damage to neuron transmitters, nerve tracts or sections of the brain can severely limit or even destroy the ability to carry the messages that tell the brain what to do.

This can in fact change a person in who they are and how they think. Brain injuries can also have an effect on complex functions of the body such as temperature regulation, blood pressure, bowel and bladder control.

Changes like these can be temporary or permanent – it really depends on the individual’s situation. If the injury is bad enough, a complete loss of a particular body function could occur.

Remember, each of our brains is different which is why each brain injury is unique. A person with a brain injury is, and always will be a person first.

If you’ve sustained a brain injury caused by someone else’s negligence, you may be entitled to compensation for medical expenses, lost wages, property damage and pain/suffering.

The best way to determine if you have a claim is to speak with an attorney specializing in brain injuries. Sid Gilreath and associates here at our Tennessee firm have extensive experience representing clients who sustained a brain injury.

To discuss your case, contact Nashville brain injury attorneys at Gilreath & Associates today for a free consultation.

 

Filed Under: Injury, Safety Tagged With: , , ,

Shoulder Pain Pump Injections Pose Devastating Risks

December 16, 2011 By

Injury to the shoulder(s) often result from falls, especially if they were off a ladder or higher up off the ground. To repair the damage, arthroscopic (shoulder) surgery is often used. Following this procedure, the patient will still be in a lot of pain.

While oral medications are used much of the time, direct injection of pain medication through a catheter is sometimes used.

This direct injection method helps provide needed relief from pretty serious pain. However, many patients who have received pain medication through this method claim the injections led to a much more serious condition known as Postarthroscopic Glenohumeral Chondrolyosis, or PAGCL.

PAGCL is characterized by a progressive loss of cartilage in the glenohumeral joint, which connects the arm and shoulder together.

This cartilage cannot regenerate and therefore its loss is permanent, which causes severe pain, discomfort and a life-long disability. Other indications of PAGCL include:

  • Increased shoulder pain both when resting and moving
  • More stiffness in the shoulder
  • Clicking, popping and grinding in the shoulder
  • Loss of strength and decreased range of motion
  • X-ray will show narrowing joint space

Complaints from patients led the American Academy of Orthopedic Surgeons to commission a study in 2006 where 152 shoulder surgery patients were examined. Of these patients, 12 developed PAGCL, all of which received pain pump injections directly into the shoulder.

Patients who only received injection(s) to the soft tissue surrounding the shoulder did not experience breakdown in cartilage…this much shorter injection is in fact the only method approved by the U.S. Food & Drug Administration.

In an advisory released a few months ago, the FDA asked manufacturers to include warnings about direct injection. However, the agency doesn’t openly say pain injections cause cartilage breakdown, maintaining they do not know why this occurs in some patients.

Regardless, many lawsuits have been filed by patients seeking compensation for damages resulting from the use of pain pump injections.

If you’re experiencing symptoms listed above and have had direct injections of pain medication to your shoulder, it’s important you consult with your doctor immediately.

It’s also suggested you contact a medical malpractice or defective product attorney licensed in your state. Tennessee medical malpractice attorneys at Gilreath & Associates can help you obtain compensation for injuries stemming from defective products like this.

Filed Under: Injury, Product Failures Tagged With: , , , ,

Video Helpful in Proving Liability in Slip & Fall Case

December 7, 2011 By

In order to obtain compensation for damages for a slip & fall or other personal injury, you first have to prove liability. Having video footage, especially if it’s from the store owner’s surveillance system makes proving this liability much easier.

This was the case of a shopper named Julie who went to a busy mall shortly before Christmas.

During her shopping, Julie was coming down an escalator where she slipped and fell coming off at the bottom. The floor was slippery, causing her to fall forward. Using her right hand to brace herself as she hit the ground, Julie felt pain in her right hand and was unable to get up. Witnesses alerted mall security and an incident report was filed…Julie declined to go to a hospital.

That night though, Julie started having extraordinary pain in her wrist and arm. Taken to the hospital by her husband, X-rays confirmed Julie had a broken arm and wrist and a broken pelvis. She was immediately scheduled for surgery where a plate was put in her wrist along with 5 pins to help the bones fuse together.

While the surgery was successful, Julie did require 5 months of physical therapy to regain full use of her arm.

Surveillance footage from the mall showed spilled soda at the base of the escalator for an entire 2 hours before Julie’s fall

Besides showing how long between the time the soda was spilled and the incident, which coincidentally was right next to a food court, the footage also showed no mall personnel either removing the hazard or warning shoppers. From a liability perspective, this showed the mall managers failed in their legal duty to inspect their premises.

The mall’s management company had insurance for such instances and offered Julie $5000 – an amount that would have only covered a fraction of her medical costs. After their initial offer, Julie decided to hire an attorney who specializes in slips and falls.

After a lengthy back and forth on settlement figures, it was almost certain the case would go to trial.  The judge however ordered all parties to try one last time and after 6 hours, they arrived at $75,000.

Therefore, if you’re in a slip & fall accident at a mall or elsewhere, you can request any surveillance footage to prove your case during settlement negotiations. If the defendant doesn’t provide it, you will have file a lawsuit and subpoena the footage as evidence.

If you’ve been in a slip & fall accident or sustained an injury due to negligence, you may be entitled to compensation. To discuss your case, contact Nashville slip & fall attorneys at the Gilreath & Associates today for a free consultation.

Filed Under: Injury Tagged With: , , ,

5 Most Common Causes of Brain Injury

August 30, 2011 By

Traumatic Brain Injury (TBI) is considered to be a serious public health concern by the Centers for Disease Control. Approximately 1.7 million people a year in the U.S. sustain some sort of traumatic brain injury, with thousands of these occurring in Tennessee.

Effects from these injuries range in severity from just a mild concussion to more serious, permanent disability.

And while the effects of brain injury can last a life time, the cause can occur in a split second.

Continue reading for a brief overview of the 5 leading causes of traumatic brain injury according to the Centers for Disease Control (CDC).

1.       Falls – 35.2%

The most common accident in general, falls are the leading cause of brain injury in both the U.S. and Tennessee. Among children ages 0-14, falls cause 50% of traumatic brain injuries. For seniors over 65, falls are the cause of an astounding 62% of TBIs!

2.       Traffic Accidents – 17.3%

Auto accidents constitute the 2nd leading cause of traumatic brain injury among all age groups. However, accidents like these are leading cause of death from brain injury.

3.       Striking/Being Struck By an Object – 16.5%

The third leading cause of traumatic brain injuries in general, striking or being struck by an object is in fact the 2nd leading cause of traumatic brain injuries (25%) among children ages 0-14.

4.       Assault – 10%

Physical assault is another common cause of traumatic brain injury, accounting for 10% of all TBIs in the U.S. Fortunately, assault was the cause for only 2.9% of brain injuries in children and 1% in elderly adults.

5.       Unknown/Other – 21%

Other causes or traumatic brain injury are in fact unknown or very rare. It’s sometimes difficult to pinpoint the cause of a brain injury since the effects may not show up for a long time.

Effects from brain injury vary far and wide ranging from very minor concussions to death. Of the annual 1.7 million brain injuries, over 275,000 require hospitalization and 52,000 die each year. Young children and the elderly are two groups who are at higher risk for brain injury. Separated by gender, males are more commonly diagnosed with a TBI (59%) than females.

Traumatic brain injury is a serious condition that can pose dramatic consequences for your life. Expensive, perhaps financially devastating medical bills, lost time from work and general stress are just a few of the consequences.

If you’ve sustained a brain injury caused by negligence, there are options available for you to  obtain compensation for your costs, lost time from work and pain and suffering. Brain injury attorneys and Nashville’s Gilreath and Associates are well experienced in helping injury victims seek justice. Our team possesses decades of experience helping injury victims get the compensation they need and deserve.

We invite you to contact us today to discuss your case and evaluate legal options.

Filed Under: Injury Tagged With: ,